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2018.01.02 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Dec. 22, 2017 City Council Meeting Schedule Jan. 2, 2018 Time Type of meeting Location 6:15 p.m. First City Council work session to discuss: • Continue city manager evaluation* ** * This portion of the work session may be closed pursuant to Minnesota Statutes, section 13D.05, subdivision 3(a) for the purpose of evaluating the performance of the city manager. Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting to consider: • Election of officers • Public hearing - approval of the sale of an EDA lot at 4724 Lakeland Ave. N. for construction of a new single family home • Tentative acceptance of a proposal from Novak- Fleck to purchase the EDA lot at 5573 Zane Ave. N. • Amended bylaws Council Chambers Following the EDA meeting Second City Council work session to discuss: • Annual review of Council rules • Draft of updated City Code, Chapter 8 • Constituent issues update • New business** • Announcements** Conference Room A ** Denotes no supporting information included in the packet. 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. 22, 2017 City Council First Work Session Agenda Jan. 2, 2018 6:15 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at ______ p.m. on Jan. 2, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Budziszewski ____ Gilchrist ____ Dahl ____ DeYoung ____ Deshler ____ Kolb ____ LaRoche ____ Parsons II. Agenda The purpose of the work session is to discuss the following agenda item: 1. Continue city manager performance evaluation* ** * May be closed pursuant to Minnesota Statutes, Section 13D.05, subdivision 3(a) for the purpose of evaluating the performance of the city manager. ** 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 City Council Meeting Agenda Jan. 2, 2018 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Appearances 3.1 Presentation of Crystal Sparkles awards by the Mayor and representatives of the Light of Crystal and West Metro Fire (WMF) Auxiliary. (Breeka Li Goodlander of the Light of Crystal and Wendy Grimes of the WMF Auxiliary will be present.) 3.2 Presentation of Beyond the Yellow Ribbon Gold Star Family Memorial.** 3.3 Presentation by SUPERVALU about upcoming Cub Foods remodel.** 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 minutes from the following meetings: a. The regular City Council meeting on Dec. 19, 2017. b. The regular City Council work session on Dec. 19, 2017. 4.2 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. 4.3 Approval of designating the Sun Post as the primary legal newspaper and the Star Tribune as the secondary legal newspaper for the City of Crystal in 2018. 4.4 Approval of the following annual city appointments for 2018:** a. Hennepin County Recycling Group (HRG): City Manager Anne Norris. b. Local Government Information Systems (LOGIS) Board Member and alternate: Board Member – City Manager Anne Norris and alternate – Assistant City Manager Kim Therres. c. Northwest Suburbs Cable Communications Commission members: Council Member Julie Deshler and City Manager Anne Norris. d. Pets Under Police Security (PUPS) Board Member and alternate: Board Member – Deputy Chief Doug Leslin and alternate – Police Chief Stephanie Revering. Crystal City Council Meeting Agenda Jan. 2, 2018 Page 2 of 7 4.5 Approval of a resolution appointing Mark Ray to the Bassett Creek Watershed Technical Advisory Committee. 4.6 Approval of a resolution appointing Mark Ray to the Shingle Creek Watershed Technical Advisory Committee. 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. Regular Agenda 6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a commercial kennel license at 6225 42nd Avenue North. A veterinary clinic is in the process of opening in the building at 6225 42nd Avenue North and part of the practice will include a commercial kennel. Animal Control Officer Tom Mahan has inspected the proposed clinic and kennel area and recommends approval of the commercial kennel license upon receipt of a Certificate of Occupancy from the Building Official. Prior to acting on the kennel license, the Council should take any comments from neighbors of the clinic. 6.3 The Council will consider closure of Welcome Avenue between 46th and 47th Avenues. In November the City Council reviewed the preliminary Park System Master Plan including plans for Welcome Park. In order to construct a new lighted field in the northeast corner of the park, additional property is needed, currently the Welcome Avenue right of way. Welcome Avenue is a state aid road so the Council will have future additional actions to consider relating to that designation. Welcome Park neighborhood neighbors were notified of the Council’s consideration of this matter. The City Council needs to authorize proceeding with closing this one block segment of Welcome in order to begin design plans for the park improvements. 6.4 The Council will consider a resolution authorizing an agreement with WSB & Associates for Phase I design services for Welcome Park. Crystal City Council Meeting Agenda Jan. 2, 2018 Page 3 of 7 As discussed at a recent work session, design of the Phase 1 Welcome Park improvements needs to begin so that work can be completed by spring 2019. Recommend authorizing execution of an agreement with WSB & Associates for this design work. 6.5 The Council will consider a resolution designating Wells Fargo Bank, N.A. (Crystal branch) as the city’s official depository and Wells Fargo and RBC as the official investment brokers for the year 2018. The city annually has to designate an official depository. Recommend approval of the resolution designating Wells Fargo as the city’s official depository and Wells Fargo and RBC as the city’s official investment brokers. 6.6 The Council will consider the following annual council appointments for 2018: a. Mayor Pro Tem: b. Council liaison to Environmental Quality Commission: c. Council liaison to Parks and Recreation Commission: d. Council liaison to Planning Commission: e. Council representative to the Quad Cities Beyond the Yellow Ribbon Committee: f. Council liaison to the Community Outreach Task Force: The Mayor’s recommendations will be available at the January 2 meeting. 6.7 The Council will consider a resolution to purchase a replacement skid steer. The 2018 PIR includes $65,000 for the purchase of a replacement skid steer for the Streets division. Recommend approval of this replacement purchase. 6.8 The Council will consider a resolution to purchase a replacement loader. The 2018 PIR includes $220,000 for the purchase of a replacement loader and related equipment for the Streets division. Recommend approval of this replacement purchase. 6.9 The Council will consider a resolution to purchase a replacement trackless broom. The 2018 PIR includes $8,000 for the purchase of replacement trackless broom for the Streets division. Recommend approval of this replacement purchase. 6.10 The Council will consider a resolution to purchase a replacement mower. The 2018 PIR includes $58,000 for the purchase of a replacement mower for Parks. Recommend approval of this replacement purchase. Crystal City Council Meeting Agenda Jan. 2, 2018 Page 4 of 7 6.11 The Council will consider a resolution to purchase a replacement tractor. The 2018 PIR includes $85,000 for the purchase of a replacement tractor for the Parks division. Recommend approval of this replacement purchase. 6.12 The Council will consider a resolution to purchase replacement sanitary sewer lids. The 2018 Utilities CIP includes $120,000 to purchase replacement sanitary sewer lids, in part to help with inflow and infiltration. Recommend approval of this purchase. 6.13 The Council will consider a resolution to install a backup generator at the Welcome sanitary sewer lift station. The 2018 Utilities CIP includes $50,000 for the installation of a back-up generator at the Welcome lift station. Recommend approval of this purchase. 6.14 The Council will consider a resolution to purchase a sanitary sewer lift station pump. The 2018 Utilities CIP includes $20,000 for the purchase of a back-up pump for the south lift station. Recommend approval of this purchase. 6.15 The Council will consider a resolution for professional services for the enhanced crosswalk at 36th Ave. and Welcome Ave. Since receiving several resident comments/complaints about the pedestrian crosswalk at Welcome and 36th, the Public Works Director has been researching possible enhancements. Recommend approval of authorizing hiring TranSmart to evaluate the potential enhancements for this pedestrian crossing. 6.16 The Council will consider a resolution authorizing the contract with SafeStep, LLC for the sidewalk trip hazard removal project. Each year the city evaluates public sidewalks for tripping hazards due to heaving and tree roots and repairs those identified areas. Last year, the Council authorized hiring a contractor to repair these areas and staff is recommending SafeStep be hired again in 2018 to continue this work. 6.17 The Council will consider a resolution authorizing the purchase of the flashing yellow arrow and vehicle detection equipment (36th and Winnetka). The Public Works Director has been working with Hennepin County to have flashing yellow arrows installed at certain intersections. In 2018, New Hope will be doing work on the 36th Crystal City Council Meeting Agenda Jan. 2, 2018 Page 5 of 7 and Winnetka intersection and will be installing flashing yellow arrows and vehicle detection equipment; Crystal will share in the costs of this equipment. Recommend approval of this purchase. 6.18 The Council will consider an agreement with WSB & Associates for design services for Becker Park redesign. As the Council is aware, the city received significant grant funds for storm water improvements at Becker Park. This work is scheduled to be done starting in summer 2018 (after the 2018 Frolics). Since the park will be unusable during the stormwater improvement project, it makes sense to restore the park consistent with the recently approved Park System Master Plan. The first step is to hire a consultant, WSB & Associates, to do the design work for the park portion of this project. Recommend approval of executing an agreement with WSB & Associates for this work. 6.19 The Council will consider second reading and adoption of an ordinance approving a Unified Development Code (UDC) to replace zoning, subdivision and sign ordinances and a resolution for summary publication. The City Council approved the first reading of the ordinance establishing a Unified Development Code (UDC) to replace Chapter 5 (Zoning Code) and subdivision and sign ordinances. Recommend approval of the second reading of the UDC and the resolution for summary publication. 6.20 The Council will consider a resolution adopting a list of approved trees as referenced in the UDC. The Unified Development Code references a list of approved trees. Rather than including that list in the Code, the list is adopted by resolution so it can be changed as needed. Recommend approval of the approved tree list. 6.21 The Council will consider a contract with the City of Brooklyn Park for health inspection services in 2018. Crystal has contracted with the city of Brooklyn Park for health inspection services for many years. While these services aren’t needed often, they are critical when they are needed. Recommend approval of the contract with Brooklyn Park for health inspection services in 2018. 6.22 The Council will consider a resolution appointing the firm BerganKDV for auditing services for the 2017 financial statements. Crystal City Council Meeting Agenda Jan. 2, 2018 Page 6 of 7 The city has a multi-year proposal from BerganKDV for auditing services. Recommend approval of the resolution appointing BerganKDV to conduct the 2017 financial audit and prepare related documents. 7. Announcements a. The City Council will have a work session on Thursday, Jan. 11 at 6:30 p.m. in Conference Room A at City Hall. b. City offices will be closed on Monday, Jan. 15 in observance of the Martin Luther King Jr. holiday. c. The next Citizen Input Time is Tuesday, Jan. 16 at 6 p.m. in Conference Room A at City Hall. d. The next City Council meeting is Tuesday, Jan. 16 at 7 p.m. in the Council Chambers at City Hall. e. Crystal Business Association meets on Wednesday, Jan. 17 at 8:30 a.m. at Crystal Public Works, 5001 West Broadway. f. Neighbors Recognizing Neighbors nominations are being accepted until Wednesday, Feb. 14. Forms are available on the city website and at the Crystal Community Center. Selected neighbors will be recognized at the Crystal Ball on Saturday, March 24 at the Crystal Community Center. g. The Crystal Ball will be held Saturday, March 24, 2018 at Crystal Community Center. Tickets are available at the Crystal Community Center and city’s website at www.crystalmn.gov. h. Girl and Boy Scout troops are invited to lead the pledge at City Council meetings. Troops who are interested may contact city staff for information. i. 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. 8. Adjournment 9. Jan. 2, 2018 Meeting Schedule Time Type of meeting Location 6:15 p.m. First City Council work session to discuss: • Continue city manager evaluation* ** * This portion of the work session may be closed pursuant to Minnesota Statutes, section 13D.05, subdivision 3(a) for the purpose of evaluating the performance of the city manager. Conference Room A Crystal City Council Meeting Agenda Jan. 2, 2018 Page 7 of 7 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting to consider: • Election of officers • Public hearing - approval of the sale of an EDA lot at 4724 Lakeland Ave. N. for construction of a new single family home • Tentative acceptance of a proposal from Novak- Fleck to purchase the EDA lot at 5573 Zane Ave. N. • Amended bylaws Council Chambers Following the EDA meeting Second City Council work session to discuss: • Annual review of Council rules • Draft of updated City Code, Chapter 8 • Constituent issues update • New business** • Announcements** Conference Room A ** Denotes no supporting information included in the packet. Have happy, safe holidays! City offices are closed on Monday, December 25 and January 1 in observance of Christmas and New Year’s Day holidays. See you next year. Memorandum DATE: December 15, 2017 TO: Anne Norris, City Manager Mayor and City Council Members FROM: Michael Peterson, Communications Coordinator SUBJECT: Crystal Sparkles Contest Sponsored by the West Metro Fire Auxiliary and the Light of Crystal, the annual Crystal Sparkles Holiday Lighting contest was in December 2017. The contest is designed to promote community spirit and light up Crystal for the holidays. Entries were judged on creativity, artistic design and the overall visual effect. First and second place for residential displays, as well as a category for businesses are awarded. The 2017 Crystal Sparkles winners for single-family residential displays are: 2nd Place Deb Walk 6611 44th Ave. N 1st Place Brad Snyder 4107 Jersey Ave. N. The 2017 Crystal Sparkles winner business display is: 1st Place Heathers Manor 3000 North Douglas Dr. W endy Grimes from West Metro Fire Auxiliary will attend the Tuesday, Jan. 2, 2018 City Council meeting and will join the Mayor in presenting the awards. 3.1 Crystal City Council meeting minutes Dec. 19, 2017 Page 1 of 5 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Dec. 19, 2017 at 7:01 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 city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent: Deshler. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Assistant City Manager/Human Resources Manager K. Therres, City Planner D. Olson, Fire Chief S. Larson, Police Chief S. Revering, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Kolb and seconded by Council Member LaRoche to approve the agenda. Motion carried. 3.Appearances 3.1 Police Chief S. Revering addressed the Council. Mayor Adams conducted the swearing in of Police Sergeants Jon Kurtz, Geoffrey Kusick and Justin Tourville and Police Officers Cole Horner and Txheng Vang. 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 minutes from the following meetings: a.The regular City Council meeting on Dec. 5, 2017. b.The regular City Council work sessions on Dec. 5, 2017. 4.2 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. 4.3 Approval of Resolution No. 2017-129, accepting the following donations: a.$500 from the Crystal Lions Club for the Crime Prevention Fund. b.$154.05 from donation boxes for Crystal Police – K9 Unit. c.$500 from Paster Properties, LLC for the employee holiday party. 4.1(a) Crystal City Council meeting minutes Dec. 19, 2017 Page 2 of 5 4.4 Removed from consent agenda and added as item 6.1 to the regular agenda. 4.5 Approval of Resolution No. 2017-131, renewing the Community Outreach Task Force and approving bylaws for that Task Force. 4.6 Acceptance of Tom Jungroth’s resignation from the Parks and Recreation Commission. Moved by Council Member Dahl and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 The Council considered a resolution approving the appointment of Gary Laurant to a one year term on the West Metro Fire-Rescue District Board. Moved by Council Member Kolb and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 130 RESOLUTION APPOINTING A PUBLIC REPRESENTATIVE TO THE BOARD OF DIRECTORS FOR THE WEST METRO FIRE-RESCUE DISTRICT Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 6.2 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried. 6.3 The Council thanked members of the City Code Review Task Force for their work. Mayor Adams presented Certificates of Appreciation to members of the task force. 6.4 The Council considered a resolution for a one-year time extension for a 2015-issued conditional use permit at 5717 West Broadway (Drew Kabanuk). City Planner D. Olson and applicant Drew Kabanuk addressed the Council. 4.1(a) Crystal City Council meeting minutes Dec. 19, 2017 Page 3 of 5 Moved by Council Member Budziszewski and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 132 RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT AT 5717 WEST BROADWAY AVENUE Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 6.5 The Council considered a resolution for a one-year time extension for a 2016-issued conditional use permit and site plan at 5547 West Broadway (Paster Properties). City Planner D. Olson and Mike Sturdivant (Sr. Leasing Rep & Development Associate of Paster Properties) 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. 2017 – 133 RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED SITE PLAN AND CONDITIONAL USE PERMIT AT 5547 WEST BROADWAY AVENUE Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 6.6 The Council considered a resolution for removing the expiration date on extended hours of operation (10 p.m.) for LUBE Liquor, 5924 West Broadway. City Planner D. Olson and applicant Dave DuBay addressed the Council. Moved by Council Member Parsons and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 134 RESOLUTION AMENDING A CITY COUNCIL RESOLUTION FOR A CONDITIONAL USE PERMIT FOR DAVE DUBAY Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 4.1(a) Crystal City Council meeting minutes Dec. 19, 2017 Page 4 of 5 6.7 The Council considered first reading of an ordinance approving a Unified Development Code (replacing Chapter 5, the Zoning Code subdivision and sign ordinances). City Planner D. Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kolb to adopt the following ordinance: ORDINANCE NO. 2017 – 07 AN ORDINANCE AMENDING CHAPTER 5 OF THE CRYSTAL CITY CODE And further, that the second and final reading will be held on January 2, 2018. Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried. 6.8 The Council considered a resolution approving the Park System Master Plan. Recreation Director J. Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 135 RESOLUTION TO APPROVE THE CITY OF CRYSTAL PARK SYSTEM MASTER PLAN Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 6.9 The Council considered a Joint Powers Agreement with Golden Valley regarding maintenance of the Highway 100 pedestrian bridge. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 136 AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF GOLDEN VALLEY FOR HIGHWAY 100 PEDESTRIAN BRIDGE MAINTENANCE PROJECT 4.1(a) Crystal City Council meeting minutes Dec. 19, 2017 Page 5 of 5 Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 6.10 The Council considered a resolution approving the 2018 Utility Fee Schedule (parts and equipment). City Manager A. Norris addressed the Council. Moved by Council Member Kolb and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 137 RESOLUTION ADOPTING APPENDIX IV OF THE CRYSTAL CITY CODE RELATING TO THE 2018 FEE SCHEDULE - UTILITY SECTION Voting aye: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent, not voting: Deshler. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events. 8. Adjournment Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adjourn the meeting. Motion carried. The meeting adjourned at 8:32 p.m. __________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 4.1(a) Crystal City Council work session minutes Dec. 19, 2017 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 6:20 p.m. on Dec. 19, 2017 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for City Council members and staff: Council members present: Adams, Budziszewski, Dahl, Kolb, LaRoche and Parsons. Absent: Deshler. City staff present: City Manager A. Norris and City Attorney T. Gilchrist. Others present: Karen DeYoung of DeYoung Consulting Services, LLC. II.Agenda The Council and staff discussed the following agenda items: 1.Moved by Council Member Kolb and seconded by Council Member LaRoche to close the meeting (pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a)) to discuss the city manager’s evaluation. Motion carried. Moved by Council Member Kolb and seconded by Council Member Budziszewski to re-open the meeting. Motion carried. 2.City manager monthly check in 3.Constituent issues update 4.New business 5.Announcements III.Adjournment The work session adjourned at 6:55 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 4.1(b) Page 1 of 1 City of Crystal Council Meeting January 2, 2018 Applications for City License Rental – New 6720 Corvallis Ave N – Leslie J Oyster (Conditional) Rental – Renewal 5015 Angeline Ave N – Clifford J Benson (Conditional) 4608 Brunswick Ave N – Cosco Property II (Conditional) 3246 Douglas Dr N – Bassett Creek Apartments LLC (Conditional) 4550 Douglas Dr N – Lancelot Properties LLC (Conditional) 3512 Hampshire Ave N – Thomas Montgomery (Conditional) 5932 Hampshire Ave N – Thomas and Tracy Cary (Conditional) 6329 Lombardy La – Larry and Christine Howieson (Conditional) 3049 Winnetka Ave N – Reill Properties LLC (Conditional) 4712 Yates Ave N – Hawkeye Real Estate (Conditional) 5029 53rd Ave N – Exceptional Hms/Remdlng Inc (Conditional) Tree Trimmer Premier Tree Service Inc 8588 260th Ave Peirz, MN 56364 Tree Trust 2231 Edgewood Ave N St Louis Park, MN 55426 4.2 4.3 CITY OF CRYSTAL RESOLUTION NO. 2018 - ____ RESOLUTION APPOINTING REPRESENTATIVE TO THE BASSETT CREEK WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the City of Crystal is a member of the Bassett Creek Watershed Management Organization (BCWMO); and WHEREAS, the BCWMO has been organized under Minnesota Statutes to manage the storm waters of cities whose boundaries fall within the water management area; and WHEREAS, the BCWMO bylaws establish a Technical Advisory Committee; and WHEREAS, the bylaw amendment allows for the Council of each member city of the BCWMO to appoint a Technical Advisory Committee member; and WHEREAS, it is in the best interest of the City of Crystal to appoint staff to the Technical Advisory Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, to appoint the following members, as follows: 1.Mark Ray is hereby appointed as the technical advisor to the BCWMO’s Technical Advisory Committee for a three-year term expiring January 31, 2021. Adopted by the City Council of the City of Crystal this 2nd day of January, 2018. ____________________________________ Jim Adams, Mayor ATTEST: ________________________________ Christina Serres, City Clerk 4.5 CITY OF CRYSTAL RESOLUTION NO. 2018 - ____ RESOLUTION APPOINTING REPRESENTATIVE TO THE SHINGLE CREEK WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the City of Crystal is a member of the Shingle Creek Watershed Management Organization (SCWMO); and WHEREAS, the SCWMO has been organized under Minnesota Statutes to manage the storm waters of cities whose boundaries fall within the water management area; and WHEREAS, the SCWMO bylaws established a Technical Advisory Committee; and WHEREAS, the bylaw amendment allows for the Council of each member city of the SCWMO to appoint a Technical Advisory Committee member; and WHEREAS, it is in the best interest of the City of Crystal to appoint staff to the Technical Advisory Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, to appoint the following member: 1.Mark Ray is hereby appointed as the technical advisor to the SCWMO’s Technical Advisory Committee for a three-year term expiring January 31, 2021. Adopted by the City Council of the City of Crystal this 2nd day of January, 2018. __________________________________ Jim Adams, Mayor ATTEST: ________________________________ Christina Serres, City Clerk 4.6 I:\COUNCIL\000 Packet in Progress\12-21-17 Copy of Checks over $25000 Memo DATE:December 21, 2017 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Acting Finance Director RE:Expenditures over $25,000 Payee Amount GMHC Home improvement rebate program (includes admin fees)$31,059.96 Pember Companies, Inc.Capital project work for quiet zone $160,431.84 PERA Employee and city required contributions for 12/15/17 pay date $52,836.58 UHL Co, Inc.Replace police dept rooftop A/C unit; repair boiler at city hall $52,705.49 $297,033.87 Description 6.1 6.2 To: City of Crystal City Council From: Gregory Frahm-Gilles, Access Veterinary Care Date: November 28, 2017 Re: Commercial Kennel Permit Application for 6225 42nd Avenue North The American Veterinary Medical Association estimates that about half of all pets do not have access to regular veterinary care. Cost is a major contributor, along with other factors such as convenience, schedules, education and personal choice. We hope to change that. Access Veterinary Care is a start-up veterinary clinic, focused on providing quality, affordable care to all income levels. Our unique business model allows our company to have significantly lower rates than the existing industry. Operating on a walk-in model (no appointments necessary) increases our efficiency and flexibility. We will be open later into the evening and on weekends as well. A main component of the business will be providing “urgent care” services, allowing families to use our business as a back-up if their primary veterinarian is too busy or closed. With these differences and others, our business aims to increase access to care. We believe that our main client base will be families that do not have a primary veterinarian. With that target, we will be able to enter the industry without being a direct competitor to the existing primary care providers and 24-hour emergency centers. While we will be set up to handle major medical concerns, hospitalization is not planned. All procedures will be done on an out-patient model as research is showing that pets recover just as effectively in the comfort of their own home. For those that are recovering with us during the day, we will have a variety of holding units in three different areas. Cats will have a dedicated recovery room to minimize their stress levels and promote healing. Small dogs will be kept in a bank of small kennels in our main treatment room. Large dogs will be kept in one of five larger, independent bays adjacent to our treatment area and near our outside bathroom area. Renovations are underway with a planned opening in late January. 6.2 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Closure of Welcome Avenue North between 46th and 47th Avenue Summary This closure of Welcome Avenue between 46th and 47th Avenue has been discussed since early in the Park System Master Plan process and was included in the City Council approved document. The improvements to Welcome Park in 2018 are the first step to implement the plan. The most significant improvement will be construction of a new full-size softball field in the northeast quadrant of the park. To make room for the field, it will be necessary to close Welcome Avenue between 46th and 47th Avenue North. Because the work at Welcome Park needs to occur in the summer of 2018, the Council needs to adopt a resolution approving the closure of Welcome Avenue to keep the overall project on schedule. Later in the spring of 2018 the Council will be asked to make revisions to the City’s State Aid system regarding this change along with some other revisions that need to be made as part of a cleanup of the City’s and State’s records. Recommended Action Motion to approve the resolution closing Welcome Avenue North between 46th Avenue and 47th Avenue. 6.3 RESOLUTION NO. 2018 - ______ APPROVING THE CLOSURE OF WELCOME AVENUE NORTH BETWEEN 46TH AVENUE AND 47th AVENUE WHEREAS, Welcome Avenue North bisects Welcome park; and WHEREAS, the existing connection of streets made by Welcome Avenue North is served by multiple parallel streets; and WHEREAS, the City Council is authorized by Minnesota Statutes, section 412.221, subd. 6 to close and barricade streets under its jurisdiction; and WHEREAS, the proposed closure is necessary to provide space for the 2018 Welcome Park improvement project which is the first step to implement the Park System Master Plan; and WHEREAS, the City has taken public input on this closure as part of the Park System Master Plan process. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the closure of Welcome Avenue North between 46th Avenue North and 47th Avenue North. The closure shall be effective upon installation of barricades and signs on the closed portion of Welcome Avenue North. Adopted by the Crystal City Council this 2nd day of January, 2018. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: December 20, 2017 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Welcome Park Phase 1 The City of Crystal recently completed a Park System Master Plan. One of the first items identified for improvement is adding a lighted softball field at Welcome Park. This project was chosen since the lighted softball fields at Becker Park will be removed in 2019. Building this field early in 2018 will allow the Welcome Park field to be used in 2019 – when the other fields close. The proposed project also includes field irrigation, updated lighting of the hockey rink, relocation of the basketball court, and removal of Welcome Avenue to accommodate the improved softball field. The estimated cost of this 2018 park project is $620,000. The first step in making these improvements is preparing a design. Staff recommends approval of the attached professional services agreement with WSB and Associates, in the amount of $56,242.00, for Phase 1 design of Welcome Park. This is the same firm that recently completed the Park System Master Plan. The design work includes preparation of construction documents for project bidding. 6.4 January 2, 2018 6.4 6.4 Proposed Project Details •Build full-sized softball field with lights •Remove road to accommodate the field. •Shift hockey rink and update lighting •Relocate the basketball court •Estimated Phase 1 Total Cost: $620,000 (from Parks Fund) 6.4 • Park and Recreation Commission: •Recommended approval of the Phase 1 Development Plan for Welcome Park in 2018 as identified on the prior slide. • Request for the City Council: •To approve an agreement with WSB and Associates, in the amount of $56,242.00, for Phase 1 design of Welcome Park. •The design work includes preparation of construction documents for project bidding 6.4 6.4 CITY OF CRYSTAL RESOLUTION 2018 - RESOLUTION IN SUPPORT OF ENTERING INTO A CONTRACT WITH WSB & ASSOCIATES FOR PHASE 1 DESIGN OF WELCOME PARK WHEREAS, the City of Crystal has recently completed a park system master plan, and WHEREAS, the master plan identifies several improvements at Welcome Park, and WHEREAS, the budget process has identified a new softball field, basketball court, field / rink lighting and irrigation as potential phase 1 improvements for Welcome Park, and WHEREAS, removal of softball fields at Becker Park in 2019 would make softball and other phase 1 improvements at Welcome Park timely in 2018, and WHEREAS, a proposal was requested and received from WSB & Associates to complete Phase 1 design of Welcome Park; THEREFORE, BE IT RESOLVED: A. That the Crystal City Council wishes to enter into a contract with WSB & Associates in the amount of $56,242.00 to complete Phase 1 design of Welcome Park according to the attached proposal. B. That the Crystal City Council hereby authorizes the City Manager to sign the agreement with WSB & Associates to complete this design work. Adopted by the Crystal City Council this 2nd day of January, 2018. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.4 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com November 21, 2017 Mr. John Elholm Recreation Director City of Crystal 4800 Douglas Drive North Crystal, MN 55429 Re: Professional Services Proposal - Design Services for Welcome Park Ballfield Improvements Dear Mr. Elholm, WSB & Associates, Inc. (WSB) is pleased to present this proposal for professional services for the Welcome Park Ballfield Improvements Project. Our past involvement with the planning of this specific park in addition to our company’s long-standing commitment to literally hundreds of park and recreation projects provides us with the expertise to provide the City of Crystal (Owner) with the services needed to successfully develop of this project. This scope of services is based on discussions with the Owner and our past involvement with the master planning. The identified sub-consultants listed below are integrated into our team and their proposals are attached for your reference. Main Line Consulting for irrigation design Electrical Design Initiative for electrical and lighting design PROJECT UNDERSTANDING The project will include the following items as per the 2017 Master Plan: 1. One softball field at northeast corner of park and adjacent amenity zones 2. Lighting and associated power for the softball field and lighting for the relocated hockey rink 3.Irrigation for the softball field and select adjacent common spaces, if desired 4.Related amenities and features for with athletic field 5.Utilities – drainage options for the existing parking lot with a recommendation of best/most economical approach 6.Removal of Welcome Avenue North and associated improvements to adjacent roadways Design will be performed in the winter of 2017 and 2018 with the intent to bid the project in late spring of 2018 and construct in summer of 2018. SCOPE OF SERVICES Based on the current attached Master Plan and recent meeting with the Owner, WSB will provide final design and occasionally requested support with contract administration for a new multi-purpose ballfield utilizing common topsoil / non-engineered soils as well as sports lighting and irrigation. The Owner has expressed interest in developing plans to facilitate the removal of Welcome Avenue North as a separate project. WSB has provided a separate cost for this scope of work should it become desirable. The Owner will also relocate dasher boards to the proposed new location. The extent of implementation within this phase will be based on the project budget of approximately $600,000. To complete the project, we propose the following scope of services: EXHIBITS B and C 6.4 Welcome Park Ballfield Improvements November 21, 2017 Page 2 G:\00-MUNICIPAL\Clients - Cities - Counties\Crystal\Proposals\2017 Welcome Park\Fee Proposal for Welcome Park Ballfield Improvements 2017-1121.docx A. SCOPE OF SERVICE ITEM “A” – FINAL DESIGN: 1.Project Focus Meeting: The general purpose of the focus meeting is to confirm key individuals, and staff members who will be involved in the project or have information that will affect the project, and review and discuss the issues and concerns related to this project. 2.Design Development: This shall include preparing written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in sufficient detail to convey the appearance and function of the proposed improvements. a.This includes the review and use of appropriate design standards and preparation of design development drawings. The drawings include basic site layout, landscaping, grading, removal plans, site utility plans, site lighting plans, and details as required. Outline specifications, including general and technical sections, will be prepared. The bid form outline will be prepared and used to estimate construction costs. b.An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the Owner shall determine which of the improvements shall be included in the final phase of design, (Construction Documents). 3.Construction Documents: Once the design options are fully explored and selected through paragraph A4 above, WSB will prepare final Construction Documents for the improvements as approved by the Owner. These documents shall include plans, details, and specifications in sufficient detail for the Owner to pursue competitive bids for the construction of the improvements. Specific scope of work for this task will include: a.Construction Plans including: i. Title Sheet ii.Site Removals Plan iii.Site Layout Plan iv.Site Grading Plan •Erosion control and site SWPPP plans as necessary •Temporary sedimentation basins as necessary •Onsite soils are assumed to be free of hazardous materials. •Spot elevations for key finished grade elements •ADA grading design of sidewalks and other site facilities as appropriate for this phase of the project. v.Pavement Designs and Typical Details for walks and trails vi.Parking Lot Storm W ater Design •Following a review of drainage options for the existing parking lot, WSB will prepare either storm sewer plans or swale details to properly drain the existing park lot without any parking lot pavement improvements. vii.Water Resources •It is currently anticipated that the Watershed does not require a permit for the project, but does require the City of Crystal complete a project review, and document how the rules of the District are met for the project, along with the implementation of the necessary BMP’s. •In order to answer the Cities question regarding what BMP’s are needed and the cost for us to design these BMP’s, the easiest way to answer the question was to go ahead and complete the initial steps of our scope that requires the development of a drainage plan for the Phase 1 part of the project. Such a plan was developed yesterday and this morning. •The drainage plan we developed that has been accepted by the City consists of the following: 6.4 Welcome Park Ballfield Improvements November 21, 2017 Page 3 G:\00-MUNICIPAL\Clients - Cities - Counties\Crystal\Proposals\2017 Welcome Park\Fee Proposal for Welcome Park Ballfield Improvements 2017-1121.docx o The infield ag lime surface must be designed and constructed in such a manner that the City staff can support a finding that it will not be an impervious surface, and therefore not subject to the treatment requirements of the District. o designating the impervious areas where the road or tennis courts have or will be removed as passive infiltration areas that will be available to treat the water generated from the new impervious surfaces to be constructed along the 1st and 3rd base side of the ball field. The design (related to top soil placement, depth, seed, etc.) for turf establishment in these passive areas could be identical to that used in other common park areas and would not need to be constructed as depressional areas. o The newly constructed impervious surfaces in these areas must be designed as disconnected impervious surfaces, with runoff sheet flowing away from the surface, and generally toward and across these passive infiltration areas. Runoff from these impervious areas should not be collected by catch basins or other channelized drainage systems until they have passed thru these passive areas. •With acceptance of the above design considerations and findings, we are assuming few, if any, formal BMP’s would need to be constructed as part of the Phase 1 portion of this project. viii.Miscellaneous Site Construction Details b.Prepare Specifications including incorporating the City’s standard Front End and design Technical Sections. c.Prepare Final Cost Estimate 4.Irrigation Design Services a.Refer to attached scope of work by Mainline Consulting for detailed description of services. 5.Site Electrical and Lighting / Electrical Design Services a.Refer to attached scope of work by Electrical Design Initiative for detailed description of services. 6.Permits: a.Completion and submittal of the NPDES Phase II stormwater permit at 90 percent plan completion. Assumes erosion control plan, SWPPP, and required erosion and sediment control details. b.It is not anticipated any utility permitting will be required for this work. It is anticipated that the Owner will administer and submit the stormwater project review with Shingle Creek Watershed Management Commission with project information provided by WSB Water Resources Staff. c.Note: WSB will submit all permits to the regulatory agencies unless noted. Permit fees will be considered reimbursable expenses billed in addition to fees. 7.Deliverables: a.One complete paper and digital set of design development materials, construction drawings, specifications and final estimate of probable construction costs at 50 percent and 90 percent completion b.One digital set of plans and specifications at 100 percent completion for bidding purposes which will be facilitate by the Owner. 8.Anticipated Meetings to be held in Crystal: a.One focus meeting with staff b.Two review meetings (50 percent Design Development and 90 percent Construction Document) 6.4 Welcome Park Ballfield Improvements November 21, 2017 Page 4 G:\00-MUNICIPAL\Clients - Cities - Counties\Crystal\Proposals\2017 Welcome Park\Fee Proposal for Welcome Park Ballfield Improvements 2017-1121.docx B. SCOPE OF SERVICES ‘B’ – CONTRACT ADMINISTRATION / PERIODIC OBSERVATION 1.It is understood that the Owner will facilitate day-to-day construction activities including answering questions, administering construction changes, reviewing pay applications, and any necessary inspections. 2.WSB will schedule and lead the pre-construction conference. We will also attend progress meetings during the construction phase of the project as requested by the Owner to ensure construction aligns with plans and specifications. We have included in our scope attendance for up to four progress meetings, at three hours per meeting, throughout construction on an as-needed basis as requested by the Owner. 3.It is currently not anticipated that utility inspections will be required for this project. Inspector can be made available to be onsite during periods of active utility construction if desired. 4.WSB will review all project shop drawings for approval. C. SCPE OF SERVICES ‘C’ – GEOTECHNICAL INVESTIGATION AND WELCOME AVE. DESIGN 1.Geotechnical Investigation and Report: a.Bore hole locating b.Gopher State One call c.One mobilization of truck mounted auger drill equipment d.Two standard penetration test borings to depths of 20 feet. We will sample and record blow counts at 2.5-foot-intervals to 15-feet-deep and then at 5-foot increments beyond the 15-foot depths. In Minnesota, a boring that is deeper than 15 feet is considered an environmental well and requires Well Sealing Notification and Sealing Records be submitted to the Minnesota Department of Health, along with a Notification fee. The borings are planned to depths greater than 15 feet and therefore we have included costs to grout the borings. WSB will also fill out the MDH notification and sealing record forms and sign on behalf of the Owner, unless directed otherwise. e.Boring logs f.Lab review g.Geotechnical Report including a summary of findings, subsurface soil and groundwater conditions, recommendations for allowable soil bearing pressure for footings, and considerations for reusing existing material for site fills. 2.Welcome Avenue Final Design: a.Following conversations with the City, WSB understands that the utility improvements consist of raising/adjusting several manhole castings. It is not anticipated that any other storm, sanitary and watermain improvements will be necessary in portions of Welcome Ave North due to removal and restoration. b.Upon visual observation of the project area via Google Maps, the intersection of Welcome Avenue North and 46th Avenue North currently appears to require little improvements with the closure of Welcome Avenue North. The intersection of Welcome Avenue North and 47th Avenue North appears to require improvements. The centerline of 47th Avenue North shifts at Welcome Avenue North. Following discussions with the City, WSB will extend the southwesterly curbline directly east connecting to the existing southeast corner. •It is assumed that the City will facilitate all final design and documentation associated with the relocation of State Aid Right-Of-Way. •It is assumed that no utility permits will be required for adjustments of existing utility structures. D. SCOPE OF SERVICES ‘D’ - ADDITIONAL SERVICES 1.Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB’s hourly rates at the time work is completed. 6.4 Welcome Park Ballfield Improvements November 21, 2017 Page 5 G:\00-MUNICIPAL\Clients - Cities - Counties\Crystal\Proposals\2017 Welcome Park\Fee Proposal for Welcome Park Ballfield Improvements 2017-1121.docx E. CONDITIONS AND EXCLUSIONS 1.City of Crystal may terminate project with written notice, but shall be responsible for fees incurred to date. F. PROJECT MANAGEMENT: 1.Robert Slipka, Sr. Landscape Architect, will act as the main project manager for this project. The Owner reserves the right to review/reject alternate project manager if workload requires an alternate staff member to take over project management duties. G. PROPOSED FEE: All proposed fees are based on the scope of services defined in this proposal. Services not defined will be considered as Additional Services Item ‘C’. 1.BASE SERVICES, Item ‘A’ – Final Design and Bidding: WSB and their identified team of subconsultants will provide the services as outlined in Scope of Services Paragraph “A” above for an estimated hourly fee of $43,292.00. 2.BASE SERVICES, Item ‘B’ – Contract Administration: WSB and their identified team of subconsultants will provide the services as outlined in Scope of Services Paragraph “B” above for an estimated hourly fee of $6,188.00. 3.BASE SERVICES, Item ‘C.1’ – Geotechnical Investigation and Report: WSB and their team of subconsultants will provide the services as outlined in Scope of Services for an estimated hourly fee of $2,900.00. 4.BASE SERVICES, Item ‘C.2’ – Welcome Avenue Final Design: WSB and their team of subconsultants will provide the services as outlined in Scope of Services for an estimated hourly fee of $3,862.00. 5.ADDITIONAL SERVICES, Item ‘D’: WSB and will provide the services as outlined in Scope of Services Paragraph “D” above on an hourly basis as requested by the Owner. H. FEE & EXPENSE SUMMARY: Fee & Expense Summary: Scope of Services ‘A’ – Final Design Fee $43,292.00 Scope of Services ‘B’ – Contract Administration as requested $ 6,188.00 Scope of Services ‘C.1’ – Geotechnical Borings and Soils Report $ 2,900.00 Scope of Services ‘C.2’ – Welcome Avenue Final Design $ 3,862.00 Total Hourly Not-to-Exceed Fee $56,242.00 Additional Services Fee Summary: Scope of Services ‘D’ – Additional Services Hourly The proposed scope and fee presented herein represents our complete understanding of the project based on available information. If you have any questions or need additional information, please feel free to contact me at 763-231-4844. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB & Associates, Inc. Robert Slipka, RLA Sr. Landscape Architect, Project Manager cc: Jason Amberg, WSB & Associates, Inc. 6.4 Exhibit D – Insurance Schedule 10.01.17 Page 1 WSB & ASSOCIATES, INC. EXHIBIT D INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Phoenix Insurance Company Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $1,000,000 Medical Expenses (Any one person) $5,000 AUTOMOBILE LIABILITY Carrier: Travelers Indemnity Company Type of Insurance: Any Auto Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 UMBRELLA Carrier: Travelers Indemnity Company Coverage: Each Occurrence/Aggregate $5,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Travelers Casualty Insurance Coverage: Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY (Errors and Omissions) Carrier: XL Specialty Insurance Company Coverage: Each Claim $ 5,000,000 Annual Aggregate $ 10,000,000 Certificates of Insurance will be provided upon request. 6.4 2017 Rate Schedule Billing Rate/Hour Principal $160-$180 Associate / Sr. Project Manager / Sr. Project Engineer $143-$180 Project Manager $125-$137 Project Engineer $109-$138 Graduate Engineer $82-$102 Sr. Landscape Architect / Sr. Planner / Sr. GIS Specialist $113-$142 Landscape Architect / Planner / GIS Specialist $67-$107 Engineering Specialist / Sr. Environmental Scientist $94-$135 Engineering Technician / Environmental Scientist $55-$89 Construction Observer $89-$113 Pavement Coring One-Person Crew $165 Two-Person Crew $245 Survey One-Person Crew $135 Two-Person Crew $172 Three-Person Crew $189 Underwater Inspection Dive Team $470 Office Technician $45-$88 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. Multiple rates illustrate the varying levels of experience within each category. Rate Schedule is adjusted annually. 6.4 Exhibit F – Client Responsibilities 10.30.15 Page 1 WSB & ASSOCIATES, INC. EXHIBIT F CLIENT RESPONSIBILITIES The Client’s responsibilities related to the services to be provided by Consultant are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Consultant to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: ARTICLE F.1 Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Consultant to follow or incorporate into its work. ARTICLE F.2 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. ARTICLE F.3 Provide such legal, accounting and insurance counseling services as may be required for this Project. ARTICLE F.4 Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. ARTICLE F.5 Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services required under this Agreement. ARTICLE F.6 Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Consultant as set out below. ARTICLE F.7 Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; propert y description; zoning, deed and other land use restrictions; and other special data. ARTICLE F.8 Require all Utilities with facilities in the Client’s Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. ARTICLE F.9 Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. 6.4 Exhibit F – Client Responsibilities 10.30.15 Page 2 ARTICLE F.10 Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. ARTICLE F.11 Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. ARTICLE F.12 Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. ARTICLE F.13 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE F.14 Client shall bear all costs incidental to compliance with the requirements of this article. 6.4 Memorandum DATE: December 21, 2017 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC SUBJECT: Consideration of resolution designating Wells Fargo Bank, N.A. Crystal Branch as the City’s official depository for the year 2018 and naming the following as official depositories for purposes of investment City funds as authorized by state statues. •Wells Fargo Investment Services •RBC Dain Rauscher •Wells Fargo Advisors Background On an annual basis, the City of Crystal is required to designate an official depository. Discussion Wells Fargo – Wells Fargo Bank N.A. has been the City’s official depository for many years and provides a number of services as follows; Checking – This gives the City the ability to write checks to pay for goods and services as well as to deposit revenues received by the City. ACH transactions – Employee paychecks as well as federal and state tax withholding payments are managed with ACH. Wells Fargo provides a fraud filter that reduces the change of loss through fraudulent transactions. Wire transfers – Bond payments, transfers of funds between banks and property acquisitions are examples of wire transfers. Merchant banking – Credit card payments received from E-permits, Recreation and Utility payments. Money market accounts – Money that is not immediately needed in the checking account is deposited in this account. 6.5 Investment brokers – are the investment brokers the City has used for several years. Buying investment from several brokers insures competitive prices for the securities purchased. Safekeeping of investment securities – securities purchased from any of the investment brokers are held at Wells Fargo Brokerage Services. The securities are protected by insurance from the SIPC (Securities Investor Protection Corporation) up to $500,000 and by additional insurance up to $150,000,000 purchased by Wells Fargo. Conclusion: The City Council is requested to consider approving the attached resolution approving Wells Fargo Bank, N.A. as the City’s official depository, Wells Fargo Securities, RBC Dain Rauscher and Wells Fargo Advisors as investment brokers and Wells Fargo Brokerage Services for Safekeeping of investment securities for the year 2018. 6.5 City of Crystal RESOLUTION NO. 2018-______ RESOLUTION DESIGNATING WELLS FARGO BANK, N.A. – CRYSTAL BRANCH AS THE CITY’S OFFICIAL DEPOSITORY, WELLS FARGO SECURITIES, RBC DAIN RAUSCHER AND WELLS FARGO ADVISORY AS INVESTMENT BROKERS AND WELLS FARGO BROKERAGE SERVICES FOR SAFEKEEPING OF INVESTMENT SECURITIES FOR THE YEAR 2018 WHEREAS, the City of Crystal’s Investment Policy calls for the designation of a bank as the City’s official depository, and; WHEREAS, Wells Fargo Bank, N.A. has filled that function and provided a full range of services for several years, and; WHEREAS, Wells Fargo securities, RBC Dain Rauscher and Wells Fargo Advisory have provided investment brokerage services for several years, and; WHEREAS, Wells Fargo Brokerage Services has provided Safekeeping Services for several years, and; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby designates Wells Fargo Bank, N.A. – Crystal Branch as the City’s official depository, Wells Fargo Securities, RBC Dain Rauscher and Wells Fargo Advisors as investment brokers and Wells Fargo Brokerage Services for Safekeeping of investment securities for the year 2018. BE IT FURTHER RESOLVED that the Contracted Finance Director, with the authorization from the City Manager, is authorized to administer all banking and investment transactions necessary for the secure and efficient operation of the City. Adopted by the Crystal City Council this 2nd day of January, 2018. Jim Adams, Mayor Attest: Christina Serres, City Clerk 6.5 Memorandum DATE: December 21, 2017 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Mayor’s Pro Tem and Commission Liaison Recommendations Each year the Council appoints a mayor pro tem and Council liaisons to the advisory commissions, Task Forces and Quad Cities Beyond the Yellow Ribbon Committee, based on the Mayor’s recommendations. These appointments are: a.Mayor Pro Tem b.Council liaison to Environmental Quality Commission c. Council liaison to Parks and Recreation Commission d.Council liaison to Planning Commission e.Council representative to the Quad Cities Beyond the Yellow Ribbon Committee f.Council liaison to the Community Outreach Task Force Mayor Adams’ recommendations will be available at the January 2 meeting. 6.6 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Bill Bowman, Streets Superintendent SUBJECT: Purchase of replacement skid steer and attachments Background The 2018 PIR includes the replacement of a 2008 BobcatT250 skid steer with attachments and has $65,000.00 allocated for this purchase. The new skid steer with attachments will be purchased off of the Minnesota State Contract Release T-631 (5) from Tri-State Bobcat for $64,834.22. This cost includes the following: 1)Skid steer – the base unit. 2)Bucket – typical front attachment for digging and moving items. 3)Grader attachment kit – For grading and leveling trails, basketball courts, fields, etc. 4)Planer – This is basically a small asphalt mill for potholes and other small street repairs. 5)Bucket with grapple – For picking up items, such as logs. 6)Brushcat – For in-house forestry operations, such as buckthorn removal. The City will be trading in the following items as part of this purchase: 1)Existing 2009 skid steer and bucket ($23,000 credit) 2)Existing bucket with grapple ($1,500 credit) 3)Existing planer ($500 credit) The existing unit is nearly 10 years old and is heavily used year-round for a variety of projects including landscaping, forestry, retaining wall removal/replacement, shelter and building demos, park projects, street repairs, and many other public works activities. With the coming implementation of the Parks Master plan using as many in-house resources as possible, the skid steer will be a vital component of that effort as well as all the other normal operations. Recommended Action Motion to approve the resolution authorizing the purchase of the replacement skid steer and attachments. 6.7 Product Quotation Quotation Number: 27581D027684 Date: 2017-11-28 14:28:31 Ship to Bobcat Dealer Bill To City of Crystal 6125 41st Ave N Crystal, MN 55422 Phone: 763-531-1164 Tri-State Bobcat, Inc 3101 Spruce St Little Canada MN 55117 Phone: (651) 407-3727 Fax: (651) 217-5770 --------------------------- Contact: Patrick Schoen Phone: 651-407-3727 Fax: 651-217-5770 Cellular: 612-356-8890 E Mail: patricks@tristatebobcat.com City of Crystal 6125 41st Ave N Crystal, MN 55422 Phone: 763-531-1164 Description Part No Qty Price Ea. Total Grader, 96" 7160005 1 $9,520.00 $9,520.00 --- Laser Mounting Kit, BLR2 for GRDR96 and GRDR108 7177685 1 $879.50 $879.50 --- Laser Receiver, BLR2 7160486 2 $1,358.00 $2,716.00 --- Trimble GL422N Laser Transmitter, Dual Slope 7275232 1 $1,820.00 $1,820.00 --- Tripod 6688806 1 $182.00 $182.00 Total for these items $15,117.50 Description Part No Qty Price Ea. Total 24" Planer, High Flow M7017 1 $11,151.00 $11,151.00 --- Drum 24 Fastcut M7017-R01-C04 1 $2,961.00 $2,961.00 Total for these items $14,112.00 Description Part No Qty Price Ea. Total 80" Industrial Bucket Grapple 7168339 1 $2,849.00 $2,849.00 Total for these items $2,849.00 Description Part No Qty Price Ea. Total 80" Brushcat (HF) 7233092 1 $5,200.30 $5,200.30 Total for these items $5,200.30 Total of Items Quoted $37,278.80 Trade-in 2002 Bobcat 72" Industrial Grapple Bucket s/n 456102040 ($1,500.00) Trade-in Used Coneqtec APIII 400 Planer ($500.00) Quote Total - US dollars $35,278.80 Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer must exercise his purchase option within 30 days from quote date. Customer Acceptance: Purchase Order: ___________________________ Authorized Signature: Print:_________________________ Sign:_________________________ Date: ________ 6.7 Product Quotation Quotation Number: 27581D027678 Date: 2017-11-15 16:05:41 Ship to Bobcat Dealer Bill To City of Crystal 6125 41st Ave N Crystal, MN 55422 Phone: 763-531-1164 Tri-State Bobcat, Inc 3101 Spruce St Little Canada MN 55117 Phone: (651) 407-3727 Fax: (651) 217-5770 --------------------------- Contact: Patrick Schoen Phone: 651-407-3727 Fax: 651-217-5770 Cellular: 612-356-8890 E Mail: patricks@tristatebobcat.com City of Crystal 6125 41st Ave N Crystal, MN 55422 Phone: 763-531-1164 Description Part No Qty Price Ea. Total T650 T4 Bobcat Compact Track Loader M0271 1 $42,144.90 $42,144.90 A91 Option Package M0271-P01-A91 1 $7,079.10 $7,079.10 Cab enclosure with Heat and AC High Flow Hydraulics Sound Reduction Hydraulic Bucket Positioning Power Bob-Tach Two Speed Travel Deluxe Instrument Panel Keyless Start Attachment Control Kit Cab Accessories Package 3-Point Seat Belt Selectable Joystick Controls (SJC) M0271-R01-C04 1 $661.50 $661.50 17.7" Rubber Track M0271-R09-C02 1 $1,045.80 $1,045.80 Telematics US M0271-R51-C02 1 $0.00 $0.00 Strobe Light Kit, Amber 7129301 1 $221.51 $221.51 80" C/I Heavy Duty Bucket 6726344 1 $1,074.50 $1,074.50 --- Bolt-On Cutting Edge, 80" 6718008 1 $170.61 $170.61 Total of Items Quoted $52,397.92 Dealer Assembly Charges $157.50 Trade-in 2008 Bobcat T250 s/n A5GS20041 - 1840 hrs - Cab and Heater with A/C, Power Bobtach, 17.7" Tracks, 7- Pin, Strobe, 80" HD Bkt ($23,000.00) Quote Total - US dollars $29,555.42 Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer must exercise his purchase option within 30 days from quote date. Customer Acceptance: Purchase Order: ___________________________ Authorized Signature: Print:_________________________ Sign:_________________________ Date: ________ 6.7 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A REPLACEMENT SKIDSTEER AND ATTACHMENTS WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, a skidsteer is an essential component of the public works fleet; and WHEREAS, a skidsteer is used year round in various types of common public works projects; and WHEREAS, a skidsteer will be heavily integral in the implementation of components of the Parks Master Plan; and WHEREAS, the existing skidsteer is nearing the end of its effective operation is approaching significant part replacements; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of replacement skidsteer and attachments from Tri-State Bobcat for $64,834.22. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.7 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Bill Bowman, Streets Superintendent SUBJECT: Purchase of replacement loader and attachments Background The 2018 PIR includes the replacement of a 2004 John Deere 624J loader and has $220,000 allocated for this purchase. The new John Deere 624K loader with attachments will be purchased off of the Minnesota State Contract #134463 from RDO Equipment for $172,529. This cost includes the following: 1)John Deere 624K loader – the base unit. 2)ACS coupler – this is used to allow the loader to use other existing attachments, such as the large snow blower. 3)Bucket – typical front attachment for digging and moving items. 4)Snow package – this includes a front and wing plow for snow removal operations. 5)ACS blanks – can be attached to other existing attachments so they can be picked up by this loader. The City will be trading in the following items as part of this purchase: 1)Exisiting 2004 John Deere 624J loader, plow, and bucket ($56,500 credit) The existing unit is over 15 years old and is used heavily year round for a variety of projects and tasks including loading trucks with materials, general material handling, snow removal, and many other public works activities. Recommended Action Motion to approve the resolution authorizing the purchase of the replacement loader and attachments. 6.8 Investment Proposal (Quote) RDO Equipment Co. 12500 DuPont Avenue South Burnsville MN, 55337 Phone: (952) 890-8880 - Fax: (952) 890-7046 Proposal for: CITY OF CRYSTAL 4141 DOUGLAS DR N CRYSTAL, MN, 554221696 HENNEPIN Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Account#: Sales Professional: Phone: Fax: Email: 11/6/2017 12/6/2017 1022514 1166014 Dale Magee (952) 890-8880 (952) 890-7046 DMagee@rdoequipment.com Equipment Information Quantity Serial Number Hours (approx.) Status / Year / Make / Model Additional Items Cash Price 1 TBD 0 New 2017 JOHN DEERE 624K $173,193.00 Other Manuals and Filters $0.00 Outside Parts and Labor Wheel locks $1,100.00 1 TBD 0 Attachment - New 2017 ACS INDUSTRIES COUPLER $8,794.00 1 TBD 0 Attachment - New 2017 ACS INDUSTRIES 3.5YD X 108" BUCKET $7,807.00 1 TBD 0 Attachment - New 2017 LITTLE FALLS MACHINE Snow Package $36,343.00 1 TBD 0 Attachment - New 2017 ACS INDUSTRIES BLANKS $1,792.00 Equipment Subtotal: $229,029.00 Trade Information Serial Number Year / Make / Model Payoff Information Trade In Hours Trade In Value DW624JZ592499 2004 JOHN DEERE 624J $0.00 4865 ($56,500.00) Total Trade in Value:($56,500.00) Trade Balance Owed:$0.00 Net Difference:($56,500.00) Purchase Order Totals Balance:$172,529.00 Total Taxable Amount:$229,029.00 Tax Rate 3: ( 0%)$0.00 Sales Tax Total:$0.00 Sub Total:$172,529.00 Cash with Order:$0.00 Balance Due: $172,529.00 D1022514 Page 1 of 3 6.8 Equipment Options Qty Serial Number Year / Make / Model Description 1 TBD 2017 JOHN DEERE 624K 7650DW 624K-II LOADER 0810 Standard Gathering Group 2605 English Labels and Decals 0924 John Deere PowerTech Engine 1520 Reversing Fan Drive 1430 Air Intake System with Centrifugal Precleaner Engine 1310 Engine Exhaust with Flat Black Curved Stack 1610 Standard Fuel Filter & Water Separator 1215 130 amp Alternator 2708 24 Volt to 12 Volt - 8 Amp Converter 7140 Premium LED Work and Drive Lights 2890 No Payload Scale 1120 5-Speed Transmission with Lock-up Torque Converter 3049 High Traction - Front & Rear Hydraulically Locking Differential Axles 3110 Automatic Differential Lock 8210 Rear Cast Bumper/Std Counterweight with Rear Hitch and Locking Pin 4415 20.5R25 L2 XSnoPlus Michelin w/ 3 pc. Rims 5550 Full Front and Rear Fenders For Muddy Applications 2010 Standard Z-BAR 2432 3 Function -- Joystick with FNR and 3rd Function Auxiliary Control Lever 2510 Ride Control 8422 ROPS Quiet Cab with Air Conditioning 5620 Left And Right Side Steps 8450 Cab with Air A/C Charge 2230 Premium Heated, Leather/Fabric, High-Wide Back w/ Head Rest Extension, Air Suspension Seat w/ Conventional Left Arm Rest 8320 Heated Outside Mirrors 2120 Steering Wheel Only 1910 Greased Steering Cylinder Joints 170C JDLink Ultimate Cellular - 5 Years 1010 Standard Loader 9240 Engine Compartment Light 9015 Engine Block Heater 9043 Environmental Drains and Sampling Ports 9045 Quick Fluid Service 9420 Transmission Side Frame Guards 9430 Bottom Guards 9460 Level 2 Sound Package 9310 Hydraulic Control System for Attachment Coupler Locking Pins 9316 Hydraulic Fluid - Hydrau XR 9115 Powered Cab Air Pre-Cleaner 9130 Rear Camera and Radar Object Detection System 9140 5.0 lbs. multi purpose (ABC) Dry Chemical Fire Extinguisher 9111 Premium AM/FM/Weather Band (WB)/ XM Ready Radio with Bluetooth, Remote Aux and Remote USB Port 8550 Bucket Pins Less Bucket 9050 Wheel Spin Control 9525 Slow Moving Vehicle (SMV) Emblem 9125 Single Beacon Bracket 1 TBD 2017 ACS INDUSTRIES COUPLER 91003095 1000 STYLE COUPLER - INSTALLS TO LOADER USING OEM BUCKET MOUNTING PINS, CYLINDERS AND LOCK PINS ARE INSTALLED. 91003095 90001402 FULL INSTALLATION KIT, INCLUDES VALVE, SWITCH, WIRING AND PLUMBING TO OPRERATE COUPLER 3RD FUNCTION THIRD FUNCTION LINE TIE IN KIT, PROVIDES LINES WITH QUICK DISCONNECTS TO RUN FROM ACS COUPLER BULKHEADS TO THE FACTORY TERM POINT OF 3RD FUNCTION LINES ON THE BOOM 1 TBD 2017 ACS INDUSTRIES 3.5YD X 108" BUCKET 91006051 GP BUCKET 3.5YD X 108" WIDE W/ACS BOLT ON EDGE AND ACS SERIES 1000 COUPLER RECEIVER INSTALLED D1022514 Page 2 of 3 6.8 1 TBD 2017 LITTLE FALLS MACHINE Snow Package PR1243E1MS FALLS MODEL PR1243E1MS REV SNOW PLOW ACS Lugs INSTALL RDO Supply ACS Lugs LDL-10A WING FALLS MODEL LDL-10A FRONT MOUNT FRONT LIFT SNOW WING HYD BUFFER BRACE HYD BUFFER BRACE 3SGL FALLS MODEL 3SGL DIVERTER AND CONTROLLER KIT INSTALLED 1 TBD 2017 ACS INDUSTRIES BLANKS COUPLER BLANK ACS Coupler Blank - Series 1000 D1022514 Page 3 of 3 6.8 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A REPLACEMENT LOADER AND ATTACHMENTS WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, a loader is an essential component of the public works fleet; and WHEREAS, a loader is used year round in various types of common public works operations and projects; and WHEREAS, the existing loader is nearing the point of significant repairs and replacements; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of replacement loader and attachments from RDO Equipment for $172,529. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.8 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Bill Bowman, Streets Superintendent SUBJECT: Purchase of replacement trackless broom Background The 2018 PIR includes the replacement of a MT Trackless broom and has $8,000 allocated for this purchase. The brooms go on the front of the MT Trackless units (the machines used to clear sidewalks) and are used for snow removal (just a dusting of snow) and sweeping of sidewalks. The new MT Trackless broom will be purchased off of the Minnesota State Contract T-652(5) from Macqueen Equipment for $7,675. The City will be attempting to sell the existing broom on the State Auction website. Recommended Action Motion to approve the resolution authorizing the purchase of the replacement trackless broom. 6.9 City of Crystal 01 - MACQUEEN EQUIP 12/15/2017 13:51:23 (O) 1 03 CRYST001 7635311111 Q00684 CITY OF CRYSTAL PURCHASE ORDER ATTN: ACCOUNTS PAYABLE 4141 DOUGLAS DR N CRYSTAL MN 55422-1696 Aaron Windseth 171 / 171 Description ** Q U O T E ** EXPIRY DATE: 01/14/2018 Amount Minnesota State Contract: T-652(5)7175.00 * NEW 60"x32" dia angle sweeper for Trackless $7,175.00 Miscellaneous Charges/Credits ============================= FREIGHT Qty: 1 Price: 500.00 500.00 Subtotal: 7675.00 Authorization: _________________________Quote Total: 7675.00 6.9 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A REPLACEMENT TRACKLESS BROOM WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the trackless brooms are used primarily during winter sidewalk snow removal and street sweeping operations; and WHEREAS, the existing broom is worn out and reliability is questionable; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of a replacement trackless broom from Macqueen Equipment for $7,675. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.9 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Brad Fortin, Parks and Facilities Superintendent SUBJECT: Purchase of Toro 4000D Wide area mower Background The 2018 PIR includes the replacement purchase of a 2007 Toro wide area mower #124 and has $63,000.00 allocated for this purchase. The existing mower will be traded in a will provide a $9,000 credit. The new Mower will be purchased off of the National IPA contract #120535 from Minnesota Toro for $56,621.38 after trade in. The existing wide area mower has completed its tenth season mowing grass in our parks system. It has become less reliable over the past couple seasons, resulting in untimely down time during the mowing season. During peak mowing operations three wide area mowers are running full time, five days a week. Recommended Action Motion to approve the resolution authorizing the purchase of the new wide area mower. 6.10 MTI Distributing Equipment Proposal November 1, 2017 Brad Fortin City of Crystal Expiration Date:12/1/2017 4141 Douglas Drive Minneapolis, MN 55422 Qty Model Number Description Price Price Extension 1 30609 TORO GROUNDSMASTER 4000-D, 4WD, 55 HP Yanmar Liquid-Cooled, Turb-Charged Diesel Engine, 11' Tri-Deck Rotary Mower, Smart Cool System, Air Ride Suspension Seat, 2 Post ROPS, Mini InfoCenter $61,949.26 $61,949.26 1 30349 Universal Sunshade (White)$538.80 $538.80 1 30422 Leaf Mulching Kit $1,172.22 $1,172.22 8 93-5974 8" Foam Filled Caster Wheels $132.92 $1,063.36 1 30691 Lights Adapter Kit $155.62 $155.62 1 30414 North American Road Light Kit $742.12 $742.12 TRADE: 1 XX-UE Toro GM4000 model #30410, s/n 270000637 ($9,000.00)($9,000.00) Equipment Total $65,621.38 Toro Protection Plus $0.00 Trade Ins ($9,000.00) Estimated Sales/Use Tax $0.00 Total $56,621.38 Quote is valid for 30 days New Toro commercial equipment comes with a two-year manufacturer warranty Equipment delivery at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman, SCPS Karen Wangensteen Outside Sales Representative Inside Sales Representative 612-877-0830 763-592-5643 MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429 NATIONAL IPA PRICING* - CONTRACT #120535 TOTALS*City of Crystal is a current member of the National IPA Member #1137670 6.10 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A REPLACEMENT WIDE AREA MOWER WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the wide area mowers are used for turf maintenance in all City parks; and WHEREAS, the existing is showing signs of its age and is becoming unreliable due to maintenance needs; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of a replacement wide area mower from Minnesota Toro for $56,621.38. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.10 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Brad Fortin, Parks and Facilities Superintendent SUBJECT: Purchase of John Deere 5115 Tractor and Accessories Background The 2018 PIR includes the replacement purchase of one new tractor and attachments. The proposed tractor will be replacing two existing tractors, #121 and #122, in the public works fleet. The PIR has $85,000.00 allocated for this purchase. The new Tractor will be purchased off of the state contract #119214 from Minnesota Equipment for $81,312.07 and Diamond Mowers for $24,048 for a total cost of $105,360.07. This includes: -Tractor unit $69,625.07 -Hitch assembly, side flail mower and mounting $24,048 -Front broom $11,687 The existing tractors are 18 and 19 years old and have been used heavily year round for ice rink maintenance, turf maintenance (aeration, seeding, fertilizing, flail mowing) and various parks operations. Outdoor skating rinks in the late 1990s were at an all-time high in our parks system. Based on the current rink numbers and demand, as well as what has been proposed in the Parks Master Plan, only one tractor unit is needed for our system. As previously noted, new unit will include an 8 foot wide hydraulic front mounted broom, side mounted flail mower and all weather cab. This past fall one tractor, Unit # 121, was auctioned on the State Auction website and sold for $19,575.00. If the purchase is approved, the second tractor (Unit # 122) will be actioned off in the spring of 2018 once the new tractor has arrived. When taking only the sale of one of the existing tractors ($19,575) and the purchase cost into consideration ($105,360.07), the net cost is $85,785.07 which does not include the sale of the second tractor. Overall, this purchase will be under budget. The John Deere tractor was selected to maximize versatility and to utilize existing implements for year round usage. Fleet reduction of two larger tractors to one is a reflection of both changing recreational needs of our community and increased equipment versatility. Recommended Action Motion to approve the resolution authorizing the purchase of the new tractor and attachments. 6.11 Date: 02 October 2017 Offer Expires: 31 January 2018 Confidential Quote Id: 16159633 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 Prepared For: City Of Crystal Proposal For: Delivering Dealer: John Braunshausen Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 Quote Prepared By: JOHN BRAUNSHAUSEN johnbraunshausen@mnequip.com 6.11 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 Confidential Salesperson : X ______________Accepted By : X ______________ Quote Summary Prepared For: City Of Crystal 4800 Douglas Dr NMinneapolis, MN 55429 Delivering Dealer: Minnesota Equipment, Inc.John Braunshausen13725 Main StreetRogers, MN 55374 Phone: 763-428-4107johnbraunshausen@mnequip.com Quote ID:16159633 02 October 2017 02 October 2017 Created On: Last Modified On: Expiration Date:31 January 2018 Equipment Summary Selling Price Qty Extended JOHN DEERE 5115M Utility Tractor $ 69,625.07 X 1 = $ 69,625.07 Contract: MN Ag Tractors, CUTS, Wide Front Row Crop & OEM Attachments 119214 (PG 12) Price Effective Date: October 2, 2017 Equipment Total $ 69,625.07 Trade In Summary Qty Each Extended 1999 JOHN DEERE 5410 MFWD Cab Tractor - LV5410S242017 1 $ 8,000.00 $ 8,000.00 PayOff $ 0.00 Total Trade Allowance $ 8,000.00 1998 JOHN DEERE 5410 2 Wheel Drive Cab Tractor - LV5410S143059 1 $ 6,500.00 $ 6,500.00 PayOff $ 0.00 Total Trade Allowance $ 6,500.00 Trade In Total $ 14,500.00 * Includes Fees and Non-contract items Quote Summary Equipment Total $ 69,625.07 Trade In $ (14,500.00) 6.11 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 Confidential Salesperson : X ______________Accepted By : X ______________ SubTotal $ 55,125.07 Est. Service Agreement Tax $ 0.00 Total $ 55,125.07 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 55,125.07 6.11 Quote Id: 16159633 Customer Name:CITY OF CRYSTAL Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 JOHN DEERE 5115M Utility Tractor Hours: Stock Number: Contract:MN Ag Tractors, CUTS, Wide Front Row Crop & OEM Attachments 119214 (PG 12) Price Effective Date:October 2, 2017 Selling Price * $ 69,625.07 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Amount Contract Price Extended Contract Price 254CLV 5115M Utility Tractor 1 $ 67,661.00 22.00 $ 14,885.42 $ 52,775.58 $ 52,775.58 Standard Options - Per Unit 0202 United States 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0409 ENGLISH 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1390 32F/16R PowrReverser Hi- Lo (40k) 1 $ 1,696.00 22.00 $ 373.12 $ 1,322.88 $ 1,322.88 2060 Premium Cab 1 $ 13,442.00 22.00 $ 2,957.24 $ 10,484.76 $ 10,484.76 2121 Premium Air Suspension Seat 1 $ 1,353.00 22.00 $ 297.66 $ 1,055.34 $ 1,055.34 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2511 Mirror Telescopic LH & RH 1 $ 305.00 22.00 $ 67.10 $ 237.90 $ 237.90 3025 Corner Post Deluxe Exhaust 1 $ 603.00 22.00 $ 132.66 $ 470.34 $ 470.34 3326 3 Mechanical Stackable Rear SCV 1 $ 886.00 22.00 $ 194.92 $ 691.08 $ 691.08 3430 3 Stackable Mid SCVs with Mechanical Joystick Control 1 $ 774.00 22.00 $ 170.28 $ 603.72 $ 603.72 3820 Two Speed PTO - 540/540E 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4030 Electronic Hitch Control with Remote Control on LH Fender 1 $ 475.00 22.00 $ 104.50 $ 370.50 $ 370.50 4110 Telescoping Draft Links with Ball End - Cat.2 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4160 LH Only Adjustment Lift Link 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4210 Mechanical Center Link with Ball Ends - Cat. 2 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4420 LH & RH Stabilizer Bar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5133 460/85R30 (18.4R30) R1W Radial 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6.11 Quote Id: 16159633 Customer Name:CITY OF CRYSTAL Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 5999 No Rear Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6040 MFWD Front Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6203 320/85R24 (12.4R24) R1W Radial 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6799 No Front Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 8010 Front Fenders - Rigid (Axle Mounted) 1 $ 553.00 22.00 $ 121.66 $ 431.34 $ 431.34 8020 Rear Fender Extensions (Cab) 1 $ 241.00 22.00 $ 53.02 $ 187.98 $ 187.98 8725 Beacon Lighting RH mounted - LH side traffic (UK...) 1 $ 208.00 22.00 $ 45.76 $ 162.24 $ 162.24 Standard Options Total $ 20,536.00 $ 4,517.92 $ 16,018.08 $ 16,018.08 Dealer Attachments/Non-Contract/Open Market LVB24989 Auxiliary Front Drive Coupler Kit 1 $ 1,003.20 22.00 $ 220.70 $ 782.50 $ 782.50 LVB25787 Radiator Clean Out Screen 1 $ 62.70 22.00 $ 13.79 $ 48.91 $ 48.91 Dealer Attachments Total $ 1,065.90 $ 234.50 $ 831.41 $ 831.41 Value Added Services Total $ 0.00 $ 0.00 $ 0.00 Suggested Price $ 69,625.07 Total Selling Price $ 89,262.90 $ 19,637.84 $ 69,625.06 $ 69,625.07 6.11 Date: 02 October 2017 Offer Expires: 31 January 2018 Confidential 16159885Quote Id: Prepared For: City Of Crystal Prepared By:John Braunshausen Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 Tel: 763-428-4107 Fax: 763-428-2700 Email: johnbraunshausen@mnequip.com 6.11 Salesperson : X ______________Accepted By : X ______________ Confidential Quote Summary Prepared For: City Of Crystal4141 Douglas Dr NMinneapolis, MN 55422Business: 763-531-1158 Prepared By: John BraunshausenMinnesota Equipment, Inc.13725 Main StreetRogers, MN 55374Phone: 763-428-4107johnbraunshausen@mnequip.com Quote Id:16159885 02 October 2017 02 October 2017 Created On: Last Modified On: Expiration Date:31 January 2018 Equipment Summary Selling Price Qty Extended SWEEPSTER 8 FT Dual Motor Front Mount Hydraulic Angle Broom, All Poly, and Hydraulics to Run Off Of Diamond Mower Hydraulic System with Quik Couplers $ 11,687.00 X 1 = $ 11,687.00 Equipment Total $ 11,687.00 Quote Summary Equipment Total $ 11,687.00 DOT $ 0.00 Delivery $ 0.00 License $ 0.00 SubTotal $ 11,687.00 Est. Service Agreement Tax $ 0.00 Total $ 11,687.00 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 11,687.00 6.11 Selling Equipment Quote Id: 16159885 Customer:CITY OF CRYSTAL Confidential SWEEPSTER 8 FT Dual Motor Front Mount Hydraulic Angle Broom, All Poly, and Hydraulics to Run Off Of Diamond Mower Hydraulic System with Quik Couplers Hours:0 Stock Number: Selling Price $ 11,687.00 Code Description Qty Unit Extended 1 1 $ 11,687.00 $ 11,687.00 Suggested Price $ 11,687.00 Customer Discounts Customer Discounts Total $ 0.00 $ 0.00 Total Selling Price $ 11,687.00 6.11     DIAMOND MOWERS, INC. 350 E. 60 Street N | Sioux Falls, SD 57104th (605) 977-3300 ph | (605) 655-5870 fx www.diamondmowers.com Quote is good 60 days from quote date. 00010544Quote Number OP009687OP pschreurs@diamondmowers.comEmail (605) 929-3083Phone Paul SchreursPrepared By MN Equipment will mount a broom to our front 3 point hitch The city will also have a company supply a side wing to go in place of our side flail for hockey rinks in the winter. Special Instructions MN StateContract Name 8-10 WeeksLead Time  $24,048.00Grand Total $723.00Freight $23,325.00Total Cost  (763) 531-1158Phone Brad FortinContact Name 5001 West Broadway CRYSTAL, MN 55422 United States Ship To City of Crystal (MN)Ship To Name 4141 DOUGLAS DRIVE NORTH CRYSTAL, MN 55422 United States Bill To CITY OF CRYSTAL (MN)Bill To Name   9/29/2017   Quote Quantity Product Code Product List Price Cost Ext Cost 1.00 DSF075-C 75" Side Mount Flail Mower - includes electric dual travel lock, pump & grill guard. and hydraulic cooling package $22,718.00 $16,619.00 $16,619.00 1.00 TPH Front 3-Point Hitch Assembly $5,080.00 $3,870.00 $3,870.00 1.00 165 Factory Authorized Mounting - Side Flail Mower $4,363.00 $2,836.00 $2,836.00 6.11 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A REPLACEMENT TRACTOR AND ATTACHMENTS WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the tractors are used year round for various parks-related maintenance; and WHEREAS, the existing two tractors can be reduced to one more reliable tractor; and WHEREAS, adequate funds are allocated in the PIR Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of a replacement tractor and attachments for Minnesota Equipment for $81,312.07 and Diamond Mowers for $24,048 for a total cost of $105,360.07. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.11 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Randy Kloepper, Utilities Superintendent SUBJECT: Sanitary sewer manhole lid replacement purchase Background The 2018 Utilities Capital Improvement Plan (CIP) includes $120,000 for the replacement of sanitary sewer manhole lids. This effort is a follow up to the 2015 mass purchase of sanitary sewer manhole lids to try and reduce I&I through the existing old style lids that have holes (by design) in them. The proposed project will purchase 350 new manhole covers (see mock up of the cover to the right) which, based on the records we have of the previous replacements, will complete the project and all sanitary sewer lids in the City will be the new style without holes in them. Back in 2015, when the order was placed, the City paid to have the custom logo developed. This was a one time fee and there would be no additional cost for future custom logo orders if the quanitity was large enough. If the City were to change the logo, then the fee would have to be paid again and we would have two different logo style manhole covers in the City, plus some without logos. City staff will provide the labor to replace the old manhole lids and the old lids will be recycled. The City obtained two quotes for the sanitary sewer manhole covers. The quotes were: ESS Brothers $47,950 (including shipping) Neenah Foundry $49,000 (not including shipping, estimated $1,515) Recommended Action Motion to approve the Resolution approving the purchase of the sanitary sewer manhole covers from ESS Brothers. 6.12 Quotation ALL BIDDERS Ess Brothers and Sons, Inc. 9350 County Road 19 Loretto, MN 55357 763-478-2027 or Outstate 800-478-2027 Fax 763-478-8868 CITY:CRYSTAL PROJECT NAME/NUMBER:LOGO LIDS DATE OF BID OPENING: ENGINEER/PHONE #: UNIT UNIT UNIT PRICE + QUANTITY DESCRIPTION WEIGHT SURCHARGE SURCHARGE TOTAL 350 1733-T86 PLATEN CRYSTAL LOGO C/P LID ONLY $137.00 $47,950.00 FREIGHT $0.00 TOTAL WEIGHT OF SHIPMENT 0 PREPARED BY:ANDY JORGES Surcharge rate per Lbs:Subtotal Tax rate: 0 Tax Quantities are approximate, changes could alter price. Total Freight is estimated on one single shipment. Quotes Valid for 60 days ***SPECIAL ORDER ITEMS ARE NON-RETURNABLE Accepted By:____________________________________ Ess Brothers and Sons, Inc. Contractor is responsible for correct sales tax Job Number: ____________________________________ Date:___________________________________________ $47,950.00 $0.00 $47,950.00 6.12 QUOTATION Q664867 CITY OF CRYSTAL 4141 DOUGLAS DR CRYSTAL MN 55427 701 INDUSTRIAL CIRCLE SO. SHAKOPEE, MN 55379 PHONE: 952-445-5335 FAX: 952-445-6417 DATE: REFERENCE: REQUEST FOR QUOTE CITY OF CRYSTAL LOGO LIDS SHIPPING TO 55427 Attn:RANDY KLOEPPER November 28, 2017 We are pleased to submit the following quotation in accordance with your request. Quantity PriceEach Wt.DescriptionCatalog No.Units 350 $140.00R-1733 Each#118EachSOLID PLATEN LD, type K, ´SANITARY SEWER´ W/CITY OF CRYSTAL LOGO, t-seal,ac, GI, no pos. lug, 2 lift/42303, cust logo $49,000.00R-1733Each350TOTAL OF TOTAL ESTIMATED WEIGHT:41,300lbs (Excluding Skids) ESTIMATED S & H: $49,000.00TOTAL QUOTATION VALUE (Excluding Freight) $1,515.00 Neenah Foundry Terms & Conditions apply and are available by fax or mail upon request. Castings furnished unpainted. Quantities are approximate, changes could alter unit prices. Estimated shipping & handling based on above quantities shipping in one complete shipment. Any order submitted pursuant to this quotation shall not result in a contract until it is accepted and acknowledged in writing by Neenah Foundry Company (SELLER). 1Pageof1 NEENAH FOUNDRY COMPANYPrices are valid on orders entered within 30 days from date of quotation, with shipment at earliest availability. All orders are subject to review of buyer's credit status. Standard terms for qualified customers are Net 30 Days. Prices do not include tax. If tax exempt, a valid tax exemption certificate is required at time of order or any applicable tax will be charged. BY Mike Lenarz FOB NEENAH WI Construction Sales 6.12 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF SANITARY SEWER MANHOLE COVERS WHEREAS, the City is committed to providing a reliable sanitary sewer system; and WHEREAS, reducing the amount of inflow of rainwater into the sanitary sewer system is critical for maintaining system reliability; and WHEREAS, the replacement of the older style sanitary sewer manhole covers with new, solid covers will reduce the amount of inflow into the sanitary sewer system; and WHEREAS, adequate funds are available in the Sanitary Sewer CIP Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of sanitary sewer manhole covers from ESS Brothers for $47,950. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.12 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Randy Kloepper, Utilities Superintendent SUBJECT: Purchase of permanent backup generator at the Welcome Ave lift station Background The 2018 CIP includes the purchase and installation of a permanent backup generator at the Welcome Avenue sanitary sewer lift station and allocated $50,000 for this work. The Welcome Avenue lift station pumps approximately 21 million gallons per year. Providing a permanent mount backup will provide an added layer of redundancy in lift station operation. Currently, if the power goes out staff must be called in to bring a generator to the pump station. Staff must then monitor the pump and bring additional fuel as needed depending on how long the generator must run. The proposed backup generator will be a natural gas generator that is connected to Centerpoint’s distribution system. It will automatically turn on when the normal power supply is disrupted and does not need to be monitored continuously by on-site personnel. Cost Two quotes were obtained for the proposed purchase and installation •Mayer Electric $36,800 (includes Centerpoint cost to connect gas main to generator) •Taylor Electric $31,461 (does not include Centerpoint cost, which City staff was given a quote of $7,000 for) for a total cost of $38,461. Recommended Action Motion to approve the resolution authorizing the purchase and installation of the backup generator at the Welcome Avenue sanitary sewer lift station. 6.13 6.13 6.13 6.13 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A BACKUP GENERATOR AT THE WELCOME AVE LIFT STATION WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, a permanent mount backup generator provides redundancy power for the facility; and WHEREAS, without backup power, when the power goes out staff have to be called in to bring a temporary generator to the facility and then staff it until the power is restored, and WHEREAS, the permanent mount backup generator is intended to provide seamless transition between normal power operations and backup power operations with minimal staff attention; and WHEREAS, adequate funds are allocated in the CIP Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase and installation of a backup generator at the Welcome Avenue sanitary sewer lift station by Mayer Electric for $36,800. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.13 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works Randy Kloepper, Utilities Superintendent SUBJECT: Spare Lift Station Pump at South Lift Station Summary In 2017 the City had to replace the main pump at the south lift station due to the previous one breaking down and not being able to get the parts to repair it. The south lift station pumps approximately 268 million gallons of wastewater per year. With the main pump being replaced and the needed connections being modified, the spare main pump the City had no longer can be used as a spare because it does not fit. The spare pump is used anytime the main pump is removed for routine maintenance service or repair or the main pump has a failure. The 2018 Utility CIP allocated $20,000 for the purchase of a spare main pump for the south lift station. The spare pump needs to be the same make and model as the main pump so that they are interchangeable. A quote was obtained from the same vendor (Electric Pump Inc.) that was the low quote for the main pump replacement in 2017. Electric Pump Inc’s quote for the spare main pump was $16,480. Recommended Action Motion to approve the purchase of the south sanitary sewer lift station pump. 6.14 6.14 RESOLUTION NO. 2018 - ______ APPROVING PURCHASE OF SANITARY SEWER LIFT STATION PUMP WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the South Lift Station pump was replaced in 2017 but a spare was not purchased at the time because the replacement was an unanticipated expense; and WHEREAS, in order to provide for station reliability and scheduled maintenance it is important to have a backup main pump available; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council authorizes the purchase of the spare sanitary sewer pump from Electric Pump Inc. for $16,480. Adopted by the Crystal City Council this 2nd day of January, 2018. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.14 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: 36th Ave and Welcome Ave pedestrian crossing professional services Background In 2017 the City received a concern from a resident about the safety of the marked crosswalk across 36th Avenue at Welcome Avenue. This crosswalk has been on the radar of the City for potential further evaluation/modification needs. Prior to the concern being received, the Crystal Police Department has done some focused enforcement of crosswalk compliance at this location and violators were cited. While 36th Avenue in this area is the busiest City-owned street in the City, the volume of traffic not the primary concern. The main concern is that 36th Ave has two westbound and three eastbound lanes that the pedestrians must cross. As a pedestrian crosses the street vehicles in all lanes must stop, but while drivers in the 1st lane may stop, sometime drivers in the 2nd lane do not see the pedestrian and do not stop. This situation is known as “double jeopardy” because there are two locations per direction that could put a pedestrian in jeopardy. The reality is that the number of lanes on 36th Avenue most likely cannot be reduced due to the traffic volume and proximity to Highway 100, so the City needs to look at potential crosswalk enhancements that can help improve driver awareness to the presence of pedestrians. The City obtained a professional services proposal from TranSmart to evaluate the existing crosswalk and develop recommendations. The proposal includes design assistance which will be if needed, depending on the scope of any recommended changes. It is currently anticipated that this project will go to construction in 2018. Cost The proposal cost is $13,570.13 which includes the if-needed design assistance. The cost will be paid for from the Street Maintenance fund which is also were the construction costs will come from. Attachment TranSmart Proposal Recommended Action Motion to approve the resolution authorizing the contract with TranSmart for the 36th Avenue and Welcome Avenue intersection evaluation 6.15         1 | Page    Partnering in Solutions That Work for You                    15 Ellis Potter Court ● Madison, WI 53711  411 S. Wells Street, Suite 1000 ● Chicago, IL 60607  1431 Opus Place, Suite 110 ● Downers Grove, IL 60515  100 S. 5th Street, Suite 1900 ● Minneapolis, MN 55402  (MAD) 608.273.4740 (CHI) 312.922.1700 (DG) 630.796.3990 (MN) 612.605.6229  December 11, 2017      Mr. Mark Ray, P.E.  Director of Public Works  City of Crystal  4141 Douglas Drive N  Crystal, MN  55422    Subject: 36th Avenue N & Welcome Avenue Intersection Evaluation  Hennepin County  Project I.D.     Dear Mr. Ray:  TranSmart is pleased to submit our price proposal for the intersection study at the intersection of 36th Avenue N  and Welcome Avenue in the City of Crystal, Hennepin County, Minnesota.    As requested, our scope of work follows the outline you provided to us. Our scope includes the following:  TranSmart is pleased to submit our price proposal for the intersection study at the intersection of 36th Avenue N  and Welcome Avenue in the City of Crystal, Hennepin County, Minnesota.  As requested, our scope of work  covers the analysis, final report and also includes provisions for design assistance, if needed.  Task 1 – Existing Condition Data Collection:   TranSmart  o Site visit and physical data collection  o Review intersection crash data (2011 – present)  o Meeting with City of Crystal  o Meeting with RiverTree School staff   o Meeting with Crystal Care Nursing and Rehab Center   City of Crystal, MN  o Provide crash reports/data (2011 – present)  o Provide pedestrian crossing volumes during the peak hours of use  o Provide vehicular volume on 36th Avenue N  o Provide MnDOT blanket approval for use of RRFBs  Task 2 – Existing Condition Data Analysis   TranSmart  o Provide an analysis of existing conditions. Work to include, but not limited to:   Documentation of existing crossing condition (length and width of crosswalk, number of  lanes crossed, existing signing, posted speed limits, etc.)   Documentation of bus stop locations and operations  6.15 6.15 6.15 6.15 6.15 6.15 6.15 RESOLUTION NO. 2018- _____ APPROVING THE PROFESSIONAL SERVICES AGREEMENT FOR THE CROSSWALK AT 36TH AVENUE AND WELCOME AVENUE WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, 36th Avenue in the area of Welcome Avenue is the busiest City street; and WHEREAS, the existing crosswalk is marked and has warning signage; and WHEREAS, the nature of the road cannot be physically changed; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the contract with TranSmart for $13,570.13 for professional services related to evaluating the existing crosswalk and identifying recommendations for potential crosswalk improvements. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.15 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Sidewalk trip hazard removal Background As part of the 2018 street maintenance work plan the City is going to be completing a sidewalk grinding project to remove trip hazards. The process basically takes existing trip edges that do not meet Americans with Disabilities Act requirements and uses a saw blade to grind down the edge. The two photos show a before and after shot from the grinding process. This method of removing potential trip hazards is significantly less expensive and faster than replacing an entire sidewalk panel. In 2017 the City had this same type work completed and the contractor was easy to work with and did quality work. The City solicited a quote from the same company for work again in 2018. Similar to last year, staff will be identifying priority areas, anticipating to start where last year’s project left off in the downtown area, and then moving into areas around schools. It is currently planned that this project will be an annual activity. In order to get better pricing, the contractor has until the end of September 2018 to complete all the work. The City has allocated $20,000 to this project and prioritized the areas to be addressed. While the units of payment, inch-foot, are somewhat confusing, basically the contractor is paid based on the size of the trip edge that is removed and the project is capped at the budget. The inch-foot rate increased by around 6% over last year. Attachment •SafeStep LLC Proposal Recommended Action Motion to approve the resolution authorizing the contract with SafeStep LLC for the sidewalk trip hazard removal project. Figure 1. Before Figure 2. After 6.16 Monday, December 17, 2017 Mark Ray City of Crystal 4141 Douglas Drive North Crystal, MN. 55422 Mr. Mark Ray Safe Step, LLC proposes a trip hazard removal program with the City of Crystal based on the following: The City of Crystal will provide: 1.  The specific criteria to be used in determining each trip hazard to be repaired. 2.  Street address locations and and/or area included in the project scope. 3.  Prioritization of street locations and area included in the project scope. Safe Step LLC will provide: 1. ADA compliant saw-cut removal of identified or criteria matched trip hazards in areas directed by the City of Crystal. 2. A detailed report listing the street address or location, GPS coordinates and dimensions of each repair, and total amount of inch- feet. The inch-feet measurement shall be determined by finding the average of the displacement of the trip hazard in inches multiplied by the length of the cut in feet. An inch-feet measurement will be provided for each trip hazard. 3. Each hazard to be repaired with a 12:1 cut slope ratio. 4. An orderly procession through the work area based on the prioritization of the City of Crystal and will cease work when the budget limit is reached. 5. A certificate of Insurance will be provided prior to project start date. 6. The completion of all work prior to September 28, 2018. Project Financial Parameters: 1. The total budget of the project will not exceed $20,000. 2. The City of Crystal will pay at a rate of $33.86 per inch-foot cut. Safe Step LLC will accept full responsibility for any project cost overage, provided that the scope of the project is not altered once the project begins. However, any City of Crystal requested change in scope that might place the project in jeopardy, will be fully discussed with and approved by the City of Crystal prior to the start of the work on the revised project area. If this proposal is acceptable, please send a signed and dated copy to my email at megan@notrippin.com. Proposal #:180101 _________________________________________________ ___/___/___ Authorizing Acceptance of Proposal Megan Goodermont Minnesota Regional Manager PO Box 411 Hortonville, WI 54944 612-910-0360 megan@notrippin.com 6.16 RESOLUTION NO. 2018- _____ APPROVING THE CONTRACT WITH SAFE STEP LLC TO REMOVE SIDEWALK TRIP EDGES WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City’s sidewalk system is important for providing pedestrians a safe route along major roads in the City; and WHEREAS, the sidewalk system should be accessible for all users; and WHEREAS, the existing sidewalks have some trip hazards; and WHEREAS, the City has prioritized areas to address trip hazards; and WHEREAS, the City has allocated funds for sidewalk maintenance; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the contract with SafeStep LLC for $20,000 to remove sidewalk trip edges. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.16 Memorandum DATE: January 2, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works/City Engineer SUBJECT: Flashing yellow arrow implementation Background In the fall of 2017 the City and County partnered to install flashing yellow left turn arrows at four intersections in the downtown Crystal area. The reception to the operation of these systems has been positive. In the summer of 2018 the Cities of New Hope and Crystal will be jointly completing a mill and overlay of 36th Avenue between Louisiana Avenue and Winnetka Avenue, with New Hope’s project continuing further to the west on 36th. In preparation for this work, the Cities reached out to Hennepin County to see if the County would be able to install flashing yellow arrows and video detection at the intersection of Winnetka Avenue and 36th Avenue in advance of the Cities’ project. The County was in support of this effort and Hennepin County staff has already pulled some the needed wire in the signal systems so that it may be feasible to install some of the system in the winter. The flashing yellow arrows will not only help improve traffic flow during normal operations, but also especially during construction. By installing the video detection, the current vehicle detection loops in the pavement will not have to be re-installed after they are disturbed by the street work. Basically, this is a shift in project cost from older detection loop technology to the more current video detection. This approach also means that during construction the signal will be able to detect traffic and not just operate on the less-effective pre-timed, fixed operation. Cost The cost for this equipment for the intersection of Winnetka Avenue and 36th Avenue will be $38,272 with each City’s share being $19,136 (50%). The funds will come from the Street Maintenance Fund, which is also covering the City’s portion of the 36th Avenue mill and overlay project. No properties are being assessed for this signal or street maintenance work. Attachment •Purchase authorization from Traffic Control Cooperation Requested Action Motion to approve the resolution authorizing the purchase of the flashing yellow arrow and vehicle detection equipment. 6.17 1 of 2Page Number 618682 5651 MEMORIAL AVENUE OAK PARK HEIGHTS, MN 55082 P: 651-439-1737 F: 651-439-0311 bsachs@trafficcontrolcorp.com BARNEY SACHSEntered by: Email: ALLEN EISINGER aeisinger@trafficcontrolcorp.com 3/18/201812/18/2017Quote Date CRYSTAL, CITY OF 4141 DOUGLAS DRIVE N CRYSTAL MN 55422USA 11107 Terms NET 30 BASED ON APPROVED CREDIT FOB Salesperson To DESTINATION-FRT INCLUDED Expires Attn Email Phone X Name EmailFax Location Book/Call/Item Contract No Description Letting Date CSAH 156 @ 36TH AVE NO FYA REVISION APM Sent for Signature Description Part Number Qty/UMUnit Price Net Price FOUR SECTION SIGNAL HEAD 668.00 EA4.00 12" POLY HEAD (YELLOW), WITH TUNNEL VISORS, ABS VAC FORMED BACKPLATE & F.Y.A. LED SETUP *SETUP FOR PLUMBIZER MOUNT* 2,672.00 FOUR SECTION SIGNAL HEAD 598.00 EA4.00 12" POLY HEAD (YELLOW), WITH TUNNEL VISORS, ABS VAC FORMED BACKPLATE & F.Y.A. LED SETUP *SETUP FOR BRACKET MOUNT* 2,392.00 TYPE 10B BRACKET (YELLOW)237.00 EA8.00 1 SIGNAL & 1 PED, TYPE 10B (YELLOW) 1,896.00 F04286 248.00 EA4.00 45 DEGREE ONE-WAY VEHICLE PLUMBIZER (ANGLE MOUNT): FREY, 45V 992.00 F73551 3,450.00 EA1.00 CONTROLLER, COBALT, TS2 TYPE 1, G SERIES: ECONOLITE, COB11120110000 3,450.00 F67938 5,475.00 EA4.00 AUTOSCOPE VISION VIDEO CAMERA: ECONOLITE, AVISION 21,900.00 F90298 3,500.00 EA1.00 AUTOSCOPE VISION COMM MANAGER: ECONOLITE, AVCM 3,500.00 EXTENDED MOUNT 74"180.00 EA4.00 MAST MOUNT 720.00 TELEMETRY 750.00 EA1.00 CARD, PANEL & HARNESS (FSK 9/25) - FOR USE WITH COBALT CONTROLLERS ONLY 750.00 6.17 2 of 2Page Number 618682 5651 MEMORIAL AVENUE OAK PARK HEIGHTS, MN 55082 P: 651-439-1737 F: 651-439-0311 bsachs@trafficcontrolcorp.com BARNEY SACHSEntered by: Email: Description Part Number Qty/UMUnit Price Net Price Item Total 38,272.00 As an authorized purchaser for the above named company, the undersigned agrees to the above quantities, prices, and all terms listed above. Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order . PO Number Printed NameSignature Auth Date Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com. Taxable Exempt 6.17 RESOLUTION NO. 2018- _____ AUTHORIZING PURCHASE OF FLASHING YELLOW ARROW AND VIDEO DETECTION EQUIPMENT WHEREAS, the City is committed to building a safe and efficient transportation system; and WHEREAS, the City has partnered with Hennepin County to install flashing yellow arrows at a number of signals in the City; and WHEREAS, the City is responsible for the purchase of the needed equipment; and WHEREAS, the City of New Hope as agreed to pay for half of the equipment cost; and WHEREAS, the equipment is being purchased off of the County’s cooperative purchasing program. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the purchase of the flashing yellow arrow and video detection equipment from Traffic Control Cooperation for $38,272. The City of New Hope will be reimbursing the City of Crystal $19,136 (50%) of the purchase cost. Adopted by the Crystal City Council this 2nd day of January 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.17 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: December 20, 2017 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Becker Park Phase 1 The City of Crystal recently completed a Park System Master Plan. One of the first items identified for change is making improvements at Becker Park in 2019. The Phase 1 portion of the project includes the removal of two softball fields, the performing arts center, and existing play area. New improvements consist of an inclusive play area, performance area, fountains and other improvements to make the park a community gathering space. A key piece of this project is coordinating with the stormwater project currently being planned in the park, as well as other nearby projects. The estimated cost of this 2019 park project is $2,000,000. The first step in making these improvements is preparing design and construction documents. Staff recommends approval of the attached professional services agreement with WSB and Associates, in the amount of $190,689 for Phase 1 design of Becker Park. This is the same firm that recently completed the Park System Master Plan. The design work includes preparation of construction documents for project bidding and construction oversight. 6.18 January 2, 2018 6.18 6.18 Proposed Project Details •Inclusive Play Area •Fountains / Water Feature •Small Building (restrooms, irrigation, electrical) •Concrete / Bituminous (stage, plazas,trails, etc.) •Estimated Phase 1 Total Cost: $2,000,000 6.18 Park Development EDA $ 1,000,000 Parks Capital $ 500,000 Park Improvement Fund (Reserves)$ 250,000 Park Reserves and/or Grants $ 250,000 Stormwater Project Stormwater Utility Fund $ 700,000 Secured Stormwater Grants $ 1,325,000 Applied for Hennepin County CIP $ 475,000 Total project expenditures $ 4,500,000 6.18 • Proposals were received from two firms •WSB and Associates submitted the best proposal • Request for the City Council: •To approve an agreement with WSB and Associates, in the amount of $190,689 for Phase 1 design of Becker Park. •The design work includes preparation of construction documents for project bidding and construction oversight. 6.18 6.18 CITY OF CRYSTAL RESOLUTION 2018 - RESOLUTION IN SUPPORT OF ENTERING INTO A CONTRACT WITH WSB & ASSOCIATES FOR PHASE 1 DESIGN OF BECKER PARK WHEREAS, the City of Crystal has recently completed a park system master plan, and WHEREAS, the master plan identifies several improvements at Becker Park, and WHEREAS, the budget process has identified an inclusive play area, performance area, fountains and other improvements to make the park a community gathering place, and WHEREAS, construction of an underground stormwater project in the park in 2019 also makes this project timely for coordination, and WHEREAS, a proposal was requested and received from WSB & Associates to complete Phase 1 design of Becker Park; THEREFORE, BE IT RESOLVED: A. That the Crystal City Council wishes to enter into a contract with WSB & Associates in the amount of $190,689 to complete Phase 1 design of Becker Park according to the attached proposal. B. That the Crystal City Council hereby authorizes the City Manager to sign the agreement with WSB & Associates to complete this design work. Adopted by the Crystal City Council this 2nd day of January, 2018. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.18 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com December 18, 2017 Mr. Mark Ray, PE Director of Public Works City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Re: Fee Proposal to Provide Professional Services for Becker Park Reconstruction Dear Mr. Ray: Thank you again for the opportunity to provide you with our proposal with qualifications and approach. We hope to have the opportunity to continue working with Crystal staff in more detail on this great project. Per your request, we have included under separate submittal WSB’s fee for the professional planning services related to the Becker Park Reconstruction Project based on the information provided in your proposal and phone conversation. Following our telephone conversation, WSB has developed a scope of services to include all aspects of the project which can be further refined if deemed appropriate by City Staff, similar to the proposal prepared for Welcome Park. Scope and fee has been provided for services including additional topographic survey, additional geotechnical investigation, and a variation of construction inspections for utilities and pavement are just some of the fee and scope items that may require refinement following your review. This customized approach allows for adjustments and modifications with associated costs to ensure city funds are utilized as efficiently as possible. As previously noted, we are all very eager to continue working with the City of Crystal on this exciting project! If you have any questions, please do not hesitate to contact me at (763) 231-4844. Sincerely, WSB & Associates, Inc. Robert A. Slipka III, RLA Senior Landscape Architect Attachments 6.18 A P R O P O S A L F O R B E C K E R P A R K W I T H T H E C I T Y O F C R Y S T A L PR O P O S E D F E E A D M I N A s s o c i a t e C O M P L N P r o j e c t M a n a g e r C O N S T I n s t p e c t o r / O b s e r v e r G E O E n g i n e e r L N D A R C P r o j e c t M a n a g e r L N D A R C A r c h i t e c t L N D A R C S u p p o r t S t a f f M U N I S e n i o r P r o j e c t M a n a g e r MUNI Senior Engineer SURV Manager WRE Project Manager Architect Electrical, Mechanical, Fountain, Acquistical Irrigation Total Cost Ji m G r o m b e r g Ma r k O s b o r n B o b S l i p k a C a r l o M i s s i o S t e v e F o s s J i m S t r e m e l E m i l y L u e t h P e t e H e l d e r B i l l A l m s $8 0 $ 1 3 4 $ 1 0 7 $ 1 2 7 $ 1 2 4 $ 1 4 4 $ 9 4 $ 1 4 5 $ 1 1 9 $ 1 3 9 $ 1 1 8 $1 $1 $1 Ad m i n Co m m . Pl a n n i n g Co n s t . Se r v i c e s Ge o t e c h . Se r v i c e s Surveys Water Resources Consult. Oertel Consult. EDI Consult. MLC 60 $7,440 62 2 x x $1,270 25 $3,475 23 $2,921 1 1 0 8 3 2 2 9 5 1 , 7 3 9 1 , 5 0 0 $10,724 44 2 1 x x $1,439 42 1 $903 42 x $784 42 $784 43 1 2 1 $2,175 32 1 4 x $1,966 42 1 x $903 48 3 8 1 0 0 1 0 1 2 , 1 5 0 1 , 5 0 0 $35,664 21 2 $603 42 1 2 5 x x $3,853 42 x $784 43 1 2 1 $2,175 33 2 7 7 0 1 6 1 6 , 7 7 3 6 , 5 0 0 1 , 0 0 0 $40,737 2 2 $484 84 2 1 1 5 x x x $3,313 21 0 1 3 x $2,972 42 $784 42 x $784 46 4 2 4 2 8 5 x $5,728 2 $248 2 8 2 2 2 2 2 , 8 1 9 4 0 0 2 0 0 $7,113 2 $248 22 $408 2 2,642 2,000 1,425 $6,315 24 6 x x x $1,338 30 3 0 2 x x x $6,778 24 0 1 2 1 2 x x x $7,056 12 0 1 2 0 6 x x x $26,874 24 1 x x x $743 22 4 1 $903 $1 , 6 0 0 . 0 0 $ 1 , 0 7 2 . 0 0 $ 4 , 2 8 0 . 0 0 $ 2 , 9 2 1 . 0 0 $ 4 9 , 9 7 2 . 0 0 $ 1 5 , 1 2 0 . 0 0 $ 4 3 , 2 4 0 . 0 0 $ 5 8 0 . 0 0 $ 9 , 6 3 9 . 0 0 $ 3 , 4 7 5 . 0 0 $ 8 , 1 4 2 . 0 0 $ 3 6 , 1 2 3 . 1 8 $ 8 , 9 0 0 . 0 0 $ 5 , 6 2 5 . 0 0 $ 1 9 0 , 6 8 9 . 1 8 $190,689Municipal La n d s c a p e A r c h Total PH A S E S Pr o j e c t M a n a g e m e n t Ow n e r M e e t i n g # 1 : P r o j e c t K i c k - o f f M e e t i n g Su r v e y S e r v i c e s Ge o t e c h n i c a l S e r v i c e s Pr e l i m i n a r y D e s i g n a n d C o s t s Pr e l i m i n a r y D e s i g n M e e t i n g o f P l a n s a n d C o s t s wi t h C i t y S t a f f Pa r k C o m m i s s i o n M e e t i n g # 1 Ne i g h b o r h o o d R e s i d e n t M e e t i n g Ne i g h b o r h o o d B u s i n e s s M e e t i n g Co n d u c t P u b l i c O p e n H o u s e # 1 We b - b a s e d S u r v e y Co u n c i l W o r k S e s s i o n M e e t i n g # 1 Pr e p a r e P r e l i m i n a r y P l a n s a n d O u t l i n e Sp e c i f i c a t i o n s Sh i n g l e C r e e k W a t e r s h e d M e e t i n g # 1 60 % R e v i e w M e e t i n g o f P l a n s a n d C o s t s w i t h Ci t y S t a f f Pa r k C o m m i s s i o n M e e t i n g # 2 Co n d u c t P u b l i c O p e n H o u s e # 2 Pr e p a r e C o n s t r u c t i o n D o c u m e n t s a n d Sp e c i f i c a t i o n s Sh i n g l e C r e e k W a t e r s h e d M e e t i n g # 2 90 % R e v i e w M e e t i n g o f P l a n s a n d C o s t s w i t h Ci t y S t a f f Pe r m i t s Pa r k C o m m i s s i o n M e e t i n g # 3 Co u n c i l W o r k S e s s i o n M e e t i n g # 2 10 0 % P l a n s a n d S p e c i f i c a t i o n s Co u n c i l a p p r o v a l o f P l a n s a n d S p e c i f i c a t i o n s Ad m i n i s t e r B i d d i n g P r o c e s s a n d I s s u e A d d e n d a Ad m i n i s t e r B i d O p e n i n g Pr e p a r e B i d T a b u l a t i o n a n d R e c o m m e n d a t i o n of B i d Pr e p a r e a n d R e v i e w C o n t r a c t s Pr e p a r e a n d F a c i l i t a t e P r e - C o n s t r u c t i o n Me e t i n g Ad m i n i s t e r S h o p D r a w i n g s Ad m i n i s t e r C h a n g e O r d e r s , R F I ' s , a n d P a y Ap p l i c a t i o n s Fa c i l i t a t e W e e k l y / B i - W e e k l y C o n s t r u c t i o n Me e t i n g s Co n d u c t S u b s t a n t i a l C o m p l e t i o n P u n c h l i s t Co n d u c t F i n a l W a l k T h r o u g h , P u n c h l i s t , a n d Cl o s e o u t To t a l P r o j e c t C o s t ( N o t t o E x c e e d ) TA S K S D e s i g n D e v e l o p m e n t P r e l i m i n a r y D e s i g n G e n e r a l TA S K " A " - D E S I G N A N D B I D D I N G TA S K " B " - C O N S T R U C T I O N A D M I N I S T R A T I O N To t a l S a l a r y C o s t s C o n s t r u c t i o n A d m i n i s t r a t i o n B i d d i n g C o n s t r u c t i o n D c o u m e n t s St a f f / R e s o u r c e N a m e Ho u r l y R a t e s 6.18 MUMMUMUMUMUMUMUMUMUMUMUUMUULTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLI-I-I-I-I-I-I--I-I-II-I-PUPUPUPUPUPUPUPUUPUPUPUPUPPUPURPRPRPRPRPRPRPRPRPRPRPRPRPRPRRRPOSOSOSOSOSOSOSOSOSOSOSOSOSOSOSOSOSOEE E E E E E EE E E E E EEEE LALALALALALALALALALALALALALAALAWNWNWNWNWNWNWNWNWNWNNWNWWNWWN • S• S• S• S• S• S• S• S• SS••ub-ub-uub-ub-ub-ub-ub-ub-ubub-ubub-b sursursursursursursururssusurrssurrfacfacfacfacfacfacfacfacfacacfacfafacace se se se se se se se se se se ssese stortortortortortortortortortortortotortortoom wm wm wm wm wm wm wm wm wm wm wm wm wm m wm wmateateateateateateateateateateatetateeateateater sr sr sr sr sr sr sr sr sr sr srsr sstortortortortortortortortortorortortortortoageageageageageageageageagageageagageageageag syssysysysysysysysysysysystestestestestestestesttstesst ELELELELELELELELELLELELELELEEELELEVEVEVEVEVEVEVEVEVEVEVEVEVEVEVEVVVVVVVVVVATATATATATATATATATATATATATATATATATTTTTTTTEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEDEEE PPPPPPPPPPPPPPPPROROROROROROROROROROROROROROROMEMEMEMEMEMEMEMEMEMEMEMEMEMMEMEMEMEMNANANANANANANANANANANNANNAANNDEDEDEDEDEDEDEDEDEDEDEDEDEDE • S• S• S• S• S• S• S•S•S•S• • •••• Seateateateateateateateateatateateatateeataingingingingngingingingingingnginnggngg • E• E•E• E• E• E• E•E• E• •EE levlevlevlevlevlevlevlevleleevlevevevevateateateateateateateateateateatetatetated td td td td td td td td ttd tdtddtdtrairairairairairairairairairarairairairaiirairaialllllllllllll FOUFOUOUFOUFOUFOUOUFOUFOUOUOUOUOUOOUONTANTANTANTANTANTANTANTANTANTANTANTAANTANTAAATATAAAATTINININININININININININNINNINNN WITWITWITWITWITWITWITWITWITWITWITWITWITWTWITWWTWWITH SH SH SH SH SH SH SH SHH SHSH SHSHSSEATEATEATEATEATEATEAEATEATEAATEATEATEATEATAEAEA WAWAWAWAWAWAWAWAWAWAWAWAWWWWAWWWAWALLSLLSLLSLLSLLSLLSLLSLLSLLSLLSLLSLLSLSLLLL FUTFUTFUTFUTFUTFUTFUTUTFUTFUTFUTUUFUTUUFUTFUTFUTUUUUUFUTUFUUUUUUUUUREUREUREUREUREUREUREUREUREUREUREUREUREUREREURR PIPIPIPIPIPIPPIPIPIPPIPPIPPICNICNICNICNICNICCNICNCNICNICNICNICNICNICNCNICNINIC SC SC SC SC SC SC SC SC SC SC SCSC SC SC SCCHELHELHELHELHELHELHELHELHELHELHEHELHELLHELHELHELTERTERTERTERTERTERTERTERTERTERTERTERRTERRTERRERRTERRRR WIWIWWIWIWIWIWIWIWIWIWWWIWWITHTH TH THTH TH TH TH THHTHTH THTHTH SEASEASEASEASEASEASEASEASEASEASEASEASEASEEAAETINTINTINTINTINTINTINTINTINTINNTINTINTTTNGGGGGGGGGGGG SEASEASEASEASEASEASEASEAASEASEASEASEASEAEASEAEAAEAT BTBT BT BT BT BT BT BTBT BTBT BBTT BTBT BLOCLOCLOCLOCLOLOLOCLOCOLOCLOCLOCLOCLOCLOOCLOCOCLOLKSKSKSKSKSKSKSKSKSKSKSKKSKSKSKSKSS PERPERPERPERPERPERPERPERPEPERPERPERPFORFORFORFORFORFORFORFORFORFOFORFORRFOROMANMANMANMANMANMANMANMANMANMANMANMANANMANMANCECECECECECECECECECCECECECCEC STASTASTASTASTASTASTASTASTASTASTASTASTATASTASTSTAAATAGEGEGEGGEGEGEGEGEGEGGEGEGEGEEGGEE SEASEASEASEASEASEASEASEASEASEASEASEAEAEASTINTINTINTINTINTINTINTINTINTINTININTINNNGGGGGGGGGGGGGGGG PLPLPLPLPLPLPLPLPLPLPLPLPLPPPLPLLLLLLLLLAZAZAZAZAAZAZAZAZAZAZAZAZAZAAZZAAAAAAAZAAZA A AA AA A A AAA AAAAA ARARARARARARARARARARARARARAAAAARAARAAAAAAAREAAEAEAAEAEAEAEAEAEAEAEAEAEAAEAEEAE • C• C• C•C•C•C• C•••C• C•C•C• C••CC•••Commommommommommmommommommommommomommommomommmuniuniuniununiuniuniuninuninnuniuninnuniuununity ty ty ty ty ty tytyty ty ty tytyyy eveeveeveeveeveeveeveeveeveeveeveeeveveeveeveeveeeent nt nt nt nt ntntntntntntntntnn spaspaspaspaspaspaspaspaspaspaspaspaspaspacececececececececcecececeeecece • A• A• A• A• A• A• A• A• A• A• A• A• A• A• AAAAggrggrggrggrggrggrggrggrggrggrggrggrggrggggegaegaegaegaegaegaegaegaegaegegaaegagaaegaaagagegagagaaagte te te te te te te te tetette tettetete SurSurSurSurSurSurSurSurSurSurSurSurSurSurSururSSfacfacfacfacfacfacfacfacfacfacfacfacfafacfacafaccfaeeeeeeeeeeeeeeee SEASEASEASEASEASEASEASEAEAEASEASEASEASEASEAET BTBTBT BTBT BTTBT BTT BTBTBTBT BTTBBB CLOCLOCLOCLOCLLOCLOLOCLOCLOCLOCLOCLOCLOCLOCLOCLOOLOCLOLOLOOOOOOKSKSKSKSKSKKSKSKSKSKSSKSKSKSPLAY AREA FFFFFFFFFF PPPPPPPPP •••••••• ••••••••••• SSSSSSSSSSS A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 6.18 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com December 18, 2017 Mr. Mark Ray, PE Director of Public Works City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Re: Proposal to Provide Professional Services for Becker Park Reconstruction Dear Mr. Ray: WSB & Associates, Inc. (WSB) is pleased to submit the following proposal to provide professional design services for Becker Park reconstruction. WSB has assembled a project focused multi-disciplinary team that is uniquely positioned to complete both the community engagement aspects of the project as well development of construction plans, bidding assistance, and construction administration. I will manage the project and project team, including public engagement, for the Becker Park reconstruction project. My involvement with leading the soon to be adopted master plan for Becker Park and the comprehensive park system plan brings valuable and seamless background information to this project. This experience provides direct knowledge of the sensitivity within the community associated with the project and the level of expectations for the redevelopment of the park to a new destination park for the community. Rest assured, WSB is familiar with the city’s approach to project planning and management. WSB, along with a team of specialized experts in destination park planning, utility and storm water design, architecture, electrical systems, and irrigation will deliver successful results. Together, the project team will produce graphics and plans to gain support from the community during public engagement as well as clearly development bid documents to obtain competitive bids from local contractors. WSB has worked with communities to design and construct projects within the greater regional area. Through these experiences, WSB will reach out to dozens of contractors in the area during the bidding phase to promote interest and provide the City of Crystal with quality competitive bids. On the following pages, you will find our proposal. A Not-to-Exceed Fee has been provided under a separate submittal as requested. We appreciate the opportunity to propose on this exciting project and look forward to being a part of the next steps projects resulting from the System Plan. If you have any questions, please contact me at (763) 231-4844. Sincerely, WSB & Associates, Inc. Robert A. Slipka III, RLA Senior Landscape Architect Attachments 6.18 Table of Contents PROJECT TEAM ..........................................................................................1 PROJECT APPROACH ................................................................................5 ADDITIONAL SERVICES ..........................................................................12 CONDITIONS AND EXCLUSIONS .............................................................12 PROPOSED FEE ................................................................seperate envelope SCHEDULE ...............................................................................................13 RESPONSES TO SPECIFIC RFP QUESTIONS.......................................................................................14 Appendix 701 Xenia Avenue South, Suite 300 · Minneapolis, MN 55416 Tel: (763) 541-4800 · Fax: (763) 541-1700 · wsbeng.com PPLAY ARPLAY AREAEA S h e r b S h e r b S S h e r b S S h e r b r u r n e u r n e u r n e u r n e e A v e N A A v e N A A e N N N MULMMUMUMULTIMULTULTILTILTIMMUIMUMULMULTIMUULTULTITITIMUL-PURP-P-PURP-PURPPURP-PUURPPURP-P PPURPPUPURPPURPUURPPURPRPPPPOSE LOSE LOSE LOSE LOSE LOOOSE LOSE LOSE LOSOSE LOSE LOOSE LEAWAWAWNAWAWNWNAWNWNNAWAAWAWNWNWNWNWNWNAN • Su• Sub-• Sub-• Sub-• Sub-s• Sub-s-sb-s• Sub urfurfurfacurfaurface ace ace eurface storm wstorm wstorm wstorm wrm wstorm wwater stater stater stater stater stater storage sorage sorageorage ssorage e soragystemystemstemmmysystemstememmys ELEVAELEVAELEVALEVAELEVELEVALEVAVEELEVEEELEVVAVAEVVTED PTED PTED PTED PTED PTED PDPPED PETEDTEDTEDTEDTEDEDROMROMENRROMENROMENROMENROROMENMENOMMENMENENNROEMADEADEADEADEADEADEADEA • Seati• Seati• S• Seati• Seatitieati•eati•• S Se ngngngngngnngg • Eleva• Eleva• Elevalevava Eleva•• Ele• E ev ted trated trated traed traed trated tradt r atedrted ililililiili FOUNTAIFFOUNTAIFOFOUNTAIFOUNTAIAOUNTAIAAFOUNTN WITH N WITH N WITHN WITHWTH SEAT WASEAT WASEAT WASEAT WWSEAT WAWAEAT WALLSLLSLLSSLLLS FUTUREFUTUREUUUTUREFUTURE FUTURE FUTUREUTURE UTU PICNICPICNICCNICPICNPICNIC PICNICPICNIC SHELTERSHELTERSHELTERLTERSHELTERSHELTERSHELTERSHELTERH WITH SWITH WITH SWITH WITHWITH SEATINGGEATINGGTESEAT BLEAT BLSEAT BLAT BLAT BA OOCKSOOCKSOCKSC PERFOPERFOPERFORMERFORRMFORMRMPPEPEPERPERFORMERFORMORMERFORMANCEANCEANCEANCEEANCEANCANCEAANCENCEN STAGESTASTAGSTAGESTAGESTATAGEE PARK ENPARK ENPAPAPARK ENARK ENKTRY NODTRY NOTRY NODODEEE SEATINGSEATINGSEATINGSEASEATINGSEATINSEATISEATINGEATINGN B o t B o t t B o t t BB o t t i n e a i n e a i n e a n e a u B l u B uu B v d PLAZAPLAZAPLAZAPLAZAALAAPLAZAPLAZAPLAZLALAAZAPLAZAPLAZAPLAZAPLAZLLA AREAAREAAREAAREAAREAAREREAAAAREAAAAREAAREAAAREAREAA • Commu• Commu• Commu• Commu• Commu• Commu• Commu• Comm••nity evnity evnity evnity evity evnity evnity evvnyyyent spaent spaent spaent spaent spaent spaent spapcecececececece • Aggre• Aggre• Aggre• Aggre• Aggre• Aggreggate Sugate Sugate Sugate Suagate Sate Suaggrfacerfacerfacerfacerfacerfacerfacece SEAT BLSEAT BLEAT BLEAT BLTBTBSEAT BLSEAT BLSEAT BLSEAT BLSEAT BLAT BLSEAT BSEAT BLLLOOOCKSOCKSCCKKKSOCKSOCKSOOCKSOCKSOCKSOCKSOCKSKOOOO A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 6.18 PROJECT TEAM / 1 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL PROJECT TEAM Landscape Architecture Support Survey Geotechnical Water Resources Irrigation Municipal Engineer Architect Urban Designer / Landscape Architectural Designer Electrical, Mechanical, Sound Systems, Fountain Design Steve Foss Bill Alms, PE Jim Ruzicka (Main Line Consulting) Emily Leuth Andrew Cooper, AIA (Oertel Architects) Carlo Missio Jay Hruby, PE (EDI) CITY of CRYSTAL Subconsultants Support Services Project Manager Bob Slipka, RLA 6.18 PROJECT TEAM / 2 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Bob Slipka, RLA Project Manager / Sr. Landscape Architect As a Senior Landscape Architect, Bob has over 18 years of project experience in the upper Midwest. Over his career, he has been involved in a range of project types including park and trail planning, recreational facilities, riverfront improvements, streetscapes, corridor enhancements and site development projects (including both private and municipal sectors). Many of Bob’s daily responsibilities at WSB include project management, master planning, inventory and analysis, site design and detailing, preparation of construction documents and associated specifi cations, cost estimating, bidding, and construction administration. As a Project Manager, he has been directly involved on a variety of projects beginning at development of a master plan through preparation of actual park and trail design and construction. Through his experience working with municipal staffs, park boards and public groups, he has developed a capacity for arriving at planning and design solutions that meet the numerous goals associated with a project while still respecting the diverse input of stakeholders to ensure the plan will ultimately be accepted and widely supported by all parties. Bob has been working with the City of Crystal staff on the development of Crystal’s Park & Recreation System Master Plan. Carlo Missio Urban Designer / Landscape Architectural Designer Carlo has worked on a multitude complex and exciting projects across Australia, Asia and Europe over the past two decades. He has been involved in every facet of project development through his experience in both the public and private sector, as both client and consultant. His responsibilities have included working with large and complex multidisciplinary teams and projects through all stages of the design process including: writing and responding to proposals, conceptual design, detailed design and contract documentation through to construction supervision. His international experience has also involved master planning, urban design, public realm, hard and soft landscape, playgrounds, parks, trails and transport infrastructure across the globe. He is passionate about collaboration and working with clients and other designers to deliver exceptional outcomes that inspire people and relishes the opportunity to expand his portfolio in the United States. Steve Foss LA Support Steven is a landscape architect-in-training who has worked on a variety of projects such as streetscape design, land development, trail corridors and park design. His responsibilities include leading and assisting efforts with preliminary planning to providing technical documents and drawings. Steve provides experience with review of landscape plans, development of details and specifi cations, and assisting in the development of construction documents. Steve has been supporting Bob on hte development of the City’s Park & Recreation System Master Plan. 6.18 PROJECT TEAM / 3 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Bill Alms, PE Water Resources Bill Alms has engineered and managed numerous water resource related projects over the past fi ve years at WSB including project planning, design, and construction management. Bill specializes in urban regional BMP projects including passive treatment technologies, chemical treatment systems, and stormwater reuse applications. He has worked with many municipalities, counties, and watersheds throughout Minnesota. Bill will be a lead designer for this project bring extensive knowledge of stormwater lift-stations as well as iron enhanced sand fi lters. He has been involved with monitoring and research of iron enhanced storm fi lters for communities such as St. Paul, St. Anthony Village, and Chanhassen which allows him to incorporate valuable observations into fi lter and lift station designs. Additionally, Bill was the project manager for the 2016 ACEC award winning St. Anthony Stormwater Research Facility, which includes a large underground vault with an Iron enhanced Filter Bed among other treatment technologies. Emily Leuth, PE Municipal Engineer Emily has over 7 years of experience in a wide range of municipal, transportation, and residential projects. Emily has worked on numerous reconstruction projects and is very familiar with special design considerations associated with residential street reconstructions, utility coordination, and working with different agencies. She is an experienced civil engineer who can perform a variety of tasks including: producing technical reports, designing plans, writing specifi cations, and meeting with the public on behalf of the client. A few examples of Emily’s most recent work include reconstruction projects in the Cities of Minnetonka, Medina, Brooklyn Park, and Hugo. Jim Gromberg Economic Development Coordinator Jim has over 25 years of experience in economic development including both redevelopment projects and greenfi eld developments. Most recently, Jim was the State of Minnesota’s Business Development Representative for the Twin Cities metro area, focusing on the attraction of new businesses to the state and assisting businesses in expanding their current locations. Jim has also served as the Vice President for Business Banking for Landmark Bank focusing primarily on SBA lending, the Business and Community Relations Manager for Connexus Energy, City Manager for Isanti, and Economic Development Coordinator for the City of Ramsey. Jim has also served as the President of the Economic Development Association of Minnesota, President of the Anoka Area Chamber of Commerce, President of the Anoka-Ramsey Community College Foundation, and Mid- America Economic Development Council Board of Directors. Jim also holds the Certifi ed Economic Development Financial Professional designation. 6.18 PROJECT TEAM / 4 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Jay Hruby, PE (EDI) Electrical, Mechanical, Sound Systems, Fountain Design Jay has committed a large percentage of his electrical engineering career to lighting design and the promotion of energy conservation and sustainability within his projects. Over the past 20 years, he has designed many award-winning lighting designs that include site lighting, pedestrian lighting, art projects, monuments, parks, and buildings. Jay is passionate about lighting aesthetics, as well as energy effi ciency and controls. Jim Ruzicka (Main Line Consulting) Irrigation Jim has extensive experience in designing successful irrigation projects of different types and sizes, and from simple to complex around the country. He has completed work on more than 600 successful irrigation projects since starting Main Line Consulting. Jim can also provide accurate cost projection, project budgeting, bid review, contractor review, specifi cations, and on-site project management to provide the “start-to-fi nish” product critical to the success of every irrigation project. Andrew Cooper, AIA (Oertel Architects) Architect Andrew has worked on a number of projects at the fi rm and has fi lled a variety of roles. He has worked with new construction projects and building renovations and expansions. Andrew’s responsibilities include schematic design, master planning, project coordination, client/ public contact, 3D building modeling, construction documents and construction administration. 6.18 PROJECT APPROACH / 5 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL ·Coordination with Wenck as it relates to the proposed storm water infi ltration project for inclusion in the proposed Becker Park Phase 1 Improvement Project. ·Coordination with Flagship as it relates to proposed playground equipment as an OWNER supplied product. ·Work with the City staff and prepare graphics and diagrams necessary for a community engagement process allowing residents and park users to provide feedback on park design and selection of core elements that are currently proposed. PROJECT APPROACH Understanding The City of Crystal (OWNER) is seeking professional services to construct Phase 1 of the Becker Park Master Plan. Professional services will also be provided for preparation of construction documents, bidding, and construction administration for identifi ed select improvements. Close coordination will also be required with Wenck regarding the storm water infi ltration project scheduled for construction in 2019. As part of the Park and Recreation System Master Plan, Becker Park was identifi ed as a destination park for the City of Crystal. Ensuring the overall design and selection of park amenities aligns with the long-range visions and expectations of the community is crucial. Through a thorough investigation of the scope of work and discussions with City staff, WSB is familiar with the OWNERS expectations and goals. Based on our project understanding and expertise with similar projects, including the Park and Recreation System Master Plan and Becker Park Master Plan, we are confi dent about successfully and professionally undertaking this project. As part of the Park and Recreation System Master Plan, we are aware of various associated projects including the proposed LRT Station at Bass Lake Road and Bottineau Boulevard, Bass Lake Road Improvements, Crystal Shopping Center Redevelopment Plan, and City Comprehensive Plan and Update. ·Assist City staff with development of program elements to be constructed as it relates to the current total budget of $4,500,000. ·Prepare construction documents including specifi cations and cost estimates for review by City staff and other agencies for construction. ·Assist the OWNER in obtaining all necessary permits associated with the project area. ·Facilitate bidding, award of contract, and construction administration of the proposed improvements. It is our understanding that the following will be required: 6.18 PROJECT APPROACH / 6 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Work Plan WSB has an exemplary record of designing hundreds of parks as well as successfully administrating construction services on behalf of our clients. Our professional background provides our team with the expertise necessary to provide you with both the necessary public engagement services as well as our design and construction experience. WSB creates high- quality plans, graphics, and narratives that illustrate the key pieces of a project plan that will aid in gaining support and approval from the public, as well as stakeholders, thereby avoiding unnecessary confusion of project goals and outcomes. The combination of our knowledge of the design process and our graphic and documentation abilities will provide the OWNER with the necessary products needed to obtain competitive bids for the construction and implementation of Becker Park Improvements. WSB understands the importance of minimizing park closures and down time. WSB staff will explore construction materials, installation approaches, establishment periods, and project costs necessary for proposed improvements to ensure the proper approach is specifi ed to minimize park down time and allow users access to the renovated park at the soonest time possible. The following approach will provide the OWNER with a list of professional services necessary in completing the requested scope of services. Approach WSB will provide preparation of construction documents, bidding services, and construction administration for this project based on the master plan and scope of services requested within the RFP. The extent of implementation will be based on a total project development budget of $4,500,000. To complete the project, we propose the following scope of services on the following pages which outline project tasks and deliverables. PROJECT MANAGEMENT Bob Slipka, Sr. Landscape Architect, will act as the project manager for this project. 6.18 PROJECT APPROACH / 7 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Project Kickoff Meeting The general purpose of the kickoff meeting is to confi rm key individuals, staff members, etc. who will be involved in the project or have information that will affect the project, and general review and discussion about the issues and concerns related to this project. WSB will also propose a schedule that meets the requirements of the proposal as well as key benchmarks identifi ed by the OWNER. Establishment of the project schedule is key for identifying required tasks by all parties as well as coordination to obtain vital information at critical points throughout the design process. SCOPE OF SERVICES “A” – DESIGN AND BIDDING: Preliminary Design/Design Development Shall include the preparation of written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in suffi cient detail for the OWNER to grasp the appearance and function of the improvements. This includes review and use of appropriate design standards for listed facilities and preparation of design development drawings. The drawings include basic site layout, landscaping, grading, removals plans, site utility plans, site lighting plans, etc. and details as required. Outline specifi cations, including general and technical sections, will be prepared. The bid form outline will be prepared and used to estimate construction costs. An estimate of the cost to construct these improvements will be refi ned based on these documents. From this estimate the OWNER shall determine which of the improvements shall be included in the fi nal phase of design (Construction Documents). Comparing proposed improvements identifi ed in the Design Development Phase with the project budget will provide a clearer understanding of which park improvements should be developed further as well as presented to the public for input and support. WSB will work with City staff to identify opportunities for art within the park. If desired, WSB will assist the City in exploration of obtaining an artist(s) to develop pieces for display at Becker Park. 6.18 PROJECT APPROACH / 8 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Public Participation Process WSB understands the importance of engaging the community to help gain a clearer understanding of needs, wants, and potential improvements associated with the Becker Park Improvements. Community input will form the basis of a successful project for currently proposed improvements as well as future development and improvements within the park. WSB, with support from City staff, will facilitate engagement meetings and public open houses by preparing necessary graphics, diagrams, and plans necessary to obtain feedback on core elements proposed in Becker Park. WSB proposes the following engagement process: 1. Develop a web-based survey, that can be hosted on a Social Pinpoint project page. Social Pinpoint is an online platform that in parallel with the in person and on the ground consultation will offer depth and a broader reach to our engagement strategy. Via Social Pinpoint and the City’s social media platforms, ask for people to submit pictures of facilities or activities they would like to see there, assets that they want to preserve, and cool things they have seen elsewhere that might work at Becker Park. The online platform can be advertised via postcards at the currently developed Community Center and other areas around Crystal. Social Pinpoint is a very fl exible engagement tool that is both intuitive and interactive. 2. Hold two large community meetings, one following the completion of the Design Development Phase to discuss overall needs, ideas, and concerns with what is being proposed and one later to discuss and get feedback/support on the proposed design. 3. At the midpoint of plan development, conduct a neighborhood resident meeting and neighborhood business meeting to provide project updates and gain feedback on the proposed project. 4. Attend three Park Commission meetings throughout the process to gain feedback, input, and approval prior to public engagement and meetings with the City Council. 5. Present plans at two separate Shingle Creek Watershed Commission meetings to provide updates related to project development and project costs. 6. Present plans at two separate Council work sessions to provide updates related to project development and project costs. 7. Present fi nal plans to City Council for approval. DESIGN AND BIDDING CONTINUED 6.18 PROJECT APPROACH / 9 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Construction Documents Once the design options are fully explored and selected, WSB will prepare fi nal construction documents for the improvements as approved by the OWNER for inclusion in this project. These documents shall include plans, details, and specifi cations in suffi cient detail for the OWNER to pursue competitive bids for the construction of the improvements. Specifi c scope of work for this task will include: Construction Plans including: ·Title Sheet ·Site Removals Plan ·Building Removal (not including a phased demolition plan) ·Site Layout Plan ·Site Grading Plan ·Erosion control and site SWPPP plans as necessary ·Temporary sedimentation basins as necessary ·Onsite soils (assumed free of hazardous materials) ·Spot elevations for key fi nished grade elements ·ADA grading design of trails, sidewalks, and other site facilities as appropriate for this phase ·Pavement Designs and Typical Details ·Coordinate with product vendors to specify design standards for site products including OWNER provided playground equipment from Flagship. Bid documents will allow other vendors to submit for consideration of ‘approved equals’ prior to bid submittal date. ·Storm water analysis and design ·Develop a drainage plan for the park improvements and sizing additional storm structures as required based on LA site design ·Coordinate with City’s WR consultant to integrate underground infi ltration system into site design and bid package ·Prepare stormwater permit for Shingle Creek WMC for both the park and the underground infi ltration system since the project will be bid together and is greater than 5 acres ·Miscellaneous Site Construction Details ·We will also prepare specifi cations including incorporation of City’s standard Front End and design Technical Sections. Following that we will prepare a fi nal cost estimate. Geotechnical Services Although geotechnical work has been completed under Wenck’s contract, additional geotechnical information is required for building and pavement design. WSB has included scope to obtain necessary information for park- related improvements including: ·Bore hole locating ·Gopher State One call ·One mobilization of truck mounted auger drill equipment ·Two standard penetration test borings to depths of 15 feet. We will sample and record blow counts at 2.5-foot-intervals to 15-feet-deep. In Minnesota, a boring that is deeper than 15 feet is considered an environmental well and requires Well Sealing Notifi cation and Sealing Records be submitted to the Minnesota Department of Health, along with a Notifi cation fee. The borings are not planned to depths greater than 15 feet and therefore we have not included costs to grout the borings. ·Boring logs ·Lab review DESIGN AND BIDDING CONTINUED 6.18 PROJECT APPROACH / 10 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Irrigation Design Services for athletic fi elds Refer to attached scope of work by Mainline Consulting for detailed description of services. Site Electrical / Mechanical / Acoustical Services Refer to attached scope of work by Electrical Design Initiative for detailed description of services. Permits Completion and submittal of permits associated with park improvements. Note: permit fees will be considered reimbursable expenses billed in addition to consulting fees Bidding Assistance It is understood that the project will be bid as one single package. WSB will provide services for bidding assistance associated with the project including the following: 1. Facilitate a pre-bid meeting for the project 2. Advertisement for bids 3. Coordinate online plan set availability to Contractors 4. Receive questions from Prospective Bidders and provide responses 5. Issue addenda as necessary 6. Attend the bid opening 7. Prepare tabulation of bids 8. Prepare letter of recommendation for contract award Note: any advertisement costs will be considered reimbursable expenses billed in addition to consulting fees Survey Services It is our understanding that a partial survey has been conducted for the eastern and central portions of the park. This survey did not include the full limits of the park boundary nor all current utilities. Survey work will be conducted including all located utilities for the purposes of the proposed Phase 1 Park Improvements. Scope of services include: 1. Gopher State One Call (Boundary Request) locate and tie in all utilities. 2. Topographic survey of the site, excluding full limits of existing parking lots, hard play surfaces, Sherburne Avenue, and 55th Avenue North. 3. Establish ground control for future construction. 4. Create a base map for the entire project area using the data collected during the topographic survey. This map will include all existing features and line work, TIN data, one-foot contours and all point data. This map will be created in Civil 3D version 2016. 5. Boundary survey of the park area is not included. Economic Development While companies and businesses will not locate in an area based solely on the location of a public amenity, it does become a part of the equation when project possible foot traffi c and the ability to attract workforce. WSB will meet with the City staff and other members of the economic development staff to discuss the proposed park improvements and how that park can be incorporated into the promotion of the community. The outcome of the meeting could be ideas on how to best promote the amenity and channels that could be identifi ed to allow for the promotion. Architectural Services related to restroom building Refer to attached scope of work by Oertel Architects for detailed description of services. DESIGN AND BIDDING CONTINUED 6.18 PROJECT APPROACH / 11 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL Contract Administration and Site Progress Meetings 1. Conduct Pre-construction Conference: Facilitate the pre-construction conference. Meeting minutes will be prepared and distributed to all the attendees. 2. Weekly Site Progress Meetings: Attend up to 25 weekly site progress meetings during periods of active construction during the project to allow for pro-active communication with the contractor and OWNER, which will maximize effi ciency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow WSB to: ·Become generally familiar with and to keep the OWNER informed about the progress and the quality of the portion of the Work completed. Review concrete forms and pavement layouts of proposed improvements. This does not include exhaustive or continuous on-site inspections to check the quality or quantity of the Work, though that could be provided as an additional service if desired. ·Conduct meetings to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. ·Report to the OWNER known deviations from the Contract Documents. 3. Review submittals and shop drawings. 4. Answer contractor questions and provide design intent and clarifi cation for any issues that may arise during the project. 5. Review pay applications prepared by contractor and make recommendations regarding payment (this does not include administration of prevailing wage requirements or DBE enforcement). 6. In the event of changed conditions during the project, WSB will prepare and distribute any necessary change orders to expedite the work in the fi eld. 7. Substantial completion meeting and punchlist. 8. Preparations and documentation of as-builts. 9. Final Project Completion review meeting. SCOPE OF SERVICES “B” – CONTRACT ADMINISTRATION: 6.18 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL ADDITIONAL SERVICES / CONDITIONS AND EXCLUSIONS / 12 ADDITIONAL SERVICES Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB’s contract agreement with the City of Crystal. CONDITIONS AND EXCLUSIONS We will provide all the professional design services required to complete the plans and specifi cations as required for bidding the improvements for this project except the following (WSB can add these items to our scope at an additional fee if they become required): Site Utilities Related Services 1. Conduct full time inspections for up to 1 week during installation of sanitary sewer, water service, and storm sewer plus appurtenant work. 2. Preparations and documentation of as-builts. Architectural Related Services See attached scope of services from Oertel Architects for detailed description of services. Irrigation Related Services See attached scope of services from Main Line Consulting for detailed description of services. Site Electrical / Mechanical / Acoustical Services See attached scope of services from EDI for detailed description of services. ·Boundary Survey ·Hazardous waste engineering ·Wetland Delineation and Reporting ·Archeological services ·Material and Construction Testing ·Full time construction inspections CONTRACT ADMINISTRATION CONTINUED 6.18 A P R O P O S A L F O R B E C K E R P A R K W I T H T H E C I T Y O F C R Y S T A L SCHEDULE / 13 SC H E D U L E JA N F E B M A R AP R MA Y JU N J U L A U G S E P O C T N O V DE C J A N F E B M A R AP R MA Y JUN JUL AUG SEP OCT NO V Ta s k A : F i n a l D e s i g n a n d B i d d i n g Ow n e r M e e t i n g # 1 : P r o j e c t K i c k - o f f M e e t i n g Pr e l i m i n a r y D e s i g n a n d C o s t s Pr e l i m i n a r y D e s i g n M e e t i n g o f P l a n s a n d C o s t s w i t h C i t y S t a f f Pa r k C o m m i s s i o n M e e t i n g # 1 Ne i g h b o r h o o d R e s i d e n t M e e t i n g Ne i g h b o r h o o d B u s i n e s s M e e t i n g Co n d u c t P u b l i c O p e n H o u s e # 1 We b - b a s e d S u r v e y Sh i n g l e C r e e k W a t e r s h e d M e e t i n g # 1 Co u n c i l W o r k S e s s i o n M e e t i n g # 1 Pr e p a r e P r e l i m i n a r y P l a n s a n d O u t l i n e S p e c i f i c a t i o n s Sh i n g l e C r e e k W a t e r s h e d M e e t i n g # 1 60 % R e v i e w M e e t i n g o f P l a n s a n d C o s t s w i t h C i t y S t a f f Pa r k C o m m i s s i o n M e e t i n g # 2 Co n d u c t P u b l i c O p e n H o u s e # 2 Pr e p a r e C o n s t r u c t i o n D o c u m e n t s a n d S p e c i f i c a t i o n s Sh i n g l e C r e e k W a t e r s h e d M e e t i n g # 2 90 % R e v i e w M e e t i n g o f P l a n s a n d C o s t s w i t h C i t y S t a f f Pa r k C o m m i s s i o n M e e t i n g # 3 Co u n c i l W o r k S e s s i o n M e e t i n g # 2 10 0 % P l a n s a n d S p e c i f i c a t i o n s Co u n c i l a p p r o v a l o f P l a n s a n d S p e c i f i c a t i o n s Ad m i n i s t e r B i d d i n g P r o c e s s a n d I s s u e A d d e n d a Ad m i n i s t e r B i d O p e n i n g Pr e p a r e B i d T a b u l a t i o n a n d R e c o m m e n d a t i o n o f B i d Ta s k B : C o n s t r u c t i o n A d m i n i s t r a t i o n Pr e p a r e a n d R e v i e w C o n t r a c t s Pr e p a r e a n d F a c i l i t a t e P r e - C o n s t r u c t i o n M e e t i n g Ad m i n i s t e r S h o p D r a w i n g s Ad m i n i s t e r C h a n g e O r d e r s , R F I ' s , a n d P a y A p p l i c a t i o n s Fa c i l i t a t e W e e k l y / B i - W e e k l y C o n s t r u c t i o n M e e t i n g s Co n d u c t S u b s t a n t i a l C o m p l e t i o n P u n c h l i s t Co n d u c t F i n a l W a l k T h r o u g h , P u n c h l i s t , a n d C l o s e o u t TA S K S 20 1 8 2019 PR O P O S E D F E E Fi n a l D e s i g n a n d B i d d i n g A s e p a r a t e s u b m i s s i o n h a s b e e n p r o v i d e d b y W S B f o r s e r v i c e s a s o u t l i n e d i n P r o j e c t A p p r o a c h / S c o p e o f S e r v i c e s . 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 14 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 1 What experience do you have designing and building signature/destination parks? RESPONSES TO SPECIFIC RFP QUESTIONS Project Name / Location Co n s t r u c t e d o r i n P l a n Pr o d u c t i o n In c l u s i v e a n d / o r Tr a d i t i o n a l P l a y A r e a Co o r d i n a t i o n w i t h Ar c h i t e c t f o r R e s t r o o m / Pa r k B u i l d i n g Pe r f o r m a n c e A r e a Wa t e r F e a t u r e / F o u n t a i n Antler's Park / Lakeville, MN Boulevard Park / Coon Rapids, MN Central Park / Rosemount, MN Diamond Point Park / City of Bemidji, MN Elm Creek Park Reserve / Three Rivers Park District Heritage Park / City of Inver Grove Heights, MN Hilde Performance Center / City of Plymouth, MN Hopkins Bandshell and Performance Stage / Hopkins, MN Itasca State Park / MnDNR Kaposia Landing Park / South St. Paul, MN Lakefront Park / City of Prior Lake, MN Lake Brophy Park / Douglas County, MN Lake Rebecca Park Reserve / Three Rivers Park District Marthaler Park / West St. Paul, MN Miller Park / Eden Prairie, MN Quarry Lake Park / Shakopee, MN Round Lake Park / City of Eden Prairie, MN Sand Creek Park / Coon Rapids, MN Staring Lake Park / Eden Prairie, MN 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 15 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 2 What experience within the last 5 years do you have of coordinating a storm water project with a park project (not necessarily infi ltration)? WSB has completed numerous large regional stormwater capital improvement projects in conjunction with park projects all across the state. WSB’s team knows how to effectively integrate site plans with large underground stormwater structures and can effectively phase and bid these project allowing a smooth and effi cient construction process. WSB recently completed a similar project in St. Louis Park, MN assisting the City with designing and constructing a large underground regional stormwater treatment system and coordinated with the City parks department to construction of skate park on top of the underground vault. The skate park not only creates a recreational opportunity, but also improves drainage within the park, and adjacent parking lots around city hall and the police station. WSB has also completed similar stormwater and parks coordination projects in Crystal Lake Beach Park in Burnsville, and Veterans Park in Richfi eld. 3 What experience do you have working with a play area design fi rm to incorporate inclusive play areas and/or traditional play areas into signature/destination park design? What experience do you have working with an architect to incorporate restrooms into signature/destination park design? See matrix on previous page. 4 What experience you have planning and constructing a performance area in a signature/ destination park? See matrix on previous page. 5 What experience do you have planning and constructing a water feature (fountain) in a park? See matrix on previous page. 6 Provide at least two references for similar scope (Becker Park) projects. The following are client references, see attached project sheets in the Appendix for project descriptions. Boulevard Park – Tim Himmer, Public Works Director; Ph 763-767-6494 or Ryan Gunderson, Recreation Coordinator, 763-767-6513 Kaposia Landing Park – Chris Esser, Park and Recreation Director; Ph 651-366-6202 Rosemount Central Park – Dan Schultz, Park and Recreation Director; Ph 651-322-6012 Staring Lake – Jay Lotthammer, Park and Recreation Director; Ph 952-949-8440 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 16 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 7 What opportunities for economic impact (actual) do you see for this project? In an April 13, 2016 study completed by Camoin Associates identifi es the following areas that can have a positive effect on communities that provide parks and open spaces. People are willing to pay more to live near parks and open space, which are positive amenities. As a result, property values near parks have measurably higher values, all else being equal. This phenomenon, known as the “Proximate Principle” has been studied extensively. Research by John Crompton has indicated that parks can have a positive impact of 20% or greater on the values of properties directly adjacent to a passive park area. Other research found that community parks can provide benefi ts up to 33% of the residential real estate value and that the positive impacts of a community park may extend up to 2,000 feet (over a third of a mile). The signifi cance of this impact is that municipal property tax revenues, one of the most important revenue streams for municipalities, are enhanced. Parks can also be used as a tool to attract homebuyers, as research shows that parks and trails rank among the top amenities homebuyers are looking for. In addition to the residential values, commercial values can also be affected by the draw of the amenity. In areas that have many amenities and the ability to have easy access will also see a greater demand for all types of space including residential, retail and services. This can be further expanded to include a greater ease in attracting and retaining workforce in communities that have a high level of amenities such as parks and open spaces. As the workforce continues to shrink due to the retirement of baby boomers this will become an increasingly diffi cult issue to solve. Access to parks and open space promotes exercise and healthy living. Research has shown that those that live near parks tend to exercise more, which reduces health costs related to obesity such as heart disease and diabetes. The Trust for Public Land, a national conservation non-profi t, estimates that there is a $250 annual cost difference between those who exercise on a regular basis and those who don’t. When looking at senior citizens, the value jumps to $500 because of higher health costs. When these values were applied to the number of Sacramento City residents that “engage actively enough in parks to improve their health” the results showed that the health care savings for city residents totaled $19.9 million annually. An increasing number of jobs are allowing employees to work remotely. With commuting to and from work, and not driving far a factor of one’s choice of places to live, people are choosing communities that fulfi ll a greater need in their personal lives. This includes not only parks, but safe neighborhoods, nearby businesses to shop at, and schools. This project, along with the City of Crystal’s long range park system improvements will help create a more desirable location. This project in conjunction with the proposed LRT stop, Bass Lake Road Corridor improvements, redevelopment visions for the Crystal Shopping Center Area, and close proximity to amenities within nearby communities will help create a more desirable community for the new generation of our workforce. By attracting these workers, they will put money back into the local economy through jobs, businesses, housing, and taxes that are part of the larger woven web of the community. 8 What economic impact have you seen from other similar projects you have been a part of? Economic impacts are diffi cult to measure from one specifi c project. Economic success if connected to multiple other driving forces that, as a whole, create a successful community. For instance, WSB has been involved with several large recreational facilities within various communities. These facilities support a range of athletic groups including softball, baseball, soccer, lacrosse, football, tennis, etc. Many of these user groups host multiple tournaments throughout a season 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 17 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL which can attract dozens of teams and hundreds of players and spectators. Most of these teams travel from outside the community creating a need for businesses that fulfi ll their needs of food, lodging, shopping, etc. Business that support this user group locate themselves close to these facilities which stems to employee needs, housing for employees, transportation needs, and supporting lifestyle needs. WSB has also been involved in a range of non-recreational signature parks. These parks have features that include performance areas, destination play areas, picnic areas, lakes, beaches, community buildings, and other associated uses. These features attract a different user group including concert goers, families, retirees, and general citizens. Local vendors selling food and products also attract park users. These civic community parks are typically located near an existing city center, commercial district, and/or multi-family housing. 9 What experience do you have with balancing the cost realities of park construction with in the estimated costs developed during master planning? Nearly every project WSB has been involved with has a starting budget the client is adhering to. As proposed in our scope of services, we have included review points during the design process allows for both a qualitative and quantitative review of the project. Early exploration of construction methodologies and materials provides the client with factual options to review to make sound selections that best meet budgets, expectations, and maintenance. Bid Alternates are another way to obtain competitive costs for items that may not fi t into the estimated project budget. At times, several program features may be less of a priority that can be phased in when future budgets allow. Obtaining alternate bid prices for these items during the bidding phase provides the client with fi rm costs to make a clearer decision on select program features that may or may not get included in the fi nal contract. In addition to bid alternates, WSB would recommend bidding the project as an itemized bid in lieu of a lump sum bid approach. This allows for unit prices for many of the proposed improvements which provides for greater fl exibility during construction to add or remove items originally included in the contract. Set pricing during bidding allows for exploration of minor revisions to proposed plans with accurate budgeting costs. 10 What is your approach to obtaining community buy in on a park design? Community support for any project is key to it success and implementation, and gaining support early in the process helps create a successful project. The community engagement approach can vary from community to community and project to project. A smaller neighborhood park for example may require one or two meetings with a neighborhood group located near the park. Listening to the needs and wants of the primary user group will help gain support. Educating the neighborhood group on the city’s goals and expectations of the city-wide parks and trail system will help them understand the importance to key park features that may be proposed or otherwise not be supported within their specifi c neighborhood park. This would be in conjunction with support from the Park Commission and/or City Council. A larger community / destination park has a greater mix of users over a bigger section of the City. Community engagement needs to reach a larger demographic mix within that community. As with a neighborhood park, gaining support from the larger majority will help ensure the success of the project and use of the proposed park. Obtaining ideas and feedback from 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 18 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL the community while preserving the vision and goals of city staff will be one of the key goals to success. A community with a higher elder population may see more success with open houses and face-to-face interaction, while a community with younger population may utilize technology as a means of engagement instead of a more formal open house approach. As with a neighborhood park, gaining feedback from the community and showing within the design that their voices were heard will ensure success. Support from City staff, Commissions, and City Council are of equal importance. 11 How do you take long term maintenance into consideration? As part of the design process, communication with city staff is key. We need to ensure the design meets the needs and requirements for the park, and that the proposed improvements will be maintainable by City staff. This includes reviewing and comparing costs of products to ensure staff have an understanding of associated maintenance. This can include weather related maintenance, wear and tear, vandalism, and natural breakdown of products. Cost can sometimes prohibit certain premium applications or products, conveying this to city staff during design helps staff prepare and budget for what would otherwise be unforeseen maintenance needs later down the road. WSB will work with clients to run cost analysis comparing similar products and applications to help determine the best application to meet project budgets. 12 How have you taken long term maintenance and staffi ng into consideration with previous projects? As discussed in the previous question, WSB will work with clients to design and specify the best product while taking cost into consideration. One recent example would be Boulevard Park in Coon Rapids. Early in the design phase several comparative items were explored and budgeted. This included utilizing concrete pavement for walkways and trails around the play area and splash pad. As the design continued a cost comparison was done to evaluate the cost of construction between the two materials in addition the assumed maintenance for both systems. As an end result, it was determined to use two separate systems with concrete used within the adjacent areas of the play containers and splash pad and asphalt trails used to connect to parking lots and other adjacent walkways. Another example is Kaposia Landing Park in South St. Paul. Park maintenance staff is stretched to a near maximum. With the proposed improvements of a new restroom/concession building, softball fi elds, baseball fi elds, trails, and parking lot discussions began early in design to evaluate the need for additional park maintenance staff. An increase in turf maintenance including mowing, edging, fertilizing, repairs will be needed as the existing site was a native lawn area requiring much less staff and expenses. The addition of 5 ballfi elds also created a maintenance need for irrigation maintenance and repairs throughout the summer season, as well as maintenance and operations for the proposed lighting on all 5 fi elds. Staffi ng was also discussed as to how the concessions building would be managed, staff for cleaning and maintaining the restrooms, added staff and equipment for maintaining the new ballfi elds, as well as winter maintenance concerns including irrigation blowouts and startup, snow plowing, winterization of restrooms, etc. Some of the outcome of this study resulted in the City purchasing one additional mower, leasing a second mower, adding two season staff, consulting with an electrical company for maintenance, consulting with an irrigation company for maintenance, and consulting with a turf company for the fertilizer applications. 6.18 RESPONSES TO SPECIFIC RFP QUESTIONS / 19 A PROPOSAL FOR BECKER PARK WITH THE CITY OF CRYSTAL 13 Provide the experience you have with Clean Water Legacy Funds grants, Met Council Green Project Grants, Shingle Creek Watershed CIP projects, BWSR grants, Hennepin County CIP projects, Hennepin Youth Sports Grants, LAWCON funds and Community Development Block Grants. WSB has worked with numerous grant programs - Keller Lake in Burnsville had Clean Water Funds, Carpenter Park had Hennepin County Environmental Remediation Funds, Veterans and Legion Lak Park improvements in Richfi eld received $2 million in Minnehaha Creek Grant funds, Crystal Lake Alum Treatment facility had Hennepin County CIP funds, St. Anthony Stormwater Research Facility had Mississippi Watershed Management Organization CIP funds (similar to Shingle creek watershed CIP), Riverwood Area Rain Garden Project in Brooklyn Center received shingle Creek CIP funds. 14 Demonstrate a track record with an engineers’ estimate that was in line with actual construction costs once bids were opened. WSB has had great success with providing accurate estimated costs for large signature / destination parks in the past 5 years. Most projects have bid within 5% of the estimated project costs (without contingencies included). The below matrix shows projects constructed in the past 5 years: Project Name / Location Estimated Cost without contingencies Constructed Cost Percent Difference Riverview Park / Coon Rapids, MN $ 1,774,186.50 $ 1,736,415.15 97.9% Central Park / Rosemount, MN $ 845,165.25 $ 893,868.74 105.8% Kaposia Landing Park / South St. Paul, MN $ 4,874,785.00 $ 5,028,306.74 103.1% Paul Bunyan Park / Brainerd, MN $ 1,287,564.25 $ 1,239,837.25 96.3% Sand Creek Park / Coon Rapids, MN $ 6,211,556.50 $ 5,622,314.65 90.5% Staring Lake Park / Eden Prairie, MN $ 1,077,190.00 $ 1,074,100.00 99.7% Quarry Lake Park Phase 1 / Shakopee, MN $ 1,258,200.50 $ 1,284,755.50 102.1% McMorrow Park / South St. Paul, MN $ 2,326,333.50 $ 1,820,389.62 78.3% Boulevard Park / Coon Rapids, MN $ 1,080,486.53 $ 1,022,162.78 94.6% 6.18 APPENDIX 6.18 COMMUNITY PARKS wsbeng.com Boulevard Park Coon Rapids, Minnesota Project Overview: WSB was commissioned by the City of Coon Rapids to explore this site as a potential destination play area and splash pad as part of a comprehensive city-wide parks and trails master planning project. It was considered one of the prime locations in the city due to its visibility along Coon Rapids Boulevard and proximity to the recently constructed ice arena and the site of the future community center in Coon Rapids. In 2016, the City of Coon Rapids asked our team to develop alternative concept master plans to consider different ways the overall site could serve the needs of the community for their annual carnival and other large special events such as the 4th of July fi reworks display, concerts, general open space, seating areas, shade, and the splash pad and play area. The master plan adopted by the city council identifi ed the desired location of all elements. The city council elected to develop the play area and splash pad in the fi rst phase of improvements. Our team continued with fi nal design, bidding, and construction administration of these improvements. Project Status & Budget: Phase 1 construction will be completed in Spring 2018 for $1.25 million. Services: • Master Planning • Phase 1 Construction Documents / Construction Administration Final Master Plan Graphic Contact: Tim Himmer, Public Works Director City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 (763) 531-1150 ICE ARENA PRE-K: t 2 bay swing with expression swings ELEMENTARY: t 3 bay swing with adaptive swing and belts PRE-K: t Creative Art Center ELEMENTARY: t Stardust SPLASH PAD PRE-K: t Climbers Corner Elem Play with partial PIP surface Pre-K play with partial PIP surface TR A I L C O N N E C T I O N T O 1 1 1 T H A V E N U E 2,500 sf Splash Pad TRA I L T O I C E A R E N A P A R K I N G FUTURE AREA FOR GAZEBO / FLEXIBLE PERFORMANCE STRUCTURE WITH PLAZA. 8’ W I D E T R A I L T O C O O N R A P I D S B O U L E V A R D 8’ T r a i l c o n n e c t i o n Raised seat wall planter with flag poles Raised seat wall Umbrella Shade structures with tables FL O R A S T N W 109TH LN NW CO O N R A P I D S B L V D N W CR O O K E D L A K E B L V D N W 111TH AVE NW BUILDING ADDITIONBUILDIADDITBA MIXED USE OPEN LAWN OPEN LAWN  SKATING CIRCUIT / TRAIL  MOVIES  FIREWORKS  CARNIVAL  FIREWORKS PLAZA PEDESTRIAN CROSSING EXISTINGBUILDING & OUTDOOR ICE RINK PLAY  SPLASH PAD  SEPARATED PLAY AREAS  CARNIVAL   “  CAR SHOWS PARKING INGBUILDI MSHAREDPARKING PROPOSED ACCESS DR. / STR RIGHT IN / RIGHT OUT FL O R A S T N W 109TH LN NW CO O N R A P I D S B L V D N W CR O O K E D L A K E B L V D N W 111TH AVE NW BUILDING ADDITIONFUTURE PLAZA MIXED USE PLAZA MIXED USE OPEN LAWN  SKATING CIRCUIT / TRAIL  MOVIES  FIREWORKS  CARNIVAL   “  CAR SHOWS PARKING PLAY  SPLASH PAD  SEPARATED PLAY AREAS EXISTINGBUILDING & OUTDOOR ICE RINK FL O R A S T N W 109TH LN NW CO O N R A P I D S B L V D N W CR O O K E D L A K E B L V D N W 111TH AVE NW BUILDING ADDITION  CARNIVAL   “  CAR SHOWS PARKING NG IONILDIDITI PARKING BUAD PLAZA OPEN LAWN  SKATING CIRCUIT / TRAIL  MOVIES  CARNIVAL  CAR SHOWS  FIREWORKS EXISTINGBUILDING & OUTDOOR ICE RINK PLAY  SPLASH PAD  SEPARATED PLAY AREAS 6.18 ATHLETIC COMPLEXES wsbeng.com Kaposia Landing Athletic Complex South St. Paul, Minnesota Project Overview: This interesting project involves converting a construction landfi ll into a useful public amenity with direct access to the Mississippi River. The master planning phase of the project began in 2000 with design and construction of phase one occuring in 2015- 2016. Project Status & Budget: Phase 1 of the master plan was constructed which involved development of the ballfi elds and related support facilities at the north end of the park. Construction costs for Phase 1 was approximately $5.5 million, not including a predevelopment project which included capping the landfi ll, a loop trail, and park drive. Services: • Master planning • Final design - Phase 1 • Construction observation/contract administration - Phase 1, completed in 2017 Contact: Christopher Esser, Director of Parks & Recreation City of South St. Paul 100- 7th Avenue North South St. Paul, MN 55075 (651) 306-3692 Construction Photo - 2016 6.18 COMMUNITY PARKS wsbeng.com Central Park Rosemount, Minnesota Project Overview: WSB provided planning services for the Central Park / City Hall Campus planning project. Working closely with the City of Rosemount staff and city council, WSB designed numerous concepts for consideration for the campus surrounding City Hall. Following the City Council’s adoption of the preferred master plan that we completed in 2013, our team prepared the construction documents for the fi rst phase of the improvements that included a picnic shelter and splash pad, which was constructed in 2014. Project Status & Budget: Phase 1 construction was completed in Fall 2014 for $850,000. Services: • Project Management • Cost Estimating • Master Planning • Phase 1 Construction Documents • Construction Administration Final Master Plan Graphics Contact: Dan Schultz, Park and Recreation Director City of Rosemount 2875 145th St W. Rosemount, MN 55068 (651) 322-6012 6.18 wsbeng.com Staring Lake Park EDEN PRAIRIE, MINNESOTA Project Overview: Staring Lake Park is a Community Park within Eden Prairie’s Park System. The park is home to a wide range of amenities including athletic fields, hiking trails, lake, picnic areas, large amphitheater, and signature playground. The existing playground was a destination point for many residents, but the old, dated playground was due for renovation. With the site located between a large picnic shelter and amphitheater, the playground incurs a high volume of users. The site also is characterized by a significant elevation change from the upper hillside area down to the lake, making access a challenge. As part of the playground improvement project, ensuring accessibility to not only the improved playground area, but also associated seating areas, picnic areas, performance patio, and adjacent park elements was essential. The newly constructed playground includes three separate play containers providing a wide range of play equipment for users of all ages, with several elements specifi cally related to music and performing arts. The three containers are interconnected by a rubberized walkway and a central picnic area. A small performance patio near the play area provides a location for a variety of summer musical and theatrical events. The performance patio is set between two picnic areas - an upper picnic area near the parking lot and the centralized picnic area within the play containers. Project Status & Budget: The project was constructed in Fall, 2016 for $1.1 million. Services: • Master Planning • Construction Documents / Bidding • Construction Administration Contact: Jay Lotthammer, Parks & Recreation Director City of Eden Prairie 8080 Mitchell Rd, Eden Prairie, MN 55344 (952) 949-8440 Aerial view of play area CHILDREN’S ENVIRONMENTS 6.18 PAGE 1 OF 2 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 21, 2017 TO: Anne Norris, City Manager (for January 2 meeting) SUBJECT: Consider second reading of an ordinance revising Chapter 5 of the City Code (Unified Development Code) and adoption of a resolution approving summary language of the ordinance for publication A.BACKGROUND At the January 2, 2018 City Council meeting the Council is being asked to give a second reading to the ordinance that will replace Chapter 5 in the City Code. The first reading of this ordinance by the Council took place on December 19, 2017. This ordinance provides for a new Unified Development Code (UDC) which will replace the following existing city code sections: o Section 405: Signs o Section 500: Planning Commission o Section 503: Board of Appeals and Adjustments o Section 505: Subdivision regulations o Section 510: Park dedication o Section 515: Zoning o Section 520: Site and building plan review o Section 525 Cemeteries o Section 530: Statutory authorization (surface water management requirements) o Section 830: Tree removal and replacement standards The proposed UDC is attachment A. B. REQUESTED ACTION At the December 19, 2017 City Council meeting the Council approved the first reading of the revised chapter 5 of the city code (Unified Development Code). The proposed schedule for adopting a new ordinance is as follows: COUNCIL STAFF REPORT Revisions to City Code Chapter 5 - Unified Development Code 6.19 PAGE 2 OF 2 Jan. 11 Summary of ordinance published Feb. 10 Effective date of ordinance City Council actions requested: 1. Second reading and adoption of the ordinance in attachment A 2. Adoption of the resolution in attachment C summary publication Note: At the Dec. 19 Council meeting, a desire was expressed for discussion of additional changes to the Accessory Dwelling Unit provisions, which are permitted in the UDC but prohibited under the previous ordinance. Staff will gather information on ADU options for presentation to the Council at a work session in January or February. If additional changes are desired, the Council may initiate a stand-alone text amendment at that time. Attachments: A. Proposed Unified Development Code (UDC) B. Proposed zoning map C. Resolution 6.19 1 509575v8 AMB CR225-423 CITY OF CRYSTAL ORDINANCE #2017 – 07 AN ORDINANCE AMENDING CHAPTER 5 OF THE CRYSTAL CITY CODE The City of Crystal ordains: ARTICLE I. Chapter V of the Crystal City Code is hereby deleted in its entirety and is replaced with the following: CHAPTER V UNIFIED DEVELOPMENT CODE (UDC) Section 500 General provisions 500.01 Title and authority 500.03 Purpose 500.05 Relationship to comprehensive plan 500.07 Relationship to existing ordinances 500.09 Transitional rules 500.11 Severability Section 505 Definitions Section 510 Administration 510.01 Applicability 510.03 Planning commission 510.05 Board of appeals and adjustments 510.07 Zoning administrator 510.09 General development review requirements 510.11 Summary of application and review procedure types 510.13 Specific development review procedure requirements 510.15 Zoning certificate 510.17 Site plan review 510.19 Conditional use permit 510.21 Adjacent parcel land conveyance 510.23 Lot consolidation 510.25 Subdivisions 510.27 Comprehensive plan amendment 510.29 Rezoning or text amendments 510.31 Rezoning to planned development overlay district (PD) 510.33 Variance 510.35 Appeals 510.37 Enforcement and penalties 6.19 2 509575v8 AMB CR225-423 Section 515 Zoning districts and use regulations 515.01 Official zoning map 515.03 Establishment of zoning districts 515.05 Base zoning districts 515.07 Overlay zoning districts 515.09 Floodplain overlay district (FP) 515.11 Shoreland overlay district 515.13 Planned development overlay district (PD) 515.15 Transit oriented development overlay district 515.17 Permitted principal uses 515.19 Use-specific standards for principal uses 515.21 Permitted accessory uses and structures 515.23 Standards for specific accessory uses and structures 515.25 Permitted temporary uses and structures 515.27 Standards for specific temporary uses and structures 515.29 Nonconformities Section 520 Development standards 520.01 Measurements, computations, and encroachments 520.03 Site development standards 520.05 Architectural design standards for principal buildings 520.07 Exterior lighting 520.09 Fences and retaining walls 520.11 Landscaping 520.13 Screening 520.15 Off-street parking and loading 520.17 Surface water, drainage and erosion control Section 525 Subdivision of land 525.01 Basic subdivision of land 525.03 Development agreement required 525.05 Subdivision design standards Section 530 Signage 530.01 Findings, purpose and effect 530.03 General sign requirements 530.05 Sign design standards 530.07 Maintenance and repair 530.09 Allowed sign types 530.09 Sign specific standards 6.19 3 509575v8 AMB CR225-423 List of Illustrations Figure 1: Illustration of building height Figure 2: Illustration of lot configuration Figure 3: Illustration showing yards for through lot Figure 4: Illustration showing typical setbacks for a one-family dwelling Figure 5: Illustration showing yard locations Figure 6: Illustration of typical setback locations for a one-family dwelling Figure 7: Illustration of height measurements Figure 8: Fence height on interior residential lot Figure 9: Fence location on corner residential lot (principal building facing shorter side) Figure 10: Fence location on corner residential lot (principal building facing longer side) Figure 11: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet Figure 12: Illustration of a permitted berm slope Figure 13: Illustration of protective fence placement for trees Figure 14: Perimeter landscaping required between a parking lot and a street Figure 15: Illustration of parking lot perimeter screening Figure 16: Example of how parapet walls are utilized to screen roof mounted mechanical equipment Figure 17: Use of a wall and fencing for screening that is architecturally compatible with the principal building Figure 18: Illustration of shadow parking concept Figure 19: Options for locating an auxiliary parking space Figure 20: Non-impeded access driveway Figure 21: Parking space and aisle requirements based on angle of parking Figure 22: Illustration of how sign area is calculated Figure 23: Illustration of wall sign area calculation List of Tables Table 1: Development Review Procedures Table 2: Zoning Districts Table 3: Permitted Principal Uses Table 4: Permitted Accessory Uses and Structures Table 5: Permitted Temporary Uses and Structures Table 6: Permitted Encroachments Table 7: Zoning District Site Development Standards for Principal Buildings Table 8: Zoning District Site Development Standards for Accessory Structures Table 9: Species Diversity Table 10: Replacement Tree Requirements Table 11: Parking Spaces by Use Table 12: Parking space and aisle dimensions Table 13: Required cash payment Table 14: Signs allowed by zoning district Table 15: Freestanding or Pylon Signs Table 16: Monument Signs Table 17: Projecting Signs Table 18: Wall Signs 6.19 4 509575v8 AMB CR225-423 Section 500 General provisions 500.01. Title and authority. Subd. 1. Citation. These sections 500 through 530 of the Crystal city code, shall be known as the “Crystal Unified Development Code” except as referred to herein where it shall be known as this “UDC.” Subd. 2. Authority. This UDC is enacted pursuant to the authority granted to the city by the Municipal Planning Act, under Minnesota Statutes, section 462.351 et. seq. and such other law as may apply. 500.03. Purpose. The purpose of this UDC is to implement the comprehensive plan and to protect the public health, safety, and general welfare of the community and its people through the establishment of minimum regulations governing land development and use. More specifically, the purpose of these regulations is to: (a) Establish regulations to protect the use districts that the city has established by regulating compatibility of different land uses, density of structures, building setbacks and heights, provision for adequate light, air, and convenience of access to property; and preventing congestion in the public right-of-way; (b) Avoid or minimize negative impacts from land uses including, but not limited to, impacts to neighboring properties, public infrastructure, and the general public; (c) Promote orderly development and redevelopment of property upon which to plan transportation, water supply, sewerage, and other public facilities and utilities; (d) Provide for administration of and amendments to this UDC, and prescribe penalties for violations of such regulations; and (e) Define duties of city staff, board of appeals and adjustments, planning commission and city council in relation to this UDC. 500.05. Relationship to comprehensive plan. It is the policy of the city that the enactment, amendment, and administration of this UDC be accomplished with due consideration of the policies and recommendations contained in the Crystal comprehensive plan as amended from time to time by the city council. 500.07. Relationship to existing ordinances. Subd. 1. Minimum requirements. In their application and interpretation, the provisions of this UDC shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare. Subd. 2. Applicability. Where the conditions imposed by any provisions of this UDC are either more or less restrictive than comparable conditions imposed by any applicable state law or 6.19 5 509575v8 AMB CR225-423 regulation or any city ordinance or resolution of any kind, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. Subd. 3. Conformity required. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner that is not in conformity with the provisions of this UDC. 500.09. Transitional rules. Subd. 1. Enactment. This UDC was enacted by Ordinance No. _____, adopted by the city council on ______, and became effective on _______. Subd. 2. Building permits. Any building, structure, or development for which a building permit was issued prior to the effective date of this UDC may, at the applicant’s option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this UDC. If the building or structure is not completed within the time allowed under the original building permit or any extension granted therefor, then the building, structure, or development shall be constructed, completed, or occupied in full compliance with this UDC. Subd. 3. Voluntary compliance. For those applications submitted prior to the effective date of this UDC, the applicant has the option of complying with the requirements in this UDC, but is only required to comply with the requirements in effect on the date the application was submitted. 500.11. Severability. If any section, subsection, sentence, clause, or phrase of this UDC is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this UDC. The city council hereby declares that it would have adopted this UDC in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 6.19 6 509575v8 AMB CR225-423 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a separate, complete housekeeping unit, with a separate entrance, kitchen, sleeping area, and bathroom facilities that is located as part of a detached garage. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, section 1190. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords a secondary means of access to abutting property. Subd. 8. Amusement center. “Amusement center” has the meaning given it from the Crystal city code, section 1180. Subd. 9. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 10. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. 6.19 7 509575v8 AMB CR225-423 Subd. 11. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for the owner, including a subdivider, developer, attorney, or similar representative who has filed an application for development or sign approval with the city. Subd. 12. Application. “Application” means the process by which the owner, or their agent, of a parcel of land within the city submits a written request for any type of development or sign approval. Subd. 13. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning. Subd. 14. Banks or financial institutions. “Banks or financial institutions” means establishments engaged in deposit banking, which may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, or credit unions. Subd. 15. Banquet halls or event centers. “Banquet halls or event centers” means a facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food or the sale of alcoholic beverages for on-premises consumption during scheduled events which are not open to the public. The facility space may be used by various groups for social gatherings, meetings, parties, weddings, receptions, or dances. Subd. 16. Base flood elevation. “Base flood elevation” means the elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. Subd. 17. Basement. “Basement” means an area of a building, including crawl spaces, having its floor or base subgrade below ground level, regardless of the depth of excavation below ground level. Subd. 18. Bed and breakfast establishment. “Bed and breakfast establishment” means an owner-occupied dwelling that offers short-term lodging, with or without meals, for compensation. Subd. 19. Block. “Block” means an area of land within a subdivision that is entirely bounded by streets, railroads, waterways, other natural barriers, the exterior boundary of the subdivision or any combination of the preceding. Subd. 20. Brewer taproom or brewpub. “Brewer taproom or brewpub” has the meaning given it in the Crystal city code, section 1200. Subd. 21. Building. “Building means any roofed structure used or intended for supporting or sheltering any use or occupancy. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Subd. 22. Building height. “Building height” means the vertical distance of a building measured in feet from average grade around the perimeter of a structure to (see Figure 1): (a) The deck line of a mansard roof; or (b) The highest point of a flat roof; or 6.19 8 509575v8 AMB CR225-423 (c) The mean height between the eaves and highest point on gable, hip, or gambrel roofs. Figure 1: Illustration of building height Subd. 23. Building, accessory. “Building, accessory” see definition for “Accessory structure” Subd. 24. Building, principal. “Building, principal” means a building that is the primary use of the lot. Subd. 25. Building materials sales. “Building materials sales” means lots and related structures used for the sale of construction materials, lumber, and related materials that may or may not be within an enclosed structure. Subd. 26. Bulk storage of liquids. “Bulk storage of liquids” means a use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, or similar liquids. Subd. 27. Canopy. “Canopy” means a roof-like cover, often made of fabric, plastic, metal, or glass on a support, which is affixed to a building and provides shelter over a doorway. Subd. 28. Carport. “Carport” means an accessory structure used generally for covering vehicles which is open on at least two sides. It may be attached to the home or be freestanding. If the structure is not open on at least two sides, it is considered a garage and shall comply with all requirements in this UDC for garages. Subd. 29. Cemeteries. “Cemeteries” means land used or dedicated to the burial of the dead, including mausoleums, necessary-related sales, and maintenance facilities. A funeral home may be included when operated within the boundary of such cemetery. Subd. 30. City. “City” means the City of Crystal, unless otherwise noted. Subd. 31. Club or lodge. “Club or lodge” means buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not 6.19 9 509575v8 AMB CR225-423 those which are primarily for profit or which render a service that is customarily carried on as a business. Subd. 32. Commercial truck storage or parking. “Commercial truck storage or parking” means a parking lot used for the storage or temporary parking of commercial vehicles. Subd. 33. Commercial storage building. “Commercial storage building” means a detached accessory building that is over 200 square feet in size and used primarily for storage for a commercial business. For the purposes of this UDC, commercial storage buildings are not synonymous with self-storage facilities. Subd. 34. Comprehensive plan. “Comprehensive plan” means the formally adopted comprehensive development plan of the city, composed of maps, charts, diagrams, and text describing the recommended policies and programs to guide the city’s future development and redevelopment. Subd. 35. Control measure. “Control measure” means a practice or combination of practices to control erosion and attendant pollution. Subd. 36. Critical facilities. “Critical facilities” means facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Subd. 37. Curb cut. “Curb cut” has the meaning given it in Crystal city code, subsection 800.03. Subd. 38. Day care facilities. “Day care facilities” means a facility providing care for children, the elderly, or functionally-impaired adults in a protective setting for a portion of the day. Subd. 39. Day care facilities, in-home. “Day care facilities, in-home” means a day care facility under rules and statutes of the State of Minnesota serving and providing care to 12 or fewer children. Subd. 40. Day care, group family facilities. “Day care, group family facilities” means a facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 and which serves 14 or fewer children. Subd. 41. Deck, detached. “Deck, detached” means a freestanding deck which does not utilize the exterior wall of the principal structure for support. Subd. 42. Detention facility. “Detention facility” means a permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of stormwater. Subd. 43. Development. “Development” means any manmade change to improved or unimproved real estate, including buildings or other structures, dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials. 6.19 10 509575v8 AMB CR225-423 Subd. 44. Driveway. “Driveway” has the meaning given it in the Crystal city code, subsection 800.03. Subd. 45. Driveway approach. “Driveway approach” has the meaning given it in the Crystal city code, subsection 800.03. Subd. 46. Drive-through establishment. “Drive-through establishment” means any portion of a building, structure or property from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Subd. 47. Dwelling. “Dwelling” means a building or portion thereof used exclusively for residential purposes, forming a habitable unit for one family. Garages, tents, and accessory structures shall not be considered dwellings and shall at no time be used as a dwelling, either temporarily or permanently. Tents may be used for recreational purposes. Subd. 48. Dwelling, multiple. “Dwelling, multiple” means a building designed with three or more dwellings exclusively for occupancy by three or more families living independently of each other. Subd. 49. Dwelling, one-family attached. “Dwelling, one-family attached” means a building, such as townhouses or row houses, containing dwellings in which: (a) Each dwelling is located on its own parcel; (b) Each dwelling is attached to another by party walls without openings; and (c) Each dwelling has primary ground floor access to the outside. Subd. 50. Dwelling, one-family detached. “Dwelling, one-family detached” means a residential building containing not more than one dwelling entirely surrounded by open space on the same lot. Subd. 51. Dwelling, two-family. “Dwelling, two-family” means a building designed exclusively for occupancy by two families living independently of each other, typically referred to as a double bungalow or duplex, where the entire building is located on a single lot. Subd. 52. Easement. “Easement” means a grant by a property owner to either the public or an individual for the use of the owner’s property for certain specified purposes (i.e. drives, utilities, etc.). Subd. 53. Equal degree of encroachment. “Equal degree of encroachment” means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Subd. 54. Essential services. “Essential services” means underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems by public utilities, municipal or other governmental agencies. Subd. 55. Family. “Family” means one or more persons maintaining a common household and using common cooking facilities. 6.19 11 509575v8 AMB CR225-423 Subd. 56. Farm fence. “Farm fence” means a fence as defined by Minnesota Statutes, section 344.02, subdivision 1(a)-(d). An open type fence of posts and wire is not considered to be a structure in the floodplain overlay district requirements. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under the floodplain overlay district provisions. Subd. 57. Filtration. “Filtration” means a process by which stormwater runoff is captured, temporarily stored, and routed through a filter bed to improve water quality and slow down stormwater runoff. Subd. 58. Findings of fact. “Findings of fact” means written findings embodied in a resolution, ordinance, or other document approved or adopted by the body making such findings. Subd. 59. Flag. “Flag” means any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. Subd. 60. Flood. “Flood” means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Subd. 61. Flood frequency. “Flood frequency” means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Subd. 62. Flood fringe. “Flood fringe” means the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. Subd. 63. Flood prone area. “Flood prone area” means any land susceptible to being inundated by water from any source (see “Flood”). Subd. 64. Floodplain. “Floodplain” means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Subd. 65. Floodproofing. “Floodproofing” means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 66. Floodway. “Floodway” means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Subd. 67. Floor area, gross. “Floor area, gross” means the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. Subd. 68 Floor area, finished. “Floor area, finished” means the gross floor area that is finished as fully habitable space, including the finished portion of a basement. Where a sloped 6.19 12 509575v8 AMB CR225-423 ceiling is present, only that portion which has at least six feet of vertical clearance from floor to ceiling shall be considered finished floor area. Subd. 69 Food trucks. “Food trucks” means a food and beverage establishment that is a vehicle-mounted unit within which food is stored, cooked, prepared, and or offered for direct sale to the consumer. Subd. 70. Frontage. “Frontage” means the line of contact of a property with a public right- of-way. Subd. 71. Funeral home. “Funeral home” means a building used for human funeral services and which may include space for embalming and other services used in the preparation of the dead for burial, the indoor storage of caskets, funeral urns, and other related supplies. Funeral homes do not include facilities for cremation, but cremation services may be offered. Subd. 72. Garage, attached. “Garage, attached” means the storage of motor vehicles by the owner or occupant of the principal use in a garage that is attached to the principal structure by a common wall or by a roof. An attached garage has no facilities for mechanical service or repair. Subd. 73. Garage, detached. “Garage, detached” means an accessory building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair. Subd. 74. Garage or yard sales. “Garage or yard sales” means the infrequent temporary display and sale of general household goods, used clothing, appliances, and other personal property. Subd. 75. Grade. “Grade” means the average finished ground level of the land around the perimeter of a lot, structure, or building. Subd. 76. Half street. “Half street” means a right-of-way dedicated for a street by a developer along such developer’s perimeter property line equal to only one-half of the total right- of-way width required by this UDC. Subd. 77. Home business. “Home business” means a business, profession, activity, or use that is clearly a customary, incidental, and accessory use of a residential dwelling and except for allowable signage does not alter the exterior of the property or affect the residential character of the neighborhood. Subd. 78. Hospital. “Hospital” means an institution licensed by the state providing health care services and medical or surgical care to persons, primarily inpatient, suffering illness, disease, injury, and other physical and mental conditions. Hospitals may include as an integral part of the facility laboratories, outpatient facilities, or training facilities. Subd. 79. Hotel, motel, or extended stay. “Hotel, motel, or extended stay” means a facility containing four or more guest rooms and offering transient lodging accommodations on a daily rate to the general public, plus no more than two dwelling units as accessory uses to the hotel and occupied only by the property owners or on-site managers. 6.19 13 509575v8 AMB CR225-423 Subd. 80. Hydric soils. “Hydric soils” means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Subd. 81. Hydrophytic vegetation. “Hydrophytic vegetation” means macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Subd. 82. Impervious surface. “Impervious surface” means any surface that does not readily absorb or retain water, including but not limited to buildings, roofs, parking areas and driveways, sidewalks, and pavement. Subd. 83. Industrial uses (indoors). “Industrial uses (indoors)” means a facility used primarily for manufacturing, processing, or assembly of products that is a fully enclosed structure where noise, odor, light, or vibrations are not noticeable from the adjacent properties. Subd. 84. Industrial uses with outdoor storage of parts, products, or fuel. “Industrial uses with outdoor storage of parts, products, or fuel” means: (a) Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials and also uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, truck terminals, public works yards, and container storage. (b) Outdoor/open storage of parts, products, or fuels (exterior storage) means any land used or occupied for the purpose of the storing of the goods and materials used for the principal industrial use. Subd. 85. Infiltration. “Infiltration” means the passage of water into the ground through the soil. Subd. 86. Kennels, commercial. “Kennels, commercial” has the meaning given it in the Crystal city code, section 910. Subd. 87. Kennels, private. “Kennels, private” has the meaning given it in the Crystal city code, section 910. Subd. 88. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 89. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. 6.19 14 509575v8 AMB CR225-423 Figure 2: Illustration of lot configuration Subd. 90. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 91. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 92. Lot, through. “Lot, through” means a lot abutting on more than one street but not situated at an intersection of streets (see figure 2). Subd. 93. Lot, through corner. “Lot, through corner” means a lot abutting on more than one street and situated at more than one intersection of streets (see figure 2). Subd. 94. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 95. Lot depth. “Lot depth” means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries. Subd. 96. Lot line, front. “Lot line, front” means the boundary of a lot that abuts a public street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the zoning administrator. On a through lot, the lot line for which the home is facing shall be the front lot line (see figure 3). 6.19 15 509575v8 AMB CR225-423 Figure 3: Illustration showing yards for through lot Subd. 97. Lot line, rear. “Lot line, rear” means the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. Subd. 98. Lot line, side. “Lot line, side” means any lot line that is not a front, rear or corner side lot line. Subd. 99. Lot line, corner side. “Lot line, corner side” means any street-abutting lot line that is not a front or rear lot line. Subd. 100. Lot of record. “Lot of record” means land designated as a separate and distinct parcel in a subdivision, the plat of which has been recorded in the office of the recorder of Hennepin County, Minnesota; or a parcel of land, the deed to which was recorded in the office of the recorder or registrar of titles of Hennepin County, Minnesota prior to the adoption of the ordinance codified in this UDC. Subd. 101. Lot width. “Lot width” means the horizontal distance between side lot lines. In the case of irregularly shaped lots located on a cul-de-sac or curved street, lot width shall be measured at the required front and rear setback lines. Subd. 102. Lowest floor. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to rende r the building in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Subd. 103. Manufactured home. “Manufactured home” has the meaning given in Minnesota Statutes, section 327.31. The term “manufactured home” does not include the term “recreational vehicle.” 6.19 16 509575v8 AMB CR225-423 Subd. 104. Marquee. “Marquee” means any permanent roof-like structure extending along or projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. Subd. 105. Medical clinics. “Medical clinics” means a building, or part of a building, where persons are cared for on an outpatient basis. Subd. 106. Multiple tenant building. “Multiple tenant building” means any building which has more than one (1) tenant, and where each tenant has a separate ground-level exterior public entrance. Subd. 107. New construction. “New construction” means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of the floodplain overlay district provisions. Subd. 108. Non-commercial speech. “Non-commercial speech” means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Subd. 109. Non-conforming lot. “Non-conforming lot” means a lot of record or other parcel of land that does not comply with the lot requirements for any allowed use in the zoning district in which it is located. Subd. 110. Non-conforming structure. “Non-conforming structure” means any structure permitted prior to the effective date of this UDC, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this UDC. Subd. 111. Non-conforming use. “Non-conforming use” means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established. Subd. 112. Obstruction. “Obstruction” means any, wall, embankment, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 113. Offices, professional. “Offices, professional” means establishments providing executive, management, administrative or professional services including, but not limited to, real estate, medical clinics, architecture, legal, travel, contractor, employment, insurance, and similar uses. Subd. 114. One hundred year floodplain. “One hundred year floodplain” means lands inundated by the “Regional Flood” (see definition). Subd. 115. Owner or property owner. “Owner or property owner” means the owner or taxpayer of record according to Hennepin County property tax records. Subd. 116. Parapet wall. “Parapet wall” means that portion of building wall that rises above the roof level. 6.19 17 509575v8 AMB CR225-423 Subd. 117. Parking lots or ramps. “Parking lots or ramps” means land that is surfaced in accordance to the requirements of this UDC and used for the temporary parking of vehicles as a business enterprise. Subd. 118. Patio. “Patio” means an open, level-surfaced area that is typically impervious, has an elevation of no more than 12 inches above grade, is without walls or roofs, and is intended for outdoor seating or recreation. Subd. 119. Personal services. “Personal services” means establishments that are primarily engaged in providing services generally involving the care of the person or the person’s possessions. Personal services may include, but are not limited to laundry and dry-cleaning services, tailors, barber or beauty shops, health and fitness studios, nail salons, locksmiths, tattoo parlors, therapeutic massage, pet grooming, portrait studios, and similar uses. Subd. 120. Plat, final. “Plat, final” means the final formally approved layout of the proposed subdivision showing the same information as the preliminary plat, complying with the requirements of this UDC, and any additional requirements imposed by the city council and prepared in the form required by the appropriate county office and Minnesota Statutes, section 505. Subd. 121. Plat, preliminary. “Plat, preliminary” means a tentative layout of the proposed subdivision prepared for the purpose of formal review by the city. The preliminary plat shows lots, blocks, streets, and physical features relevant to the development of the property, but not in the detail or final form of the final plat. Subd. 122. Porch, open. “Porch, open” means a porch that may have a roof but is not enclosed with windows, screens or walls. Subd. 123. Portable storage container. “Portable storage container” means a temporary portable structure or container that allows for on-site storage of goods or materials, and which is not permanently affixed to a foundation. Subd. 124. Private recreational facilities, indoor. “Private recreational facilities, indoor” means recreational facilities are private recreational facilities located completely within an enclosed building that includes, but is not limited to bowling alleys, volleyball courts, ice skating rinks, and driving ranges. The term does not include amusement centers. Subd. 125. Private recreational facilities, outdoor. “Private recreational facilities, outdoor” means private recreational facilities providing outdoor activities that includes, but is not limited to, sand volleyball courts, miniature golf courses, batting cages, and tennis courts. Subd. 126. Public and semipublic buildings. “Public and semipublic buildings “ means buildings containing public or civic uses of special significance to residents, employees or visitors such as community service centers. Public and semipublic buildings do not include public utility buildings, schools, or religious institutions. Subd. 127. Public waters. “Public waters” means waters of the state as defined in Minnesota Statutes, section 103G.005. 6.19 18 509575v8 AMB CR225-423 Subd. 128. Reach. “Reach” means a hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 129. Recreational vehicle. “Recreational vehicle” has the meaning given the term in Minnesota Statutes, section 168.002. For the purposes of this UDC, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle”. Subd. 130. Regional flood. “Regional flood” means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Subd. 131. Regulatory flood protection elevation (RFPE). “Regulatory flood protection elevation” or “RFPE” means an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Subd. 132. Religious institutions. “Religious institutions” mean a building, together with its accessory buildings, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Subd. 133. Repetitive loss. “Repetitive loss” means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Subd. 134. Restaurant or eating establishment. “Restaurant or eating establishment” means an establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state. Restaurants or eating establishments include cafes, coffee shops, and ice cream shops. Subd. 135. Restrictive covenant. “Restrictive covenant” means a recorded contract or agreement entered into between private parties establishing restrictions on the development or use of property in addition to those established by this UDC. Subd. 136. Retail establishments. “Retail establishments” means establishments primarily engaged in the sale of goods to the general public. Retail uses may include, but are not limited to, bookstores, liquor stores, bakeries, grocery stores, and other similar uses. Subd. 137. Retention facility. “Retention facility” means a permanent natural or man-made structure that provides for the storage of stormwater runoff by means of a permanent pool of water. Subd. 138. Seasonal agricultural sales. “Seasonal agricultural sales” means the outdoor sale of goods or products obtained primarily through farming or agricultural activities, including, but 6.19 19 509575v8 AMB CR225-423 not limited to: pumpkins; grain and seed crops; fruits and vegetables; nursery, floral, ornamental, and greenhouse products; and Christmas trees. Subd. 139. Schools, elementary or secondary. “Schools, elementary or secondary” means buildings used to teach students that includes elementary schools, middle schools or high schools. Subd. 140. Schools, nursery or preschool. “Schools, nursery or preschool” means a school providing general daytime care and/or instruction for children six years of age or younger which conducts no instructional programs certified by the state department of education as meeting the minimum educational requirements for compulsory-age children. Subd. 141. Schools, trade or business. “Schools, trade or business” means a school operated for profit, which teaches business, professional, or technical trades or skills, or a school not otherwise included within the provisions of this UDC. Subd. 142. Self-storage facilities. “Self-storage facilities” means a building or group of buildings having compartments, rooms, spaces, containers, or other types of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to such privately-rented units. For the purposes of this UDC, the term self-storage facilities shall be considered synonymous with the term mini-storage. Subd. 143. Senior housing. “Senior housing” means a multiple dwelling building or group of buildings in which each dwelling is occupied by at least one person age 55 or older. This includes assisted living but not institutions such as specialized care facilities. Subd. 144. Setback. “Setback” means the minimum required horizontal distance between a structure and a lot line, as measured perpendicular to the lot line. Setback standards provide open areas around structures for visibility and traffic safety, access to and around structures, access to natural light, ventilation and direct sunlight, separation between potentially conflicting activities, and space for privacy, landscaping, and recreation. Figure 4: Illustration showing typical setbacks for a one-family dwelling Subd. 145. Setback, front. “Setback, front” means the minimum required horizontal distance between a structure and the front lot line (see figure 4). 6.19 20 509575v8 AMB CR225-423 Subd. 146. Setback, rear. “Setback, rear” means the minimum required horizontal distance between a structure and the rear lot line (see figure 4). Subd. 147. Setback, side. “Setback, side” means the minimum required horizontal distance between a structure and the side lot line (see figure 4). Subd. 148. Setback, corner side. “Setback, corner side” means the minimum required horizontal distance between a structure and the corner side lot line (see figure 4). Subd. 149. Shed. “Shed” means a detached accessory building that is used primarily for the storage of goods, not vehicles. Subd. 150. Sign face. “Sign face” means the surface of the sign upon, against, or through which the message of the sign is exhibited. Subd. 151. Sign structure. “Sign structure” means any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 152. Sign. “Sign” means any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes. Signs shall be further defined as follows: (a) Abandoned sign. “Abandoned sign” means any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. (b) Awning sign. “Awning sign” means a building sign or graphic printed on or in some fashion attached directly to the awning material. (c) Balloon sign. “Balloon sign” mean a temporary sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air that is greater than 24 inches in diameter. (d) Building sign. “Building sign” means any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. (e) Canopy sign. “Canopy sign” means any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee sign and is different from service area canopy signs. 6.19 21 509575v8 AMB CR225-423 (f) Changeable sign. “Changeable sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable signs do not include signs upon which characters, letters, or illustrations change or rearrange only once in a 24-hour period. (g) Electronic or electrically-controlled readerboard. “Electronic or electrically-controlled readerboard sign” means a sign, or section thereof, on which messages may are changed by electronic processes or remote control and the only movement of which is the periodic changing of information against a solid, colorless background, having a constant light illumination level. (h) Electric sign. “Electric sign” means a sign containing electrical wiring; the term does not include signs illuminated by an exterior light source. (i) Flashing sign. “Flashing sign” means a directly or indirectly illuminated sign which exhibits changing light or color effects by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. (j) Freestanding sign. “Freestanding sign” means any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. For the purposes of this UDC, a monument sign is not a freestanding sign. (k) Governmental sign. “Governmental sign” means any temporary or permanent sign erected and maintained by the City, County, State, or federal government, or a public utility. (l) Illuminated sign. “Illuminated sign” means any sign which contains an element designed to emanate artificial light internally or externally. (m) Marquee sign. “Marquee sign” means any building sign painted, mounted, constructed or attached in any manner, on a marquee. (n) Monument sign. “Monument sign” means any sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. (o) Nonconforming sign. “Nonconforming sign” means any sign and its support structure lawfully erected prior to the effective date of this UDC which fails to conform to the requirements of this UDC. A sign which was erected in accordance with a variance granted prior to the adoption of this UDC and which does not comply with this UDC shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. (p) Off-premise sign. “Off-premise sign” means a commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not located on the same premises where such business sign is located. For purposes of this UDC, easements and other appurtenances shall be considered to be 6.19 22 509575v8 AMB CR225-423 outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. (q) On-premise sign. “On-premise sign” means a sign that pertains to the use of the premises or the property on which it is located (r) Pole sign. “Pole sign” means a sign which has the same meaning as pylon sign (see definition). (s) Portable sign. “Portable sign” means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. (t) Projecting sign. “Projecting sign” means any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 15 inches beyond the surface of such building or wall face. A projecting sign is also a sign located above or below a canopy or marquee. (u) Pylon sign. “Pylon sign” means any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. (v) Roof sign. “Roof sign” means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (w) Rotating sign. “Rotating sign” means a sign or portion of a sign which turns about on an axis. (x) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (y) Small sign. “Small sign” means a single sign six square feet or less in size. (z) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (aa) Vehicle sign. “Vehicle sign” means any sign exceeding 10 square feet in sign area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right-of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors: a) the absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; b) the vehicle on which the sign is displayed is inoperable; c) the vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not 6.19 23 509575v8 AMB CR225-423 in conformity with the identified parking space on the lot; d) the vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or e) the vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis. (bb) Wall sign. “Wall sign” means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. A wall sign is also a sign installed on the face of a canopy or marquee, but not extending beyond the face. Subd. 153. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. Subd. 154. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 155. Specialized care facilities. “Specialized care facilities” means any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for treatment and in-patient care, such as nursing homes, memory care facilities, and hospices. This does not include senior housing or the residence of any individual who cares for another family member. Subd. 156. Start of construction. “Start of construction” means in relation to the floodplain overlay district, start of construction includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Subd. 157. State licensed residential facility. “State licensed residential facility” means a licensed, public or private, residential care facility located in a residential dwelling unit that provides six or fewer persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, group homes, residential programs, or supportive living residences for functionally impaired adults. 6.19 24 509575v8 AMB CR225-423 Subd. 158. Stealth. “Stealth” means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. Subd. 159. Street. “Street” means a public right-of-way greater than 30 feet in width platted or dedicated for the purpose of accommodating vehicular traffic or providing principal access to abutting property. An alley is not a street. Subd. 160. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 161. Subdivision. “Subdivision” means as a verb, the term means the process of separating a parcel of land for the purpose of building or conveyance including the division of previously subdivided property. As a noun, the term means the product resulting from the separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 162. Substantial damage. “Substantial damage” means in relation to the floodplain overlay district damage of any origin sustained by a structure where the cost of restoring the structure to it’s before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Subd. 163. Substantial improvement. “Substantial improvement” means in relation to the floodplain overlay district within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 164. Survey, certified. “Survey, certified” means a scaled drawing prepared by a registered land surveyor of a property indicating the location and dimensions of property lines, and if appropriate the location and dimensions of existing and proposed buildings. A survey typically depicts a parcel’s legal description and may also show additional information such as topographic data and the location of recorded easements. 6.19 25 509575v8 AMB CR225-423 Subd. 165. Telecommunications facilities. “Telecommunications facilities” means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term “telecommunications facilities” shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. This term does not include wireless facilities, which are separately defined under this UDC. Subd. 166. Telecommunications tower or tower. “Telecommunications tower or tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade whose principal use is to support telecommunications facilities. The term tower shall not include amateur radio operations equipment licensed by the Federal Communications Commission (FCC). This term does not include wireless facilities or wireless support structures, which are separately defined under this UDC. Subd. 167. Theater, indoor. “Theater, indoor” means a building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Subd. 168. Useable open space. “Useable open space” means a required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, which is available and accessible to and useable by all persons occupying a dwelling or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and parking areas shall not constitute useable open space. Subd. 169. Use, accessory. “Use, accessory” means a use which: (a) Is subordinate to and serves a principal building or principal use; (b) Is subordinate in area, extent, and purpose to the principal structure or principal use as served; and (c) Is located on the same lot as the principal structure or principal use served and except as otherwise expressly authorized by the provisions of this UDC. Subd. 170. Use, conditional. “Use, conditional” means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare. Subd. 171. Use, permitted. “Use, permitted” means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, including development standards, of such districts. Subd. 172. Use, principal. “Use, principal” means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be permitted or conditional. 6.19 26 509575v8 AMB CR225-423 Subd. 173. Use, temporary. “Use, temporary” means a use that may be permitted for a specified period of time. Subd. 174. Variance. “Variance” means an approval issued by the city council waiving the application of one or more provisions of this UDC with respect to a particular property in instances where the applicant demonstrates that there are practical difficulties in strictly complying with the requirements of this UDC because of circumstances unique to the property that were not caused by the applicant. Subd. 175. Vehicle, boat or recreational sales and rental. “Vehicle, boat or recreational sales and rental” means facilities where new or used vehicles, boats, or recreational vehicles, in operational condition, are sold, leased, or rented to customers. Subd. 176. Vehicle fuel stations. “Vehicle fuel stations” means a facility for the retail sale of unleaded or diesel gasoline. A vehicle fuel station may include a convenience store or general repair and maintenance of vehicles, such as muffler repair, oil change and lubrication, or tire service and sales. Subd. 177. Vehicle impound lot. “Vehicle impound lot” means a parcel of land used for the outdoor storage of impounded vehicles, including impounded recreational vehicles. Commercial truck storage or parking, as defined in this UDC, is not a vehicle impound lot. Subd. 178. Vehicle repair. “Vehicle repair” means the general repair and maintenance of vehicles such as oil changes, muffler repair, tire service and sales, or more substantial work such as body and fender work, upholstering, and replacement of parts. Sub. 179. Volume management. “Volume management” means the retention and abstraction of a certain volume of stormwater runoff onsite through techniques such as infiltration, evapotranspiration, and capture and reuse. Subd. 180. Wetlands. “Wetlands” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands shall have the following attributes: (a) A predominance of hydric soils; (b) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (c) Under normal circumstances, support a prevalence of such vegetation. Subd. 181. Wireless facilities. “Wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 13. Subd. 182. Wireless support structures. “Wireless Support Structure” has the meaning given in Minnesota Statutes, section 237.162, subdivision 16. 6.19 27 509575v8 AMB CR225-423 Subd. 183. Workshop. “Workshop” means an accessory residential use for the creation of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items. A workshop may be either an accessory use within the principal building or may be an accessory building on the property. Subd. 184. Yard. “Yard” means the horizontal distance between the principal structure and a lot line, as measured perpendicular to the lot line. Eaves are not to be considered part of the principal structure for the purpose of determining the location or extent of a yard. Figure 5: Illustration showing yard locations Subd. 185. Yard, front. “Yard, front” means the horizontal distance between the principal structure and the front lot line, extending across the full width of the lot (see figure 5). Subd. 186. Yard, rear. “Yard, rear” means the horizontal distance between the principal structure and the rear lot line, extending across the full width of the lot (see figure 5). Subd. 187. Yard, side. “Yard, side” means the horizontal distance between the principal structure and the side lot line, extending from the front yard to the rear yard (see figure 5). Subd. 188. Yard, corner side. “Yard, corner side” means the horizontal distance between the principal structure and the corner side lot line, extending from the front yard to the rear yard (see figure 5). 6.19 28 509575v8 AMB CR225-423 Section 510 Administration 510.01. Applicability. Subd. 1. Procedures. All land use and development permit applications, except building permits, shall be governed by the procedures contained in this section. Subd. 2. Procedural review processes. There are three different levels of procedural reviews for applications submitted to the city. These three types of review procedures are described in the Crystal city code, subsection 510.11. This UDC further identifies which procedural review shall be necessary based upon each type of application. To the extent that any application process does not outline a procedural review, the zoning administrator shall determine the appropriate level of review. Subd. 3. Specific review processes. Specific procedures and decision criteria for each type of development review application are contained in the Crystal city code, subsection 510.13. Subd. 4. Appeals of administrative decisions. Appeals of any order, requirement, decision, or determination made by an administrative officer in the enforcement of the UDC may be brought as provided in the Crystal city code, subsection 510.35. Subd. 5. Appeals of final decisions. The decisions of the city council under this UDC are final, except that any person aggrieved by a final decision of the city council may appeal the decision to district court as provided in Minnesota Statutes, section 462.361. In order to be timely, any such appeal shall be filed with the district court within 30 days of the date of the decision. 510.03. Planning commission. Subd. 1. Established. The planning commission is hereby established for the city. The planning commission is designated as the planning agency of the city in accordance with Minnesota Statutes, section 462.354. Subd. 2. Purpose. The purpose of the planning commission is to assist the city council in all matters relating to zoning and development or redevelopment of properties within Crystal. The planning commission’s role is advisory in nature. Subd. 3. Duties. The planning commission has those powers and duties assigned to it by Minnesota Statutes, sections 462.351 to 462.364, (the Municipal Planning Act) and as further provided under this UDC. Subd.4. Members. The planning commission shall be made up of nine members. There shall be at least two planning commission members from each of the four city wards. The remaining planning commission member shall be appointed on an at-large basis. Subd. 5. Qualifications. Planning commission members must be residents of the city and be at least fifteen years old. 6.19 29 509575v8 AMB CR225-423 Subd. 6. Removal. Planning commission members serve at the pleasure of the city council and may be removed from the commission, with or without cause, upon a majority vote of the city council. Subd. 7. Terms. Planning commission members shall be appointed to three-year terms. There are no term limits. To help ensure continuity in the planning commission’s work, the terms shall be staggered. As such, terms for the first nine planning commission members prescribed by this UDC shall expire as follows: (a) Four terms shall expire on December 31, 2017. (b) Three terms shall expire on December 31, 2018. (c) Two terms shall expire on December 31, 2019. Subd. 8. Other commissions. While serving on the planning commission, planning commission members may not also concurrently serve on the city’s parks and recreation commission or environmental quality commission. Subd. 9. Compensation. Planning commission members shall serve without compensation, but may be reimbursed for actual and necessary expenses if funds for that purpose are identified in the adopted city budget. Subd. 10. Liaison. The planning commission shall have both a city council liaison and a staff liaison. The city council liaison shall be assigned by the mayor. The staff liaison shall be assigned by the city manager. The commission may also have a staff secretary who is responsible for taking and preparing minutes during planning commission meetings. Subd. 11. Operations. The planning commission shall conduct itself in accordance with this UDC, the Crystal city code, section 305, the planning commission’s bylaws, and all other applicable laws and ordinances. 510.05. Board of appeals and adjustments. Subd. 1. Board of appeals and adjustments. Pursuant to Minnesota Statutes, section 462.354, the city of Crystal board of appeals and adjustments is hereby established for the city. The city’s planning commission shall serve as the board of appeals and adjustments for the city. Pursuant to Minnesota Statutes, section 462.354, subdivision 2, the decisions of the board of appeals and adjustments are advisory to the city council, which will make all final decisions. The Board shall operate under the same requirements as the planning commission in the Crystal city code, subsection 510.03. Subd. 2. Duties of the board. The board of appeals and adjustments shall have the following duties: (a) The board of appeals and adjustments hears and makes recommendations with respect to appeals from any order, decision, or determination made by an administrative officer in the enforcement of this UDC. 6.19 30 509575v8 AMB CR225-423 (b) The board of appeals and adjustments hears requests for variances from literal provisions of this UDC in accordance with the provisions of Minnesota Statutes, section 462.357. (c) The board of appeals and adjustments hears appeals from the denial of a building permit for structures within the limits of a mapped street pursuant to Minnesota Statutes, section 462.359. 510.07. Zoning administrator. Subd. 1. Appointment. The city manager shall appoint a zoning administrator to administer and enforce this UDC. Subd. 2. Authority. The zoning administrator is authorized to perform the following duties for the city: (a) Accept applications, determine their completeness, and identify what additional information is required to make an application complete; (b) Process and issue permits once they have been approved in accordance with this UDC; (c) Issue notices of denial; (d) Create reports with recommendations on zoning matters for the planning commission and the city council; (e) Provide for notices required under this UDC; (f) Conduct inspection as may be needed; (g) Administer and issue notices under Minnesota Statutes, section 15.99; (h) Enforce this UDC through the issuance of violation notices, cease and desist orders, and correction orders as may be needed; and (i) Perform such other duties and responsibilities as identified in this UDC or as may otherwise be needed to administer this UDC as directed by the city manager. 510.09. General development review requirements. Subd. 1. Applicability. The requirements of this section shall apply to all development review applications and procedures subject to development review under this UDC, unless otherwise stated. Subd. 2. Applications. (a) Unless otherwise specified in this UDC, development review applications may be initiated by: (1) The planning commission or city council, where applicable; (2) The owner of the property that is the subject of the application; or 6.19 31 509575v8 AMB CR225-423 (3) The owner’s authorized agent. (b) Unless otherwise specified in this UDC, development review applications shall be submitted to and filed with the zoning administrator. (c) When an authorized agent files an application under this UDC on behalf of a property owner(s), the property owner(s) shall be required to sign the application. An application shall not be deemed complete if it is not signed by the owner(s). Subd. 3. Application submission schedule. The schedule for the submission of applications in relation to scheduled meetings of the review bodies shall be established by the zoning administrator and made available to the public. Such schedule shall be used for informational purposes only. The zoning administrator shall determine when an application shall be submitted to the planning commission or city council based upon the completeness of the application received by the city. Subd. 4. Application contents. (a) Applications required under this UDC shall be submitted using the application form established by the city. The materials and quantities to be submitted with each application are listed on each application form. (1) In addition to other requirements on the application form, applications to improve a property shall be accompanied by a certified survey completed by a land surveyor licensed by the State of Minnesota. (2) After the property improvement is completed, an as-built certified survey may also be required, including those situations where the location of improvements was changed since the application submittal. (b) Applications shall be accompanied by a fee as established by the city council. (1) No application may be deemed complete, processed, or considered until the established fee(s) has been paid. (2) Application fees are not refundable except where the zoning administrator determines that an application was submitted in error, or the fees paid exceed the amount due, in which case the amount of the overpayment shall be refunded to the applicant. (c) The zoning administrator shall review and make decisions on the completeness of an application as provided for in Minnesota Statutes, section 15.99. Subd. 5. Public notice. (a) For all applications for development review that are subject to public notice requirements under this UDC or any applicable law or rule, the zoning administrator shall prepare and provide to the public the required notice in compliance with this subdivision 5. 6.19 32 509575v8 AMB CR225-423 (b) Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum: (1) Identify the address or location of the property subject to the application and the name of the applicant or the applicant’s agent; (2) Indicate the date, time, and place of the public hearing; (3) Describe the land involved by street address, legal description, or the nearest cross street and project area (size); (4) Describe the nature, scope, and purpose of the application or proposal; (5) Identify the location (e.g., city hall) where the public may view the application and related documents; (6) Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; (7) Include a statement describing where written comments will be received prior to the public hearing; and (8) If applicable, indicate the date of the city council meeting at which the application will be considered. (c) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the zoning administrator shall make a formal finding as to whether there was substantial compliance with the notice requirements of this UDC, and such finding shall be made available prior to final action on the request. (d) When the records of the city document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section. (e) Unless otherwise expressly provided in state law or this UDC, notice, when required, shall be postmarked or published at least ten days prior to the hearing or action. (f) When the provisions of state law or this UDC require that notice be published, the zoning administrator shall be responsible for preparing the content of the notice and publishing such notice in the official newspaper of general circulation that has been selected by the city. 6.19 33 509575v8 AMB CR225-423 (g) When the provisions of this UDC require that written or mailed notice be provided, the zoning administrator shall be responsible for preparing and mailing the written notice as follows: (1) Written notice for planning commission hearings for development review applications as outlined in in this section shall, at minimum, be given to property owners within 500 feet of the outer boundaries of the subject property. (2) The notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the planning commission. (3) Written notice shall be postmarked no later than ten days prior to the meeting at which the item will be considered. (4) For a public hearing for approval of a telecommunications tower as provided in the Crystal city code, subsection 515.19 the required notice shall be given, at minimum, to property owners within a radius that is ten times the height of the proposed tower. 510.11. Summary of application and review procedure types. Subd. 1. General provisions. (a) The development review procedure type assigned to each development review application governs the decision-making process for that application. There are three types of decision-making procedures, each of which are described in this subsection. (b) Unless otherwise indicated within this UDC, all applications for permits or other approvals shall be submitted, in writing, to the zoning administrator. Subd. 2. Summary table of development review procedures by type of review. Table 1 summarizes the type of development review procedures permitted under this UDC and the Crystal city code, subsection 510.13 defines the applicable approval procedures, criteria, and submittal requirements. 6.19 34 509575v8 AMB CR225-423 Table 1: Development Review Procedures Type 1 Zoning Administrator Type 2 Planning Commission and Council Type 3 City Council Decision Recommend & Decision Decision Zoning Certificate X Site Plan Review X [1] X [1] Conditional Use Permit X Adjacent Parcel Land Conveyance X Lot Consolidation X Subd.– Prelim. Plat X Subd. – Final Plat X Comp Plan Amendment X Rezoning or Text Amend. X Variance X Appeals X Note: 1. A site plan review application is subject to either a Type 1 or Type 2 review, dependent upon the criteria in the Crystal city code, subsection 510.13. Subd. 3. Review procedures. (a) Type 1 review procedure. Type 1 review procedure decisions are made by the zoning administrator without public notice and without a public hearing. (1) Application submittal. The applicant shall submit a complete application to the zoning administrator in accordance with the Crystal city code, subsection 510.09. (2) Action by the zoning administrator. The zoning administrator shall render a decision to approve or deny an application in accordance with the timelines contained in this UDC. The zoning administrator shall provide a written decision on the application, delivered to the applicant. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 6.19 35 509575v8 AMB CR225-423 (3) Appeal. The decision by the zoning administrator may be appealed to the board of appeals and adjustments as provided in the Crystal city code, subsection 510.35. The board of appeal and adjustments shall hear the appeal and forward it, with a written recommendation, to the city council for a final decision. (b) Type 2 review procedure. Type 2 review procedure decisions are made by the city council after a recommendation is made by the planning commission at a public hearing. Type 2 review procedure decisions require both published and mailed notice as provided in this subsection. (1) Application submittal. The applicant shall submit an application, in writing, to the zoning administrator in accordance with the Crystal city code, subsection 510.09. (2) Review by the zoning administrator. The zoning administrator may consult with other city staff on the application. The zoning administrator shall provide the applicant with comments and changes that are required to be in compliance with the provisions of this UDC. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the planning commission meeting. (3) Notice and public hearing. After determining that an application contains all the necessary and required information, the zoning administrator shall place the application on the planning commission agenda, schedule a public hearing on the proposed request, and notify the public pursuant to the Crystal city code, subsection 510.09. (4) Preparation of staff report. The zoning administrator shall prepare a staff report providing an analysis of the proposal and a recommendation. The zoning administrator shall consider comments from other city staff in formulating the recommendation. The written staff report shall be forwarded to the planning commission and the contact person listed on the application form prior to the meeting at which the planning commission will consider the application. (5) Recommendation by planning commission. The planning commission shall hear and make a recommendation on the application in accordance with the following: (i) The planning commission shall consider the application at its public hearing. It shall consider comments by staff as appropriate, the presentation made by the applicant, and comments by interested parties. (ii) The planning commission shall consider this information and make a recommendation following the public hearing. If the planning commission so desires, it may continue the public hearing and/or table the item to allow for further review, so long as such action is in accordance with Minnesota Statutes, section 15.99. 6.19 36 509575v8 AMB CR225-423 (iii) The planning commission shall also consider the applicable decision criteria of this UDC and shall recommend approval, recommend approval with conditions, or recommend denial of an application, citing the specific reasons therefor. (6) Action by the city council. The city council shall consider and make the final decision on the application in accordance with the following: (i) After, the planning commission’s recommendation is made, the city council shall consider and act to approve the request, approve with conditions, or deny the request, citing the specific reasons therefor. (ii) The city council shall adopt findings and shall act upon the application in accordance with Minnesota Statutes, section 15.99. (7) Appeals. The decision of the city council is appealable to the district court within 30 days after the date of the decision. (c) Type 3 review procedure. Type 3 review procedure decisions are made by the city council at a public meeting that does not require a public hearing. (1) Application submittal. The applicant shall submit an application as provided in the Crystal city code, subsection 510.09. (2) Review by the zoning administrator. The zoning administrator may consult with other city staff on the application. The zoning administrator shall provide the applicant with comments and suggested changes that are required to be in compliance with the provisions of this UDC. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the city council meeting. (3) Preparation of staff report. The zoning administrator shall prepare a staff report providing an analysis of the proposal and a recommendation from staff. The zoning administrator shall consider comments from other city staff in formulating the recommendation. A written staff report shall be forwarded to city council, and the contact person listed on the application form, prior to the meeting at which the city council will consider the application. (4) Action by city council. The city council shall consider and act to approve the request, approve with conditions, or deny the request. (5) Appeals. The decision by the city council is appealable to the district court within 30 days after the date of the decision. 6.19 37 509575v8 AMB CR225-423 510.13. Specific development review procedure requirements. Each type of development review request under this UDC requires an application and is subject to its own review procedure as referenced below: (a) Zoning certificate. A request for a zoning certificate shall be submitted and processed in accordance with the Crystal city code, subsection 510.15; (b) Site plan review. A request for a site plan review shall be submitted and processed in accordance with the Crystal city code, subsection 510.17; (c) Conditional use permit. A request for a conditional use permit shall be submitted and processed in accordance with the Crystal city code, subsection 510.19; (d) Adjacent parcel conveyance. A request for an adjacent parcel conveyance shall be submitted and processed in accordance with the Crystal city code, subsection 510.21; (e) Lot consolidation. A request for a lot consolidation shall be submitted and processed in accordance with the Crystal city code, subsection 510.23; (f) Subdivision. A request for a subdivision shall be submitted and processed in accordance with the Crystal city code, subsection 510.25; (g) Comprehensive plan amendment. A request for a comprehensive plan amendment shall be submitted and processed in accordance with the Crystal city code, subsection 510.27; (h) Rezoning or text amendment. A request for a rezoning or text amendment shall be submitted and processed in accordance with the Crystal city code, subsection 510.29; (i) Rezoning to planned development overlay district. A request for a rezoning to planned development overlay district shall be submitted and processed in accordance with the Crystal city code, subsection 510.31; (j) Variance. A request for a variance shall be submitted and processed in accordance with the Crystal city code, subsection 510.33; (k) Appeal. A request for an appeal shall be submitted and processed in accordance with the Crystal city code, subsection 510.35; 510.15. Zoning certificate. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re- constructed, enlarged, or structurally altered, nor shall any land be used, excavated, or improved until a zoning certificate is issued. Subd. 2. Approval procedure. The zoning certificate application shall be submitted to the zoning administrator in accordance with the application guidelines of this UDC and is subject to a Type 1 review procedure. The following application types are subject to a zoning certificate review: (a) Accessory uses regulated as provided in the Crystal city code, subsection 515.21; 6.19 38 509575v8 AMB CR225-423 (b) Temporary uses regulated as provided in the Crystal city code, subsection 515.25; (c) Changes of use within an existing structure where the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the official zoning map and where no expansion of the building is included in the application; (d) New one-family and two-family dwellings or additions and modifications of such uses; and (e) Site plans that meet the requirements of the Crystal city code, subsection 510.17, subdivision 2 for a Type 1 review. Subd. 3. Approval criteria. The application shall demonstrate full compliance with the applicable requirements of this UDC. Subd. 4. Effect of zoning certificate approval. (1) The zoning certificate must be issued prior to or concurrent with the city’s issuance of a building permit. (2) If landscaping is required as part of the zoning certificate approval, and the applicant is not able to install the landscaping prior to or concurrent with the issuance of the certificate of occupancy, the applicant shall submit a cash escrow to secure the completion of the landscaping. Subd. 5. Expiration. (1) A zoning certificate shall become void after one year from the date of issuance if a building permit has not been issued. (2) The zoning administrator may approve one extension of not more than one year. 510.17. Site plan review. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re- constructed, enlarged, or structurally altered, nor shall any land be used, excavated or improved until a site plan is approved. Subd. 2. Approval procedure. A site plan review application shall be submitted to the zoning administrator in accordance with the application criteria of this UDC. If an applicant is submitting a conditional use permit application as provided in the Crystal city code, subsection 510.19, the conditional use permit and site plan review application shall be reviewed concurrently without the need for an additional application fee. (a) Site plans for the following construction requires approval of a zoning certificate review subject to a Type 1 review procedure as established in this UDC: (1) Expansion of an existing parking lot footprint of less than 25 percent; 6.19 39 509575v8 AMB CR225-423 (2) Additions to nonresidential buildings of less than 50 percent of the building footprint. (b) Site plans for the following construction requires approval through a Type 2 review procedure as established in this UDC: (1) New multi-family dwellings, or additions thereto, of three units or more; (2) New nonresidential structures; (3) Additions to nonresidential structures of greater than 50 % of the building footprint; (4) Expansion of an existing parking lot footprint by more than 25 percent; and (5) New parking structures. (c) Approval criteria. No site plan review application shall be approved unless it meets the following criteria: (1) It fully complies with all applicable requirements of this UDC; (2) It adequately protects residential uses from the potential adverse effects of a non- residential use; (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. (1) After a site plan has been approved through a Type 2 procedure, the applicant may request approval of adjustments or rearrangements of buildings in the course of carrying out the plan. If the amendment involves changes to 10 percent or less of the original floor area, not to exceed 500 square feet, the zoning administrator may approve the amendment after a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. If the amendment involves changes greater than 10 percent of the original floor area or exceeds 500 square feet, the amendment will be subject to a Type 2 review procedure. (2) The zoning administrator may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting, surface water management plans, or similar modifications subject to a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. (e) Effect of city council decision of site plans approved through a Type 2 procedure. (1) Site plan approval shall expire one year from the date of approval unless the applicant has applied for and received a building permit. 6.19 40 509575v8 AMB CR225-423 (2) The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (i) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (ii) The anticipated completion date. (3) If required as a condition of approval of the site plan, the applicant shall sign a site improvement agreement with the city prior to the expiration date to guarantee completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit shall be submitted with the signed agreement before site improvements commence to secure the completion of the improvements. Upon completion of the work and acceptance by the city, the escrow deposit shall be released, except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 510.19. Conditional use permit. Subd. 1. Applicability. Conditional uses are those uses which have been identified, because of special requirements or characteristics, that may only be allowed in a particular zoning district after an application, review and recommendation by the planning commission and approval by the city council Subd. 2. Approval procedure. Conditional use permits in all zoning districts shall be subject to the Type 2 review procedure. Subd. 3. Conditional use standards. Conditional uses may be subject to use-specific regulations as established in this UDC. Subd. 4. Approval criteria. No conditional use permit application may be approved unless the following criteria have been satisfied: (a) The proposed use has been approved as a conditional use in the zoning district for which it is proposed; (b) The conditional use will be in accordance with the general objectives, or with any specific objective, of the city’s comprehensive plan and this UDC; (c) The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6.19 41 509575v8 AMB CR225-423 (d) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses; (e) Parking is adequately provided for the proposed conditional use; (f) Conditional uses in the Floodplain overlay district are also subject to the conditional use regulations as provided in the Crystal city code, subsection 515.09; and (g) In the approval of a conditional use permit, the city council may impose such conditions as it determines is necessary to make the use compatible with other uses allowed in the same district zone or vicinity. Subd. 5. Amendments to an approved conditional use permit. Approved conditional use permits may only be amended upon the classification and review of the proposed amendment as follows: (a) Minor amendments. Minor amendments shall include changes in the site design of the applicable property that do not affect neighborhood compatibility or the public health, safety or welfare, and that do not violate any of the provisions of this UDC or the conditions attached to the conditional use permit. The zoning administrator may review and make a decision on a minor amendment, and consult with other city staff members as part of a Type 1 review procedure. (b) Major amendments. Major amendments shall include all changes that are not classified as minor amendments above and shall be subject to a Type 2 review procedure. Subd. 6. Accessory uses to a conditional use. Uses and structures that are accessory to a conditional use shall be allowed as provided in the Crystal city code, subsection 515.21 of this UDC, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 7. Effect of city council decision. (a) A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. (b) If a site plan was approved as part of the conditional use permit, the permit shall expire one year from the date of approval unless the applicant has applied for and received a building permit. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. 6.19 42 509575v8 AMB CR225-423 (c) An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. (d) If required as a conditional of approval of the site plan for the conditional use permit, the applicant shall sign a site improvement agreement with the city prior to the expiration date to secure the completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit shall be submitted with the signed agreement before site improvements commence. Upon completion of the work and acceptance by the city, the escrow deposit shall be released except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 510.21. Adjacent parcel land conveyance. Subd. 1. Purpose. The purpose of the procedure is to allow for the conveyance of small, non-buildable areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a subdivision plat. Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a lot is conveyed to an adjacent lot. Subd. 3. Approval procedure. An adjacent parcel land conveyance shall be subject to the Type 1 review procedure. Subd. 4. Approval criteria. All of the following criteria shall be considered and met in the review of adjacent parcel land conveyance: (a) The land conveyance will not create any new nonconformities beyond those that existed prior to the application and which will not be corrected by the adjustment; (b) The land conveyance is in compliance with the requirements of this UDC; and (c) The parcel being conveyed shall not be a buildable parcel according to the dimensional requirements of the zoning district in which the parcel is located. (d) The applicant is not required to comply with the park dedication requirements as provided for in the Crystal city code, subsection 525.05 for a subdivision. 6.19 43 509575v8 AMB CR225-423 510.23. Lot consolidation. Subd. 1. Applicability. A lot consolidation shall meet the following requirements. If these requirements are not met, the property owner will be required to apply for a subdivision application as provided in the Crystal city code, subsection 510.25. (a) All parcels resulting from the lot consolidation shall have frontage and access on an existing improved street and shall not require the construction of any new street. (b) Any such consolidation shall not require any public improvements, with the exception of sidewalks, bike paths or trails, and does not include conveyance of an interest in real property to the city. Subd. 2. Approval procedure. (a) Lot consolidations shall be submitted in writing to the zoning administrator and shall be subject to the Type 3 review procedure. The city council will consider approval of a final plat as part of that review procedure. (b) In addition to the review procedure set forth above, all lot consolidation applications shall be submitted to the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the application. Subd. 3. Approval criteria. All of the following criteria shall be considered in the review of lot consolidations: (a) The consolidation must be in general compliance with the comprehensive plan; (b) The consolidation must meet the purpose and intent of this UDC; (c) Unless prior or concurrent approval of a variance is granted, any such consolidation shall result in lots that meet the dimensional requirements for the zoning district in which the property is located, or shall not further increase the nonconformity of any lot dimension or structure; and (d) The applicant is not required to comply with the park dedication requirements as provided in the Crystal city code, subsection 525.05 as required for a subdivision. 510.25. Subdivisions. Subd. 1. Applicability. The review of a subdivision is divided into two distinct steps, which are preliminary plat approval and final plat approval consistent with Minnesota Statutes, chapter 505. Subd. 2. Preliminary plat approval. (a) Approval procedure. Preliminary plats shall be submitted in writing to the zoning administrator and shall be subject to the Type 2 review procedure. 6.19 44 509575v8 AMB CR225-423 (b) State and county review. In addition to the review procedure set forth above, all preliminary plat applications shall be submitted to the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the preliminary plat submission. (c) Approval criteria. The planning commission and city council shall consider the following criteria in the review of a preliminary plat: (1) The proposed subdivision must be in full compliance with the provisions of this UDC; (2) The proposed subdivision must be in accordance with the objectives of the city’s comprehensive plan; and (3) The physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and sedimentation, susceptibility to flooding, water storage, and retention, must be such that the site is suitable for the type o f development or use contemplated; (d) Effect of the city council’s decision. No construction or other development activities shall take place on the site until the final plat and, if applicable, a development agreement are approved by the city council, except that grading may occur if a grading permit has been issued by the city. (e) Expiration of preliminary plat approval. Unless the city council specifically approves a different time period as part of the preliminary plat approval, the approval of a preliminary plat shall expire one year from the date it was approved. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than two years. Such written request shall include the following: (1) An explanation for why a final plat has not been applied for; (2) An explanation of what, if any, good faith efforts have been made to complete the platting process; and (3) The anticipated completion date. Subd. 3. Construction drawings approval. Construction drawings for any proposed installation of public infrastructure shall be submitted to the city engineer at the time of the final plat submission. These drawings must be approved by the city engineer as part of the final plat approval. Subd. 4. Final plat approval. (a) Approval procedure. Final plats shall be submitted in writing to the zoning administrator and shall be subject to the Type 3 review procedure. 6.19 45 509575v8 AMB CR225-423 (b) Approval criteria. The city council shall consider the following in the review of a final plat: (1) Construction drawings have been submitted to, reviewed and approved by the city engineer; (2) If applicable, a development agreement in a form acceptable to the city must have been prepared and executed as part of the final plat application; (3) Whether the final plat is in substantial compliance with the approved preliminary plat and any conditions on the preliminary plat approval, and whether any changes of note were reported to the city council; and (4) The final plat must comply with all other applicable standards in this UDC and state law including Minnesota Statutes, chapter 505 as applicable. (c) Effect of the city council’s decision. If the final plat is approved and signed by the mayor and city clerk, the applicant shall record the final plat within six months with the county recorder. No changes, erasures, modifications or revisions shall be made to any final plat after approval has been given by the city council and endorsed by the mayor and city clerk in writing on the plat. If the plat is not recorded with the county within six months, the city council’s approval of the final plat shall be automatically revoked. 510.27. Comprehensive plan amendment. Subd. 1. Applicability. This subsection outlines the procedural requirements for the amendment of the comprehensive plan. An amendment of the comprehensive plan may be initiated by the city council, planning commission, city staff, or a Crystal property owner. Subd. 2. Approval procedure. Amendments to the comprehensive plan shall be subject to the Type 2 review procedure. Subd. 3. Approval criteria. The planning commission and city council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the amendment based on, but not limited to, consideration of the following criteria: (a) Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the adoption of the comprehensive plan; (b) Whether the proposed amendment is consistent with the policy foundation of the comprehensive plan; and (c) Whether the proposed amendment will be compatible with the adjacent land uses of the property in question. 510.29. Rezoning or text amendments. 6.19 46 509575v8 AMB CR225-423 Subd. 1. Applicability. This subsection outlines the procedural requirements for the amendment of the text of this UDC or the official zoning map. A rezoning request to rezone to the planned development overlay district shall be submitted and processed as provided in the Crystal city code, subsection 510.31. An amendment to the text of this UDC or the official zoning map may be initiated by the planning commission, the city council, proposed by city staff, or initiated by the property owner or authorized agent of property for which the amendment is sought by submitting an application, in writing, to the zoning administrator. Subd. 2. Approval procedure. Amendments to the text of this UDC or official zoning map shall be subject to the Type 2 review procedure. In the case of a rezoning to the PD overlay district as provided in the Crystal city code, subsection 510.31, the applicant shall submit a site plan for the proposed project. Subd. 3. Approval criteria. The planning commission and city council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the application based on, but not limited to, consideration of the following criteria: (a) The specific policies and recommendations of the comprehensive plan and other city plans; (b) The purpose and intent of this UDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district; and (c) If applicable, the adequacy of a buffer or transition provided between potentially incompatible districts. 510.31. Rezoning to planned development overlay district (PD). Subd. 1. Approval. Approval of a rezoning to PD and approval of a site plan that is in conformance with the Crystal city code, subsection 515.13 is subject to the approval procedures of this subsection. Approval of a rezoning to PD is also subject to the relevant requirements in the Crystal city code section 510.29. Subd. 2. Effect of city council decision. (a) The approval of a rezoning to a PD overlay district shall expire one year from the date of approval unless the applicant has applied for and received a building permit. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (b) If the rezoning to a PD expires and the applicant has not received approval of an extension, the city council may rezone the property to the original zoning classification 6.19 47 509575v8 AMB CR225-423 at the time of the PD application or to a zoning classification consistent with the comprehensive plan designation for the property. (c) A rezoning to a PD overlay district may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. 510.33. Variance. Subd. 1. Applicability. A variance is a modification or variation of the provisions of this UDC as applied to a specific piece of property. Pursuant to the procedures provided in Minnesota Statutes, section 462.357, use variances are prohibited. Subd. 2. Approval procedure. Variance applications shall be submitted, in writing, to the zoning administrator and are subject to a Type 2 review procedure. Subd. 3. Approval criteria. (a) Pursuant to Minnesota Statutes, section 462.357, subdivision 6, as it may be amended from time to time, the board of adjustments and appeals may only grant approval of variances where practical difficulties exist as to strict compliance with this UDC and each of the following criteria are satisfied: (1) The variance is in harmony with the general purposes and intent of this UDC; (2) The variance is consistent with the Comprehensive Plan; (3) The property owner proposes to use the property in a reasonable manner not permitted by this UDC; (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (5) The variance, if granted, will not alter the essential character of the locality. (b) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (c) Variances shall be granted for earth shelter construction as defined in Minnesota Statutes, section 216C.06, subdivision 14, when in harmony with this UDC. (d) Variances in the floodplain overlay district are also subject to the variance regulations as provided in the Crystal city code, subsection 515.09. Subd. 4. Conditions. The city council may impose reasonable conditions on the approval of variances to ensure compliance and to protect adjacent properties. All such conditions shall be directly related to and bear a rough proportionality to the impact created by the variance. 6.19 48 509575v8 AMB CR225-423 510.35. Appeals. Subd. 1. Applicability. This subsection sets out the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision of the zoning administrator or other city staff. Subd. 2. Approval procedure. Appeals shall be submitted, in writing, to the zoning administrator within 30 days of the date of the order or decision being appealed. The written appeal must identify the order or decision being appealed, explain the basis for the appeal, and identify the specific relief being requested. Appeals shall be subject to the Type 2 review procedure. Subd. 3. Approval criteria. An order, requirement, decision, or determination shall not be reversed or modified unless there is competent material, and substantial evidence in the record that the order, requirement, decision, or determination fails to comply with either the procedural or substantive requirements of this UDC, state law, or federal law. 510.37. Enforcement and penalties. Subd. 1. Enforcement. This UDC shall be administered and enforced by the zoning administrator, who may institute appropriate actions or proceedings against a violation as provided by statute, charter, or code. In the event of a violation or a threatened violation, the city may, in addition to any other remedies available to it under law, institute such criminal or civil actions or proceedings as it deems appropriate to prevent, restrain, correct, or abate such violation or threatened violation. The institution of one type of action shall not preclude the city from pursuing any other type of action. Subd. 2. Penalties. A violation of any provision of the UDC is punishable as a misdemeanor. Any person who violates any of the provisions of this UDC shall, upon conviction thereof, be fined not more than $1,000 for each offense, or imprisoned for not more than 90 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. 6.19 49 509575v8 AMB CR225-423 Section 515 Zoning Districts and Use Regulation 515.01. Official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The official zoning map shall be on file with the city clerk. 515.03. Establishment of zoning districts. (a) Established. The zoning classifications and zoning districts specified in Table 2 are hereby established within the city to carry out the purposes of this UDC. Table 2: Zoning Districts Abbreviation District Name BASE ZONING DISTRICTS R1 Low Density Residential District R2 Medium Density Residential District R3 High Density Residential District C Commercial District I Industrial District AP Airport District OVERLAY ZONING DISTRICTS FP Floodplain Overlay District SL Shoreland Overlay District PD Planned Development Overlay District TD Transit-Oriented Development Overlay District (b) Relationship of overlay districts to base districts. (1) Where land is classified into an overlay zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing the underlying base district, unless otherwise noted. In the event of a conflict between the standards of the overlay district and the base district, the standards governing the overlay district shall control. (2) In some instances land may be classified into multiple overlay districts. In the event of a conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply. (c) Zoning district boundaries. (1) Zoning district boundary lines follow lot lines, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this UDC. 6.19 50 509575v8 AMB CR225-423 (2) Appeals concerning the exact location of a zoning district boundary line shall be reviewed according to the appeals procedure as provided in the Crystal city code, subsection 510.35. (3) When any street, alley or other public right-of-way is vacated by official action of the city, the zoning classification of land abutting the center line of said alley or other public right-of-way shall not be affected by such proceedings, nor shall the district boundary be affected thereby. (4) The boundary for the floodplain overlay district are as provided in the Crystal city code, subsection 515.09: 27053C0192F 27053C0194F 27053C0203F 27053C0204F 27053C0211F 27053C0212F 27053C0213F 27053C0214F 515.05. Base zoning districts. The base zoning districts are as provided below: Subd. 1. R-1 Low density residential district. (a) Purpose. The purpose of the R-1 Low density residential district is to provide for detached one-family residential dwellings and directly related complimentary uses on a limited basis. Densities are to be no more than six dwellings per gross acre. As part of the approval process for a particular development, the city council may set the maximum density at some figure less than six dwellings per acre, depending on the character of the surrounding area and the potential for negative impacts on the community. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the R1 district. (c) Other development standards. In addition to the standards established for the R1 district in this section, all development shall be subject to all other applicable standards in as provided in the Crystal city code, section 520. Subd. 2. R-2 Medium density residential district. (a) Purpose. The purpose of the R-2 Medium density residential district is to provide for attached or detached one-family dwellings, two-family dwellings, multiple-family buildings, and directly related, complimentary uses, together with limited commercial uses as provided herein. In accordance with the comprehensive plan, densities are to be no less than six and no more than 16 dwellings per gross acre. As part of the approval process for a particular development, the city council may set the maximum density at a specific figure within the range established by the comprehensive plan, depending on the character of the surrounding area and the potential for negative impacts on the community. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the R2 district. 6.19 51 509575v8 AMB CR225-423 (c) Other development standards. In addition to the standards established for the R2 district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. 3. R-3 High density residential district. (a) Purpose. The purpose of the R-3 High density residential district is to provide for multiple family buildings and directly related, complimentary uses, together with limited commercial uses as provided herein. In accordance with the comprehensive plan, densities are to be no less than 16 and no more than 40 dwellings per gross acre. As part of the approval process for a particular development, the city council may set the maximum density at a specific figure within the range established by the comprehensive plan, depending on the character of the surrounding area and the potential for negative impacts on the community. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the R3 district. (c) Other development standards. In addition to the standards established for the R3 district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. 4. C Commercial district. (a) Purpose. The purpose of the C-Commercial district is to provide for commercial and service activities which draw from and serve customers from the entire community. Motor vehicle-oriented uses shall be limited to certain designated corridors. Regulations shall protect those residential uses near commercial uses from negative impacts. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the Commercial district. (c) Other development standards. In addition to the standards established for the Commercial district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. 5. I Industrial District. (a) Purpose. The purpose of the I Industrial district is to provide for industrial development such as warehousing and manufacturing, with office and retail allowed as limited accessory uses. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the Industrial district. 6.19 52 509575v8 AMB CR225-423 (c) Other development standards. In addition to the standards established for the Industrial district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. 6. AP Airport district. (a) Purpose. The purpose of the AP airport district is to accommodate the continued operation of the Crystal Airport in accordance with the city’s Comprehensive Plan. Additions to existing buildings and construction of new buildings on airport property shall be permitted so long as they comply with the standards established in this UDC. (b) Site development standards. Those standards as provided in the Crystal city code, subsection 520.03 shall constitute as the site development standards that apply to the AP district. (c) Other development standards. In addition to the standards established for the AP District in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. 515.07. Overlay zoning districts. The overlay districts are as provided below: (a) Floodplain overlay district. The floodplain overlay district is subject to the Crystal city code, subsection 515.09 (b) Shoreland overlay district. The shoreland overly district is subject to the Crystal city code, subsection 515.11 (c) Planned development overlay district. The planned development overlay district is subject to the Crystal city code, subsection 515.13 (d) Transient-oriented development overlay district. The transient-oriented development overlay district is subject to the Crystal city code, subsection 515.15. 515.09. Floodplain overlay district (FP). Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Subd. 2. Purpose. (a) This subsection regulates development in the flood hazard areas of the City. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this subsection to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (b) National flood insurance program compliance. This subsection is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 6.19 53 509575v8 AMB CR225-423 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program. (c) Preservation. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. Subd. 3. General provisions. This subsection adopts the floodplain maps applicable to the City and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain (collectively, “Flood Districts”). (a) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards as provided in the Crystal city code, subsection 515.13 shall apply, depending on the location of a property. (b) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards shall apply unless the floodway boundary is determined. Once the floodway boundary is determined, the Flood Fringe District standards may apply outside the floodway. (c) Lands to which this subsection applies. This Floodplain Overlay subsection applies to all lands within the jurisdiction of the City shown on the city’s zoning map and/or the attachments to the map as being located within the boundaries of the Flood Districts. (d) The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this subsection. In case of a conflict, the more restrictive standards will apply. (e) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the zoning map of Crystal, Minnesota and this subsection. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file at Crystal city hall. The Effective Flood Insurance Rate Map panels are as follows: 27053C0192F 27053C0194F 27053C0203F 27053C0204F 27053C0211F 27053C0212F 27053C0213F 27053C0214F (f) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood 6.19 54 509575v8 AMB CR225-423 plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (g) Interpretation. The boundaries of the Flood Districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the City’s zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Appeals and Adjustments and to submit technical evidence. (h) Warning and disclaimer of liability. This subsection does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This subsection does not create liability on the part of the City or its officers or employees for any flood damages that result from reliance on this subsection or any administrative decision lawfully made hereunder. (i) Annexations. The Flood Insurance Rate Map panels adopted by reference into Subdivision 2 above may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this subsection. If any of these floodplain land areas are annexed into the City after the date of adoption of this subsection, the newly annexed floodplain lands will be subject to the provisions of this subsection immediately upon the date of annexation. (j) Detachments. The Flood Insurance Rate Map panels adopted by reference as provided in the Crystal city code, subsection 515.03, above shall include all floodplain areas which lie inside the corporate boundaries of municipalities at the time of adoption of this subsection. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City after the date of adoption of this subsection, the newly detached floodplain lands will be subject to the provisions of this subsection immediately upon the date of detachment. Subd. 4. Establishment of flood districts. (a) Flood districts. (1) Floodway district. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map as adopted by reference in the Crystal city code, subsection 515.03. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. 6.19 55 509575v8 AMB CR225-423 (2) Flood fringe district. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map as adopted by reference in the Crystal city code, subsection 515.03, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. (3) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map as adopted by reference in the Crystal city code, subsection 515.03. (b) Applicability. Within the Flood Districts established in this subsection, the use, size, type and location of development must comply with the terms of this subsection and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses as provided in the Crystal city code, section 515 are prohibited. In addition, critical facilities, as defined in the Crystal city code, section 505, subdivision 36 are prohibited in all Flood Districts. Subd. 5. Floodway district (FW). (a) Permitted uses. The following uses, subject to the standards set forth herein, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, parking areas, and airport landing strips. (3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. (b) Standards for floodway permitted uses. (1) The use must have a low flood damage potential. 6.19 56 509575v8 AMB CR225-423 (2) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (3) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures as provided in the Crystal city code, subsection 510.09 and further subject to the standards set herein, if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to the permitted uses listed in the Crystal city code subsection 515.09, subdivision 5(a) (1 to 3), above, and the uses listed in paragraphs (2) and (3) of this subsection. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Storage yards for equipment, machinery, or materials. (5) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined herein, are permitted uses. (6) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (d) Standards for floodway conditional uses. (1) All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (i) Fill; storage of materials and equipment. (A) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (B) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (C) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures 6.19 57 509575v8 AMB CR225-423 removal of the materials from the floodway based upon the flood warning time available. (ii) Accessory structures. Accessory structures, as identified in subsection 515.09, subd. 5(c)(1) may be permitted, provided that: (A) buildings are not intended for human habitation. (B) structures will have a low flood damage potential. (C) structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters. (D) Service utilities, such as electrical and heating equipment, within these buildings must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (E) Buildings must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed buildings must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (F) As an alternative, an accessory building may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory building constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (I) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the building, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (II) There must be openings on at least two sides of the building and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the building. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (III) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, section 103G.245. (IV) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6.19 58 509575v8 AMB CR225-423 (V) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. 6. Flood fringe district (FF). (a) Permitted uses. Permitted uses are those uses of land allowed in the underlying zoning district(s) that comply with the standards in paragraph b, below. (b) Standards for flood fringe permitted uses. (1) All buildings, including accessory buildings, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for buildings must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the building. (2) Accessory buildings. As an alternative to the fill requirements of Subdivision 6 (b) (1), buildings accessory to the uses identified in subdivision 6(a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (3) the accessory building constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (4) All portions of floodproofed accessory buildings below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation. (5) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (i) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the building, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) There must be openings on at least two sides of the building and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the building. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (iii) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a building in accordance with Subdivision 6(b)(1) above or if allowed as a conditional use under Subdivision 6(c) below. 6.19 59 509575v8 AMB CR225-423 (iv) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (v) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (vi) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (vii) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (viii) All new principal buildings must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City. (ix) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (x) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. (xi) Manufactured homes and recreational vehicles must meet the standards of subdivision 10 of this subsection. (c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subdivision 13 of this subsection. (1) Any structure that is not elevated on fill or floodproofed in accordance with Subdivision 6(b) (1 and 2) of this subsection. (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a building in accordance with Subdivision 6(b)(1) of this subsection. (d) Standards for flood fringe conditional uses. The standards listed in Subdivision 6(b) (4) through 6(b)(10) apply to all conditional uses. 6.19 60 509575v8 AMB CR225-423 (1) Basements, as defined by the Crystal city code, section 505, subdivision 17, are subject to the following: (i) Residential basement construction is not allowed below the regulatory flood protection elevation. (ii) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subdivision 6(d)(2) of this subsection. (2) All areas of nonresidential buildings, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the building watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (3) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a building to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. (iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (4) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. Subd. 7. General floodplain district (GF). (a) Permitted uses. (1) The uses listed in Subdivision 5(a) of this subsection, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subdivision 7(b) below. Subdivision 5 applies if the proposed use is determined to be in the Floodway District. Subdivision 6 applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for floodway and flood fringe determinations. 6.19 61 509575v8 AMB CR225-423 (1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. (2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subdivision 7(b)(3) below. (3) The determination of floodway and flood fringe must include the following components, as applicable: (i) Estimate the peak discharge of the regional (1% chance) flood. (ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (iii) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. (4) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. (5) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subdivisions 5 and 6 of this subsection. Subd. 8. Land development standards. (a) In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City. (b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this subsection. 6.19 62 509575v8 AMB CR225-423 (1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. (2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. (3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (4) In the General Floodplain District, applicants must provide the information required in Subdivision 7(b) of this subsection to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (5) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal shall be reviewed to assure that: (i) All such proposals are consistent with the need to minimize flood damage within the flood prone area. (ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage. (iii) Adequate drainage is provided to reduce exposure of flood hazard. (c) Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the building resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) Constructed with materials and utility equipment resistant to flood damage. (3) Constructed by methods and practices that minimize flood damage. (4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6.19 63 509575v8 AMB CR225-423 Subd. 9. Public utilities, railroads, roads, and bridges. (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subdivisions 5 and 6 of this subsection. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On-site water supply. Where public utilities are not provided on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended. Subd. 10. Manufactured homes, manufactured home parks, and recreational vehicles. (a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: (1) Placement or replacement of manufactured home units is prohibited in the Floodway District. (2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subdivision 6 of this subsection and the following standards. (i) New and replacement manufactured homes must be elevated in compliance with Subdivision 6 of this subsection and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (ii) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subdivision 6(b)(5)(viii). Subd. 11. Administration. (a) Permit requirements. 6.19 64 509575v8 AMB CR225-423 (1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (i) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this subsection. (ii) The use or change of use of a building, structure, or land. (iii)The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this subsection. (iv) The change or extension of a nonconforming use. (v) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (vi) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (vii) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (viii) Any other type of “development” as defined in this subsection. (b) Application for permit. Permit applications must be submitted to the zoning administrator on forms provided by the zoning administrator. The permit application must include the following as applicable: (1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (2) Location of fill or storage of materials in relation to the stream channel. (3) Copies of any required municipal, county, state or federal permits or approvals. (4) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (c) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until approval has been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this subsection. (d) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this subsection. Floodproofing measures must be certified by a registered professional engineer or registered architect. 6.19 65 509575v8 AMB CR225-423 (e) Record of first floor elevation. The zoning administrator must maintain a record of the elevation of the lowest floor (including basement) of all new buildings and alterations or additions to existing structures in the floodplain. The zoning administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (f) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a stream, the zoning administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (g) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. Subd. 12. Variances. (a) Variance applications. An application for a variance to the provisions of this subsection will be processed and reviewed in accordance with applicable state statutes and as provided in the Crystal city code, subsection 510.33. (b) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (c) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (1) Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (2) Variances may only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Flood insurance notice. The zoning administrator must notify the applicant for a variance that: 6.19 66 509575v8 AMB CR225-423 (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (e) General considerations. The City Council may consider the following factors in granting or denying variances and imposing conditions on variances and conditional uses in floodplains: (1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions. (4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services to be provided by the proposed use to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of viable alternative locations for the proposed use that are not subject to flooding. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (f) Submittal of hearing notices to the department of natural resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 6.19 67 509575v8 AMB CR225-423 (g) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (h) Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. Subd. 13. Conditional uses. (a) Administrative review. An application for a conditional use permit under the provisions of this subsection will be processed and reviewed as provided in the Crystal city code, subsection 510.19. (b) Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this subsection, and those factors identified in Subdivision 12(e). (c) Conditions attached to conditional use permits. The City Council may attach such reasonable conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this subsection. Such conditions may include, but are not limited to, the following: (1) Modification of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (d) Floodproofing measures, in accordance with the State Building Code and this subsection. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (e) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The zoning administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (f) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 14. Nonconformities. 6.19 68 509575v8 AMB CR225-423 (a) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this subsection but which is not in conformity with the provisions of this subsection may be continued subject to the following conditions, except that historic structures, as defined in the Crystal city code, subsection, 505.05, subdivision 163. (1) No expansion. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subdivision 14(a)(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) Additions. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subdivision 14(a)(3) and Subdivision 14(a)(7) below. (3) Substantial improvements. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subdivision 5 and 6 of this subsection for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. (4) Discontinuance. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subsection. If the county assessor becomes aware of nonconformities that have been discontinued for a period of more than one year, they will let the city know of these instances in writing. (5) Substantial damage. If any nonconformity is substantially damaged, as defined in the Crystal city code, subsection 505.03, subdivision 162, it may not be reconstructed except in conformity with the provisions of this subsection. The applicable provisions for establishing new uses or new structures in Subdivisions 5 or 6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) Repetitive loss. If any nonconforming use or structure experiences a repetitive loss, as defined in the Crystal city code, subsection 505.03 subdivision 133, it must not be reconstructed except in conformity with the provisions of this subsection. (7) Substantial improvement. Any substantial improvement, as defined in the Crystal city code, subsection 505.03, subdivision 163, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of 6.19 69 509575v8 AMB CR225-423 Subdivision 5 or 6 of this subsection for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subd. 15. Amendments. (a) Floodplain designation; restrictions on removal. The floodplain designation on the city’s zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (b) Amendments require DNR approval. All amendments to this subsection must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in the Crystal city code, subsection 515.03. 515.11. Shoreland overlay district. Reserved. 515.13. Planned development overlay district (PD). Subd. 1. Purpose. The purpose of the planned development overlay district (PD) district is to provide a district which will encourage the following: (a) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development. (b) Provision of housing affordable to all income groups. (c) Energy conservation through the use of more efficient building designs and sitings, and the clustering of buildings and land uses. (d) Preservation of desirable site characteristics and open space, and protection of sensitive environmental features, including steep slopes, poor soils and trees. (e) More efficient and effective use of land, open space and public facilities through mixing of land uses, and assembly and development of land in larger parcels. (f) In exchange for relaxing site development standards such as building setbacks or height, or subdivision standards such as street widths, the city receives a development that has a high quality of design, compatible with surrounding land uses. (g) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (h) Development which is consistent with the comprehensive plan. 6.19 70 509575v8 AMB CR225-423 Subd. 2. Uses. Within the PD district all permitted uses and accessory uses of the underlying zoning district are allowed. As part of the flexibility allowed in the PD district, the city council may, but is not obligated to, allow uses with the PD site that are only allowed in other zoning districts. Uses allowed by conditional use permit must be reviewed for compliance with the PD site plan and with the applicable conditional use permit standards in this UDC. Subd. 3. Development standards. Within the PD district all development must be in compliance with the following: (a) Each PD must have a minimum area of two acres, excluding areas within a public right- of-way, designated wetland or floodplain overlay district, unless the applicant can demonstrate the existence of one or more of the following: i) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PD will conserve a physical or topographic feature of importance to the neighborhood or community. ii) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PD and will be perceived as and will function as an extension of that previously approved development. iii) The property is located in a transitional area between different land use categories or it is located on an arterial street as defined in the comprehensive plan. (b) If a particular PD would provide an extraordinary benefit to the community, or if a PD site has extraordinary characteristics that make development difficult, the city council may approve a density of up to 10% more than the maximum identified in the comprehensive plan. (c) A PD site may have more than one principal building or multiple land uses in accordance with subdivision 2 of this subsection. (d) A residential PD or residential area of a mixed use PD must provide a minimum of 10% of the gross project area in private recreational uses for project residents. Such area must be developed and used for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. This requirement may be waived if the city council finds that adequate recreational opportunities are available sufficiently near the PD to make this requirement duplicative, or if the PD is too small for this requirement to be feasible. (e) The development standards as provided in the Crystal city code, section 520 and the signage requirements as provided in the Crystal city code, section 530, apply to a PD as deemed appropriate by the city. Subd. 4. Amendments to the PD overlay district. An approved site plan for a PD overlay district may only be amended upon the classification and review of the proposed amendment as provided in this subsection. (a) Minor Amendments. 6.19 71 509575v8 AMB CR225-423 (1) Minor amendments shall include changes in the site design of the applicable property that do not affect neighborhood compatibility or the public health, safety or welfare, and that do not violate any of the provisions of this UDC or the conditions attached to approval of the site plan. (2) Minor amendments are subject to a Type 1 review procedure. (3) The zoning administrator may determine that a proposed minor amendment qualifies as a major amendment, requiring a Type 2 review procedure as provided in subdivision 4 of this subsection. (b) Major Amendments. Major amendments shall include all changes that are not classified as minor amendments above and shall be subject to a Type 2 review procedure. A major amendment may include: (1) A substantial alteration of the location of buildings, parking areas or roads; (2) An increase or decrease in the number of residential dwelling units by more than 5%; (3) An increase of the gross floor area of non-residential buildings by more than 5% or an increase of the gross floor area of any individual building by more than 10%; (4) An increase in the number of stories of any building; (5) A decrease in the amount of open space by more than 5% or an alteration which changes its original design or intended use; or (6) The creation of non-compliance with any special condition attached to the approval of the site plan. 515.15. Transit oriented development overlay district. Reserved. 515.17. Permitted principal uses. Subd. 1. General provisions. Table 3 lists the principal uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district. Subd. 2. Explanation of table of permitted uses. (a) Organization of table. Table 3 organizes the uses by use categories and use types. (1) Use categories. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, commercial, etc.). The use classifications then organize land uses and activities into specific “use types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. 6.19 72 509575v8 AMB CR225-423 (2) Use types. The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, one-family or two-family are some of the specific use types that fall under the “household living” use category. (b) Symbols in table. The symbols used in Table 3 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 3. Permitted uses are subject to all other applicable standards of this UDC; (2) Conditional uses (C). A “C” in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use- specific standards set forth in the final “use-specific standards” column of Table 3 and approval of a conditional use permit in accordance with the Crystal city code, subsection 510.19. Conditional uses are subject to all other applicable standards of this UDC. (3) Prohibited uses (--). A cell with a “--" indicates that the listed use type is prohibited in the respective zoning district. (4) Use-specific standards. The “use-specific standards” column of Table 3 cross- reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. (5) Unlisted uses. If an application is submitted for a use that is not listed in Table 3, the zoning administrator is authorized to classify the new or unlisted use, with consultation from appropriate city departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the zoning administrator shall refer the use to the planning commission, who may initiate an amendment to the text of this UDC to clarify where and how the use should be permitted. Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R -1 R -2 R -3 C I AP Residential Use Category 6.19 73 509575v8 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R -1 R -2 R -3 C I AP Bed and Breakfast Establishments C C C - - - 515.19, subdivision 2 (a) Dwellings, Multi-Family - P P - - - 515.19, subdivision 2 (b) Dwelling, One-Family, Attached - P P - - - 515.19, subdivision 2 (c) Dwelling, One-Family, Detached P P P - - - 515.19, subdivision 2 (d) Dwellings, Two-Family P P P - - - Group Living Use Category Specialized Care Facilities C C P P - - 515.19, subdivision 3 (a) State Licensed Residential Facility P P P - - - Commercial Use Category Airport Facilities - - - - - P 515.19, subdivision 4 (a) Amusement Centers - - - P - - 1180 Animal Hospital/Veterinary Clinics [1] - - - P P - 515.19, subdivision 4 (b) Banks or Financial Institutions - - - P - - Banquet Halls or Event Centers - - - C C - Brewer Taprooms or Brewpubs - - - P P - 1200 Clubs or Lodges - - - P P - Commercial Truck Storage or Parking - - - P P - 515.19, subdivision 4 (c) Convenience Stores - - - P - - Day Care Facilities - - - P - - 515.19, subdivision 4 (d) 6.19 74 509575v8 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R -1 R -2 R -3 C I AP Day Care Facilities, Group Family P P P - - - Funeral Homes - - - P - - Greenhouses, Garden and Landscaping Sales and Service - - - P P - Hotel, Motel, Extended Stay Establishments - - - P P - 515.19, subdivision 4 (e) Kennels, Commercial [1] - - - P P - 515.19, subdivision 4 (f) Offices, Professional - C C P P P 515.19, subdivision 4 (g) Parking Ramps or Lots - - - P P P 520.15 Personal Services [2] - C C P P Restaurants or Eating Establishments [3] - C C P P - 515.19, subdivision 4 (h) Retail Establishments [4] - C C P P - 515.19, subdivision 4 (i) Theater, Indoor - - - P - - Vehicle Repair - - - C P - 515.19, subdivision 4 (j) Vehicle, Boat or Recreational Sales or Rental - - - P P - 515.19, subdivision 4 (k) Vehicle Fuel Sales - - - P - - 515.19, subdivision 4 (l) Vehicle Wash or Detailing - - - P P - 515.19, subdivision 4 (m) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - P - Bulk Storage of Liquids - - - P P P 515.19, subdivision 5 (a) 6.19 75 509575v8 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R -1 R -2 R -3 C I AP Industrial Uses (Indoors) - - - P P - Industrial Uses with Outdoor Storage of Parts, Products, or Fuels - - - C P - Self Storage Facilities - - - P P - Warehouse - - - P P P Vehicle Impound Lot - - - - C - 515.19, subdivision 5 (b) Public Facilities, Telecommunication and Utilities Use Category Essential Services P P P P P P Public utility buildings C C C C C P 515.19, subdivision 6 (a) Telecommunications Towers C C C C P P 515.19, subdivision 6 (b) Wireless support structures C P P P P P 515.19, subdivision 6 (c) Public, Institutional and Recreational Use Category Cemeteries C C C - - - Hospitals - C C P P - 515.19, subdivision 7 (a) Private Recreational Facilities, Indoor C C C P P - Private Recreational Facilities, Outdoor - - - C C - Public Parks and Playgrounds P P P - - - Public or Semi-Public Buildings C C C C C - 515.19, subdivision 7 (b) Religious Institutions C C C C C - 515.19, subdivision 7 (c) Schools, Elementary or Secondary C C C C C - 515.19, subdivision 7 (d) 6.19 76 509575v8 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R -1 R -2 R -3 C I AP Schools, Nursery or Preschool C C C C C - 515.19, subdivision 7 (e) Schools, Trade or Business - C C P P - 515.19, subdivision 7 (f) Notes: 1. Outdoor facilities may be permitted with a conditional use permit 2. A plant may be allowed as part of a dry cleaning establishment with a conditional use permit 3. On-sale liquor, wine, or beer may be allowed to a greater extent than the permitted use with a conditional use permit. 4. Outdoor repair may be permitted with a conditional use permit. 515.19. Use-specific standards for principal uses. Subd. 1. Purpose and applicability. (a) This section provides site planning, development and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 3. (b) The land uses and activities covered by this section shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Residential use category. (a) Bed and breakfast establishments. Bed and breakfast establishments are subject to the following standards: (1) The owner shall reside on the property; (2) The property abuts and the building faces an arterial or major collector street; (3) The establishment shall comply with the city’s liquor license regulations in the Crystal city code, chapter XII, as well as state health and building codes; 6.19 77 509575v8 AMB CR225-423 (4) Signage is limited to one sign that indicates the name of and contact information for the bed and breakfast establishment but no other material. There may be one such sign not to exceed four square feet in area, not to exceed five feet in height if free standing, and not to be lighted unless the lighting will not negatively impact adjacent properties; (5) No external vending machines shall be allowed. (b) Dwellings, multiple-family. Multiple-family dwellings are subject to the following standards: (1) Buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. (c) One-family attached dwellings. Collective maintenance of building exteriors, driveways, landscaping, and common areas for one-family attached dwellings is required. (d) One-family detached dwellings. In the R-1 district, a second kitchen is allowed within a one-family detached dwelling, if there is interior and unfettered access from all parts of the dwelling to both kitchens and the property is not addressed or in any other way configured or represented as a two family dwelling. Subd. 3. Group living use category. (a) Specialized care facilities. Specialized care facilities are subject to the following standards: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility; and (2) Drive-through facilities are specifically prohibited. Subd. 4. Commercial use category. (a) Airport facilities. Airport facilities are subject to the following standards: (1) Adequate controls, such as fencing, shall be provided to prevent unauthorized access onto airport property; (2) Buildings and uses shall be subordinate to the operation of the Crystal Airport; and (3) Buildings or structures shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Crystal Airport and runway protection zones. (b) Animal hospitals/veterinary clinics. Outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: 6.19 78 509575v8 AMB CR225-423 (1) Such use shall be incidental to the animal hospital use and used for the short-term boarding of animals; and (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (c) Commercial truck storage or parking. Commercial truck storage or parking is subject to the following standards: (1) The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specifically approved area, and meets the requirements of the Crystal city code, subsection 520.15, subdivisions 15 through 18 for parking lot design; and (2) The storage or parking area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2,000 square feet, whichever is less. (d) Day care facilities. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area. (e) Hotels, motels, or extended stay establishments. The property abuts at least one of the following street segments: (1) Lakeland Avenue between the Canadian Pacific Railroad and 58th Avenue North; or (2) West Broadway between Corvallis Avenue and 56th Avenue North. (f) Kennels, commercial. Outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: (1) Such use shall be for the short-term boarding of animals; (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (g) Offices, professional. Within the Industrial district, professional offices are limited to 50% of the gross floor area of the principal use. (h) Restaurants or eating establishments. On-sale liquor, wine or beer is allowed, but shall occupy no more than 30% of the total floor area of the establishment. This limit may be exceeded with a conditional use permit provided that: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (i) Retail establishments. 6.19 79 509575v8 AMB CR225-423 (1) Repair is allowed for a retail establishment, but a conditional use permit is required if the repair is done outdoors. The applicant shall demonstrate that such outdoor repair will not negatively impact neighboring properties. (2) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. (j) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least 1 of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (k) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii)Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; (2) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk vehicles; and (3) No vehicle or equipment shall exceed 32 feet in length. (l) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards: (1) The property abuts at least 1 of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; or 6.19 80 509575v8 AMB CR225-423 (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (m) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii)West Broadway between Corvallis Avenue and 56th Avenue North; (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; and (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. Subd. 5. Industrial, manufacturing, research and wholesale use category. (a) Bulk storage of liquids. If the storage is within 300 feet of properties used for residential purposes, such storage shall not exceed 25,000 gallons. (b) Vehicle impound lot. Vehicle impound lots are subject to the following standards: (1) The use does not include non-impound purposes, such as seasonal storage; (2) The impound lot is located on a property that abuts the right of way of an active freight railroad; (3) The impound lot is located on a property that does not abut the right-of-way of any collector or arterial street or any frontage road adjacent to a collector or arterial street; 6.19 81 509575v8 AMB CR225-423 (4) The impound lot is located on a property that does not abut any property used for residential purposes; (5) The portion of the property occupied by the impound lot does not exceed one acre; and (6) Vehicles shall only be parked on a designated hard surfaced area that meets the requirements of the Crystal city code, subsection 520.15, subdivisions 15, 17, and 18 for design of the hard surface. Vehicles shall not be parked in landscaped areas, adjacent property, or the public right-of-way. Subd. 6. Public facilities, telecommunications and utilities use category. (a) Public utility buildings. Equipment and materials are completely enclosed in a permanent building with no outside storage, unless in compliance with the screening requirements of this UDC. (b) Telecommunications towers. (1) Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“the Act”) grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. By this subsection, the city intends to exercise the full scope of its authority under the Act and under state law regarding the regulation of towers and telecommunications facilities in the city. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. (2) Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: (i) To regulate the location of telecommunication towers and facilities; (ii) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities; (iii) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques; (iv) To promote and encourage shared use and co-location of telecommunication towers and antenna support structures; (v) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully 6.19 82 509575v8 AMB CR225-423 designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound; (vi) To ensure that telecommunication towers and facilities are compatible with surrounding land uses; and (vii) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. (3) Development of towers. (i) Permitted use at certain locations in the I district. A tower is a permitted use in the I district, provided that the site also meets one of the following additional location criteria: (A) It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue, 32nd Avenue or Nevada Avenue; or (B) It is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (ii) Conditional use at certain locations in the C district. A tower is a conditional use in the C general commercial district, provided that the site is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (iii) Towers prohibited elsewhere; relief provision. Towers are prohibited in the city except as expressly authorized herein. Notwithstanding this prohibition, the city council may approve a tower as a conditional use in any other zoning district which reasonably addresses an identified significant gap subject to the following requirements: (A) The provider has submitted the information required by this subsection. (B) The city council makes a finding that the provider has demonstrated by clear and convincing evidence that there is a significant gap in the provider’s service, and: (I) There is no co-location option that would reasonably address the demonstrated significant gap in the provider’s service; or (II) There is no other alternative tower site that would reasonably address the demonstrated significant gap in the provider’s service. (III) (C) In approving a tower on the site which reasonably addresses the identified significant gap, the city council shall consider the purposes of tower regulation stated in this subsection and the requirements of the Act. (4) An application to develop a tower shall include: 6.19 83 509575v8 AMB CR225-423 (i) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. (ii) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. (iii) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. (iv) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent properties. (v) Written evidence from an engineer that the proposed structure meets the structural requirements of this UDC. (vi) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. (5) Review criteria and restrictions. (i) In considering an application where the provider has shown the existence of a significant gap, the city council shall only authorize a tower if the city makes a finding that such a location is necessary for the city to achieve compliance with the requirements of the Act. (ii) The city council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. (iii) The site must comply with the following minimum area requirements: (A) If zoned commercial or industrial then the site shall contain no less than two acres. (B) If zoned residential then the site shall contain no less than five acres. (C) Notwithstanding (i) and (ii) above, regardless of zoning, if the principal use on the site is a city structure, county building, school, or church, then the site shall contain no less than three acres. 6.19 84 509575v8 AMB CR225-423 (D) For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. (iv) No tower shall be located within 660 feet (1/8 mile) of another tower. (v) No tower shall be located on a lot having as its principal use a one or two family dwelling. (vi) No part of the tower shall be located within 165 feet (1/32 mile) of any one or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non-conforming to the setback requirement. (vii) The height of the tower shall not exceed 100 feet, or 50% of the distance from any part of the tower to the nearest lot line of an adjacent property having a single family or two family dwelling, whichever is less. (viii) The city may authorize the use of city property, including use of its right-of- way pursuant to chapter 8 of the Crystal city code in accordance with the procedures and subject to the restrictions of this code. (ix) Unless the applicant presents clear and convincing evidence to the city council that co-location at the identified site is not structurally or technically feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least one telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. (6) Setbacks. (i) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. (ii) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. (iii) Towers may not be located between a principal structure and a public street, with the following exceptions: (A) In the I district, towers may be placed within a side yard abutting an internal industrial street. (B) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. 6.19 85 509575v8 AMB CR225-423 (C) This requirement does not apply to towers that are a conditional use in all zoning districts. (7) Structural requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. (8) Height. A tower may not exceed 165 feet in height in the commercial or industrial zoning districts. Towers in residential zoning districts may not exceed 100 feet in height. (9) Separation or buffer requirements. Towers must be separated from all properties used for residential purposes by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in a zoning district. (10) Method of determining tower height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. (11) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. (12) Exterior finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the city council. (13) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. (14) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of this UDC and as shown on the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the 6.19 86 509575v8 AMB CR225-423 character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. (15) Security. Towers must be reasonably posted and secured to protect against trespass. (16) Access. Parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site. (17) Stealth. To the extent reasonably practical, towers must be of stealth design. (18) Other telecommunications facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: (i) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet; (ii) That the antenna support structure and telecommunications facilities comply with the building code; and (iii) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than six inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. (19) Existing towers. (i) An existing tower may be modified or demolished and rebuilt to accommodate co-location of additional telecommunications facilities as follows: (A) Application for an appropriate city permit shall be made to the city council; and (B) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. (ii) A tower that is being rebuilt to accommodate the co-location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this 6.19 87 509575v8 AMB CR225-423 subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. (20) Abandoned or unused towers or portions of towers. Abandoned or unused towers and associated above-ground facilities must be removed within six months of the cessation of operations of an antenna facility at the site unless an extension is approved by the zoning administrator. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to the Crystal city code, section 635. (21) Additional criteria for variances for towers. The city council may grant a variance pursuant to the Crystal city code, subsection 510.33 if the applicant also demonstrates all of the following with written or other satisfactory evidence: (i) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located; (ii) The variance will not create any threat to the public health, safety, or welfare; (iii) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to lands used for residential purposes; (iv) In the case of a request for modification to the separation requirements of this subsection that the proposed site is zoned I and the proposed site is at least double the minimum standard for separation from lands used for residential purposes; (v) In the case of a request for modification of the separation requirements of this subsection, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap within the city in coverage of the provider and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area; and (vi) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. 6.19 88 509575v8 AMB CR225-423 (22) Maintenance. Towers must be maintained in accordance with the following provisions: (i) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public; (ii) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property; (iii) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair; (iv) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel; (v) Towers must comply with radio frequency emissions standards of the federal communications commission; and (vi) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. (23) Additional requirements. (i) Inspections. The city may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal and state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. (ii) Excavation and monitoring. The owner of a telecommunications facility shall provide the city with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the city’s reasonable request. If the owner does not promptly provide the city with satisfactory technical evidence of FCC compliance, the city may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the city for its reasonable costs in carrying out such compliance testing. (c) Wireless support structures. New wireless support structures for the siting of small wireless facilities in the public street right-of-way adjacent to the R-1 zoning district, are subject to the following standards: 6.19 89 509575v8 AMB CR225-423 (1) No taller than 50 feet in height; (2) No less than five feet from the street curb; (3) No more than five feet from the side lot line extended to the street; (4) To the extent possible, have an antenna that is shrouded or camouflaged; (5) Constructed from earth-tone fiberglass; and (6) Served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines. Subd. 7. Public, institutional and recreational use category. (a) Hospitals. Hospitals are subject to the following standard: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (b) Public or semi-public buildings. Public and semi-public buildings are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (c) Religious institutions. Religious institutions are subject to the following standards: (1) Side setbacks shall be double that required for the district; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (d) Schools, elementary or secondary. Elementary or secondary schools are subject to the following standards: (1) Side setbacks shall be double that required for the district; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. 6.19 90 509575v8 AMB CR225-423 (e) Schools, nursery or preschool. Schools, nurseries, and preschools are subject to the following standards: (1) Side setbacks shall be double that required for the district; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (f) Schools, trade or business. The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. 515.21. Permitted accessory uses and structures. Subd. 1. Purpose. This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding lands. Subd. 2. General provisions. (1) Table 4 lists the accessory uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district. (2) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations, pergolas, and firewood cribs are exempt from the provisions of this subsection, but cannot be located in public rights-of-way. (3) Tents, play houses, or similar structures shall not be used as temporary or permanent dwelling units, but may be used for recreational purposes. (4) Any accessory structure used for the parking or storage of motor vehicles, such as a garage or carport, shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (5) Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. (6) Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 3. Explanation of table of permitted uses. (a) Symbols in table. The symbols used in Table 4 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type or structure is allowed by-right in the respective zoning district subject to compliance with the use-specific 6.19 91 509575v8 AMB CR225-423 standards set forth in the final “use-specific standards” column of Table 4. Permitted uses are subject to all other applicable standards of this UDC; (2) Conditional uses (C). A “C” in a cell indicates that a use type or structure is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 4 and approval of a conditional use permit in accordance with the Crystal city code, subsection 510.19. Conditional use permits are subject to all other applicable standards of this UDC; (3) Prohibited uses (-). A cell with a “-" indicates that the listed use type or structure is prohibited in the respective zoning district; (4) Use-specific standards. The “use-specific standards” column of Table 4 cross- reference standards that are specific to an individual use type or structure and are applicable to that use or structure in all districts unless otherwise stated in the use- specific standards; and (5) Unlisted uses. If an application is submitted for a use or structure that is not listed in Table 4, the zoning administrator is authorized to classify the new or unlisted use or structure, with consultation from appropriate city departments, into an existing use or structure type that most closely fits the new or unlisted use. If no similar use determination can be made, the zoning administrator shall refer the use to the planning commission, who may initiate an amendment to the text of this UDC to clarify where and how the use should be permitted. 6.19 92 509575v8 AMB CR225-423 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R -1 R -2 R -3 C I AP Accessory Uses Assembly or gathering space - - - P P - Yes 515.23, subdivision 2 (a) Commercial truck storage or parking - - - P P - Yes 515.23, subdivision 2 (b) Day Care Facilities, In home P P P - - - No Drive-through facilities - - - C - - Not Applicable 515.23, subdivision 2 (c) Home Businesses P P P - - - No 515.23, subdivision 2 (d) Keeping of Chickens P P - - - - No 910 Kennels, Commercial [1] P - - - - - No 515.23, subdivision 2 (e) Kennels, Private P P P - - - No 515.23, subdivision 2 (f) Accessory Structures Accessibility ramps P P P P P P No Accessory dwelling units P P P - - - Yes 515.23, subdivision 3(a) Amateur radio towers P P P - - P Yes 515.23, subdivision 3(b) Carports P P - - - - Yes 515.23, subdivision 3(e) Clothesline poles P P - - - - No 515.23, subdivision 3(c) Commercial storage buildings - - - C P P See Note [4] 515.23, subdivision 3(d) Fences and walls P P P P P P See Note [5] 520.09 Flagpoles P P P P P P No Fuel pumps, private use [2] - - - P P P No Garages, attached or detached P P P P P P Yes 515.23, subdivision 3(e) Gazebos P P P - - - Yes Noncommercial greenhouses P P - - - - See Note [6] 515.23, subdivision 3(g) Off-street parking and loading [3] P P P P P P Yes 520.15 Patios, decks, and porches P P P P - - Yes Sheds P P P P P P See Note [6] 515.23, subdivision 3(h) Sidewalks P P P P P P No 515.23, subdivision 3(i) Signs, Permanent P P P P P P Not Applicable 530 6.19 93 509575v8 AMB CR225-423 515.23. Standards for specific accessory uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses or structures that are permitted or conditionally permitted in Table 4. (b) The land uses and structures covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Accessory uses. Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R -1 R -2 R -3 C I AP Solar energy systems P P P P P P Yes 515.23, subdivision 3(j) Swimming pools, hot tubs, and spas P P P P - - Yes 515.23, subdivision 3(k) Television and radio antennae P P P P P P Yes 515.23, subdivision 3(l) Tennis and other recreational courts P P P - - - No 515.23, subdivision 3(m) Treehouses P P - - - - No 515.23, subdivision 3(n) Workshops P P - - - - See Note [6] 515.23, subdivision 3(o) Notes: 1. In the R-1 district, commercial kennels are only allowed at one-family dwellings, and this use is limited to raising, selling, boarding, breeding, or grooming of dogs or other animals. 2. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment, and does not allow them to be used by the general public. For the purposes of this UDC, private fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table 3. 3. Loading spaces are not allowed in residential districts. 4. A zoning certificate is required for this structure in the Industrial and Airport zoning districts. 5. A zoning certificate is only required for retaining walls over 4 feet in height. 6. A zoning certificate is only required for buildings in excess of 200 square feet in size. 6.19 94 509575v8 AMB CR225-423 (a) Assembly or gathering space. Adequate parking shall be provided for both the assembly or gathering space and the principal use on the property. (b) Commercial truck storage or parking. Commercial truck storage or parking is subject to the following standards: (1) The storage or parking area is hard-surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the requirements as provided in the Crystal city code, subsection 520.15, subdivisions 15 through 18 for parking lot design; and (2) The storage or parking area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2,000 square feet, whichever is less. (c) Drive-through facilities. Drive-through facilities are subject to the following standards: (1) The establishment is served by arterial, collector, or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. The city council may require the applicant to provide a traffic study prepared by a professional engineer for the proposed use, and may base its findings of fact on said study or other information related to potential traffic impacts on the street system and adjacent land uses; (2) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential dwelling unit, and shall not be audible at levels greater than those established as provided in the Crystal city code, section 645; (3) All drive-through elements including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way; and (4) A fence or vegetative screen of six feet in height shall be installed and maintained along any property line abutting a property used for residential purposes. Such screen shall also lessen the negative impact of vehicle headlights on adjacent properties. (d) Home businesses. Home businesses are subject to the following standards: (1) No home business shall be permitted which results in or generates more traffic than two customer cars at any one given point in time; (2) The home business may employ up to two employees who do not reside on the premises; (3) Home businesses shall not create nuisances as provided in the Crystal city code, section 645 or 2010. Activities conducted and equipment or material used shall not 6.19 95 509575v8 AMB CR225-423 change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use; (4) Home businesses shall not operate between 10:00 p.m. and 6:00 a.m.; (5) A home business may be located within the dwelling, an accessory building, or both, provided that the total area of the home business is not greater than 50% of the finished floor area of the dwelling; (6) Such home business shall not require internal or external alterations or involve construction features not customarily found in dwellings; (7) There shall be no exterior storage or display of equipment, goods or materials used in the home business; and (8) One sign, not to exceed six square feet in area, may be placed on the premises. The sign may identify the home business, resident name, address, website, and email address or phone number, but may contain no other information. The sign may not be illuminated and must be set back a minimum of ten feet from a property line abutting a public street. If the sign is freestanding, the total height may not exceed five feet. (e) Kennels, commercial. Commercial kennels are subject to the following standards: (1) In the R-1 zoning district, commercial kennels shall only be allowed at one-family dwellings, and the use of the commercial kennel is limited to raising, selling, boarding, breeding, and grooming of dogs or other animals; and (2) Commercial kennels shall adhere to the requirements for home businesses in this subsection. (f) Kennels, private. If a private kennel is operated as a home business, it shall adhere to the requirements for home businesses in this subsection. Subd. 3. Accessory structures. (a) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) No more than one accessory dwelling unit shall be allowed on a property; (2) The creation of the dwelling unit shall not create a separate property identification number with the county; (3) The dwelling shall be constructed as part of a detached garage and shall not cause the garage to exceed the size or setback requirements for detached garages in this UDC. Conversion of garage space to an accessory dwelling unit is prohibited, unless the garage space is replaced; 6.19 96 509575v8 AMB CR225-423 (4) The dwelling unit shall be separated from the principal building by a minimum of ten feet; (5) The dwelling shall be constructed as to be compatible with the exterior materials of the existing principal building; and (6) The dwelling may be rented if it complies with the requirements of the Crystal city code, section 425, but the owner of the principal building on the property shall reside on the property. (b) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually un obtrusive material. (c) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (d) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; (4) Occupancy and use of the storage building is directly related to a permitted or conditionally approved principal use and the same party has full control and use of both the storage building and the principal use; (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (e) Garages and carports, detached. Detached garages and carports are subject to the following standards: (1) For one and two family dwellings, the cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; (2) For multiple family dwellings, detached garages shall be designed to meet the minimum number of required parking spaces and required setbacks. To the extent practicable, garages shall be located to the side or rear of the building; and (3) Garages shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. 6.19 97 509575v8 AMB CR225-423 (f) Gazebos. Gazebos are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Gazebos shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (g) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: (1) Shall be located in the rear yard; (2) Shall be limited to one per property; and (3) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building. (h) Sheds. Sheds are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Sheds shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (i) Sidewalks. Sidewalks are subject to the following standards: (1) Sidewalks on private property for one and two family dwellings shall be no more than four feet in width; and (2) Sidewalks open for use by the general public, such as for multiple family dwellings, institutional, or commercial uses, shall comply with the width requirements of the Americans with Disabilities Act. (j) Solar energy systems. Solar energy systems are subject to the following standards: (1) Visibility. (i) Building-mounted solar energy systems shall be designed to be flush- mounted with the roof when facing a public right-of-ways other than an alley; (ii) Building-integrated photovoltaic systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback or other standards for the district in which the building is located; 6.19 98 509575v8 AMB CR225-423 (2) Feeder lines. Any electric lines accompanying a solar energy system, other than those attached to on- site structures by leads, shall be buried within the subject parcel; and (3) Abandonment. A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and shall constitute a public nuisance that may be removed by the City and the costs thereof certified as a special assessment against the owner of the property on which the abandoned solar energy system was located. (k) Swimming pools, hot tubs and spas. In the commercial zoning district, swimming pools, hot tubs, and spas are limited to use at hotels, motels, and extended stay establishments and health clubs. (l) Television and radio antennae. Television and radio antenna are subject to the following standards: (1) Satellite dishes may not exceed 40 inches in diameter. (m) Tennis and other recreational courts. Noncommercial outdoor tennis and other recreational courts are subject to the following standards: (1) Court fencing shall comply with the requirements as provided in the Crystal city code, subsection 520.09; and (2) Court lighting shall not exceed a height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court. (n) Treehouses. Treehouses shall be attached exclusively to trees and used solely for recreational purposes, shall not exceed 120 square feet in size, shall not be located less than ten feet from the front lot line, and shall consist only of earth-tone materials or colors. (o) Workshops. Workshops are subject to the following standards: (1) The footprint for an accessory structure intended as a workshop for artwork, crafts, light hand manufacturing, or hobbies shall not occupy an area larger than 25 percent of the finished floor area of the dwelling. If a workshop is combined with a detached garage or shed, it shall conform to the size and setback limitations for those uses; (2) Workshops shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials; and (3) If a workshop is operated as a home business, it shall adhere to the requirements for home businesses in this section. 515.25. Permitted temporary uses and structures. 6.19 99 509575v8 AMB CR225-423 Subd. 1. Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or activities are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure. The regulations of this section are not applicable to special events that are otherwise subject to leases, permits, or other forms of permission that are duly established between the special event organization and the City. Subd. 2. General provisions. Table 5 lists the temporary uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district. Subd. 3. Symbols in Table. The symbols used in Table 5 are defined as follows: (a) Permitted uses (P). A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 5. Permitted uses are subject to all other applicable standards of this UDC. (b) Prohibited uses (-). A cell with a “-" indicates that the listed use type is prohibited in the respective zoning district. (c) Allowable duration. The “allowable duration per site” column states how long a specific temporary use or structure is allowed. (d) Permit required. The “permit required” column defines if the proposed temporary use or structure requires approval of a zoning certificate or other permit. (e) Use-specific standards. The “use-specific standards” column of Table 5 cross- reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. (f) Unlisted uses. If an application is submitted for a use that is not listed in Table 5 the zoning administrator is authorized to classify the new or unlisted use, with consultation from appropriate city departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the zoning administrator shall refer the use to the planning commission, who may initiate an amendment to the text of this UDC to clarify where and how the use should be permitted. 6.19 100 509575v8 AMB CR225-423 Table 5: Permitted Temporary Uses and Structures Use Category and Use Type P = Permitted Use - = Not Permitted Base Zoning Districts R -1 R -2 R -3 C I AP Allowable Duration (per site) Permit Required Use- Specific Standards in Section: Construction Dumpster P P P P P P 180 days, until full, or until a certificate of occupancy is issued, whichever occurs first No [1] 515.27, subdivision 2 Garage/Yard Sales P P P - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [2] P P P P P P 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 4 Outdoor sales [2] - - - P P - 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P P P 60 days per site per calendar year No [1] 515.27, subdivision 6 Signs, Temporary P P P P P P See section 530 Sign Permit 530 Notes: 1. An obstruction permit is required if the dumpster or portable storage container is located in the public right-of-way. 2. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments may be permitted as a permanent use with a conditional use permit. 515.27. Standards for specific temporary uses and structures. 6.19 101 509575v8 AMB CR225-423 Subd. 1. Purpose and applicability. (a) This section provides site planning and/or operating standards for certain land uses that are permitted in Table 5. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Construction dumpsters. (a) If the dumpster is located in the public right-of-way, the dumpster shall comply with the requirements of the Crystal city code, section 800. (b) If the dumpster is located on private property, the dumpster shall be located to the side or rear of the site, but away from principal buildings on adjacent properties, to the extent practicable. Subd. 3. Garage or yard sales. Garage or yard sales are subject to the following standards: (a) Hours of operation for the garage or yard sale are limited to between 8:00 a.m. and 9:00 p.m.; and (b) Garage or yard sale signs identifying the location and times of a sale may be placed on the property at which the sale is to be conducted or on the property of others with their consent. Such signs shall not exceed 4 square feet in area per side; shall not be placed on or attached to any public property or utility pole; shall not be placed within the sight triangle as required in the Crystal city code, chapter 8; and must be removed within 24 hours of the time stated on such sign for the conclusion of the sale. Subd. 4. Outdoor dining. Outdoor dining is subject to the standards contained in this subdivision: (a) Food trucks. Food trucks are subject to the following standards: (1) Location. Food trucks may operate on commercial or industrially zoned property. In residential districts, food trucks may operate in public parks, school or religious institution sites, or in conjunction with a special event; (2) Hours of operation. Hours of operation for a food truck are limited to between 6 a.m. and 10:00 p.m.; (3) Parking. (i) Trucks shall be parked on a hard surface and may not be parked in the public right-of-way unless an obstruction permit has been issued by the city. (ii) The applicant shall demonstrate that adequate off-street parking is provided for patrons. If applicable, consideration shall be given to the parking needs of other occupants on the same property. 6.19 102 509575v8 AMB CR225-423 (iii) The food truck may not reduce available off-street parking on a property below the minimum required by this UDC; (4) Consent. The applicant for a food truck must provide written consent from the property owner; and (5) Audible electronic devices. Audible electronic devices, such as loudspeakers, are not allowed. (b) Outdoor seating for cafes or restaurants. Outdoor seating for cafes and restaurants is subject to the following standards: (1) An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site provided that the outdoor eating area shall comply with the parking requirements in Table 11 of the Crystal city code, subsection 520.15 (2) Outdoor dining areas shall be designated on a site plan submitted for the zoning certificate application; (3) If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a sidewalk or other facility that is closed to vehicular traffic, no railing or fencing shall be required; (4) Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard; and (5) Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district. Subd. 5. Outdoor sales. Outdoor sales is subject to the standards contained in this subdivision: (a) Retail establishments. Retail establishments are subject to the following standards: (1) The service, sale, display or rental area is hard surfaced and clearly designated on the site as being limited to the specific, approved area; and (2) The sales area does not exceed 40% of the gross floor area of the principal use excluding basement storage areas, 20% of the area of the property, or 6,000 square feet, whichever is less. (b) Vehicle fuel sales. The sales and display of merchandise is limited to the walkway adjacent to the building, but a minimum of five feet of the walkway shall be clear of merchandise to allow for safe pedestrian movement. (c) Tent or sidewalk sales on private property. Tent or sidewalk sales on private property are subject to the following standards: 6.19 103 509575v8 AMB CR225-423 (1) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for safe pedestrian movement; (2) The property shall contain an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, or traffic movements. Tents shall not be located in the public right-of-way; (3) The applicant shall demonstrate that adequate off-street parking is provided for patrons. If applicable, consideration shall be given to the parking needs of other occupants on the same property; and (4) Hours of operation for the sale are limited to between 8 a.m. and 9 p.m., with each sale lasting no more than seven consecutive days. Each site is limited to no more than three sales events per calendar year. (d) Seasonal agricultural sales. Seasonal agricultural sales are subject to the following standards: (1) Location. (i) The property contains an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, or traffic movements; (ii) The applicant shall demonstrate that adequate off-street parking is provided for the duration of the sale. If applicable, consideration shall be given to the parking needs of other occupants on the same property; and (iii) The sale of goods shall not occur within the public right-of-way. (2) Hours of operation. The hours of operation of the seasonal sale of agricultural products shall be between the hours of 7:30 a.m. and 9:00 p.m., or the same hours of operation as the principal use on the same lot, whichever is more restrictive. Subd. 6. Portable storage containers. Portable storage containers are subject to the following standards: (a) If the container is located in the public right-of-way, the container shall comply with the requirements of the Crystal city code, section 800; and (b) If the container is located on private property, the container shall be placed on a paved surface. 515.29. Nonconformities. Subd. 1. Purpose. In the provisions established by this UDC, there exist uses of land, structures, and lots of record, that were lawfully established before this UDC was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this 6.19 104 509575v8 AMB CR225-423 subsection is to regulate the continued existence of those uses, structures, and lots of record that do not conform to the provisions of this UDC, or any amendments thereto. Subd. 2. General provisions. (a) Authority to continue. Any lawfully existing nonconformity including nonconforming uses, structures, and lots of record may be continued so long as it remains otherwise lawful. (b) Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located. (c) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use or structure. (d) Floodplain overlay district. Requirements for nonconformities for properties located in the floodplain overlay district are set out in the Crystal city code, subsection 515.09. Subd. 3. Nonconforming uses. (a) Change in use. (1) A nonconforming use of land or of a structure shall not be changed to any use other than to a use permissible in the applicable zoning district. (2) When such nonconforming use has been changed to a permissible use, it shall only be thereafter used for a use permissible in the applicable zoning district. (3) For purposes of this subsection, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and the permissible use has commenced and continued for a period of at least one month. (b) Extensions or expansions. Nonconforming uses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include: (1) Extension of such use to any structure or land area other than that lawfully occupied by such nonconforming use on the effective date of this UDC, or any amendment to this UDC that causes such use to become nonconforming with the following exception: (i) For one or two family dwellings, nonconforming habitable space may be expanded into previously unfinished areas of the dwelling. Such nonconforming use may also be extended to any portion of the floor area that was not lawfully occupied by such nonconforming use on the effective date of this UDC, or any amendment to this UDC that causes such use to become nonconforming; 6.19 105 509575v8 AMB CR225-423 (2) Operation of such nonconforming use in a manner that conflicts with, or to further conflict with, this UDC or any amendments to this UDC, or any use limitations established for the zoning district in which such use is located; and (3) New construction, reconstruction, or structural alteration. (c) Relocation. No structure that is devoted in whole or in part to a nonconforming use shall be relocated, in whole or in part, to any other location on the same or any other lot, unless the entire structure and the use of the structure after its relocation conform to all the regulations of the district in which the structure and use are located after being so relocated. (d) Abandonment or discontinuance. When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued or abandoned for a period of 365 consecutive days (regardless of an intent not to abandon), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land or structure is located. (e) Damage or destruction. In the event that any non-conforming use is damaged or destroyed, by any means, to the extent of greater than 50 percent of its estimated fair market value as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged or destroyed, such use shall not thereafter be reestablished or resumed. Subd. 4. Nonconforming structures. (a) Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. If an enlargement to a nonconforming structure is proposed, a variance in accordance with the Crystal city code, subsection 510.33 is not required if the enlargement conforms to all zoning requirements such as setbacks. (b) Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of greater than 50 percent of its estimated fair market value of such structure as indicated in the records of the county assessor at the time of the damage, the nonconforming structure may be rebuilt if a building permit has been applied for within 180 days of when the structure is damaged or destroyed, but the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on an adjacent property or water body. (c) Relocation. No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which such structure is located after being relocated. 6.19 106 509575v8 AMB CR225-423 Subd. 5. Nonconforming accessory uses and structures. No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless such accessory use or structure shall thereafter conform to all the regulations of the district in which it is located. All signs devoted to the principal use shall be removed and all signs painted directly on the principal building shall be repainted in a neutral color or a color which will harmonize with the structure. Subd. 6. Governmental acquisition of a portion of a property. When governmental acquisition of a portion of a property for a public purpose results in that property no longer meeting one or more requirements of this UDC, the property shall be considered a lawful nonconforming use. Subd. 7. Non-conforming lots of record. (a) A nonconforming lot of record is a buildable lot, if the building meets all other zoning requirements such as setbacks or building height. 6.19 107 509575v8 AMB CR225-423 Section 520 Development standards 520.01 Measurements, computations, and encroachments. Subd. 1. Percentages and fractions. When a calculation or ratio established in this UDC results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number. Any percentage of .5 percent or less shall be rounded down to the next lower whole number and any percentage greater than .5 percent shall be rounded up to the next higher whole number. Subd. 2. Distance measurements. Unless otherwise expressly stated, distances specified in this UDC are to be measured as the length of an imaginary straight line joining those points. Building square footage shall be determined by measuring the area of the building using the outermost building exterior walls. Subd. 3. Setback requirements and exceptions. (a) Each structure shall comply with the front, interior side, corner street side, and rear setback requirements of the applicable zoning district, except: (1) Where a setback requirement is established for a specific land use type in the use- specific standards of Table 3; (2) A building feature that encroaches into a required setback as allowed by Table 6; (3) No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into a platted or dedicated easement or street right-of-way; (4) Structures existing on the effective date of this UDC and encroaching into a setback required by this UDC shall be considered conforming to the setback requirement if the encroachment does not exceed one foot or 10% of the required setback, whichever is less. Additions may be made to such structures and shall also be considered conforming to the setback requirement provided that the addition does not further encroach into the setback than the existing structure. Subd. 4. Measurement of setbacks. Setbacks shall be measured as follows: (See Figure 6). 6.19 108 509575v8 AMB CR225-423 Figure 6: Illustration of typical setback locations for a one-family dwelling (a) Front setbacks. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel to the nearest point of the wall of the structure, except as provided for in this subsection. (b) Side setbacks. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear setbacks (see Figure 6). (c) Rear setbacks. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line (see Figure 6). (d) Corner lots. The corner side setback shall be measured from the nearest point of the wall of the structure to the nearest point of the wall of the structure. (see Figure 6) Subd. 5. Height requirements and exceptions. (a) Each structure shall comply with the height requirements of the applicable zoning district, except: (1) As allowed in Table 6 when a building feature encroaches into a required height; and (2) The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with the Crystal city code, subsection 515.19. (b) Measurement of building height. The maximum allowable building height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane as the maximum allowed number of feet above and parallel to the grade (see 6.19 109 509575v8 AMB CR225-423 Figure 7). The location of natural grade shall be determined by the zoning administrator and shall not be artificially raised to gain additional building height. Figure 7: Illustration of height measurement (c) FAA requirements. Height requirements shall meet the requirements of the Federal Aviation Administration (FAA). (1) Notice to the Federal Aviation Administration using FAA form 7460-1 is required prior to the following: (i) Any construction or alteration of more than 200 feet in height; and (ii) Any construction or alteration of greater height than the imaginary surface extending outward and upward at a slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Crystal Airport. Subd. 6. Permitted encroachments into setback and height requirements. Structures or structural features may extend beyond the wall of the structure and into a required setback and height requirement in compliance with Table 6. Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial Industrial AP Permitted Setback Encroachments [2] Accessibility ramps May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right- of-way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right-of-way 6.19 110 509575v8 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial Industrial AP Air conditioning or heating equipment 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property Not Applicable Attached decks or open porches 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Not Applicable Not Applicable Not Applicable Awnings Front: 3 feet Side: 2 feet Rear: 3feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3feet Corner side: 2 feet Building projections or bumpouts May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met Not Applicable Not Applicable Not Applicable 6.19 111 509575v8 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial Industrial AP Chimneys May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Not Applicable Not Applicable Detached decks and patios 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback Not Applicable Not Applicable Not Applicable Eaves or overhangs May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Egress windows [4] May encroach 3 feet into any setback May encroach 3 feet into any setback May encroach 3 feet into any setback Not Applicable Not Applicable Not Applicable Landings Landings cannot exceed 4 feet by 4 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Satellite dishes May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Treehouses 20 feet for treehouses in the front yard for one and two family dwellings 20 feet for treehouses in the front yard for one and two family dwellings Not Applicable Not Applicable Not Applicable Not Applicable 6.19 112 509575v8 AMB CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial Industrial AP Permitted Height Encroachments Chimneys Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not Applicable Not Applicable Not Applicable Spires or steeples for religious institutions As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review Not Applicable NOTES: [1] Encroachments are permitted as shown in the table, but in no instance shall encroachments be allowed in a platted or dedicated easement. [2] Unless otherwise described, the numerical dimensions listed in this table are the linear dimensions allowed for the setback encroachment. For example, in the R-1 district, awnings may be three feet closer to the front property line than the required front setback for the dwelling. [3] Front setback: Building projections or bumpouts to the front of the principal building are allowed, subject to these conditions: 1) Each addition shall not exceed 24 feet in width, and the cumulative width of all additions shall not exceed 50% of the width of the principal building; 2) Each addition’s encroachment into the 30 foot required front setback shall not exceed 80 square feet, and the cumulative encroachment of all additions shall not exceed 100 square feet. Rear setback: Building projections or bumpouts to the rear of the principal building are allowed, subject to these conditions: 1) The encroachment occupies no more than 300 square feet of the area within the rear setback; 2) The width of the encroachment is no more than 50%% of the lot width measured at the rear setback line; 3) The property owner removes any existing accessory buildings from the rear yard; 4) The property owner signs and has notarized a written statement to the city acknowledging that no accessory buildings may be built or placed in the rear yard and this statement will be recorded against the property. [4] If an egress window is constructed as part of the foundation of the dwelling, the egress window shall meet the required setbacks for the dwelling. 520.03. Site development standards. Subd. 1. Purpose. The purpose of these site development standards is to further the purpose of this UDC and the goals and policies of the comprehensive plan. Furthermore these standards are intended to establish appropriate lot dimensions and setbacks within each zoning district and provide for appropriate scale of structures. Subd. 2. Site development standards. (a) Site development standards for principal buildings. Table 7 are the regulations for residential densities, setbacks, number of principal buildings, lot dimensions, building height, and green space for placing principal buildings in the city’s zoning districts. (b) Site development standards for accessory structures. Table 8 are the setback and height requirements for placing accessory structures in the city’s zoning districts. 6.19 113 509575v8 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial Industrial AP Permitted Residential Density Permitted Residential Density No more than 6 units per acre (gross) 6 to 16 units per acre (gross) 16 to 40 units per acre (gross) Not Applicable Not Applicable Not Applicable Minimum Building Setbacks [1] Front 30 feet 30 feet 30 feet 30 feet 30 feet 200’ from residential use Side 5 feet 15 feet 15 feet 10 feet 10 feet 200’ from residential use Rear 30 feet 30 feet 30 feet 10 feet 10 feet 200’ from residential use Corner Side 10 feet [2] 30 feet 30 feet 30 feet 30 feet 200’ from residential use Number of Principal Buildings Maximum number of principal buildings per property One One One One One Not Applicable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 12,000 SF 12,000 SF 12,000 SF Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3,000 per dwelling, but in no event less than 10,000 SF 1,200 per dwelling, but in no event less than 20,000 SF Not Applicable Not Applicable Not Applicable Non-Residential Uses Not Applicable Not Applicable Not Applicable 20,000 SF 20,000 SF Not Applicable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses 100 feet 100 feet 100 feet 120 feet 120 feet Not Applicable Minimum Lot Width 6.19 114 509575v8 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial Industrial AP One-family Detached Dwelling 60 feet 60 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses 100 feet 100 feet 100 feet 100 feet 100 feet Not Applicable Maximum Building Height One-family Detached Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less Not Applicable Not Applicable Not Applicable Non-Residential Uses 2 stories or 32 feet, whichever is less 3 stories or 40 feet, whichever is less [3] 5 stories or 60 feet, whichever is less [3] 5 stories or 60 feet, whichever is less [3] 5 stories or 60 feet, whichever is less [3] 3 stories or 40 feet, whichever is less Minimum Green Space [4] One and Two- Family Detached Dwellings See note [5] below See note [5] below See note [5] below Not Applicable Not Applicable Not Applicable Other Uses 30% 25% 20% 15% 10% Not Applicable NOTES: [1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table 3. [2] If the vehicle entrance for an attached garage faces a street or alley, the garage shall be at least 20 feet from the corner side property line. [3] Buildings in excess of this height limit may be allowed with a conditional use permit. [4] The minimum green space requirement is expressed as a percentage of the property that shall be free from any structures or impervious surfaces. [5] In residential zoning districts, the minimum green space requirement applies only to the rear yard of one and two family dwellings. The requirement is expressed as a percentage of the rear yard that is free of any structures or impervious surfaces: 1. Rear yard of 5,001 SF or greater: 50% 2. Rear yard of between 4,501 and 5,000 SF: 45% 3. Rear yard of between 4,001 and 4,500 SF: 40% 4. Rear yard of between 3,501 and 4,000 SF: 35% 5. Rear yard of between 3,000 and 3,500 SF: 30% 6. Rear yard of less than 3,000 SF: 25%. 6.19 115 509575v8 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Minimum Structure Setbacks Amateur radio towers See note [1], below See note [1], below See note [1], below Not Applicable Not Applicable See note [1], below Attached Decks and open porches Front: 30 feet Side: 3 feet Rear: 30 feet Corner side: 10 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Clothesline Poles Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Commercial Storage Buildings Not Applicable Not Applicable Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Detached decks Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet Side: 10 feet Rear: 10 feet Corner side: 15 feet Not Applicable Not Applicable 6.19 116 509575v8 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Detached garages or carports Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Flagpoles Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Gazebos Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Noncommercial greenhouses Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable 6.19 117 509575v8 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Patios Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Sheds Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Solar energy systems See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below Swimming pools, hot tubs and spas Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Not Applicable Not Applicable Tennis or other recreational courts Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable 6.19 118 509575v8 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Treehouses Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Workshops Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Maximum Structure Height Accessory dwelling unit The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less Not Applicable Not Applicable Not Applicable Amateur radio towers Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Commercial storage buildings Not Applicable Not Applicable Not Applicable 20 feet 20 feet 25 feet Detached accessory buildings [6] 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Essential services (such as poles or towers) As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer 6.19 119 509575v8 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Fences See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Satellite dishes Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Solar energy systems Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Television and Radio Antennae Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof NOTES: [1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However, necessary guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or interior side property line. [2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed or workshop may be erected within the front setback area provided it does not encroach into the required front, side or corner side setback. [3] If the garage, carport or workshop does not have an eave or overhang on the side or rear of the structure, the structure may be located to a distance of 3 feet from the side or rear property line, but the structure shall not encroach into a platted or dedicated easement. [4] If the vehicle entrance for a detached garage faces a street or alley, the garage shall be at least 20 feet from the corner side property line. [5] For building-mounted solar energy systems, the collector surface and mounting devices shall not extend beyond the required setbacks on which the building is mounted. For freestanding solar energy systems, the system may not extend into the following setbacks when oriented at minimum design tilt: Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet; Corner side: 10 feet. [6] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports, detached garages, gazebos, noncommercial greenhouses, sheds and workshops. Some of these structures may not be allowed in every zoning district. 6.19 120 509575v8 AMB CR225-423 520.05 Architectural design standards for principal buildings. Subdivision 1. Intent. It is not the intent of the city to unduly restrict design freedom when reviewing project architecture in connection with a site plan for a principal building. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Subd. 2. Exterior design and materials. Except for warehouse and industrial buildings that are adequately screened from view, the following are not allowed for building exteriors: (a) Blank walls; (b) Unadorned prestressed concrete panels; (c) Concrete block; and (d) Unfinished metal and corrugated metal. 520.07. Exterior lighting. Subd. 1. Standards. Exterior lighting is subject to the following standards: (a) Any exterior lighting that is used to illuminate an off-street parking area, sign or other structure shall be hooded or controlled in some manner so as to deflect light away from any adjoining residential property or from public streets; (b) Exterior lighting which casts light on a public street shall not exceed 1 foot candle at the property line abutting the street and lighting which casts light on residential property shall not exceed 0.4 foot candle at the property line abutting that residential property; and (c) Bare light bulbs shall not be permitted if they can be viewed from adjacent property or the public right-of-way. 520.09. Fences and retaining walls. Subd. 1. Fence requirements. (a) Height requirements. (1) Measurement of fence height. The height of a fence shall be measured as follows: (i) Fence height is measured from the average grade to the tallest part of the fence, including posts; (ii) In cases where the fence is located on sloped grade, the fence height shall be measured separately for each segment between posts; and (iii) In the case of grade being changed where the fence is to be located, such as when fill is added or berm is created, the maximum fence height shall be 6.19 121 509575v8 AMB CR225-423 measured from the grade at the principal structure or the property line, whichever is closer to the proposed fence. (2) Fences in residential districts. Fences in residential districts shall comply with the following: (i) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 6.5 feet in the side or rear yard (see Figure 8); and Figure 8: Fence height on interior residential lot (ii) For fences on corner lots, the fence height in the front and corner side yards is determined by which side the principal building faces (see Figures 9 and 10). Figure 9: Fence location on corner residential lot (principal building facing shorter side) 6.19 122 509575v8 AMB CR225-423 Figure 10: Fence location on corner residential lot (principal building facing longer side) (3) Fences in non-residential districts. Fences in non-residential districts shall comply with the following: (i) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 8.5 feet in the side or rear yard; and (ii) For corner lots, fence height is determined in the same manner as for corner residential lots (see Figures 9 and 10), except that the maximum height shall be 8.5 feet where a 6.5 feet fence is allowed. (b) Locational requirements. (1) Fences may be located within a drainage and utility easement in side and rear yards. Where such fences are installed, the city will not be responsible for repairing or replacing the fence if work is done in the easement. (2) Fences shall comply with the site distance triangle requirements as provided in the Crystal city code, chapter 8. (3) All fences, including footings, shall be located entirely upon the property where the fence is located. It is the property owner’s responsibility to locate property lines prior to installing a fence. (c) Design and maintenance requirements. (1) Barbed wire, razor wire, concertina, dannert, and above-ground electrical fences are prohibited. (2) Fences taller than four feet shall have posts in the ground at least ½ of the height of the fence. 6.19 123 509575v8 AMB CR225-423 (3) Fences shall be maintained in good repair. Any fence that is potentially dangerous or in disrepair shall be removed or repaired. Subd. 2. Retaining wall requirements. (a) Retaining walls supporting an embankment to be retained on any lot that exceeds 48 inches in height shall be benched, so that no individual vertical segment of a retaining wall exceeds a height of six feet except where the city engineer determines that topography requires a wall of greater height. Each individual horizontal bench segment, so constructed, shall be a minimum width of 36 inches (See Figure 11). (b) Retaining walls over 48 inches, measured from the top of the footing to the top of the wall, are required to be designed and certified by a registered professional licensed in Minnesota. Figure 11: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet. 520.11. Landscaping. Subd. 1. Purpose. The purpose of this subsection is to promote the beautification of the city and to generally protect the public welfare through the city’s authority to regulate land use in a method that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to: (a) Preserve and enhance the variety and extent of the city’s urban forest as an integral part of this city’s identify and infrastructure; (b) Protect privacy and provide buffering between land uses of differing intensities; and (c) Increase and maintain property values. Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed development and new land uses, unless otherwise stated herein. Subd. 3. Approved landscaping plan. 6.19 124 509575v8 AMB CR225-423 (a) Where landscaping is required, no building permit shall be issued until the landscaping plan for the site has been submitted and approved. (b) Landscaping that is in compliance with the approved plans shall be installed before a certificate of occupancy is issued for the site. If landscaping is not installed, the applicant shall be required to submit a cash escrow in accordance with the requirements in the Crystal city code, section 510 for the relevant development review application. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. Landscape materials should complement the form of the existing trees, plantings, and vegetation. The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed; and (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species 7-19 35% 20-39 30% 40 or more 25% (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of two inches for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting; (ii) Understory, small maturing, or ornamental trees shall have a minimum DBH of two inches at time of planting. Multi-stem varieties shall be a minimum of four feet in height above ground level at the time of planting; 6.19 125 509575v8 AMB CR225-423 (iii) Evergreen trees shall be a minimum of six feet in height for potted or ball and burlap trees at the time of planting. (b) Required landscaping. (1) Any lot remaining after providing parking, sidewalks, driveways, building or other permitted site improvements shall be planted and maintained in trees, shrubs, turf grass, native grasses, flowering plants, or similar landscaping material. (2) Not less than one canopy tree for each 1,000 square feet of the site with the following exceptions: (i) One and two family dwellings when located on existing lots of record, but subdivisions platted after the effective date of this UDC shall meet this requirement; and (ii) Parking lots, which have specific requirements in this Section and; (iii) Existing healthy, well-formed canopy and understory trees may be credited towards the requirements of this subsection, provided that the tree is protected before and during development of the site and maintained thereafter in a healthy growing condition. The trees to be credited shall be on the city’s list of approved trees. (3) Not less than one shrub for each 100 square feet of the site, with the following exceptions: (i) One and two family dwellings; and (ii) Parking lots, which have specific requirements in this section. (c) Installation of vegetation. (1) General requirements. (i) Minimum dimensions. Wherever this UDC requires a landscaped area of a specified width, the width shall be measured within (interior measurements) any curb or wall bordering the landscaping area. (ii) Soils. Where landscaping is required, good quality loose soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material. (iii) Ball and burlap. Landscape materials installed in a ball or burlap form shall be installed such that the ball and burlap does not extend above the immediate grade at installation. (iv) Protective curbing. Where landscaping is installed in areas that are designed to manage storm water run-off, no protective curbing shall be constructed that prohibits the flow of or infiltration of surface water. In other instances landscape islands and similar landscape areas may be protected by a B6-12 6.19 126 509575v8 AMB CR225-423 concrete curb and gutter where otherwise deemed necessary by the city engineer. (v) Safety requirements. Landscape materials shall be located so that at maturity they do not interfere with safe sight lines for pedestrians or vehicular traffic and do not conflict with overhead lights or utility lines. (2) Turf or ground cover. (i) Requirements for native prairie grasses and or drought tolerant species of native are located in the Crystal city code, section 615. (ii) Ground cover may consist of grass normally grown in permanent lawns in Minnesota. Such turf grass shall be planted according to the requirements found in the Crystal city code, section 615, and may be sodded or seeded, except in swales or other areas subject to erosion where solid sod, erosion reducing net, or suitable mulch shall be used. (iii) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (3) Trees. (i) Trees in public rights-of-way. The requirements for planting trees in the public right-of-way are found in the Crystal city code, section 800. (ii) Tree roots. Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. (4) Earth berms. (i) Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall. (ii) Berms shall be constructed with proper and adequate plant material to prevent erosion. Where existing vegetative and/or topographic conditions provide a Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 12). Figure 12: Illustration of a permitted berm slope. (d) Maintenance of landscaped areas. (1) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times; and 6.19 127 509575v8 AMB CR225-423 (2) The landscaping shall regularly be kept clean and free of debris, litter, and weeds. Subd. 5. Tree preservation and replacement requirements. (a) Tree inventory required. As part of a submittal application for site plan review or a subdivision, the applicant shall submit a tree inventory. The inventory shall be taken and reported by a qualified arborist, nurseryman, horticulturist, or landscape architect who is licensed, certified, registered or otherwise qualified in the State of Minnesota and shall depict the following: (1) Lot lines of the parcel(s) involved; (2) The exact location, health, type, and size of all trees with a DBH of 12 inches or more; and (3) Recommendations of which trees, or stands of trees, should be retained and protected. (b) Tree protection requirements. All trees with a DBH of 12 inches or more shall be retained to the maximum extent feasible, with the following exceptions: (1) Trees that are dead or dying based on an analysis and report by a qualified arborist; (2) Trees that are determined by the city engineer to be an immediate nuisance or threat to an existing structure, underground utility, or to the public health, safety, or welfare; (3) Trees that may be prohibited by the city as established in this section; (4) Trees located on publicly owned land or within public rights-of-way that the city, or its authorized agent, needs to remove to complete street improvement projects; and (5) Trees that are an obstacle to access on the lot and no alternative exists for relocating such access. (c) Tree replacement requirements. (1) If a tree with a DBH of 12 inches or more is removed according to the requirements of subd. 2, above, replacement trees shall be provided in accordance with Table 10. A tree will be considered removed if 30 percent or more of the trunk diameter is injured. Table 10: Replacement Tree Requirements Caliper of Original Tree Replacement Trees Required 12 to 17 inches DBH One replacement tree for each protected tree removed 18 to 23 inches DBH Three replacement trees for each protected tree removed 24 to 35inches DBH Six replacement tree for each protected tree removed 36 to 47 inches DBH Ten replacement trees for each protected tree removed 6.19 128 509575v8 AMB CR225-423 48+ inches DBH Twelve replacement trees for each protected tree removed (2) Each replacement tree shall have a minimum DBH of at least two inches. (d) Tree protection requirements. The following are the requirements for those trees that are to be preserved on the site during construction. (1) Paving or soil compaction prohibited. The area within the critical root zone (as defined as five feet beyond the drip line) of any protected tree shall not be subject to paving or soil compaction. (2) Owner’s responsibility. During site development, the property owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction. (3) Tree protection fencing. (i) All protected trees shall be fenced in before grading or other land-disturbing activity begins. Fencing shall extend at least five feet from the edge of the drip line (See Figure 13 for illustration of a drip line), but in no case closer than ten feet to the trunk; Figure 13: Illustration of protective fence placement for trees. (ii) The zoning administrator shall consider existing site conditions in determining the exact location of any tree protection fencing; and (iii) All fencing required by this subsection shall be at least four feet in height and secured using appropriate posts. 6.19 129 509575v8 AMB CR225-423 (e) Encroachments into root zones. Encroachment into root zones shall comply with the following: (1) Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances; and (2) If such an encroachment is anticipated, written verification by a qualified arborist shall be required documenting the tree’s condition before and after the encroachment, including preventive measures that shall be employed prior to, during, and after the encroachment to insure the viability of the tree. Subd. 6. Parking lot landscaping requirements. (a) Purpose. The purpose for parking lot landscaping requirements is to provide for effectively designed and properly placed landscape improvements to minimize the potential negative effects of large expanses of asphalt, such as creating unnecessary surface water runoff and presenting a sterile image. (b) Parking lots adjacent to streets. The area of a parking lot facing a street shall comply with the following: (1) A parking area for a nonresidential, institutional, or multi-family residential use adjacent to a public street shall be designed to provide a minimum five-foot landscaped planting strip between the street right-of-way and any parking area (see Figure 14); Figure 14: Perimeter landscaping required between a parking lot and a street. (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street and meet the site visibility requirements of the Crystal city code, chapter 8; (3) Screening materials may include a combination of plant materials including trees, shrubs, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement (see Figure 15); and 6.19 130 509575v8 AMB CR225-423 Figure 15: Illustration of parking lot perimeter screening. (4) Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area. (c) Parking lots adjacent to side or rear property lines. Parking areas for a nonresidential, institutional, or multiple family dwelling use shall provide a perimeter landscape strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. (d) Parking lots adjacent to residential uses. Parking lots adjacent to a one or two family dwelling shall comply with the following: (1) A ten-foot landscaped buffer shall be provided between the parking lot and the property line of the residential use; (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the residential use; (3) Screening materials may include a combination of plant materials including raised trees, shrubs, planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement; and (4) Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area along the property line between the parking lot and the residential use. (e) Landscaping for parking lot interior. The landscaping for the interior of a parking lot shall comply with the following: (1) Amount of landscaping. (i) Parking lots with 20 or more spaces shall provide landscaping at a minimum ratio of ten percent of the gross area of the parking lot (including all drive and parking aisles). If parking is located on the side of the structure (not adjacent to a street) or in the rear, this landscaping ratio may be reduced to five percent; (ii) Trees not less than five feet in height and 15-gallon container in size shall be planted throughout the parking lot; and 6.19 131 509575v8 AMB CR225-423 (2) Landscaping location. Landscaping shall be evenly dispersed throughout the parking lot, as follows: (i) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension; (ii) Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas; (iii) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch. 520.13. Screening. Subd. 1. Purpose. The purpose of this section is to increase or maintain property values and generally protect the public welfare by screening uses that could have an adverse impact on neighboring properties. Subd. 2. Applicability. The requirements of this section shall apply to all proposed development and new land uses unless otherwise stated. Subd. 3. Types of screening. Screening may consist of vegetation, fences, walls, berms, or other visual barriers. Subd. 4. Items to be screened. The following areas shall be screened in accordance with this section: (a) Waste receptacles. Outdoor waste receptacles, including dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood or masonry walls with a minimum height of six feet. One side of the storage area shall be furnished with swinging doors. Whenever feasible, the enclosure shall be located in the side or rear yard, away from residential areas. (b) Ground-mounted mechanical equipment. The zoning administrator may require that large ground-mounted mechanical equipment and utility meters that are not located on and screened by the building or structure, be screened from view of adjacent properties or public rights-of-way. Equipment for one and two-family dwellings is exempted from this requirement. (c) Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way through the use of building walls, parapets, and/or roof systems (See Figure 16). 6.19 132 509575v8 AMB CR225-423 Figure 16: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (d) Outdoor storage. Screening shall create a visual and or/sound barrier of the object being screened from adjacent properties and the public right-of-way. (e) Commercial uses. Screening shall create a visual and/or sound barrier between the commercial use and residential dwellings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. (f) Multi-family residential dwellings. Screening shall create a visual barrier between the multiple family dwelling and one and two family residential dwellings or commercial buildings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. Subd. 5. Design standards for screening. Screening shall comply with the following design standards: (a) Screening shall be installed to create a visual barrier so as to reduce the vision of the object being screened; (b) If vegetation is used for screening, it shall consist of a compact evergreen or deciduous hedge or trees of a sufficient width and density to provide an effective screen throughout the year; (c) If a berm is used for screening, it shall be of a sufficient height to provide an effective screen; and (d) A screening fence or wall shall be constructed of masonry, brick or wood. Such screening shall provide a solid screening effect and not exceed the height limitations in 6.19 133 509575v8 AMB CR225-423 the Crystal city code, subsection 520.09. Fences or walls shall be compatible with the architectural materials and patterns of the principal structure (see Figure 17). Figure 17: Use of a wall and fencing for screening that is architecturally compatible with the principal building. Subd. 6. Approval of screening. Screening shall be approved during review of a zoning certificate, site plan, or conditional use permit. In addition to what is required in this subsection, the zoning administrator or city council may require a specific type of screening to be used in a specific situation. Subd. 7. Deviation from standards. Screening which deviates from the standards identified in this subsection may be approved by the zoning administrator or the city council, dependent on the type of application required, based on the unique circumstances of the proposal. In deciding whether or not to approve the alternative screening plan, the zoning administrator or city council may consider the following: (a) The items are sufficiently screened by a building or vegetation or the natural features of the site; and (b) Due to the nature of the surrounding area and the character of the items to be screened, screening of the items is not necessary. 520.15. Off-street parking and loading. Subd. 1. Purpose. The purpose of off-street parking requirements is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing requirements for off-street parking of motor vehicles as a use that is accessory to the utilization of various parcels of land or structures. Subd. 2 Applicability. 6.19 134 509575v8 AMB CR225-423 (a) New uses. The parking requirements of this subsection shall apply to a zoning certificate application as provided in the Crystal city code, subsection 510.15, or site plan application as provided in the Crystal city code, subsection 510.17, for the construction of a new building or use in any zoning district. (b) Expanded uses. (1) Whenever a building or use created prior to the effective date of this UDC is changed or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, the additional parking spaces shall be provided on the basis of the new demand created by the enlargement or change. (2) If the proposed expansion or enlargement will increase the floor area, number of dwelling units, seating capacity, or other area to an extent larger than 50 percent of the building or use prior to the effective date of this UDC, then the entire site shall come into compliance with the requirements of this subsection. (c) Change of use. No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this subsection. (d) Existing uses. The parking requirements of this section shall not apply to buildings and uses legally in existence on the effective date of this UDC unless modified in the manner stated in this subsection. Furthermore, any parking facilities now serving such existing buildings or uses shall not be reduced below the requirements established in this section in the future. Subd. 3. General provisions. (a) Parking plan required. Plans for all parking facilities, including parking garages, shall be submitted to the zoning administrator for review whether through zoning certificate application as established in the Crystal city code, subsection 510.15, or site plan review application as established in subsection 510.17. (b) Parking spaces to be permanent. Each parking space shall be permanently available, marked, and maintained for parking purposes for the use which it is intended to serve. (c) Storage of vehicles and on-street parking. Parking and storage of any motorized vehicle may occur within a garage, carport, or other building approved for parking in accordance with the applicable sections of this UDC. Requirements for parking on a public street are provided in the Crystal city code, section 1310. (d) Vehicles for sale. No vehicle, trailer, or other personal property shall be parked on an unpaved surface for the purpose of displaying the vehicle, trailer, or other personal property for hire, rental, or sale, unless the applicable zoning allows the use or the use is allowed as provided in the Crystal city code, section 1310. (e) General access and circulation requirements. The traffic generated by any use, whether vehicular or pedestrian shall be channeled and controlled in a manner that will avoid: 6.19 135 509575v8 AMB CR225-423 (1) Congestion on the public streets; (2) Traffic hazards including obstacles to safe pedestrian access; and (3) Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall to the maximum extent possible, be forward moving with no backing into streets. Subd. 4. Rules for computation. (a) Calculation. The following rules shall apply when computing parking spaces: (1) Driveway space meeting parking requirements. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of one or two family dwellings where driveways may be used in calculating the amount of off-street parking. (2) Multiple uses. Unless otherwise noted or approved, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use. The required base number of parking spaces shall be counted only once for multiple use buildings. (3) Area measurements. All square-footage-based parking standards shall be computed on the basis of gross floor area of all floors in a nonresidential building. Up to 15 percent of the gross floor area may be excluded from the above calculation if the area is used for storage, loading, unloading, or for mechanical equipment. (4) Vehicle fuel stations. Spaces at the pump at a vehicle fuel station may count toward the minimum parking space requirements. (b) Occupancy-or capacity-based standards. (1) For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the typical, or average, number of persons working on a single shift or the typical enrollment, whichever is applicable. (2) In hospitals, bassinets shall not be counted as beds. (3) In the case of benches, pews, and similar seating accommodations, each 24 inches thereof shall be counted as one seat for the purpose of determining the parking requirements. If fixed seating is not provided, then each seven square feet of floor area shall be counted as one seat. (c) Unlisted uses. (1) Upon receiving an application for a use not specifically listed in the parking schedule below, the zoning administrator shall apply the parking standard specified 6.19 136 509575v8 AMB CR225-423 for the listed use that is deemed most similar to the proposed use in regards to use, size, and intensity of use. (2) If the zoning administrator determines that there is no listed use similar to the proposed use, intensity, or size, they may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). (3) The zoning administrator’s decision regarding parking requirements for a specific use is appealable to the board of appeals and adjustments as provided in the Crystal city code, subsection 510.35. Subd. 5. Tandem parking. (1) The use of tandem parking (when one space is located directly behind another) is allowed; however, the parking spaces that will be blocked, or potentially blocked by other vehicles shall not count toward the requirements of this subsection. One- and two-family dwelling units shall be exempt from this requirement. Subd. 6. Off-street parking space requirements. (1) Table 11 defines the number of parking spaces required for each use within the city. (2) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. Table 11: Parking Spaces by Use Use Type Minimum Maximum Residential Use Category Accessory dwelling units 1 space in addition to the number of spaces required for the principal building on the property Not Applicable Bed and breakfast establishments 2 spaces for the owner/occupant of the dwelling, at least one of which must be enclosed in a garage, plus 1 space per guest sleeping room Not Applicable Dwellings, one and two family 2 spaces per dwelling unit, one of which must be enclosed in a garage Not applicable Dwellings, multiple-family 2 spaces per dwelling unit, one of which must be enclosed in a garage [1] Not applicable Specialized care facilities 4 spaces, plus 1 space per 5 beds Not applicable Commercial Use Category 6.19 137 509575v8 AMB CR225-423 Table 11: Parking Spaces by Use Use Type Minimum Maximum Amusement Centers 10 spaces, plus no less than 1 space per 500 square feet of gross floor area 10 spaces, plus no more than 1 space per 250 square feet of gross floor area Banquet halls or event centers See Public, Institutional, or Recreational Use Category Bowling alleys 4 spaces, plus 4 spaces for each lane Not applicable Funeral Homes 4 spaces, plus no less than 1 space per 3 seats in the main assembly hall, plus no less than 1 space per 300 square feet of gross floor area not used for seating. [3] 4 spaces, plus no more than 1 space per 2 seats in the main assembly hall, plus no less than 1 space per 200 square feet of gross floor area not used for seating. [3] Health and fitness club 4 spaces, plus no less than 300 square feet of gross floor area, not including court, gym or pool area, plus 4 spaces per basketball court, plus 2 spaces per tennis or racquetball court, plus 1 space per 50 square feet of deck area for a swimming pool Not applicable Hotel, Motel, Extended Stay Establishments 1 space per room or suite, plus 1 space per employee on the major shift. [2] Not applicable Office 4 spaces, plus no less than 1 space per 500 square feet of gross floor area 4 spaces, plus no more than 1 space per 250 square feet of gross floor area Restaurants and bars 4 spaces, plus no less than 1 space per 100 square feet of gross floor area 4 spaces, plus no more than 1 space per 50 square feet of gross floor area Retail Establishments and Personal Service 4 spaces, plus no less than 1 space per 500 square feet of gross floor area [4] 4 spaces, plus no more than 1 space per 250 square feet of gross floor area [4] Theaters or Auditoriums 4 spaces, plus no less than 1 space per 4 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Vehicle, Boat, or Recreational Sales or Rental 4 spaces, plus 1 space per employee on the major shift. Such spaces are in addition to the vehicles parked for display 6.19 138 509575v8 AMB CR225-423 Table 11: Parking Spaces by Use Use Type Minimum Maximum Vehicle Fuel Sales 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no less than 1 space per 300 square feet of building area used for the sale of goods or services 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no more than 1 space per 150 square feet of building area used for the sale of goods or services Vehicle Wash or Detailing 1) Drive-through, staffed: 2 spaces, plus 1 space per employee on the major shift 2) Drive-through, not staffed: 2 spaces 3) Self-service: 2 spaces Industrial, Manufacturing, Research and Wholesale Use Category Manufacturing 4 spaces, plus no less than 1 space per 1,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 500 square feet of gross floor area Warehouses 4 spaces, plus no less than 1 space per 3,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 1,000 square feet of gross floor area Public, Institutional, or Recreational Use Category High School, college, university, or trade/business school 4 spaces, plus no less than 1 space per classroom, plus no less than 1 space per 2 students based on design capacity Not applicable Hospital Number of spaces as required per a parking study Number of spaces as required per a parking study Library 4 spaces, plus no less than 1 space per 400 square feet of gross floor area 4 spaces, plus no more than 1 space per 200 square feet of gross floor area Outdoor Recreational Facilities 10 spaces per acre of play field, plus 4 per basketball court, two space per tennis court, or 1 space per 50 square feet of deck area for a swimming pool Not applicable Banquet halls, event centers, Religious Institutions, or similar places where persons gather or assemble 4 spaces, plus no less than 1 space per 3 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces 6.19 139 509575v8 AMB CR225-423 Table 11: Parking Spaces by Use Use Type Minimum Maximum Schools, elementary and middle school 10 spaces, plus no less than 1 space per classroom and 1 space per 40 students based on designed capacity Not applicable Notes: 1. The minimum number of parking spaces for senior housing is 1 space per household unit, 50% of which shall be enclosed in a garage. 2. If applicable, 1 space per 4 person capacity shall be provided for conference rooms or other assembly spaces and 1 space shall be provided for a manager who resides on the property. 3. Motor vehicle stacking space shall also be provided for making up a funeral procession, although drive aisles in the parking lot may be used for stacking. 4. The parking requirement for retail sales and service establishments with more than 50% or more of gross floor area devoted to storage or warehouse shall be: 4 spaces, plus no less t han 1 space per 500 nor more than 1 space per 250 square feet devoted to sales or service, plus no less than 1 space per 3,000 nor more than 1,000 square feet of storage. Subd. 7. Disabled parking requirements. Parking spaces required for the disabled shall be provided in compliance with all applicable state and federal requirements. If practicable, spaces for the disabled shall be located so they provide easy access from the closest parking area to the major entrance of the use for which they are provided. Subd. 8. Modification of parking requirements. For all uses except one and two-family dwellings, the number of parking spaces required in Table 11 may be modified according to the following provisions. Approval of requests to provide more or less parking spaces, or reducing the number of enclosed spaces, shall be made according to the applicable review procedure associated with the principal uses listed in Table 11, unless otherwise noted in this subsection. (a) Providing more parking spaces. An applicant may request up to ten percent additional spaces beyond the maximum allowed in Table 11, but shall be required to provide the information below. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (1) Number of customers, patients, visitors, or other patrons of the proposed use. Information shall also be included detailing the expected parking behavior of these people (i.e., how long a customer may be at the facility); (2) Number of full-time and part-time employees; and (3) Number and approximate timing of deliveries. (b) Providing fewer parking spaces. An applicant may request a reduction of up to ten percent of the minimum required spaces in Table 11 but shall be required to provide the following information. The request shall be reviewed according to a Type 1 review 6.19 140 509575v8 AMB CR225-423 procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35 (1) Number of customers, patients, visitors, or other patrons of the proposed use. Information shall also be included detailing the expected parking behavior of these people (i.e., how long a customer may be at the facility). (2) Number of full-time and part-time employees. (3) Number and approximate timing of deliveries. (c) Reducing the number of required enclosed parking spaces. An applicant may request a reduction of up to ten percent of the required number of enclosed spaces in Table 11 but shall be required to submit a description of why it is not feasible to construct the required number of enclosed spaces. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (d) Shadow parking. A portion of the required parking spaces may remain landscaped and unpaved or paved with pervious (i.e., “green”) pavers, provided that the parking and unpaved areas complies with the following standards and is authorized in accordance with the approval of the relevant development review application (see Figure 18): (1) The parking plan submitted with the zoning certificate or site plan review application shall denote the location and layout of that portion of the parking area that currently is deemed not required. The plan shall indicate that the “shadow” parking spaces will be constructed according to these regulations in the event that the zoning administrator determines at any time that all or any portion of this parking is necessary; (2) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that pervious pavers may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material; (3) At no time shall any portion of the required parking or loading that is so designated for future construction, as provided herein, be counted as open space or other non- paved areas required by other provisions of this section; and (4) The owner shall initiate construction of the approved "future" parking area(s), as identified on the approved parking plan, within six months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the zoning administrator, identifying that such parking is determined to be necessary. 6.19 141 509575v8 AMB CR225-423 Figure 18: Illustration of shadow parking concept. (e) Shared parking. Except for one and two-family dwellings, a portion of the required parking spaces may be located on an adjacent property if the parking area complies with the standards in this subdivision and is authorized in accordance with the approval of the relevant development review application. (1) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities. (2) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if: (i) A sufficient number of spaces is provided to meet the highest demand of the participating uses; (ii) Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the zoning administrator, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them; (iii) The shared parking spaces will not be located in excess of 500 feet from the further most point of the space to the front door, or other viable building entrance as approved by the zoning administrator, of the use they are intended to serve; (iv) A shared parking agreement is submitted and reviewed as to form by the city attorney, that provides for the rights of the respective parties to use the shared parking areas in a manner adequate to accommodate multiple users or that 6.19 142 509575v8 AMB CR225-423 parking spaces will be shared at specific times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). This agreement shall include evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development; (v) The approved shared parking agreement shall be filed with the application for a zoning certificate or site plan and shall be recorded at Hennepin County in a manner as to encumber all properties involved in the shared parking agreement; and (vi) No zoning certificate will be issued until proof of recordation of the agreement is provided to the zoning administrator. Subd. 9. Location of parking. (a) Parking spaces shall be located on the same lot as the principal use they serve unless the spaces meet the requirements as provided in the Crystal city code, subsection 520.15, subdivision 8(e). (b) Except for one and two-family dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. (c) Parking is prohibited in any screening or landscaping buffering areas required by this UDC. (d) In residential districts, off-street parking shall not be provided in the front setback or side street setback, except for one and two-family dwellings, subject to the limitations as provided in subsection (e), below. (e) In the case of one and two-family dwellings, off-street parking is only permitted on a hard surfaced driveway leading directly into a garage. Each property may also have one hard surfaced auxiliary parking space in addition to the driveway meeting the following requirements. Those properties without a garage or with only a single stall garage may have two auxiliary parking spaces: (1) An auxiliary space shall be located immediately adjacent to one side of the driveway, immediately adjacent to one side of the garage, or as one turn-around space immediately adjacent to the driveway (see Figure 19); 6.19 143 509575v8 AMB CR225-423 Figure 19: Options for locating an auxiliary parking space. (2) An auxiliary space cannot exceed 12 feet in width and 24 feet in length, and must be at least ten feet from the habitable portion of a residential structure on an adjacent property; and (3) For access to the auxiliary space, a hard surfaced taper also is permitted, provided it does not extend into the boulevard and has an angle of at least 22-1/2 degrees and no more than 45 degrees. If the property has setback or topographic constraints that prevent reasonable access to a lawful auxiliary space, then the city engineer may allow the taper to extend into the boulevard but only to the minimum extent necessary to provide reasonable access. Subd. 10. Setbacks. (a) The face of the curb shall not be within five feet of any property line and the back of the curb shall not be within four feet of any property line. (b) If a parking lot for a commercial, institutional, or multi-family dwelling use is adjacent to a property used for one or two-family residential dwellings, the face of the curb for the parking lot shall not be within ten feet of the shared property line and the back of the curb shall not be within nine feet of the shared property line. (c) All setbacks near intersections of public streets shall be determined by the city engineer. Subd. 11. Parking design standards. Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. (a) Access to parking area. Access to parking areas (i.e. driveways) shall be as provided as follows. Requirements for curb cuts and driveways approaches are provided in the Crystal city code, subsection 800.57. (1) One and two-family dwellings. Driveway width shall not exceed the width of the garage’s vehicle entrance plus six feet, except that properties without a garage or 6.19 144 509575v8 AMB CR225-423 with only a single stall garage shall not have a driveway that exceeds 16 feet in width. (2) Access for uses other than one and two-family dwellings. (i) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (ii) Parking lots shall be designed to prevent access at any point other than at designated access drives. (iii) A development that provides 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of- way, to provide a queuing or stacking area for vehicles entering and exiting the parking area (See Figure 20). Figure 20: Non-impeded access driveway. (iv) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. (b) Parking space dimensions. (1) Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 21. 6.19 145 509575v8 AMB CR225-423 Table 12: Parking Space and Aisle Dimensions Angle of Parking (degrees) One-Way Maneuvering Aisle Width (Feet) “A” Two-Way Maneuvering Aisle Width (Feet) “A” Parking Stall Width (Feet) “B” Parking Stall Length (Feet) “C” Compact Size Low Turnover Full Size Compact Size Low Turnover Full Size 0 o – Parallel 12 20 8 8.5 9 18 22 22 30 o – 53o 14 20 8 8.5 9 16 20 20 54 o – 75 o 18 22 8 8.5 9 16 20 20 76 o – 90 o 22 24 8 8.5 9 16 18 18 Figure 21: Parking space and aisle requirements based on angle of parking. (2) When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. (3) The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. (4) Use of compact vehicle spaces. This subsection provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. Such spaces shall comply with the following: 6.19 146 509575v8 AMB CR225-423 (i) For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces; (ii) A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces; (iii) Compact spaces shall be clearly labeled for “compact cars” and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space; (iv) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (v) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 12. (5) Low turnover parking. This subsection allows for the establishment of narrower parking spaces in locations where the typical user parks for more than two hours. Such spaces shall comply with the following: (i) The zoning administrator shall determine whether the proposed low turnover spaces are consistent with the stated purpose of this subsection; (ii) Existing developments that wish to utilize this section to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (iii) The minimum off-street parking dimensions for low turnover parking spaces shall be as identified in Table 12. (c) Surfacing. (1) Within all zoning districts, parking lots and driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. (2) Parking lots and driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the city engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. (3) The grade elevation of any parking area shall not exceed ten percent. (d) Striping and identification. (1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. 6.19 147 509575v8 AMB CR225-423 (2) The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans. (3) The color of the striping shall be white or yellow, unless another color is required by state law (e.g., parking for the disabled). (e) Grading and drainage. (1) All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence. (2) All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot. (3) In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. (f) Curbing. The purpose of curbing is to minimize storm water runoff, protect building and parking lot edges, and increase the survivability of plants. The following standards are applicable to curbing: (1) Except for one- or two-family dwellings, all parking areas or lots shall have cast- in-place concrete barrier curb and gutter around the perimeter of the entire parking lot. The curb shall be at least six inches wide and the gutter shall be at least 12 inches wide. This minimum standard is typically referred to as “B6-12” curb and gutter. (g) Sight distances. Adequate sight distances for vehicles and pedestrians shall be provided for parking lots. (h) Parking lot landscaping. Requirements for parking lot landscaping are provided in the Crystal city code, subsection 520.11. (i) Parking lot lighting. If exterior lighting is proposed in the parking plan, the lighting shall meet the requirements as provided in the Crystal city code, subsection 520.07. (j) Pedestrian connections. When feasible, the parking plan shall show pedestrian connections within the property and to existing or planned public sidewalk and trail connections. (k) Deviation from standards requires a detailed study. No proposed parking layout which deviates from the standards identified in this section and which could create a safety hazard(s) shall be allowed unless the developer provides a detailed report or study prepared by a registered transportation engineer who demonstrates that the parking layout is a viable alternative and is consistent with the purpose of this section. This alternative plan is subject to the approval of the city engineer. Subd. 12 Maintenance. All parking spaces, driveways, and striping shall be continually maintained in a clean and orderly manner and kept in good repair. 6.19 148 509575v8 AMB CR225-423 Subd. 13. Loading space requirements. (a) Purpose. The purpose of these requirements is to provide design standards for loading spaces if such spaces are proposed by a property owner. (b) Prohibition. Loading spaces are prohibited in all residential zoning districts. (c) General design standards. Loading spaces shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below: (1) Location of required loading spaces. Loading spaces shall be: (i) As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible; (ii) Situated to ensure that the loading facility is screened from adjacent streets; (iii) Situated to ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required front or street side setback, adjacent public right-of-way, or other on-site traffic circulation areas; (iv) Situated to ensure that all vehicular maneuvers occur on-site. The loading areas shall allow vehicles to enter from and exit to a public street in a forward motion only; (v) Situated so that trucks parking in them will not encroach onto the public right- of-way or into required parking spaces or driveways. Loading spaces designed for larger trucks shall have appropriately larger access to allow maneuvering without encroaching into landscaped areas; and (vi) Situated to avoid adverse impacts upon neighboring residential properties; (2) Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety; lighting shall also comply with the requirements as provided in the Crystal city code, subsection 520.07; and (3) Striping. Loading spaces shall be striped and identified for "loading only." This striping and notation shall be continuously maintained in a clear and visible manner in compliance with the approved plans. 520.17. Surface water, drainage and erosion control. Subd. 1. Purpose. These regulations are intended to result in the effective management of surface water run-off by improving surface water quality and minimizing public expenditures needed to protect the community from water quality problems. Subd. 2. Applicability. Except as provided for in this subsection, these requirements are applicable for subdivision or lot consolidation applications, site plans, conditional use permits, building permits, or other land disturbing activities on existing properties. Subd. 3. Exemptions. The provisions of this section do not apply to: 6.19 149 509575v8 AMB CR225-423 (a) Any part of a subdivision if a plat for the subdivision has been approved by the city council on or before the effective date of this UDC; (b) Any land disturbing activity for which plans have been approved by the watershed management organization within six months prior to the effective date of this UDC; (c) A lot for which a building permit has been approved on or before the effective date of this UDC; (d) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; or (e) Emergency work to protect life, limb, or property. Subd. 4. Storm water management plan. When a subdivision or lot consolidation application is submitted, the applicant shall include a storm water management plan, unless this requirement is waived by the city engineer. The plan shall contain the following information. (a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: (1) The street address, property identification number or legal description of the subject property; (2) North point, date, scale of drawing, and number of sheets; (3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; (4) A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; (6) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable: (7) Vegetative cover and clearly delineating any vegetation proposed for removal; and 6.19 150 509575v8 AMB CR225-423 (8) 100-year floodplains, flood fringes and floodways. (b) Site construction plan. A site construction plan including: (1) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; (2) Locations and dimensions of all temporary soil or dirt stockpiles; (3) Locations of all proposed stormwater management facilities; (4) Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this section; (5) Schedule of anticipated starting and completion date of each land disbursing activity including the installation of construction site erosion control measures needed to meet the requirements of this section; and (6) Provisions for maintenance of the construction site erosion control measures during construction. (c) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including: (1) Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; (2) A delineation of any ponding, flowage or drainage easements, or other property interests, to be dedicated for stormwater management purposes; (3) For applications proposing infiltration or filtration as a stormwater management practice, identification, description, results of double-ring infiltrometer tests, and permeability and approximate delineation of site soils in both existing and proposed as-developed condition. (4) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; (5) A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; (6) The proposed size, alignment and intended use of any structures to be erected on the site; and (7) A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used. 6.19 151 509575v8 AMB CR225-423 Subd. 5. Approval standards. The storm water management plan shall address the following standards, unless waived by the city engineer. (a) Impact on adjacent properties. No land disturbance shall be permitted that results in water run-off causing flooding, erosion, or deposit of minerals on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, pond area, or other public facilities. Any change in grade affecting water run-off onto adjacent property must be approved by the city engineer. (b) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland. (c) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system. (d) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. (e) Drain inlet protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication “Protecting Water Quality in Urban Areas” and in the National Pollutant Discharge Elimination System Construction Stormwater General Permit. (f) Site erosion control. The following criteria apply only to construction activities that result in runoff leaving the site: (1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5 ft./sec. across the disturbed area for the one year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. (2) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (3) Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections 1 and 2 below or 1 and 3 below. 6.19 152 509575v8 AMB CR225-423 (i) All disturbed ground left inactive for 14 or more days shall be stabilized by seeding or sodding, or by mulching or covering or other equivalent control measure. (ii) For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. (iii) For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. (4) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the stormdrain inlets must be protected with straw bale or other appropriate filtering barriers. Subd. 6. Storm water management criteria for permanent facilities. (a) Installation. An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that (1) the two-year, ten-year, and 100-year storm peak discharge rates existing before the proposed development shall not be increased, and (2) accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. For purposes of this section, peak runoff rates shall be calculated using Atlas 14 precipitation data and nested distribution data as input. An applicant may also make an in-kind or monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant. (b) Design. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before 6.19 153 509575v8 AMB CR225-423 development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. (c) Best management practices. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: (1) Natural infiltration of precipitation on-site; (2) Flow attenuation by use of open vegetated swales and natural depressions; (3) Minnesota Stormwater Manual; (4) Minimal Impact Design Standards Calculator and Design Sequence Flowchart; (5) Minnesota Department of Health and Minnesota Pollution Control Agency document Evaluating Proposed Stormwater Infiltration Projects in Drinking Water Supply Management Areas; (6) National Pollutant Discharge Elimination System Construction Stormwater General Permit; (7) Storm water retention facilities; and (8) Storm water detention facilities. (d) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection a) above. Justification shall be provided by the applicant for the method selected. Subd. 7. Detention Facility Design standards. (a) Detention Facilities. Storm water detention facilities constructed in the city shall be designed according to the most current technology as reflected in the MPCA publication “Protecting Water Quality in Urban Areas” and in the Minnesota Stormwater Manual, and shall contain, at a minimum, the following design factors: (1) A permanent pond surface area equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater; (2) An average permanent pool depth of four to ten feet; (3) As an alternative to subsections a) and b) above, the volume of the permanent pool shall be equal to or greater than the runoff from a 2.5-inch rainfall for the fully developed site; (4) A permanent pool length – to – width ratio of 3:1 or greater; (5) A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1, beyond which slopes should not exceed 3:1; 6.19 154 509575v8 AMB CR225-423 (6) A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one rod (16.5 feet); (7) All storm water detention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations, including a two year storm event; (8) Storm water detention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for two, ten, and one hundred year storm events. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the storm water management plan; (9) An identified overflow spillway sufficiently stabilized to convey a 100-year critical storm event; and (10) All storm water detention facilities must have a forebay to remove coarse-grained particles prior to discharge into a watercourse or storage basin. Subd. 8. Wetlands. (a) Runoff shall not be discharged directly into wetlands without presettlement of the runoff. (b) A protective buffer strip of natural vegetation at least 20 feet wide with an average width of 30 feet, measured from the ordinary high water level of the watercourse or wetland, shall surround all wetlands. (c) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the allowing principles in descending order of priority. (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; (3) Rectifying the impact by repairing, rehabilitation, or restoring the affected wetland environment; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and (5) Compensating for the impact by replacing or providing substitute wetland resources or environments. Subd. 9. Steep slopes. No land disturbing or development activities shall be allowed on slopes of 18% or more. 6.19 155 509575v8 AMB CR225-423 Subd. 10. Catch basins. All newly installed and rehabilitated catch basins shall be provided with a sump area for the collection of coarse-grained material. Such basins shall be cleaned when they are half filled with material. Subd. 11. Drain leaders. All newly constructed and reconstructed buildings will route drain leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water exiting the leaders shall be controlled so no erosion occurs in the pervious areas. Subd. 12. Inspection and maintenance. All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All storm water management facilities shall have a plan of operation and maintenance that assures continued effective removal of pollutants carried in storm water runoff. The city engineer, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of six years. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes. Subd. 13. Models/methodologies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the city engineer. Plans, specification and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the city engineer. Subd. 14. Watershed management plans and groundwater management plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statutes, section 103B.231 and 103B.255 respectively, and as approved by the Minnesota Board of Water and Soil Resources in accordance with state law. Subd. 15. Easements. If a storm water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. 6.19 156 509575v8 AMB CR225-423 Section 525 Subdivision of land 525.01. Basic subdivision requirements. The city hereby adopts subdivision regulations, the authority of which is provided for in Minnesota Statutes, section 462.358. The city finds that regulation of the subdivision of real property in the city is necessary for the following purposes: (a) To insure the orderly, economic, and safe development of land in the city; (b) To insure the adequate and timely provision of urban services and facilities; and (c) To protect and promote the public health, safety, and welfare. Subd. 1. Subdivision approval. (a) Required. Subdivision approval, in compliance with the provisions of this section, shall occur as follows: (1) Lot consolidations as provided in the Crystal city code, subsection 510.23; (2) Subdivisions as provided in the Crystal city code, subsection 510.25; and (3) Those properties for which Minnesota condominium law, Minnesota Statutes, chapter 515 applies. (b) Exemption. Subdivision approval is not required for adjacent parcel land conveyances as provided in the Crystal city code, subsection 510.21. (c) Restrictions. (1) No lot, parcel, or tract created after the effective date of this UDC shall be issued a building permit unless the lot, parcel, or tract has been created in compliance with this UDC. (2) No building permits shall be issued for a habitable structure proposed to be located on an outlot. (3) Land will not be subdivided if the city council determines that the land is unsuitable for development because of flood hazard unless corrective measures consistent with those found in the city code, subsection 515.09 can be feasibly accomplished. (4) A proposed subdivision of land will not be considered by the city unless past due special assessments thereon have been paid in full or arrangements for their payment satisfactory to the city have been made. 525.03. Development agreement required. Subd. 1. Purpose. It is the purpose of this subsection to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider 6.19 157 509575v8 AMB CR225-423 shall enter into a development agreement with the city, setting forth the conditions under which the subdivision has been approved. Subd. 2. Required improvements. (a) Basic Improvements. All of the following required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this section and the current version of city’s engineering standard specifications, which are adopted herein by reference, and approved by and subject to the inspection of the city engineer prior to approval: (1) Streets, including curb and gutter; (2) Sanitary sewer; (3) Watermain; (4) Surface water facilities (pipes, ponds, rain gardens, and similar improvements); (5) Grading and erosion control; (6) Sidewalks/trails; (7) Street lighting; (8) Street signs and traffic control signs; (9) Street trees; (10) Tree preservation; (11) Wetland mitigation and buffers; (12) Monuments required by Minnesota Statutes; and (13) Miscellaneous facilities or other elements defined by the guiding documents. (b) Other improvements. The subdivider shall arrange for the installation of private utilities including, but not limited to, telecommunications cabling, electrical and natural gas service. Subd. 3. Installation of basic improvements. (a) The subdivider shall arrange for the installation of all required improvements in the development subject to the development agreement. All of the city’s expenses incurred as the result of the required improvements shall be paid to the city by the subdivider including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of the development agreement, review of construction plans and documents, and all costs and expenses incurred by the city in monitoring and inspecting development of the plat. 6.19 158 509575v8 AMB CR225-423 The subdivider shall reimburse the city for costs incurred in the enforcement of the development agreement, including engineering and attorneys' fees. (b) The city council reserves the right to, in its sole discretion, elect to install all or any part of the basic improvements required under the provisions of this section and assess the costs to the benefiting property owners pursuant to Minnesota Statutes, chapter 429, as may be amended. (c) Unless a grading permit has been issued by the city within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings within the plat or land to be platted until all the following conditions have been satisfied: (1) The development agreement has been fully executed by both parties and filed with the city clerk; (2) The necessary security has been received by the city; (3) The plat has been filed with the county recorder's office; (4) The construction plans have been approved and signed by the city engineer; and (5) The city has issued a letter that all conditions have been satisfied and that the subdivider may proceed. (d) The improvements shall be installed in accordance with this UDC, city standard specifications for utilities and street construction, and the city’s engineering standard specifications. The subdivider shall submit plans and specifications that have been prepared by a competent registered professional engineer to the city for approval by the city engineer. The city shall, at the subdivider's expense, provide all on-site inspection and soil testing to certify that the construction work meets the city’s standards and approved plans. (e) All labor and work shall be done and performed in a professional manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer. The subdivider shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this development agreement, for which reimbursement is expected from the city, unless such work is first ordered in writing by the city engineer as provided in the specifications. Subd. 4. Time of performance. (a) The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except: (1) Where weather precludes completion; (2) For street lighting; 6.19 159 509575v8 AMB CR225-423 (3) For landscaping; and (4) For the wearing course of streets. (b) Where weather precludes completion, the timeline for completion of the improvements may be extended up to an additional six months. (c) The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements. (d) The subdivider shall complete landscaping by the development phase within 90 days following the issuance of a building permit for the last vacant lot within a phase unless weather precludes completion, in which case the landscaping shall be completed at the outset of the next growing season. (e) Neither curb and gutter nor bituminous pavement shall be installed between November 15 and April 15. The final wear course on streets shall be installed between May 15 and October 1 the first summer after the base layer of asphalt has been in place one freeze thaw cycle. Any deficiencies in the base asphalt, curb, or other improvements must be repaired by the subdivider at its own cost prior to final paving. The subdivider may, however, request an extension of time from the city. If an extension is granted, it shall be conditioned upon updating the security posted by the subdivider to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the city engineer. Subd. 5. Financial guarantees. (a) Subsequent to execution of the development agreement, but prior to approval of a signed final plat for recording, the subdivider shall provide the city with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or other form of security acceptable to the city. A letter of credit or cash escrow shall be in an amount as determined by the city engineer. (b) It shall be the responsibility of the subdivider to ensure that a submitted financial guarantee shall continue in full force and effect until the city engineer has approved and the city council has accepted all of the required improvements. The city engineer thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in the Crystal city code, subsection 525.03, subdivision 8 upon the approval and acceptance of the basic improvements. (c) When any instrument submitted as a financial guarantee contains provision for an expiration date, after which the instrument may not be drawn upon, notwithstanding the status of the development agreement or of the required improvements, the expiration date shall be December 31 or the closest business day in the case of weekends and legal holidays. Further, the financial guarantee shall be deemed automatically extended without change for six months from the expiration date unless 60 days prior to the expiration date the financial institution notifies the city in writing by certified mail that it does not elect to renew the financial guarantee for an additional period. If the instrument is not to be renewed and has not been released by the city 6.19 160 509575v8 AMB CR225-423 engineer, another acceptable financial guarantee in the appropriate amount shall be submitted at least 60 days prior to the expiration. The term of any extension shall be approved by the city engineer and subject to the requirements of this section. Upon receipt of an acceptable substitute financial guarantee, the city engineer may release the original guarantee. Subd. 6. Forms of financial guarantees. (a) Letter of credit. (1) If the subdivider posts a letter of credit as a guarantee, the credit shall: (i) Be irrevocable; (ii) Be from a bank approved by the city; (iii) Be in a form approved by the city; (iv) Be for a term sufficient to cover the completion, maintenance and warranty periods identified in this section; and (v) Require only that the city present the credit with a sight draft and an affidavit signed by the city manager or the city manager’s designee attesting to the city’s right to draw funds under the credit. (b) Cash escrow. (1) If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the city shall provide that: (i) The subdivider will have no right to a return of any of the funds except as provided in the Crystal city code, subsection 525.03, subdivision 9, regarding the approval and acceptance of basic improvements; and (ii) The escrow agent shall have a legal duty to deliver the funds to the city whenever the city manager presents an affidavit to the agent attesting to the city’s right to receive funds whether or not the subdivider protests that right. (c) A cash deposit made with the city finance department may be used as part of the required financial guarantee in those instances where the subdivider elects to have the city install some or all of the public improvements. Subd. 7. Amounts of financial guarantees. The subdivider shall submit either a financial guarantee in one of the forms listed in the Crystal city code, subsection 525.03, subdivision 6, regarding forms of financial guarantees, for an amount determined by the city engineer in accordance with the following: (a) Subdivider-installed improvements. For basic improvements to be installed by the subdivider, the required financial guarantee shall include all of the following fixed or estimated costs: 6.19 161 509575v8 AMB CR225-423 (1) Costs of the basic improvements identified in the Crystal city code, subsection 525.03, subdivision 2; (2) Engineering, to include subdivider’s design, construction management, surveying, inspection, and drafting; (3) Twenty-five percent contingency or add-on to the costs in paragraphs (1) and (2) above; and (4) Estimated cost of energy for street lights for the first two years of operation. (b) City installed improvements. For basic improvements to be installed by the city, the required financial guarantee shall be the sum of the following fixed or estimated costs: (1) A cash deposit in an amount equal to 25 percent of the estimated cost of installing the specified public improvements as determined by the city engineer, which costs would include charges incurred by the city for legal, planning, engineering and administration associated with the installation project(s). The deposit shall be applied to the costs of such installations, with the remainder of the costs specially assessed, in the manner provided by Minnesota Statutes, over a period of ten years together with interest thereon. (2) In lieu of the cash deposit, the subdivider may elect to have the city provide 100 percent of the cost of such installations, which costs shall be assessed over a period of ten years. In such event, the subdivider shall post a letter of credit for 60 percent of the cost of assessments, which letter of credit shall be released after the subdivider pays the principal and interest on said assessments for two years and which letter of credit shall be separate from any other letters of credit associated with the subdivider’s project. Subd. 8. Other cash requirements. The subdivider will be responsible for additional cash requirements which must be furnished to the city at the time of final plat approval. The subdivider shall not proceed with any improvements until these cash requirements have been paid to the city. The cash requirements may include: (a) Park dedication fees (See the Crystal city code, subsection 525.05); (b) Utility charges and fees. This may include sewer availability charges (SAC) or trunk fees; (c) Special assessments, including interest; (d) The city’s legal, engineering administration, and construction observation fees; (e) Costs associated with traffic control and street signs to be installed in the plat by the city; (f) Map upgrade fee; and (g) Other charges or fees as determined by the city. 6.19 162 509575v8 AMB CR225-423 Subd. 9. Approval and acceptance of basic improvements. (a) Upon receipt of proof satisfactory to the city engineer that work has been completed and financial obligations to the city have been satisfied, with city engineer approval the security may be reduced from time to time by 90 percent of the financial obligations that have been satisfied. Ten percent of the amounts certified by the subdivider's engineer shall be retained as security. Reductions in the financial guarantee shall be considered only after underground utilities are tested and found to be satisfactory and again after the base bituminous layer has been placed. (b) The financial guarantee shall be held by the city until, upon written notice by the subdivider and certification from a professional engineer that all of the required improvements have been completed and upon verification of such by the city staff, a portion or the entire financial guarantee is released by the city engineer. No financial guarantee shall be released in full until the following has occurred: (1) All improvements have been completed and public improvements have been accepted by the city engineer; (2) Iron monuments for lot corners have been installed; (3) All financial obligations to the city have been satisfied; (4) Reproducible record plans of all public improvements as required by the city engineer have been furnished to the city by the subdivider. Such record plans shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements; (5) A warranty/maintenance guarantee has been provided as described in the Crystal city code, subsection 525.03, subdivision 10, regarding the warranty/maintenance guarantee; and (6) A title insurance policy approved by the city attorney indicating that the improvements are free and clear of any and all liens and encumbrances. Subd. 10. Warranty/maintenance guarantee. The subdivider shall submit either a warranty/maintenance bond or a letter of credit for an amount determined by the city engineer that complies with the following: (a) The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final written city acceptance of the work; (b) The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two years from the date of final written city acceptance of the work; 6.19 163 509575v8 AMB CR225-423 (c) The required warranty period for trees and landscaping is one growing season following installation; and (d) The required warranty period for erosion control will be as established in the development agreement. Subd. 11. Insurance. The subdivider shall take out and maintain or cause to be taken out and maintained until six months after the city has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of subdivider's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for the coverage shall be in accordance to the city’s current requirements. The city shall be named as an additional insured on the policy, and the subdivider shall file with the city a certificate evidencing coverage prior to the city signing the plat. The certificate shall provide that the city must be given ten days advance written notice of the cancellation of the insurance. 525.05. Subdivision design standards. Subd. 1. General standards. Each subdivision created after the effective date of this UDC shall be designed in compliance with the standards of this section, unless a variance is granted in compliance with the Crystal city code, subsection 510.33. Subd. 2. Sidewalks, pathways, and trails. Sidewalk, pathways, trails, and other pedestrian connections shall be required in accordance with the city’s Comprehensive Plan. Subd. 3. Monuments. (a) Official permanent monuments shall be placed as required by Minnesota Statutes, section 505.021; (b) All monument markers shall be correctly in place upon final grading and installation of utilities; (c) The city will not issue building permits for a lot within a plat until monuments have been placed for that lot; and (d) All United States, state, county, or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subd. 4. Subdivision names. The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the city or county. The city shall have final authority to designate the name of the subdivision. Subd. 5. Street names. If applicable, street names shall be a continuation of the names of previously constructed streets. The city shall have final authority to designate street names in order to avoid confusion to the traveling public. Subd. 6. Easements. Easements shall be dedicated on the plat instrument for the required use. 6.19 164 509575v8 AMB CR225-423 Subd. 7. Debris and waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the development agreement or dedication of public improvements, whichever occurs sooner. Subd. 8. Open space and natural features. (a) Natural features (including significant trees, creeks, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible. (b) Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties. Subd. 9. Lot and block design. (a) Lot dimensions. (1) All lot dimensions shall comply with the standards of the applicable zoning district in this UDC. Depth and width of properties reserved or laid out for residential or commercial purposes shall be adequate to provide for the off-street parking and loading facilities that may be required for the type of use contemplated, as established in this UDC. (2) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained, as common area within the development. (b) Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this UDC. In addition, all lots shall abut and have direct access to an improved public street. (c) Street frontage required. Each proposed parcel shall have frontage on a public street. The frontage width shall be the lot width required by the applicable zoning district. (d) Side lot lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. (e) Corner lots. Corner lots shall be of sufficient width and depth to comply with the required minimum building setback from both streets, as established in this UDC. (f) Through lots. 6.19 165 509575v8 AMB CR225-423 (1) No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. An alley is not considered a street for the purposes of this UDC. (2) Vehicular access onto a through lot shall generally be from the public street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary façade faces the higher volume street. Authorization may be given by the city for alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic. (g) Lots abutting water. Lots abutting a water body, wetland, drainage way, channel, stream or pond shall be of sufficient width and depth and at the elevation needed to assure that building sites are not subject to flooding. The platting of lots within the floodplain is subject to the requirements in the Crystal city code, subsection 515.09. (h) Blocks. (1) A block shall normally be so designed as to provide two tiers of lots, unless it adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other natural feature, where it may have a single tier of lots. (2) Block length and width shall be sufficient to accommodate the size of lots required by this UDC and to provide for convenient access, circulation control and safety of street traffic. Subd. 10. Streets. (a) Street dedications. A street that is not constructed to city standards will not be accepted by the city for dedication as a public street. Requirements for street pavement and right- of-way widths are located in the Crystal city code, subsection 800.59. (b) Topography and arrangement (1) The arrangement, width, and location of all streets shall be considered in relation to existing and planned streets, shall provide for reasonable traffic circulation and traffic calming, and shall be appropriately located in relation to topography, run- off of surface water, convenience and safety, and proposed uses of the land to be served. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing and planned streets within and outside the proposed plat. Where adjoining lands are not subdivided, the arrangement of streets shall make provision for the proper projection of streets into adjoining lands by carrying the streets to the boundaries of the plat. The arrangement of streets shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. (2) In commercial and industrial developments, the streets and other accessways shall be planned in connection with the location of buildings, rail facilities, truck loading 6.19 166 509575v8 AMB CR225-423 and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic. (c) Grading and improvement plan. The full width of the street right-of-way shall be graded and improved in conformance with the city’s engineering standard specifications and the construction plans submitted as part of the final plat application. (d) Roadway and access offsets. Roadways or other access points entering upon opposite sides of any given roadway shall have their centerlines located directly opposite each other or the centerlines located shall be offset at least 150 feet for local residential streets, and at least 200 feet for all other roadways. Driveways on local streets accessing one or two family residential dwellings are exempt from this requirement. (e) Signs, traffic signs and signals, and street lights. (1) Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the city engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). (2) Traffic control signs pursuant to Minnesota Statutes, section 169.06, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. (3) Turn lanes and traffic signals shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (4) Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever time period is less. (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed and shall meet the width requirements in the Crystal city code, subsection 800.59. (g) Stub streets and cul-de-sac streets (permanent and temporary). (1) Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider. 6.19 167 509575v8 AMB CR225-423 (2) The closed end of the cul-de-sac shall have a pavement width of 70 feet in diameter and the overall length of the road shall not exceed 500 feet in length as measured from the centerline of the nearest intersection to the closed end of the cul-de-sac. (3) In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de- sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. (h) Alleys. Alleys may be established in the city under the following conditions: (1) The alleys are publicly owned and maintained; (2) The alleys shall be made of concrete; and (3) No home shall be oriented to face the alley; and (4) Alleys are permitted as a secondary access when the lots front on an arterial or collector street. (i) Private streets. Private streets are prohibited. (j) Street design standards. In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this subsection. Street types shall be established in the comprehensive plan. (1) Street Surfacing and improvements. After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the width prescribed in this section. The designer is encouraged to include techniques that will direct surface water drainage to off- street areas. Types of pavement shall be as prescribed in the city’s engineering standard specifications. Adequate provision shall be made for culverts and drains. The portion of the right-of-way outside the area surfaced shall be sodded or planted with other acceptable materials as approved by the city engineer. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city’s engineering standard specifications and shall be incorporated i nto the construction plans required to be submitted by the subdivider for final plat approval. (2) Grading. (i) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb to maintain drainage. 6.19 168 509575v8 AMB CR225-423 (ii) Arterial and collector streets shall have a maximum running grade of five percent. (iii) All other streets shall have a maximum running slope of seven percent, or as determined by the city engineer. (3) Street intersection, tangent, deflection and other design standards. (i) Street Intersections shall intersect at right angles and in no instance shall the angle formed by the intersection be less than 60 degrees. Street intersections having more than four corners shall be prohibited and the curb line at street intersections shall have a radius not less than 15 feet. (ii) Street tangents of at least 150 feet shall be designed between reverse curbs on collector streets and 100 feet on all local streets. (iii) When connecting street lines deflect from each other at a point of more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a site distance of no less than 500 feet for arterials, 300 feet for collectors, and 100 feet for local streets. (iv) Half streets and any corresponding right-of-way for half streets shall be prohibited. Subd. 11. Sanitary sewer, water, and other utilities. (a) The subdivider shall install adequate sanitary sewer and water facilities (including fire hydrants) subject to the specifications in the city’s engineering standard specifications, and the Recommended Standards for Water Works and the Recommended Standards for Wastewater Facilities (known collectively as the “ten-state standards”). (b) The subdivider shall install sanitary sewer, water mains and service connections, stubbed to the lot line, meeting the minimum size requirements of the city and provided to all lots in the subdivision. Where a subdivider is required to install sanitary sewer or water mains that are larger than the minimum size as required by the city, the subdivider will be compensated by the city for the cost differential for material only for the cost of the minimum size sanitary sewer or water compared to the cost of the larger mains installed. (c) The subdivider shall extend sewer and water mains to the lot lines of abutting sites that do not have public water service. (d) Requirements for managing surface water, drainage and erosion control are located in the Crystal city code, subsection 520.17. (e) All new utility facilities, including but not limited to telecommunications cabling, natural gas and electric power, shall be located underground. (f) Unless approved otherwise by the city, a ten foot wide drainage and utility easement shall be required along the front and rear property lines and a five foot wide drainage 6.19 169 509575v8 AMB CR225-423 and utility easement shall be required along the side lot lines of each lot, measured from the lot lines. Such easements shall have continuity for alignment from block to block. Such easements shall also be provided at deflection points for pole-line anchors where necessary. Subd. 12. Parks, trails, and open space dedication. (a) Purpose and nexus, and proportionality. (1) Purpose. These requirements are established for the purpose of assisting with the implementation of the city’s park master plan by providing for the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city. As a means to accomplish the goals in the plan, each developer shall be required to dedicate land, or at the discretion of the city, pay an equivalent cash payment in lieu of land dedication for parks and open space acquisition and development. Since the city is considered fully developed, it is likely that a cash payment in lieu of land dedication will be the method by which this requirement will be accomplished in most instances, although not to the complete exclusion of a land dedication requirement. (2) Nexus. The city council finds that there is a rational nexus between the demands created by the subdivision and related development of land and the need for parks, trails, and open space areas. (3) Proportionality. The city council herein establishes requirements for the dedication and/or development of park land, trail improvements, and open space land that is roughly proportionate to the demands created by the subdivision and development of land resulting from such subdivision approval. (b) Authority. It is found and declared that, pursuant to Minnesota Statutes, section 462.358, subdivision 2b, it is reasonable to require dedication of an amount of land for park, trails, or open space or a cash payment in lieu of a land dedication. (c) Dedication required. (1) The city may require that a portion of the buildable land to be divided be dedicated to the public or preserved for public use as parks, playgrounds, trails, or open space. “Buildable land” means the gross acreage of the property excluding wetlands designated by federal or state agencies, wetlands classified by the Wetland Conservation Act, or state or county rights of way. This dedication requirement applies to subdivisions, but not lot consolidations or adjacent parcel land conveyances as regulated in the Crystal city code, section 510. (2) The requirement is not satisfied if the city determines that the land proposed for dedication is unsuitable for public recreational use. The dedication required by this subsection is in addition to dedication required for streets, roads, utilities, storm water ponding areas, or similar utilities and improvements. Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result 6.19 170 509575v8 AMB CR225-423 of subdividing the property, the number of lots is increased, then the park dedication fee applies only to the net increase of lots. (3) Land dedicated under this section shall conform to the city’s comprehensive plan. The amount of land required for dedication is based upon the buildable land area and equals the land the city reasonably finds it will need to acquire for park or other recreational purposes as a result of approval of the land division. Generally, 10% of the buildable land area to be subdivided must be dedicated for residential subdivisions and 5% for commercial and industrial subdivisions. (4) Prior to the dedication of the required land pursuant to this subsection, the developer shall provide the city evidence of title in a form acceptable to the city attorney or a title insurance policy insuring the city's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the city. (5) When the city requires that a trail be constructed as part of the land dedication requirement, this trail segment shall be interpreted by the city as basic infrastructure and, therefore, the developer shall be required to pay for the construction of the trail improvement. The construction specifications of trails shall be determined by the city engineer and whenever possible, trails shall connect with existing trails and/or walkways. (d) Cash payment in lieu of dedication. In most cases, the city will require a cash payment in lieu of land dedication. In determining whether to require payment or dedication, the council will consider such factors as whether park land is needed in the proposed location, whether the proposed dedication is suitable for the intended use, and whether a cash payment would be more beneficial to development of the entire park system. The required cash payment is found in Table 13. Table 13: Required cash payment Land Use Required payment Residential uses $1,000 per dwelling unit Commercial/Industrial uses $5,000 per acre Cash payments in lieu of dedication are payable before the city releases the final plat for recording. The payment shall be placed in a special fund established by the city to be used solely for the purposes of acquisition and development or improvement of parks, playgrounds, trails, or open space. (e) Credit for private land. A credit of up to 25% of the dedication requirements may be awarded for park and open space that is to be privately owned and maintained by the future residents of the subdivision. A credit will not be awarded unless the following conditions are met: (1) Private open space may not be occupied by nonrecreational buildings and must be available for the use of all the residents of the proposed subdivision; 6.19 171 509575v8 AMB CR225-423 (2) Required building setbacks will not be included in computation of private open spaces; (3) Use of the private open space must be restricted for park, playground, trail, or open space purposes by recorded covenants that (1) run with the land in favor of future owners of property, and (2) cannot be eliminated without the consent of the city council; (4) Credit for private trail improvements shall only be given by the city when the trail system connects to a public trail or walkway system; (5) The private open space will be of a size, shape, location, topography, and usability for park or recreational purposes, or contain unique features which are important to be preserved; and (6) The private open space must reduce the demand for public recreational facilities or public open space occasioned by development of the subdivision. 6.19 172 509575v8 AMB CR225-423 Section 530 Signage 530.01. Findings, purpose and effect. Subd. 1. Findings. The city council hereby finds as follows: (a) Exterior signs have a substantial impact on the character and quality of the environment; (b) Signs provide an important medium through which individuals may convey a variety of messages; and (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose and intent. It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare; (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community; (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics; and (d) Provide for fair and consistent enforcement of the sign regulations set forth in this section. 530.03. General sign requirements. Subd. 1. Permit required. Unless exempted as defined in this subsection 2 below, no sign shall be erected, altered, reconstructed, maintained, or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be on a form provided by the city. Subd. 2. Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this UDC or any other law or ordinance regulating the same. 6.19 173 509575v8 AMB CR225-423 (a) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (b) Small signs. (c) Governmental signs. Subd. 3. Prohibited signs. The following signs are prohibited: (a) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal; (b) All off-premise signs; (c) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures; (d) Signs placed in the public right-of-way other than governmental signs and courtesy bench signs regulated by chapter VIII, subsection 805.01; (e) A sign, including unshielded display lighting, that obstructs or distracts the vision of drivers or pedestrians, or detracts from the visibility of any official traffic control device; (f) A sign that contains, imitates, interferes with, obscures or causes confusion with an official traffic sign or signal, except for private, on premise directional signs; (g) Abandoned signs; (h) Roof signs; and (i) Vehicle signs. Subd. 4. Substitution clause. The owner of any sign which is otherwise allowed by these sign regulations may substitute noncommercial copy in lieu of any other commercial or non- commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 530.05. Sign design standards. Subd. 1. Computations. The following principles shall control the computation of sign area and sign height: 6.19 174 509575v8 AMB CR225-423 (a) The area of a sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that shall encompass the extreme limits of the writing, representation, emblem, or other display. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the regulations of this UDC and is clearly incidental to the display itself (See Figure 22); Figure 22: Illustration of how sign area is calculated. (b) A wall façade shall be determined by multiplying the total building width by the height of the wall or surface area (see Figure 23); Figure 23: Illustration of wall sign area calculation. (c) If a sign has two or more faces, the area of all faces shall be included in determining the total area of the sign, except that if two sign faces are placed back-to-back, and are at no point more than 30 inches from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area; and (d) The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. 6.19 175 509575v8 AMB CR225-423 Subd. 2. Electrical signs. Electrical signs must be installed in accordance with the current electrical code and a separate permit from the building official shall be obtained prior to placement. Subd. 3. Height. The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached; except that the height of any changeable sign which is attached to or an integral part of a functional structure, such as a water tower, smoke stack, radio or TV transmitting tower, beacon or similar structure shall be no higher than such structure. Signs, including any superstructure standing or erected free of any building or other structure, shall not exceed an overall height of 25 feet from ground level and shall be located on land in an area which is landscaped or if such land is part of an approved parking area, it shall be surfaced or paved as required in this UDC. Subd. 4. Illumination. External illumination for signs shall be so constructed and maintained that the source of light meets the requirements of the Crystal city code, subsection 520.07. Subd. 5. Intersections. A sign or sign structure shall comply with the visibility requirements in the Crystal city code, chapter 8. 530.07. Maintenance and repair. Subd. 1. Maintenance. Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. Subd. 2. Repairs. (a) Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this subsection, shall be removed or otherwise properly secured in accordance with the terms of this subsection by the owners thereof or by the owners of the grounds on which said sign shall stand, upon written notice by the city. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the city. (b) In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to remove or repair said sign within 60 days after the use is terminated, a written notice shall be given and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands. 530.09. Allowed sign types. (a) Table 14 lists the sign types allowed within each zoning district. The symbols and headings used in the table are defined as follows: (1) A “P” in a cell indicates a sign type that is allowed in the zoning district with an approved sign permit application; 6.19 176 509575v8 AMB CR225-423 (2) An “A” in a cell indicates a sign type that is allowed in the zoning district, but is exempt from obtaining a sign permit; (3) A cell with a “-“ indicates a sign type that is not allowed in the zoning district; and (4) The “sign specific standards” column cross-references standards that are specific to an individual sign type and are applicable to that sign in all districts unless otherwise stated in the sign specific standards. 6.19 177 509575v8 AMB CR225-423 Table: 14: Signs allowed by zoning district Sign Type Zoning District Sign Specific Standards R-1 R-2 R-3 C I AP Canopy, Marquee, and Fixed Awnings P P P P P P 530.11, subdivision 1 Electronically controlled readerboard P P P P P P 530.11, subdivision 2 Electric P P P P P P Freestanding - - - P P P 530.11, subdivision 3 Governmental A A A A A A Monument P P P P P P 530.11, subdivision 4 Multi-Tenant - - - P P - 530.11, subdivision 6 Off-Premise - - - - - - Projecting - - - P P P 530.11, subdivision 5 Roof - - - - - - Rotating - - - - - - Shimmering - - - P P P Temporary P P P P P P 530.11, subdivision 7 Small A A A A A A Wall P P P P P P 530.11, subdivision 8 530.11. Sign specific standards. The following requirements for specific sign types apply in addition to those requirements found in Table 14. Subd. 1. Canopies, marquees and fixed awnings. Signs are allowed on canopies, marquees and fixed awnings, which are an integral part of the structure to which they are attached. Within the residential districts, these signs are only allowed for multiple family dwellings, or institutional or commercial uses, but are allowed for all building types in the commercial and industrial districts. Canopy, marquee, and fixed awning signs are subject to the following standards: 6.19 178 509575v8 AMB CR225-423 (a) An awning, canopy or marquee may not project into the public right-of-way nearer than 30 inches to the street curb or curb line; (b) The bottom of awning signs shall be no less than eight feet above the sidewalk or grade at any point; (c) Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; (d) Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all responsibility; and (e) Canopies and marquees are a part of the building structure but the area of canopies and marquees may not be used in the computation of total wall area. Subd. 2. Electronically or electrically controlled readerboards. Electronically or electrically controlled readerboards are permitted provided that the sign: (a) Displays a given copy or graphic image for a minimum of three seconds within the readerboard frame if having lamps of a single color, or for a minimum of two minutes if having lamps of more than one color; (b) Is included in an otherwise permitted and conforming wall, free-standing or monument sign, and the area of the readerboard may not exceed 50% of the total area of the sign in which it is integrated, or 50 square feet, whichever is less, and only one readerboard per premise is allowed; (c) Displays a static message with no fade, dissolve, scrolling, spinning or zooming action; and (d) Does not cast light on any public street in excess of one foot candle at the lot line along said street, or in excess of 0.4 foot candle at the lot line of any residential property. Subd. 3. Freestanding or pylon signs. Freestanding or pylon signs are subject to the following standards: (a) Freestanding or pylon signs shall meet the requirements in Table 15. (b) An electronically controlled reader board is allowed as part of a freestanding or pylon sign. 6.19 179 509575v8 AMB CR225-423 Table: 15: Freestanding or Pylon Signs Sign Type Number Allowed Maximum Height Area Minimum Street Frontage Setback From Lot Line Setback From Right-of- Way Freestanding or pylon sign 1 [1] 25 feet 1 square foot of sign per linear foot of frontage [2] 50 feet 10 feet, and 50 feet from residential district, park, school, library, church or similar land use [3] 10 feet Notes: 1. A property abutting more than one street may have one additional freestanding sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other freestanding sign on the property. 2. The area of a sign may not exceed the following square footages based on the street the sign abuts: 1. Principal arterial - 200 square feet 2. Minor arterial or major collector – 150 square feet 3. Minor collector – 100 square feet 4. Local – 50 square feet 3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement. Subd. 4. Monument signs. Monument signs are subject to the following standards: (a) In the residential districts, monument signs are only allowed for multiple family dwellings or institutional or commercial uses. (b) Monument signs shall meet the requirements in Table 16. (c) An electronically controlled reader board is allowed as part of a monument sign. 6.19 180 509575v8 AMB CR225-423 Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Monument 1 [1] 6 feet Maximum 75 square feet 10 feet 10 feet Note: 1. A property abutting more than one street may have one additional monument sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or major collector street. Subd. 5. Projecting signs. Projecting signs are subject to the following standards: (1) Projecting signs shall meet the requirements in Table 17. Table: 17: Projecting Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Projecting Maximum of 2 wall or projecting signs per wall [1] Minimum 10 feet clearance above grade and may not be higher than roofline Up to 10% of the wall area to which it is affixed when combined with wall signs 10 feet, but sign may be equidistant between the side property lines if the property is less than 20 feet in width 10 feet Note: 1. A property abutting more than one street may have one additional projecting sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other projecting sign on the property. 2. Buildings exceeding 80,000 square feet in size on lots of over 20,000 square feet are permitted to have wall/projecting signage of up to 250 square feet. Subd. 6. Multi-tenant. The following provisions shall apply to multi-tenant buildings within the commercial and industrial districts. 6.19 181 509575v8 AMB CR225-423 (a) Wall signs. Each tenant in a multi-tenant building may have a flat wall sign in compliance with the wall sign requirements in Table 18. In addition, the multi-tenant building may have wall signage on common walls of the building as long as no more than ten percent of that wall is occupied by signage. (b) Freestanding signs. One freestanding sign shall be permitted for each multi-tenant building. (c) Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area. Subd. 7. Temporary signs. The temporary use of banners, pennants, balloon signs, portable signs and similar devices requires a permit. The permit is valid for seven consecutive days. Not more than six permits for each property may be granted in a 12-month period. The permit must be prominently displayed at the principal use in the same manner required for building permits. Temporary signs shall conform to the same location and dimension requirements as permanent signs. (a) Non-commercial speech signs. Notwithstanding any other provisions of these sign requirements, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. Subd. 8. Wall signs. (a) Wall signs in residential districts. In the residential districts, wall signs are allowed for multiple family dwellings, or institutional or commercial uses, subject to the following standards: (1) Wall signs are only permitted on walls fronting on a public street or facing other property used for institutional, commercial or industrial purposes. (2) No more than one sign is permitted on each wall. (3) No wall sign shall exceed 10% of the wall area or 75 square feet in area, whichever is less. (4) Wall signs for home business are allowed according to the requirements in the Crystal city code, subsection 515.23. (b) Wall signs in commercial and industrial districts. In the commercial and industrial districts, wall signs are subject to the following standards: (1) Wall signs shall meet the requirements in Table 18. 6.19 182 509575v8 AMB CR225-423 Table: 18: Wall Signs Sign Type Number Allowed Area Wall Maximum of 2 wall or projecting signs per wall Up to 10% of the wall area to which it is affixed when combined with projecting signs (2) Buildings exceeding 80,000 square feet in size on lots of over 20,000 square feet are permitted to have wall/projecting signage of up to 250 square feet. (3) A wall sign may be displayed on the side or rear of a building facing a yard not abutting on a street under the following conditions: (i) The sign is visible from a public roadway on which the building abuts. (ii) The side or rear yard on the side of the building to be signed must meet district setback requirements. (iii) The sign(s) may not be larger in area than the largest sign permitted elsewhere on the building. (iv) If the side or rear yard on the side of the building to be signed abuts a park property or a residential use, any lighting of sign must be shielded in accordance with the Crystal city code, subsection 520.07. Article II. Chapter IV of the Crystal City Code is hereby amended by adding a new Section 407 as follows: Section 407 – Certificate of Occupancy 407.01. Certificate of occupancy. Subd. 1. Purpose and authority. The purpose of the certificate of occupancy procedure is to provide an administrative review process to ensure compliance with Crystal city code, chapters 4 and 5 prior to the establishment or change of any business within the city. The building official shall consider and render decisions on all applications for certificates of occupancy. Subd. 2. Certificate of occupancy required. 6.19 183 509575v8 AMB CR225-423 (a) No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building official stating that the building or structure complies with all of the provisions within this code. (b) Said certificate shall be applied for coincident with the application for a building permit and shall be issued within ten days after the building inspector shall have found the building or structure satisfactory and given final inspection. Article III. Chapter VIII of the Crystal City Code is hereby amended by adding a new Section 805A as follows: Section 805A – Visibility Triangle 805A.01. Visibility triangle. Subd. 1 Applicability. Property adjacent to the intersection of any street with any other street (intersection visibility triangle) or property adjacent to any approach of a driveway or alley to any public street or sidewalk (approach visibility triangle), collectively known as “visibility triangle”, is subject to the requirements in this section. Subd. 2. Intersection visibility triangle defined. An intersection visibility triangle, which may include private property and/or public right-of-way, is a triangular area defined as follows (see Figure 1): (a) At intersecting streets, each leg of the triangle shall be 40 feet long, measured along the street curb from the hypothetical intersection of the extended curb lines of the intersecting streets; and (b) The hypotenuse of the triangle shall be the line connecting the outside end of each leg. 6.19 184 509575v8 AMB CR225-423 Figure 1: Illustration of Intersection Visibility Triangle Subd. 3. Approach visibility triangle defined. An approach visibility triangle, which may include private property and/or public right-of-way, is a triangular area defined as follows (see Figures 2 and 3): (a) At a driveway or alley, each leg of the triangle shall be 10 feet long, measured along the edge of the alley or driveway and the edge of the public street or sidewalk from the intersection of said edges; and (b) The hypotenuse of the triangle shall be the line connecting the outside end of each leg. Figure 2: Illustration of Approach Visibility Triangle for approaches to a public street 6.19 185 509575v8 AMB CR225-423 Figure 3: Illustration of Approach Visibility Triangle for approaches to a public sidewalk Subd. 4. Structures or landscaping in visibility triangles. (a) Measurement of height. The height of structures or landscaping elements proposed in a visibility triangle is measured from the top of the adjacent curb. (b) Prohibitions. The following are prohibited within the visibility triangles as illustrated in Figures 1, 2 and 3: (1) Any structure or landscape element, except signs, in excess of 30 inches. An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade. For any portion of the visibility triangle in the public right-of-way, the provisions of the Crystal city code, section 800.59, subdivision 4 pertaining to boulevard plantings also apply and the more restrictive provisions shall govern. (2) Signs on private property that are between 30 inches at the top of the sign to 8 feet for the lowest portion of the sign frame, but in no case shall any sign be located in the public right-of-way. Governmental signs as defined in the Crystal city code, section 505 are exempt from this prohibition. (c) Exceptions. Upon request of a property owner, the city engineer may grant an exception to these prohibitions based on facts and circumstances unique to the property which cause these prohibitions to be neither reasonable nor necessary. In such cases the property owner shall submit a written request for relief from these prohibitions including the rationale therefor. Such a request shall be subject to the review and approval of the city engineer and placed in the city’s records for the respective property. 6.19 186 509575v8 AMB CR225-423 ARTICLE IV. This ordinance is effective upon adoption and 30 days after publication. First Reading: December 19, 2017 Second Reading: _____________ Council Adoption:____________ Publication: _________________ Effective Date: _______________ BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.19 514011v1 CR225-423 Attachment C CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2018-__ RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2017-07 WHEREAS, the Crystal City Council adopted Ordinance No. 2017-07 “An Ordinance Amending Chapter 5 of the Crystal City Code” (“Ordinance”) at its meeting held on January 2, 2018; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council is to approve the form of the summary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL AN ORDINANCE AMENDING CHAPTER 5 OF THE CRYSTAL CITY CODE SUMMARY OF ORDINANCE No. 2017-07 Ordinance No. 2017-07 has been approved by the city council on January 2, 2018. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The ordinance amends Chapter V of the Crystal City Code by deleting it and replacing it with a substantially revised unified development code. The ordinance restructures and updates the land use regulations into a new format that is intended to be easier to follow and administer. This chapter contains zoning regulations, subdivision regulations, floodplain regulations, sign regulations, and other land use regulations. Requirements related to certificates of occupancy are being moved to Section 407 and regulations associated with maintaining visibility triangles at street intersections are being moved to Section 805A. The ordinance is effective 30 days after publication. BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do each of the following: 1. Publish the approved summary language once in the City’s official newspaper; 2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of 6.19 2 514011v1 CR225-423 the summary language in the City’s ordinance book; 3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk during the City’s regular business hours; 4. Incorporate the text of the Ordinance into the Crystal City Code; and 5. Post the updated Crystal City Code on the City’s website. Adopted this 2nd day of January, 2018. BY THE CITY COUNCIL _________________________________ Jim Adams, Mayor ATTEST: ________________________________ Christina Serres, City Clerk 6.19 PAGE 1 OF 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 21, 2017 TO: Anne Norris, City Manager (for January 2 meeting) SUBJECT: Consider approval of a resolution adopting an approved tree list A.BACKGROUND At the January 2, 2018 City Council meeting the Council is being asked to give a second reading to the ordinance that will replace Chapter 5 in the City Code – the Unified Development Code (UDC). In the landscaping section of the UDC, there is a reference to a city-approved tree list. Staff is requesting that the Council approve a resolution adopting this tree list. The proposed resolution is attachment A. B.APPROVED TREE LIST Staff has worked to create a list of 52 tree species for planting in Crystal. A variety of tree species helps to reduce the likelihood that one species will dominate the city’s urban forest. If the city were to experience an insect infestation or disease that affects a dominate tree in Crystal, the city could lose many trees at one time. The tree list is composed of a variety of trees that can withstand weather conditions in Minnesota. The approved tree list would be used for the planting of trees for city projects, for new residential subdivisions, and for new commercial development. C. REQUESTED ACTION Staff requests the Council adopt the resolution in attachment A, approving a tree list Attachment: A. Resolution COUNCIL STAFF REPORT Approved Tree List 6.20 RESOLUTION NO. 2018 - ______ RESOLUTION ADOPTING APPROVED TREE LIST WHEREAS, the city desires to have a diverse urban forest to prevent the dominance of one tree species that may be susceptible to future insect infestation or disease; and WHEREAS, City code section 520.11 of the Crystal city code references a list of tree species approved for planting under certain circumstances; and WHEREAS, the attached approved tree list will provide guidance to property owners and developers of which tree species the city desires to be part of its urban forest. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the attached approved tree list is adopted. Adopted by the Crystal City Council this 2nd day of January, 2018. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 6.20 Approved Tree List Common Name Botanical Name Common Name Botanical Name Accolade Elm Ulmus ‘Accolade’ Littleleaf Linden Tilia cordata American Hophornbeam (aka Ironwood) Ostrya virginiana Northern Catalpa Catalpa speciosa American Linden Tilia Americana Ohio Buckeye Aesculus glabra American Sycamore Platanus occidentalis Prairie Dream Paper Birch Betula papyrifera ‘Varen’ Amur Chokeberry Prunus maackia Prairie Expedition Elm Ulmus Americana ‘Lewis & Clark’ Amur Cork Tree Phellodendron amurense Princeton Elm Ulmus Americana ‘Princeton’ Amur Maackia Maackia amurensis Quaking Aspen Populus tremuloides Asian White Birch Betula playphylla Red Buckeye Aesculus pavia Autumn Splendor Buckeye Aesculus ‘Autumn Splendor’ Red Oak Quercus rubra Black Tupelo Nyssa sylvatica River Birch Betula nigra Blue Beech (aka Musclewood) Carpinus caroliniana St. Croix Elm Ulmus Americana ‘St Croix’ Bottlebrush Buckeye Aesculus parviflora Silver Linden Tilia tomentosa Bur Oak Quercus macrocarpa Speckled Alder Alnus regosa Common Hackberry Celtis occidentalis Swamp White Oak Quercus bicolor Common Horsechestnut Aesculus hippocastanatum Sweet Birch Betula lenta Crabapple Malus spp. (disease-resistant spp.) Thornless Honeylocust Gleditsia triacanthus inermis Cucumber Tree Magnolia acuminata Tree Lilac Syringa reticulata Downy Serviceberry (tree form) Amelanchier arborea (tree form) Triumph Elm Ulmus ‘Morton Glossy’ Eastern Hemlock Tsuga Canadensis Valley Forge Elm Ulmus Americana ‘Valley Forge’ Eastern Redbud (northern strain) Cercis Canadensis White Oak Quercus alba European Hornbeam Carpinus betulus Yellow Birch Betula alleghaniensis Gingko (aka Maidenhair Tree) Ginkgo biloba (male tree only) Yellow Buckeye Aesculus flava Harvest Gold Mongolian Linden Tilia mongolica ‘Harvest Gold’ Yellowhorn Xanthoceras sorbifolium Hybrid Serviceberry (tree form) A. arborea x grandiflora (tree form) Yellowwood Cladrastus kentukea Katsura Tree Cerdidiphyllum japonicum Kentucky Coffeetree Gymnocladus dioicus Large-leaved Linden Tilia platphyllos Liberty Elm Ulmus Americana ‘Liberty’ 6.20 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, City Manager (for January 2 Council meeting) SUBJECT: Consider authorizing a contract with the City of Brooklyn Park for environmental health services in 2018 The city of Brooklyn Park’s Code Enforcement and Public Health Division (“BPEH”) has provided environmental health inspections and related services on a contract basis to the city of Crystal since 2006. Over that time there have been dramatic reductions in the scope of contracted health services due to the MN Departments of Agriculture and Health and/or Hennepin County assuming responsibility for inspection and licensing of grocery and convenience stores, bakeries, pre-packaged food sales, perishable and non-perishable vending operations, retail food establishments, lodging establishments, public swimming pools, and tattoo and body piercing establishments. The proposed 2018 agreement covers those health services necessitated by certain provisions of the Crystal City Code, including: Chapter 4, Section 425 (Property Maintenance Code) - as needed to investigateunsanitary conditionsChapter 6 Public Health - as needed to investigate public health nuisancesChapter 11, Section 1195 - annual Therapeutic Massage License inspections As with prior agreements, this would be an hourly contract with a not-to-exceed amount:The hourly rate is increasing to $72 from $69. This is the first increase in 11 years.The not-to-exceed amount of $2,000 is half the amount in the 2017 contract. Thisreduction is due to the recently adopted re-write of Chapter 6 wherein we will nolonger be proactively inspecting steam baths, public restrooms and tanning facilities.However, we retain the ability to call on BPEH to assist with our response to public health nuisances generally, on an as-needed basis. As of today, total billings under the 2017 contract are only $604, compared with $845 in 2016 and $2,415 in 2015. Staff requests approval of the attached 2018 Environmental Health Services Agreement with the city of Brooklyn Park for environmental health services. COUNCIL STAFF REPORT 2018 Environmental Health Contract with Brooklyn Park 6.21 Page 1 of 6 ENVIRONMENTAL HEALTH SERVICES AGREEMENT This Environmental Health Services Agreement (“Agreement”) is made on this ____ day of ____________, 20__, by and between the City of Crystal, a Minnesota municipal corporation (“Crystal”) and the City of Brooklyn Park, a Minnesota municipal corporation (“Brooklyn Park”). WHEREAS, Crystal is authorized and empowered to provide for environmental health services to ensure the public health, safety and welfare; and WHEREAS, environmental health services have been provided to Crystal by Brooklyn Park for Crystal since November 21, 2006; and WHEREAS, Brooklyn Park currently has employees performing environmental health services; and WHEREAS, Brooklyn Park has determined that, in addition to providing environmental health services for itself, its employees can continue to provide these services to Crystal; and WHEREAS, both parties can benefit from Brooklyn Park continuing to provide these services to Crystal; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms by which Brooklyn Park will perform the services on behalf of Crystal; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: 1. Environmental Health Services. A. Hourly Services. Brooklyn Park shall provide the following environmental health services to Crystal upon the request of Crystal (“Hourly Services”): 1. Respond to any environmental health emergencies, such as illness outbreaks or pollution investigations. If Brooklyn Park first becomes aware of an environmental health emergency in Crystal, it shall reasonably attempt to notify Crystal before responding. 2. Perform routine inspections of existing establishments and facilities, as required by applicable Codes. Crystal shall be responsible for prosecuting any Code violations; and 3. Perform complaint investigations for complaints received pursuant to the applicable Codes. Crystal shall be responsible for forwarding the complaint to Brooklyn Park’s Code Enforcement & Public Health Manager for 6.21 Page 2 of 6 investigation. Crystal shall also be responsible for prosecuting any Code violations; and 4. Respond to any public health nuisances such as clandestine drug lab sites, unsanitary housing, air quality, and water pollution. Crystal shall be responsible for informing Brooklyn Park’s Code Enforcement & Public Health Manager of any public health nuisance and prosecuting any Code violations. If Brooklyn Park first becomes aware of a public health nuisance in Crystal, it shall reasonably attempt to notify Crystal before responding; and 5. Provide assistance to Crystal in providing general information from the Codes related to environmental health to citizens and businesses; and 6. Respond to any complaints related to violation of the noise standards as defined by Minnesota Rules Chapter 7030. Crystal shall be responsible for forwarding any noise complaints to Brooklyn Park’s Code Enforcement & Public Health Manager for response. Crystal shall also be responsible for prosecuting any Code violations; and 7. Provide other inspection services or technical recommendations related to Code matters as may from time to time be requested by Crystal; and 8. Assist Crystal in its prosecutions of any Code violations by providing information and testifying in court. B. Crystal at all times shall be responsible for administering and enforcing any of its zoning requirements, including but not limited to, approval of site plans, building size, building location and building use and any other applicable performance standards. Crystal shall be responsible for administering and issuing all licenses and permits and collecting any applicable fees. Crystal shall receive and retain any applicable license or permit fees. Under no circumstances shall Brooklyn Park be responsible for performing any services related to Fire Code or Zoning Code enforcement or any other code compliance inspections that are not performed in connection with issuance of an environmental health license or public health investigation. Brooklyn Park shall not be responsible for prosecuting any Code violations or violations of any other code provision, State statute or regulation. C. The Hourly Services to be performed by Brooklyn Park may be performed by any qualified member of the Brooklyn Park Code Enforcement and Public Health Division and any qualified employee working under the direction and supervision of Brooklyn Park’s Code Enforcement & Public Health Manager. 2. Fees and Expenses. 6.21 Page 3 of 6 A. Fees. For any Hourly Services provided by Brooklyn Park, Crystal shall pay an hourly rate of $72.00/hour (“Hourly Fee”) and shall not exceed a cumulative total of $2,000 over any calendar year. If the Hourly Services consist of responding to an environmental health emergency, Crystal shall also pay Brooklyn Park any overtime pay incurred by Brooklyn Park for its responding personnel, any equipment rental costs (including equipment that is owned by Brooklyn Park), supply costs, outside vendor services costs and costs for any other services used by Brooklyn Park during the environmental health emergency. Brooklyn Park’s Code Enforcement and Public Health Manager or his or her designee shall have the exclusive authority in determining the need for any of these resources. B. Adjustment of Fees. The Hourly Fee listed above may increase on January 1 st of each year. Prior to January 1st, representatives from Brooklyn Park and Crystal shall meet to determine the amount of the increases. The increases shall be approved by the Crystal City Council. C. Payment of Fees. Brooklyn Park shall submit to Crystal by the 15 th of each month a detailed statement of the Hourly Services rendered in the month prior along with an invoice that includes the amount due, in such form and detail as Crystal may reasonably require, as well as periodic suggestions regarding other matters relating to the inspection service. Crystal shall pay the invoice no later than thirty days from the date of the invoice. 3. Records. Brooklyn Park shall maintain any original records related to the Hourly Services for Crystal. These records shall be kept on file by Brooklyn Park pursuant to State law. They shall be accessible to Crystal. In the event this Agreement is terminated, all original records shall be returned to Crystal. 4. Administrative Responsibility. The Brooklyn Park Code Enforcement & Public Health Manager and his or her designees are hereby provided specific authority by Crystal to administer and enforce the Codes as provided by this Agreement. The daily administration of the Hourly Services rendered pursuant to this Agreement shall be under the sole direction of Brooklyn Park. The degree of Hourly Services rendered, the standards of performance and other matters relating to regulations and policies shall remain under the control of Brooklyn Park. The Hourly Services rendered under this Agreement shall be performed at the City offices of Brooklyn Park, except for required on-site inspections or as otherwise specifically noted in this Agreement. 5. Personnel, Employees of Brooklyn Park. Any employee assigned by Brooklyn Park to perform the Hourly Services pursuant to this Agreement shall remain the exclusive employee of Brooklyn Park. Crystal shall not assume any liability and shall not be responsible for the direct payment of any salary, wage, workers’ compensation, income tax withholding, PERA withholding tax and health insurance or any other type of compensation to any Brooklyn Park employee for performing the Hourly Services pursuant to this Agreement. 6.21 Page 4 of 6 6. Communications, Equipment and Supplies. With the exception of environmental health emergency services, Brooklyn Park shall be responsible for the costs of providing any necessary supplies, equipment and vehicles for the Brooklyn Park Code Enforcement & Public Health Manager and his or her designees in performance of the Hourly Services. In the event that there are any supplies that must be specially printed for Crystal such as permits, licenses, forms, etc., Crystal shall be responsible for purchasing these supplies. 7. Indemnification. Brooklyn Park agrees to defend, indemnify and hold harmless Crystal and its officials, agents and employees from and against all claims, actions, damages, losses, liabilities or expenses, including attorneys’ fees arising out of or resulting from Brooklyn Park’s performance of the Hourly Services pursuant to this Agreement. Crystal agrees to defend, indemnify and hold harmless Brooklyn Park and its officials, agents and employees from and against all claims, actions, damages, losses, liabilities or expenses, including attorneys’ fees arising out of or resulting from Crystal’s performance of its duties required under this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 8. Insurance. During the entire term of this Agreement, Crystal shall maintain comprehensive general liability insurance in amounts sufficient to cover the maximum liability limits provided by state law, in order to protect Crystal and Brooklyn Park from liability, which arises directly or indirectly from the provision of the Hourly Services pursuant to this Agreement. This insurance shall include coverage of Crystal’s indemnification obligation in paragraph 7 above. 9. Severability. In the case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and any other application of this Agreement shall not in any way be affected or impaired. 10. Notices. All notices required by this Agreement shall be in written form and shall be delivered to the respective City Manager. Notice may be made by personal delivery, facsimile or U.S. Mail. 11. No Partnership. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Brooklyn Park as the agent, representative or employee of Crystal for any purpose or in any manner whatsoever. Brooklyn Park is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 12. Entire Agreement. This Agreement represents the entire Agreement between Crystal and Brooklyn Park and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, 6.21 Page 5 of 6 addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 13. Term of Agreement. Notwithstanding the date of execution, this Agreement shall be effective on January 1, 2018 and shall terminate on December 31, 2018. This Agreement may be renewed for additional one year terms by mutual agreement of the parties. Either party may terminate this Agreement without cause upon 180 days’ prior written notice to the other party. In the event of termination of the Agreement by either party, Crystal shall be responsible for payment of a prorated amount of the quarterly Annual Fee for any Hourly Services rendered by Brooklyn Park after the termination date which are necessarily incurred in order to complete work begun prior to the termination date. 14. Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF BROOKLYN PARK By: _________________________ Jeffrey Lunde Its: Mayor By: _________________________ Jay Stroebel Its: City Manager CITY OF CRYSTAL By: __________________________ Jim Adams Its: Mayor By:__________________________ Anne Norris Its: City Manager 6.21 Page 6 of 6 EXHIBIT A The following Crystal City Code provisions shall be applicable to the Hourly Services being provided by Brooklyn Park pursuant to this Agreement: Chapter 4, Section 425 – Property Maintenance Code (applicable sections; e.g., unsanitary conditions) Chapter 6 – Public Health, including but not limited to Public Nuisances, Garbage and Refuse, and Noise Control Chapter 11, Section 1195 – Therapeutic Massage 6.21 Memorandum DATE: December 21, 2017 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC SUBJECT: Consideration of Resolution Appointing the Firm of BerganKDV for Auditing Services for the 2017 Financial Statements Background According to the City of Crystal’s Charter, the City is required to undergo an annual audit of its finances. The annual audit is a critical element in the City Council’s control over the city. This audit may be conducted by either the Office of the State Auditor or a firm of certified public accountants. The City of Crystal has used CPA firms in past years. Discussion The City Council appointed BerganKDV to provide auditing services for the years 2014 through 2018. In addition, this firm provided audit services for 2004 – 2013. Audit engagements normally last for several years so that the cost of setting up files in the first year can be spread over several additional audits. BerganKDV’s estimated fee for the audit of the year 2017 is $35,600. Conclusion The City Council is requested to consider approving the attached resolution approving the Firm of BerganKDV for Auditing Services for the year 2017. 6.22 RESOLUTION NO. 2018 -______ RESOLUTION APPROVING THE FIRM OF BERGANKDV FOR AUDITNG SERVICES FOR THE 2017 FINANCIAL STATEMENTS WHEREAS, Section 7.11 of the City of Crystal Charter requires an annual audit of the City’s financial statements, and WHEREAS, the firm of BerganKDV has audited the City’s financial statements for the years 2004 through 2016, and WHEREAS, it is in the interests of the City that BerganKDV be retained to audit the year 2017 financial statements. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Crystal that BerganKDV are appointed to audit the City of Crystal for the year 2017 financial statements for an estimated fee of $35,600 and the City Manager is authorized to sign the engagement letter. Adopted by the Crystal City Council this 2nd day of January, 2018. Jim Adams, Mayor Attest: Christina Serres, City Clerk 6.22 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  ANNUAL ORGANIZATIONAL MEETING  TUESDAY, JANUARY 2, 2018 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Election of officers 4. Approval of minutes from December 5, 2017 Regular Meeting 5. Public Hearing to consider a resolution approving the sale of an EDA lot at 4724 Lakeland Avenue North to Tollberg Homes for construction of a new single family home 6. Consider tentative acceptance of a proposal from Novak-Fleck for construction of a new single family home on the EDA lot at 5573 Zane Avenue North 7. Consider amended EDA Bylaws 8. Other business * 9. Adjournment * *Items for which no materials are included in the packet PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2, 2018 meeting) SUBJECT: Election of Officers for 2018 On January 2, 2018 the EDA will hold its annual organizational meeting at which the members will nominate and elect officers for 2018. Please see the following page for a table showing the officers for the preceding ten years. Any EDA member may, by a single motion, place into nomination a slate of EDA officers, whether the Mayor’s recommended slate or a different slate. If the motion receives a second, then the slate can be approved in one vote. EDA action is requested. EDA STAFF REPORT Election of Officers PAGE 2 OF 2 EDA OFFICERS Mayor’s recommended slate of officers for 2018 President Vice President Secretary Treasurer ____________ ____________ ____________ ____________ Other slate nominated by ______________ ____________ ____________ ____________ ____________ Other slate nominated by ______________ ____________ ____________ ____________ ____________ Previous ten years: 2017 Kolb Dahl Parsons LaRoche 2016 Peak Parsons Dahl Kolb 2015 Peak Parsons Dahl Kolb 2014 Deshler Hoffmann Libby Peak 2013 Hoffmann Deshler Budziszewski Selton 2012 Anderson Bowman Moore Deshler 2011 Hoffmann Bowman Moore Anderson 2010 Hoffmann Bowman Grimes Anderson 2009 Hoffmann Bowman Grimes Anderson 2008 Hoffmann Bowman Grimes Anderson Page 1 of 2 Minutes of the Crystal Economic Development Authority Regular Meeting December 5, 2017 President Kolb called the special meeting of the Crystal Economic Development Authority to order at 6:48 p.m. Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Elizabeth Dahl, Julie Deshler, Jeff Kolb, Nancy LaRoche and Olga Parsons. The following staff members were present: Anne Norris, Executive Director, John Sutter, Deputy Executive Director, and Troy Gilchrist, City Attorney. Motion by Commissioner LaRoche (Adams) to approve the minutes of the November 21, 2017 special meeting. Motion carried. The EDA considered tentative acceptance of a proposal from Tollberg Homes to purchase the EDA lot at 4724 Lakeland Avenue North. Mr. Sutter presented the staff report and took questions from the Board. Following EDA discussion, motion by Commissioner Deshler (Adams) to tentatively accept the proposal from Tollberg Homes for the EDA lot at 4724 Lakeland Avenue North. Motion carried. The EDA considered a resolution adopting a 2018 budget and tax levy and requesting their approval by the City Council. Mr. Sutter summarized the staff report. Motion by Commissioner Parsons (LaRoche) to adopt a resolution adopting a 2018 budget and tax levy and requesting their approval by the City Council. Motion carried. There was no other business. Motion by Commissioner Deshler (Dahl) to adjourn. Motion Carried. The meeting adjourned at 6:53 p.m. ______________________________ Page 2 of 2 Jeff Kolb, President ATTEST: ______________________________ Olga Parsons, Secretary PAGE 1 OF 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2 EDA meeting) SUBJECT: PUBLIC HEARING: Consider resolution authorizing the sale of lot at 4724 Lakeland Avenue North for construction of new home _____________________________________________________________________ Tollberg Homes, a Minnesota Residential Building Contractor with no enforcement actions, has submitted a proposal to purchase the lot at 4724 Lakeland Avenue North for $55,000. The EDA tentatively accepted the builder’s proposal on December 5, 2017. There have not been any changes to the site or building plan since that tentative approval . Attached are an aerial photo and preliminary site and building plans for a new home with an attached 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 recreation room. Similar homes have been built by Tollberg on several other EDA lots, including most recently at 5140 Lake side Avenue North. The builder does not have a buyer for the home. For 4724 Lakeland, if on January 2 the EDA adopts the attached resolution, then the lot sale would close soon after. Construction would begin after closing with completion anticipated by summer 2018. REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale of 4724 Lakeland Avenue North to Tollberg Homes. EDA STAFF REPORT PUBLIC HEARING 4724 Lakeland Avenue North - Sale of lot to Tollberg Homes ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 01 A RESOLUTION AUTHORIZING THE SALE OF 4724 LAKELAND AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is the owner of 4724 Lakeland Avenue North, legally described as follows: Lot 1, Block 1, Crystal Economic Development Authority Seventh Addition, Hennepin County, Minnesota (“the Property”); and WHEREAS, the EDA has solicited proposals from builders who desire to purchase the Property from the EDA and construct thereon a new single family house; and WHEREAS, the EDA has reviewed and accepted the proposal from Tollberg Homes. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Tollberg Homes. BE IT FURTHER RESOLVED that the sale shall be completed in accordance with the terms of the Purchase and Redevelopment Agreement in substantially the form on file in City Hall, and that the President and Executive Director are hereby authorized to sign said Agreement and other documents required to complete the sale of the Property to Tollberg Homes. Adopted this 2nd day of January, 2018. ____________________________________ __________________, President ____________________________________ Anne Norris, Executive Director Page 1 of 1 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2 EDA meeting) SUBJECT: Consider tentative acceptance of proposal by Novak Fleck for the lot at 5573 Zane Avenue North Novak Fleck has submitted a proposal to purchase the lot at 5573 Zane Avenue North. The lot price is $60,000. Novak Fleck is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and building plans for a new home with an attached 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 recreation room. Similar homes have been built by Novak Fleck on other EDA lots, including most recently at 5209 - 49th Avenue North. The builder does not have a buyer for the home. On this lot a variance reducing the rear yard setback from 30 to 10 feet would be requested by Novak Fleck. For this corner lot the south side of the property is defined as the rear yard and the home will face Zane Avenue on the east side of the property. Because of the lot width there will not be a lot of open space behind the home. Locating the home closer to the south property line will allow for a larger open space on the Bass Lake Road side of the property. Staff would recommend approval of such a variance in order to create that open space. With the variance the new house’s distance from the adjacent home would look about the same as houses with a standard side yard setback. The required public hearing would be scheduled if the EDA gives tentative acceptance of the proposal. REQUESTED EDA ACTION: EDA tentative approval of the purchase proposal with Novak Fleck for the EDA lot at 5573 Zane Avenue North. EDA STAFF REPORT 5573 Zane Avenue North Lot purchase proposal from Novak-Fleck L A K E L A N D A V E N W E L C O M E A V E X E N I A A V E ZANE PL (BASS LAKE RD) B R U N S W I C K A V E A D A I R A V E Z A N E A V E Y A T E S A V E 57TH AVE CLOVERDALE AVE N C X E N I A W E L C O M E D O U G L A S D R 54TH AVE A D A I R LAKELAND 56TH AVE Y A T E S A V E N W I L S H I R E B L V D . 57325733573257335732 572657275726572957255724572757245726 572057215720572157205725571657175716 57145715571457155714 5 5 0 2 5 5 0 8 5 5 1 4 5 5 2 0 5 5 2 6 5 6 0 2 5 6 0 8 5 6 1 4 5 6 2 0 5 6 2 6 5 7 0 0 5 7 0 8 5 7 1 45708570957085709570857095708 0 57015700 570257035702570357025700 660 5652 565556565655565656555656565756565657565656575656 56495648564956495648564956485648 5644 5649564856495648 5630 5643564256435642564356425643564256435642 6200 56415640 5637563656375637563656365635563656375636563256335631563056315631563056305629563056315630 56255624 562556245624562556255624 09 56195618561756195618 5810 56135611 5704570857246000 56135612 5600561056185802 5601 59005926 5568570157095719 5801580958175901 5573 551760016017 5509 6225 550555665562 5501 5565 555155655560 555655595562 5558 5555 5557 5557 5554 555055535554 5531 55495549 5549554855405546554755415547 5542 5521 55375541553655355542 5536 5500 5539 5532 5529 5538 5533 5528 5450 5525553255275533 5501 5519552655175516551755185527 5520 5511 5508 5511 551355125521 5516 55055710 5616 5600 55075506 5465 5515 55015500 57165509 5445 5705 5438 5609 54375436 570957095430 54315430 5410 5430 5431 5424 5425 5423 5422 5423 54175416 5410 5417 54315431 5425 5400 5414 54095413 54115410 5402 5405 5508 5404 5600 5608 5612 5618 5403 5325 8 5551 HWY 100 CR 10 CR 10 CR 102 CR 9 CR 8 CR 81 CR 70 CR 156 CR 102 CR 8 CR 156 CR 156 HWY 100 HWY 100 HWY 100 CR 81 CRYSTAL AIRPORT CRYSTAL AIRPORT ROBBINSDALEROBBINSDALE GOLDEN VALLEYGOLDEN VALLEY NEW HOPENEW HOPE BROOKLYN PARKBROOKLYN PARK BROOKLYN CENTERBROOKLYN CENTER CR 9 CR 10 N City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 Aerial Image Hennepin County 2015 1 Mile N Site Location 5573 Zane Avenue North0100200300400500Feet Site Location 5573 PARK PAGE 1 OF 1 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2, 2018 meeting) SUBJECT: Consider Amended Bylaws The current EDA bylaws were adopted in 2005. Staff and the EDA attorney have reviewed the bylaws and identified several items that should be changed to ensure consistency with city operations, provide more flexibility for scheduling regular EDA meetings on the same day as regular Council meetings, affirm that the City Council meeting rules also apply to EDA meetings, and make various clarifications and corrections. The main changes are:  The Executive Director would be able to approve contracts up to $25,000 (to be the same as for city contracts).  The Executive Director would determine staffing (to match how the city operates).  There would no longer be a distinction between each month’s first meeting as a regular meeting and second meeting as a special meeting. This is because the EDA is just as likely to need to conduct routine EDA business (lot sales, etc.) at the second meeting of the month. Instead, regular meetings would occur immediately before or after any regularly scheduled Council meeting. The Executive Director would cancel any regular meeting if there is no business to transact.  Special meetings would be rare and called by the EDA President or two or more Commissioners.  Work sessions would be called in the same manner as a special meeting.  In addition to Robert’s Rules of Order, EDA meetings would be conducted in accordance with City Council rules. Attached for EDA review are two copies of the proposed amended Bylaws, one showing the changes and the other showing the proposed Bylaws in their final form. EDA action on the amended bylaws is requested. EDA STAFF REPORT Amended Bylaws 1 BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA ARTICLE I - THE AUTHORITY Section 1. NAME OF AUTHORITY. The name of the Authority is the "Economic Development Authority of the City of Crystal, Minnesota". Section 2. SEAL OF AUTHORITY. The seal of the Authority is in the form of a circle and bears the name of the Authority. Section 3. OFFICE OF AUTHORITY. The offices of the Authority are at City Hall in the City of Crystal, Minnesota. The Authority may hold its meetings at such other place or places as it may determine and upon lawful notice. Section 4. COMMISSIONERS. The Authority is governed by seven commissioners appointed in the manner prescribed by law. Section 5. ACT. The Authority is governed by the provisions of Minnesota Statutes, Chapter 469 (Act). The Authority shall have all the powers provided by the Act, except to the extent limited by the City Council in the authorizing resolution. ARTICLE II - OFFICERS Section 1. OFFICERS. The officers of the Authority are the President, the Vice-President, the Secretary, the Treasurer, and the Assistant Treasurer. Section 2. PRESIDENT. The President presides at meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President signs contracts, deeds and other instruments made by the Authority. At each meeting, the President may submit recommendations and information concerning the business, affairs and policies of the Authority. Annually, at a time and in a form fixed by the City Council, the President shall submit a written report to the City Council giving a detailed account of its activities and of its receipts and expenditures during the preceding calendar year, together with additional matters and recommendations the Authority deems advisable for the economic development of the city. Section 3. VICE-PRESIDENT. The Vice-President performs the duties of the President in the absence or incapacity of the President; and in case of the disability or absence of the President or in the case of a vacancy in the office of President, the Vice-President performs the duties of the President until a successor has been appointed and qualifies. 2 Section 4. SECRETARY. The Secretary performs the duties of a secretary for the Authority. Section 5. TREASURER. The Treasurer has the duties given by the Act. Section 6. EXECUTIVE DIRECTOR. The Crystal City Manager is the Executive Director of the Authority and has general supervision over the administration of its business and affairs subject to the direction of the Authority and signs, contracts, deeds, and other instruments made by the Authority. The Executive Director is authorized to approve and execute contracts for less than $25,000. The Executive Director is responsible for the management of the projects and general affairs of Authority under the direction of the Commissioners. The Executive Director may designate a Deputy Executive Director who performs the duties of the Executive Director in the absence or incapacity of the Executive Director and other tasks as delegated by the Executive Director. Section 7. OTHER ADMINISTRATIVE OFFICERS. Subdivision 1. Assistant Secretary. The Executive Director may designate an assistant to the Secretary to keep the records of the Authority, record the meetings of the Authority in a journal of proceedings to be kept for that purpose, and to perform the duties of secretary under the direction of the Secretary. The assistant must keep in safe custody the seal of the Authority and may affix the seal to contracts and instruments authorized by the Authority. In the absence or incapacity of the Executive Director and Deputy Executive Director, the Assistant Secretary may sign contracts, deeds and other instruments made by the Authority. Subd. 2. Assistant Treasurer. The Crystal City Treasurer is the Assistant Treasurer ex officio of the Authority, and has custody of funds of the Authority. The Treasurer must deposit the funds in the name of the Authority in a bank or banks selected by the Authority. The Executive Director and the Assistant Treasurer must sign orders and checks for the payment of money and pay out and disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, orders and checks must also be counter-signed by the President. The Assistant Treasurer must keep regular books of account showing Authority receipts and expenditures and render to the Authority, at least once per calendar year and when requested by the Authority, an account of the financial condition of the Authority. In the absence or incapacity of the Executive Director and Deputy Executive Director, the Assistant Treasurer may sign contracts, deeds and other instruments made by the Authority. Section 7. COMBINING ADMINISTRATIVE OFFICES: COMPENSATION. 3 The compensation of the administrative personnel of the Authority other than the Executive Director is determined by the Executive Director. Administrative offices may be combined. Section 8. ADDITIONAL DUTIES. The officers of the Authority perform other duties and functions as may from time to time be required by the Authority these bylaws, or the rules and regulations of the Authority. Section 9. ELECTION; APPOINTMENT. The President, Secretary, and Treasurer are elected at the annual meeting of the Authority from among the Commissioners of the Authority and hold office for a term of one year or until their successors are elected and qualified. Section 10. VACANCIES. If the office of President, Vice-President, Treasurer or Secretary becomes vacant, pursuant to Minnesota Statutes, section 351.02 or by other provisions of law, the Authority must elect a successor from its membership at the next regular meeting or at a special meeting called for that purpose. The successor serves for the unexpired term of the office. Section 11. ADDITIONAL PERSONNEL. The Authority may from time to time employ or contract for such personnel as it deems necessary to exercise its powers, duties and functions. Those personnel may be employees of the Authority, employees of other governmental organizations, or independent contractors. The selection and compensation of personnel is determined by the Executive Director. ARTICLE III - MEETINGS Section 1. ANNUAL MEETING. The annual meeting of the Authority is held at the regular meeting place of the Authority immediately preceding or following the first City Council meeting of the year. Section 2. REGULAR MEETINGS. After the annual meeting occurs, regular meetings are held at the regular meeting place of the Authority immediately preceding or following each regularly scheduled City Council meeting. The Executive Director may cancel any regular meeting if there is no business to transact. Meetings of the Authority shall be conducted in accordance with the Minnesota Open Meeting Law. The City Clerk shall maintain the schedule of the Authority’s regular meetings. Section 3. SPECIAL MEETINGS. Special meetings of the Authority may be called: (i) by the Authority by motion; or (ii) may be called by the President, or two members of the Authority, by writing filed with the Executive Director who must then mail or deliver notice of the meeting to the members of the time and place of the meeting at least three days before the meeting. At a special meeting no business may 4 be considered other than designated in the call and identified in the meeting notice. Section 4. WORK SESSIONS. Work Sessions are intended to provide the Commissioners an opportunity to receive presentations and discuss matters that do not require immediate action, but may become action items at a subsequent regular or special meeting. Work sessions of the Authority may be called in the same manner, and are subject to the same notice requirements, as a special meeting. Section 5. QUORUM. The powers of the Authority are vested in the Commissioners in office from time to time. Four Commissioners constitute a quorum for the purpose of conducting business, but a smaller number may adjourn from time to time until a quorum is present, and when a quorum is not present, a smaller number may adjourn the meeting. Section 6. ORDER OF BUSINESS. The following is the order of business at regular meetings of the Authority. 1. Roll Call. 2. Approval of the minutes of the previous meeting(s). 3. Staff Reports. 4. Other business. 6. Adjournment. Section 7. RESOLUTIONS; CONDUCT. Resolutions must be in writing and placed in the journal of the proceedings of the Authority. The meeting will be conducted in accordance with Roberts Rules of Order, Revised and the most recently adopted City Council Rules. In the case of a conflict between the City Council Rules and these Bylaws, the provisions of these Bylaws shall be controlling. Section 8. MANNER OF VOTING. Voting on questions coming before the Authority must be entered in the minutes of the meeting. When a quorum is in attendance, action may be taken by the Authority upon a vote of the majority of the Commissioners in attendance. ARTICLE IV - AMENDMENTS AMENDMENTS TO BYLAWS. The bylaws of the Authority may be amended only with the approval of at least four Commissioners at a regular meeting or at a special meeting called for that purpose. 5 Approved: July 18, 1989. Amended: December 5, 1995. February 1, 2005 ___________ ___, 2018 ___________________________ President _________________________ Executive Director 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Dec. 22, 2017 City Council Second Work Session Agenda Jan. 2, 2018 Following the 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 Jan. 2, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Budziszewski ____ Therres ____ Dahl ____ Gilchrist ____ Deshler ____ Ray ____ Kolb ____ Revering ____ LaRoche ____ Serres ____ Parsons ____ Sutter II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Annual review of Council rules 2. Draft of updated City Code, Chapter 8 3. Constituent issues update 4. New business** 5. 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.