2018.02.20 Work Session Packet (2nd)4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
City Council
Second Work Session Agenda
Feb. 20, 2018
Following the EDA work session
Conference Room A
Posted: Feb. 16, 2018
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 Feb. 20, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
Deshler Norris
Kolb Therres
LaRoche Gilchrist
Parsons Ray
Adams Revering
Budziszewski Sutter
Dahl Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Disorderly properties.
2. Chapter 815 regarding snow removal — sidewalks.
3. City manager monthly update.
4. Constituent issues update.
5. New business.*
6. Announcements.*
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.
Kennedy
t
Graven
CHARTERED
Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgi lchristgkennedy-graven. com
hW:1/www. kennedv-graven. com
Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: February 12, 2018
Re: Draft Disorderly Property Ordinance
Some months ago the idea of adopting general disorderly property language for the Code was presented to
the Council at a worksession. As was mentioned at that time, Section 425.21 of the Code currently
addresses disorderly conduct on rental properties, but those same prohibitions do not apply to the other
properties in the city. As such, the proposal is to create a general prohibition against maintaining a
disorderly property that would apply equally to all properties in the city. The enclosed draft ordinance
was prepared to reflect the comments received from the Council during the worksession and is presented
for review, discussion, and further direction.
In an effort to create a uniform set of regulations and procedures, the provision on disorderly rental
properties in Subsection 425.21 is deleted and is replaced with a reference to the proposed new Section
630. The new Section reflects the same list of disorderly property offenses that currently exist for rental
properties and adopts the same three-step notification approach. After each incident the property owner
or licensee is given notice of the incident and, if it is the first incident, that an administrative penalty will
be imposed if there is another incident within 12 months. If the incident occurs on a rental property, the
notice is sent to the licensee, with a copy to the property owner (if different), and includes information
regarding the potential effect on the rental license (which reflects current Code language). The notices
and procedures in the ordinance follow the administrative penalties provisions in Section 306.
As currently written, an administrative penalty would not be imposed unless there is a second incident
occurring within 12 months of the first. Additional penalties are then imposed if there are further
incidences. The administrative penalties proposed to be included in the fee schedule for violating the new
Section are as follows:
$170 for the second incident within 12 months of the first;
$220 for the next incident within 12 months of the second;
$260 for the next incident within 12 months of the third; and
$340 for the next and any subsequent incidents within 12 months of the most recent incident.
The Council is being asked to review and give any further direction it may wish to provide on this issue
and the approach taken in this draft ordinance.
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CITY OF CRYSTAL
ORDINANCE 420I8 -
AN ORDINANCE AMENDING CHAPTERS IV AND VI
OF THE CRYSTAL CITY CODE RELATED TO DISORDERLY PROPERTY
The City of Crystal ordains:
ARTICLE I. Chapter IV, Subsection 425.21 of the Crystal City Code is hereby deleted in its
entirety and is replaced with the following:
425.21. Conduct on licensed premises. It is the responsibility of the owner or licensee to
prevent conduct by tenants or their guests on the licensed premises that cause the premises to
constitute a disorderly property under Crystal city code, section 630. If the licensed premise
constitutes a disorderly property, the rental license issued to the premises may be revoked,
suspended, denied, or not renewed as provided in Crystal city code, section 630.
ARTICLE II. Chapter VI of the Crystal City Code is hereby amended by adding a new Section
630 as follows:
Section 630 - Disorderly Property
630.01. Definitions. For the purposes of this section, the following terms shall have the
meaning given them in this subsection, except that any term not defined in this subsection shall
have the meaning given the term in Crystal city code, subsection 425.07 to the extent it is
defined therein.
Subd. 1. Disorderly property. "Disorderly property" means any property to which a
verified incident occurs involving a violation of any of the following:
(a) Crystal city code, section 2010 regarding public nuisances;
(b) Crystal city code, section 605 regarding garbage and refuse;
(c) Crystal city code, section 635 regarding litter;
(d) Crystal city code, section 645 regarding noise control;
(e) Crystal city code, section 910 regarding animal control and Minnesota Statutes,
sections 609.226 and 347.56 regarding potentially dangerous and dangerous dogs;
(f) Crystal city code, section 930 regarding drug abuse and control, and federal and state
laws regarding the possession of controlled substances, unlawful sale or possession of
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small amounts of marijuana, and possession or use of drug paraphernalia as defined in
Minnesota Statutes, sections 152.01, et seq.;
(g) Crystal city code, subsection 2005.01 regarding disorderly conduct or Minnesota
Statutes, section 609.72;
(h) Crystal city code, chapter XII regarding the sale, consumption, and display of liquor
and beer, or Minnesota Statutes, sections 340A.701, 340A.702, or 340A.703
regarding the sale of intoxicating liquor;
(i) Minnesota Statutes, sections 609.321, subdivision 9 and 609.324 regarding
prostitution and housing individuals engaged in prostitution;
(j) Crystal city code, sections 935 or 945 regarding gun control and the use of firearms as
defined in Minnesota Statutes, sections 609.66, et. seq.;
(k) Minnesota Statutes, sections 609.221, 609.222, 609.223, 609.223 1, and 609.224
regarding assault, excluding domestic assault;
(1) Minnesota Statues, chapter 260C regarding juvenile safety and placement;
(m)Minnesota Statutes, section 609.33 regarding the owning, leasing, operating,
managing, maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
(n) Minnesota Statutes, section 617.23 regarding indecent exposure;
(o) Minnesota Statutes, section 609.595 regarding criminal damage of property;
(p) Minnesota Statutes, section 609.50 regarding interference with a police officer;
(q) Minnesota Statutes, section 609.713 regarding terroristic threats;
(r) Minnesota Statutes, section 609.715 regarding unlawful assemblies;
(s) Minnesota Statutes, section 609.71 regarding riots;
(t) Minnesota Statutes, section 609.78 regarding interference with "911" phone calls;
(u) Minnesota Statutes, sections 609.75, 609.755, and 609.76 regarding gambling;
(v) Minnesota Statutes, section 243.166 regarding predatory offender registration;
(w) Minnesota Statutes, section 609.229 regarding crimes committed for the benefit of a
gang;
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(x) Minnesota Statutes, section 609.26, subdivision 1(8) regarding the causing or
contributing to a child being a runaway; or
(y) Minnesota Statutes, section 609.903 regarding racketeering.
Subd. 2. Licensee. "Licensee" means the person or entity issued a rental license for
property issued under Crystal city code, subsection 425.17.
Subd. 3. Property. "Property" means any real property and includes any dwelling,
dwelling unit, general housing unit, premises, and accessory structures located on the lot or
parcel. This term does not include public property or public right-of-ways.
Subd. 4. Rental license. "Rental license" means a license issued under Crystal city code,
subsection 425.17 for the operation of a rental property.
Subd. 5. Rental property. "Rental property" means a property for which a rental license
is issued by the city.
Subd. 6. Verified incident. "Verified incident" or "verified disorderly property incident"
means the occurrence of any incident that constitutes a disorderly property responded to by a
police officer who, after completing a timely investigation, finds evidence supporting the
existence of one or more violations constituting a disorderly property. It is not necessary that
criminal charges be brought or convictions obtained relative to the incident. Multiple incidences
of disorderly property violations verified during a single response shall constitute one verified
incident.
630.03. Prohibition. It is a violation of this section for a property owner, licensee, occupant, or
person in control of property to keep, cause, or permit the property to be used in a way that
constitutes a disorderly property. Any person who violates this section may be issued an
administrative citation and be required to pay a civil penalty as provided herein in addition to any
criminal proceedings that may be brought related to the verified incidence or incidences
constituting a disorderly property. A violation of this section applies to the property and is the
responsibility of the property owner or licensee of the property, regardless of the number of
living units on the property.
630.05. First notice.
Subd. 1. Notice and contents. Upon the occurrence of a verified disorderly property
incident, the city manager shall provide the property owner a notice of first violation. The notice
shall, at a minimum, include the date of the incident, identify the specific disorderly property
violation, the address of the property at which the incident occurred, that the notice constitutes an
administrative notice for the purposes of Crystal city code, section 306, and that a second
violation within 12 months may result in the imposition of an administrative penalty. For the
purposes of providing notices required under this section, the city shall mail the notice to the
property owner using the address on record with Hennepin County for the mailing of tax
statements. The notice shall be sent by certified and regular mail.
5112250 TJG CR225-423
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Subd. 2. Rental property. If the property at which the verified incident occurs is a rental
property, the notice shall be sent to the licensee with direction to take steps to prevent further
violations. If the property owner is not the licensee, a copy of the notice shall also be sent to the
property owner. For the purpose of providing notices required under this section to licensee, the
city shall mail the notice to the licensee at the address the licensee provided the city as part of
seeking the rental license for the property. The notice shall be sent certified and regular mail.
630.07. Second notice.
Subd. 1. Notice and contents. If another verified disorderly property incident occurs at
the same property within 12 months from the date of the first verified incident, the city manager
shall provide the property owner a notice of second violation, which shall constitute an
administrative citation under Crystal city code, section 306. The notice shall, at a minimum,
include the information required of the first notice together with the amount of the civil penalty
being imposed and the right to request a hearing on the administrative citation before a hearing
officer in accordance with Crystal city code, section 306. The civil penalty imposed shall be
paid as provided in accordance with Crystal city code, subsection 306.07, subdivision 3.
Subd. 2. Rental property. If the property at which the verified incident occurs is a rental
property, the notice shall be sent to the licensee and require the licensee to submit a written
report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly
property violations on the property. If the property owner is not the licensee, a copy of the notice
shall also be sent to the property owner. This written report must be submitted to the city
manager no more than ten days from the date of the disorderly property notice and must detail all
actions taken by the licensee in response to all disorderly property notices within the preceding
12 months.
630.09. Third notice.
Subd. 1. Notice and contents. If another verified disorderly property incident occurs at
the same property within 12 months from the date of the second incident, the city manager shall
provide the property owner a notice of third violation, which shall constitute an administrative
citation under Crystal city code, section 306. The notice shall, at a minimum, include the
information required of the second notice. The civil penalty imposed shall be paid in accordance
with Crystal city code, subsection 306.07, subdivision 3.
Subd. 2. Rental property. If the property at which the verified incident occurs is a rental
property, the notice shall be sent to the licensee and inform the licensee that the rental dwelling
license for the property may be denied, revoked, suspended, or not renewed by the city council
as a result of the disorderly property violations as provided in subsection 630.13 of this code. If
the property owner is not the licensee, a copy of the notice shall also be sent to the property
owner.
630.11. Additional violations. After a third notice of a verified disorderly property incident is
issued for a property, the city may issue an administrative citation for each subsequent verified
4
5112250 TJG CR225423
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incident that occurs at the property within 12 months of the preceding verified incident. Each
such notice shall constitute an administrative citation under Crystal city code, section 306. The
city shall provide the owner or, if it is a rental property, the licensee a notice of violation
containing the same information required in a third notice. The civil penalty applicable to each
such subsequent violation shall be paid in accordance with Crystal city code, subsection 306.07,
subdivision 3.
630.13. Rental license action.
Subd. 1. Authorized. Upon the occurrence of a third verified disorderly property
incident within 12 months of a second verified disorderly property incident, the city council may
deny, revoke, suspend, or not renew a rental license as provided in this subsection.
Subd. 2. Initiated. An action to deny, revoke, suspend, or not renew a rental license
under this subsection must be initiated by the city manager who must give to the licensee written
notice of a hearing before the city council to consider such denial, revocation, suspension, or
non -renewal. Such written notice must specify all violations of this section, and must state the
date, time, place, and purpose of the hearing. If the property owner is not the licensee, a copy of
the notice shall also be sent to the property owner. The hearing must be held no less than ten
days and no more than 30 days from the date of such notice.
Subd. 3. Action. Following the hearing, the city council may deny, revoke, suspend, or
not renew the rental license for all or any part or parts of the property, or may grant a rental
license upon such terms and conditions as it deems necessary to accomplish the purposes of this
section and Crystal city code, section 425.
Subd. 4. Eligibility for New License. Upon a decision to revoke, suspend, deny, or not
renew a rental license for violations of this section, the licensee will not be eligible for any new
rental licenses for the property for a period determined by the city council, but not to exceed one
year. For any licensee who has had two or more rental licenses revoked, suspended, denied, or
not renewed for violations of this section for any of their rental properties in the city, the city
council may determine that the licensee will not be eligible for any new rental licenses for a
period determined by the city council, but not to exceed two years.
Subd. 5. Exception. No adverse rental license action shall be imposed where the verified
disorderly property incident occurred during the pendency of eviction proceedings (unlawful
detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises
where the verified incident was related to conduct by that tenant or by other occupants or guests
of the tenant's unit, provided that the eviction is being diligently pursued by the licensee.
Further, an action to deny, revoke, suspend, or not renew a rental license based upon violations
of this section may be postponed or discontinued at any time if it appears that the licensee has
taken appropriate measures which will prevent further instances of disorderly property
incidences.
5
5112250 TJG CR225-423
ARTICLE III. This ordinance is effective upon adoption and 30 days after publication.
First Reading:
12018
Second Reading:
22018
Council Adoption:
, 2018
Publication:
.2018
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
5112250 TJG CR225423
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Kennedy
Graven
CHARTERED
Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchristgkennedy-graven.com
http://www.kennedy-graven.com
Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: February 15, 2018
Re: Snow Removal on Sidewalks — Chapter 8
Work continues on incorporating staff comments into Chapter 8 and so a revised draft is being
prepared for further review by the Council. In the meantime, the Council asked that the section
on snow removal from sidewalks be presented for further discussion.
As the Council is aware, we are taking a "replace all" approach to the revisions to Chapter 8 so
the proposed changes are not shown by underline and strikeout. However, in order to help
facilitate the discussion, the proposed changes to this particular section are shown on the
attached page. The Council will see an effort was made to streamline the language, but I would
welcome any feedback and direction the Council would like to provide on the policy direction it
would like to take and on any language changes.
517247v1 TJG CR225-423
Section 810 - Snow removal; sidewalks
810.01. Sidewalks; snow and ice removal. S,,,.divi ie ' Sidewalks to be Snow and ice
must be removed as soon as possible from the sidewalks of the city and must be kept clear of snow
and ice by the abutting property owner or occupant thereof. Alpe. iee has f; �e t4ft+ eft -E ff4 be
r,efneved then salt, sa*d, ashes, or- etheFsttitable fnater-ial fnttst be spread "eii stieh iee in stiffieient
810.03.
810.07. Costs of removal fnttst be a li e la* The refusal of an owner or occupant
to remove snow or ice from the sidewalk
t4is s4seetiei , is sufficient cause for the city manager to direct the removal of snow or ice
therefrom by city or hired labor or equipment charging such actual cost against the abutting
land. The director will compute the actual cost to each parcel or lot involved and
submit the report to the city manager who must bill each property owner involved for the
expense incurred.
810.045. Assessment. On or before September 15 in each year, the city clerk must list the total
unpaid charges for snow and ice removal from sidewalks against each separate lot or parcel to
which they are attributable under this section. The council may then levy the unpaid charges
against the property as a special assessment under Minnesota Statutes, section 424.101 for
certification to the director of property taxation and collection along with current taxes the
following year or in annual installments, not exceeding ten as the council determines.
2
517247v1 TJG CR225-423
Objectives:
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CITY MANAGER WORK PLAN
MONTHLY CHECK IN — FEBRUARY 2018
Strategic leadership for achievement of Council goals
o Thriving Business Climate
■ City Code update in process — UDC approved 1/2/18
■ 2018 EDA project — Bass Lake Road streetscape plans &
specifications nearing completion
■ Fire suppression system financial assistance program approved
Create Strong Neighborhoods
■ Crystal Ball and Neighbors Helping Neighbors — 3/24
Code enforcement — on-going
■ Implementation of Master Parks System Plan — Welcome Park
improvements — planning underway — Open House 2/27
■ Marketing new vendor for home improvement loans/rebates
• Vacant EDA lots being sold for new single family homes
Continued discussion of ADU's
Fiscally sound and stable policies and procedures — see Financial
Management below
Financial Management
o Long term financial planning:
■ 2/5/18 work session — long term capital plans, financial update
■ 3/6/18 — Council action to establish capital funds (reallocation of
PIR and other capital funds)
Financial policies updating in progress
Space needs study — PD and City Hall - underway
Service delivery
o Monthly check in with Council
o Constituent Issues — prompt response and resolution — on-going
o Closed constituent issues — monthly report
c Updated city manager goals reviewed 1/11 — updated Council
objectives attached
- Media Relations
o April work session — discuss Public Safety and critical incidents — how
information is shared, what information is shared
"d
Review and update media protocol — 2quarter
Proposed Business Plan Goals for 2016-2019
Goal 1: Create a thriving business climate
Objectives
Streamline Ordinances &
Reduce"Red Tape"
Market "opportunity" sites
11 Recruit New Businesses
Public Infrastructure Refresh
Strategic Actions
Complete Update and
streamlining of City
Code
*
Internal Policy Review
•
Staff Training
*
Fire Suppression
System Financing
•
Pursue targeted
developers for
identified sites
*
Use of EDA funds for
marketing
•
Business -ready
regulations
Bass Lake Road Corridor
— Streetscape
improvements
*
Updating Commercial
Areas/Nodes
Council and Staff Timeline
Roles
Council
City Manager
City Attorney
Senior Staff
Council
City Manager
Community Development
Council
City Manager
Community Development
Public Works
Crystal Vision and Goals — 2016 — 2019 Updated 2/8/18
21
In process; completion goal -
12/31/18
On-going
On-going
Opportunity areas identified,
evaluated and prioritized for
market feedback
2018 EDA Work Plan
On-going
2018 Construction
42"d Avenue — 2018- develop
plan
Goal 2: Develop fiscally sound and stable financial policies and practices
Objectives Strategic Actions Council and Staff
Roles
Conduct planning to determine Establish new capital Council
capital needs funds (reallocating PIR
Pay cash for street
reconstruction/maintenance
Reduce debt load
Replace debt with long-term
planning and save for the long
term plan
and other funds) City Manager
Develop LT capital plan
Establish emergency Senior Staff
funds (3-6 months)
• Street maintenance and
Council
street reconstruction
funds consolidated
City Manager
Evaluate amending City
Charter regarding
Public Works
assessments
Finance
• Use taxpayer dollars for
purchase of direct
services and goods
+ Eliminate bonding
•
Payoff loans early
• Planning and saving for
long-term projects
Timeline
2019 Budget process
- Funds established 2/18
LT capital plan —
12/31/18
Funds set aside
specifically for parks
improvements
2/18
2018 Charter meeting
On-going
Council Phase 16 complete
City Manager As feasible/permissible (bond
call dates and debt service fund
balances)
Senior Staff Capital "buckets" established
2/18; LT capital plan — 2019
budget process
Crystal Vision and Goals — 2016 — 2019 Updated 2/8/18
31 Page
Goal 3: Create strong neighborhoods
Objectives
Attractive, desirable
neighborhoods and safe housing
Promote crime
prevention/awareness
Incentivize Private Improvements
to Housing Stock
Focus on targeted
redevelopment
Consistent, frequent
communications with citizens
Strategic Actions
Council and Staff 'Timeline
Roles
• Complaint based code Council On-going
enforcement, prompt
response City Manager
• Curbside collection
(every other year) Community Development
8 WMFRD Home Safety Police
program WMFRD
■ Night To Unite Council
Community Policing
+ Neighborhood Watch City Manager
• CCPB Partnership Police
+ JCPP — MAC Senior Staff
Housing Resource Center Council
• Loan/Rebate Programs
City Manager
+ Crystal Housing/Remodel
Showcase
Community Development
+ Scattered Site Acquisition
Council
Troubled property
City Manager
acquisition
Community Development
Newsletter
Council
• Social Media
• Council Availability
All staff
+ CCX Media/NWCT
• Updated website
Crystal Vision and Goals — 2016 — 2019 Updated 2/8/18
41 Page
2018 (every other year)
On-going
Every August
On-going
On-going
On-going
On-going
On-going
On-going
Working with CBA members
AS opportunities arise
As appropriate
Quarterly
On-going
On-going
On-going
On-going
Goal 3: Create strong neighborhoods
Objectives
Increase community networking
Reinvest in Parks
Strategic Actions
■ Community Outreach
Task Force —Volunteer
coordinating
Identify and solicit
volunteers
Identify events for
volunteers
Organize/coordinate
community groups
+ Leveraging Commissions
Maintain Community
Center
• Identify long-term park
vision, annual allocation
of funds for park
improvements
• MAC Park — restore
boardwalk
• Welcome Park
improvements
Becker Park stormwater
and park improvements
Council and Staff
Roles
Council
City Manager and all staff, as
needed
Council
City Manager
Parks, Recreation, Public Works
and Community Development
I
Crystal Vision and Goals — 2016 — 2019 Updated 2/8/18
51 Page
Timeline
On-going
Planning for 2018 event
underway
Bee Friendly planting event - May
Partner with Lions and Antique
Car Run - Performing Art in Park —
8/11/18
Crystal Fund Plant Sale
Mayor's pastoral group
Budget, on-going
Master park system plan
complete; implementation
through LT capital plan
Partner with Three Rivers —
boardwalk reconstruction 2018
Summer 2018
Autumn 2018
Open Issues (JIRA)
Open Issues (JIRA)
Status: In Progress, New Issue
Sorted by: Key descending
1-4 of 4 as at: 02/13/18 4:46 PM
T Key Summary
CRCI- Cyclocross Damage at Valley Place Park
71
CRCI- Litter in EDA parking lots
69
CRCI- 36th and Welcome
67
CRCI- 30XX Winnetka
63
Assignee Reporter
Anne Norris Anne Norris
Anne Norris Anne Norris
Anne Norris Anne Norris
Anne Norris Anne Norris
Page 1 of 1
Status
Created
Updated
NEW ISSUE
11/22/17
11/22/17
NEW ISSUE
08/21/17
08/22/17
NEW ISSUE 08/21/17 01/31/18
NEW ISSUE 06/12/17 01/31/18
https:Hcrystalmn.atlassian.net/sr/jira.issueviews: searchrequest-printable/10001/SearchRequest-10001.html?tempMax=1000 2/13/2018