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2018.04.17 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 13, 2018 City Council Meeting Schedule April 17, 2018 Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. First City Council work session to discuss: • West Metro Fire-Rescue District quarterly update. • 2019 reconstruction of Winpark Drive (joint with New Hope). Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting: • Public hearing to consider a resolution authorizing the sale of 5612 Adair Ave. N. to Novak-Fleck for new home construction. • Public hearing to consider a resolution authorizing the sale of 5618 Adair Ave. N. to Tollberg Homes for new home construction. • Consider a resolution authorizing the use of available increment from TIF District #2151 for the Bass Lake Road streetscape project. Council Chambers Following the EDA meeting Second City Council work session to discuss: • Drainage in Phase 16, specifically the area of 61st and Douglas. • Review tobacco and alcohol compliance checks and penalties. • Disorderly properties. • Quarterly Blue Line Extension update and Master Funding Agreement. • Constituent issues update. • City manager monthly update. • New business. • Announcements. Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 13, 2018 City Council First Work Session Agenda April 17, 2018 6:30 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at ______ p.m. on April 17, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Budziszewski ____ Therres ____ Dahl ____ Gilchrist ____ Deshler ____ Larson ____ Kolb ____ Ray ____ LaRoche ____ Revering ____ Parsons ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. West Metro Fire-Rescue District quarterly update. 2. 2019 reconstruction of WinPark Drive (joint with New Hope). 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. 1 West Metro Fire-Rescue District April 17, 2018 Crystal Council Update ADMINISTRATION/OPERATIONS REPORT Sarah Larson, Fire Chief *All-Calls include out of district response (Auto-Aid/Mutual Aid) CALLS FOR SERVICE REPORT All # Calls %# Calls %# Calls % WMFRD Incidents 2018 Fire 51 26 51%18 35%7 14% Overpressure Rupture, Explosion, Overheat (No Fire 0 0 0%0 0%0 0% Rescue & Emergency Medical Service 215 121 56%87 40%7 3% Hazardous Condition (No Fire)27 11 41%15 56%1 4% Service Call 16 6 38%9 56%1 6% Good Intent Call 53 23 43%27 51%3 6% False Alarm & False Call 57 33 58%24 42%0 0% Severe Weather 0 0 0%0 0%0 0% Special Incident Type 0 0 0%0 0%0 0% Total 419 220 53%180 43%19 5% New Hope Crystal Other (AA/MA) Fire 51 EMS and Rescue 215 Hazardous Condition 27 Service Call 16 Good Intent 53 Fire Alarm 57 West Metro Fire Quarter 1 Incidents 2 January 1 – March 31, 2018 Total Calls for Service 419 Estimated fire loss $164,274 January 1 – December 31, 2017 Total Calls for Service 1922 Estimated fire loss $588,517 January 1 – December 31, 2016 Total Calls for Service 1573 Estimated fire loss $1,637,094 January 1 – December 31, 2015 Total Calls for Service 1514 Estimated fire loss $657,914 January 1 – December 31, 2014 Total Calls for Service 1663 Estimated fire loss $1,861,162 January 1 – December 31, 2013 Total Calls for Service 1448 Estimated fire loss $357,182 January 1 – December 31, 2012 Total Calls for Service 1349 Estimated fire loss $169,900 January 1 – December 31, 2011 Total Calls for Service 1638 Estimated fire loss $318,749 2017 Audit The auditors were out the week of March 12 to work on the 2017 audit. They issued an unmodified opinion, reported no deficiencies, and disclosed no instances of noncompliance. O fficer Promotional Process We held a promotional process for our paid, on-call assistant chiefs that started in January and finished in March. We had 5 applicants for the 3 positions; Jon Tate was re-appointed as the assistant chief of administration, Tim Herlofsky was re-appointed as the assistant chief of logistics and Matt Rowedder was appointed as the assistant chief of training (this is a promotion for Matt, he has been the station captain at station 2 for the last 4 years). These are four year terms that will run through March of 2022. Our captain and lieutenant terms end June 30th, we have posted for these positions and we are in the process of collecting applications for these positions. This captain and lieutenant promotional process is expected to be completed in June and these new four year terms will start on July 1st. Retirement / Resignation We have had 2 retirements and a leave of absence (LOA) in March. On March 11th, Firefighter Glen Beske retired after 25 ½ years with West Metro and New Hope Fire Departments and on March 31st, Assistant Chief Dave Neuenfeldt retired with 25 ½ years with West Metro and New Hope Fire Departments. On March 29th Firefighter Jared Carlson went on a LOA for 1 year, the Carlson family has moved to Dallas, TX due to a job change; he chose an LOA for 1 year to leave open the possibility of returning to West Metro. Public Events Here is a list of the events we have participated in the last two months: - Multiple birthday parties and tours - Multiple Home Safety Surveys - Blood Drive at both cities on February 15th - The “Firefighters Fighting Hunger” Food Drive was March 17th Food Drive We are very proud to announce that we had another very successful food drive! We collected $6,514 (a new record – every year we have beaten the previous year for cash collected) and 1,973 pounds of food for The Food Group in New Hope. According to The Food Group, this will provide 14,672 meals to those in need! In 8 years of West metro food drives, we have collected 18,029 pounds of food and $29,476 for the food group, this equates to 73,976 meals to those in need! 3 Another fun side note, in 2017 there were 55 community hosted food and cash drives for The Food Group. West Metro Fire-Rescue was the largest cash collector of donations by over $1,000 – we raised $6,512.66 in 2017. Here is an excerpt from her email: Out of the 55 community hosted food & cash drives (not including concert/event fundraisers or the grocery store round ups), yours was #1 in cash fundraising! I knew it was more than usual but was excited to find out you are #1. Here is a breakdown of the cash drive numbers if you’re curious (this doesn’t include pounds of food collected): • <$1000: 40 • $1000-$2000: 7 • $2000-$3000: 2 • $3000-$4000: 3 • $4000-$5000: 2 • $5000-6000: 0 • $6000+: 1 (West Metro Fire-Rescue!) You’ve out-fundraised the rest by a couple thousand dollars. I can’t tell you enough how much that means to us. Thank you, thank you! Blood Drive At our February Blood Drive we collected 12 units at New Hope and 9 units at Crystal for a total of 21 units. The afternoon blood drive always gets more donors than the morning. We now hold 4 blood drives per year; February, May, August (Battle of the Badges) and November. Each time we do a blood drive we host one in New Hope at Station 3 and another in Crystal at Station 2. We are building up a list of dedicated donors that are coming out to donate at most of our drives. Memorial Blood Center is our partner with these blood drives and does a great job with our donors. Our next Blood Drive is May 24th, 9:30am – 12:30 pm at New Hope (station 3) and again from 3pm – 6pm at Crystal (station 2). Apprentice Firefighters The 2016 class of recruits began their initial engine operator training with an 8 hour defensive driving/emergency driving class in St. Cloud on March 3rd. The recruits will continue to work through an initial driver’s packet with qualified instructors over the next few months. Fire Apparatus Operator (FAO) training will begin on June 21st and will teach the recruits how to effectively operate the fire pumps on all of West Metro’s engines. The state certification exam for this class has been scheduled for September 8th. West Metro CERT In February, Captain Braun led West Metro CERT through hazardous materials identification and emergency preparedness training. The training focused on the initial steps that a CERT member could take to ensure community and neighborhood safety in the event of a hazardous materials incident. In March and again in April, CERT members attended Skywarn II training as part of CERT training day 2018. Our next CERT training is scheduled for April 25th and the topic is basic mass casualty triage. 4 FDIC 2018 On April 22nd five firefighters will attend FDIC in Indianapolis. Captain Bethany Brunsell is one of these firefighters and is attending this event with an expenses paid Honeywell and DuPont™ Kevlar® scholarship. The training for the other four firefighters is funded by the District and special funds donated by the Relief Association. Facilities The new overhead doors for station 2 are expected to arrive the middle of April and the vendor (IDC Automatic) has scheduled installation for the week of April 23. The contractor for the apparatus bay floor recoat at station 2 is expected to start the first week in May provided the overhead door project is complete. The new signs and logos have been installed at stations 1 and 3. The lighting for the logos will be installed mid-April. At this time we will only be lighting the logos. New inferred heaters have been installed in the station 1 apparatus bay by the City of Crystal. Fire Prevention Education 1/24/2018 Kindness Tunnel at Neil Elementary School 2/28/2018 New Hope Church Pre School Fire Safety Program (40 kids) 3/1/2018 New Hope Church Pre School Fire Safety Program (40 kids) 3/8/2018 St. Therese Fire Safety/Emergency Preparedness Program for residents (50 seniors) 3/21/2018 Beacon Academy School Fire Safety Program K-2nd Grade (4 programs/400-500 kids) Fire Investigations 2/12/2018 5555 Zealand Ave (Bedroom/Electrical Fire) 2/22/2018 5406 Zealand Ave North (Kitchen Fire) 2/24/2018 5014 56th Ave North (Detached garage fire) 3/18/2018 4425 Rhode Island Ave (Car/ multi stall garage fire) 3/20/2018 7621 49th Ave (Detached Garage fire) West Metro Fire-Rescue Food/Cash Drive Results March 2018 1,973 lbs + $6,514 14,672 408 We are so grateful for your YEARS of support! West Metro Fire-Rescue Food/Cash Drive Results 2011-2018 18,029 lbs + $29,476 73,976 2055 Memorandum DATE: April 17, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: 2019 reconstruction of Winpark Drive (joint with New Hope) Summary Along with the joint mill and overlay of 36th Avenue, city staff from New Hope and Crystal have been discussing the reconstruction of Winpark Drive for 2019. Approximately 450’ of the east half of Winpark Drive, north of 32nd Avenue is in the City of Crystal. This street was not reconstructed as part of the street reconstruction program. The proposed project within Crystal is the reconstruction of the street and potential storm water pipe/catch basin replacements. The total estimated cost at this time is $350,000, but New Hope is just starting the Feasibility Study which will develop the first preliminary estimate. There are only two Crystal properties that have frontage directly on Winpark Drive. A third property does have driveway access to Winpark Drive but where the road is entirely in New Hope. Project funding The cost for this project is planned for in the Street Improvement fund. Similar to the mill and overlay on 36th Avenue, the Crystal City Council will need to consider a Cooperative Agreement with New Hope for the project in the future. Project communication New Hope will include these properties in their construction communication activities. Council action No formal Council action is needed. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda April 17, 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. Proclamation 3.1 The Council will proclaim May 2, 2018 as Arbor Day in the City of Crystal. 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 April 3, 2018. b. The regular City Council work sessions on April 3, 2018. 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 Acceptance of Dutch Fischer’s resignation from the Employee Review Board. 4.4 Acceptance of Guy Mueller’s resignation from the Bassett Creek Water Management Commission. 4.5 Approval of a resolution modifying municipal state aid street designations. 4.6 Approval of a resolution authorizing the Bassett Creek Regional Trail easement to Three River Park District. 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.) Crystal City Council Meeting Agenda April 17, 2018 Page 2 of 4 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 resolution authorizing the solicitation of bids to construct a softball field and related amenities in Welcome Park. Last year the City Council approved the Parks Master Plan, including the renovation and improvements at Welcome Park. In order for this park to be ready for the 2019 Crystal Frolics, we need to get the project out for bids so construction can start this summer. Recommend approval of the resolution authorizing advertising for bids for this project. 6.3 The Council will consider a resolution approving a conditional use permit for an impound lot at 5232 - 5240 Hanson Ct. The property owner of 5232-40 Hanson Ct. is requesting a conditional use permit for a vehicle impound lot on the property. The property is zoned Industrial and an impound lot requires a conditional use permit. At its April 9 meeting, the Planning Commission held a public hearing on the request and recommended approval (on an 8-1 vote) of the conditional use permit, subject to conditions outlined in the staff report. 6.4 The Council will consider a resolution approving a preliminary and final plat of Myrtle Acres to create two lots for new home construction at 6501 and 6505 31st Ave. N. The owner of property at Florida and 31st Avenues is requesting approval to replat two single family residential lots into three single family lots. At is April 9 meeting, the Planning Commission held a public hearing on the proposed plat and unanimously recommended approval of the preliminary and final plat as requested. 6.5 The Council will consider a resolution vacating a drainage and utility easement at 6511 31st Ave. N. As part of the Myrtle Acres plat, new drainage and utility easements are included on the newly created lots, making the existing drainage and utility easement on 6511 – 31st Ave. N. no longer necessary. Recommend approval of the resolution vacating the drainage and utility easement at 6511 – 31st Ave. N. 6.6 The Council will consider a resolution approving a variance to reduce the rear yard setback at 5612 Adair Ave. N. Crystal City Council Meeting Agenda April 17, 2018 Page 3 of 4 Novak-Fleck, the buyer of the EDA lot at 5612 Adair Ave. N., is requesting a variance to construct the home 10 feet from the rear (north) property line rather than the required 30 feet. This is a relatively shallow corner lot and the new home will face Adair Avenue. At its April 9 meeting, the Planning Commission held a public hearing on the variance request and recommended approval (on an 8-1 vote) of the variance as requested. 6.7 The Council will consider first reading of an ordinance amending Chapter 5 (Unified Development Code). The Council has discussed updating various provisions of the City Code regarding accessory dwelling units (ADUs). At its April 9 meeting, the Planning Commission conducted a public hearing on these proposed changes. Overall, the Planning Commission concurred with and recommended approval of the Council’s requested changes. However, the Planning Commission recommended retaining the requirement that a resident whose property has an ADU must live on the property. The Planning Commission also recommended against expanding the area where vehicle sales and leasing would be permitted. 6.8 The Council will consider a resolution authorizing the capital purchase of a tractor-backhoe. Public Works has an opportunity to purchase a used tractor-backhoe which would be used in place of our grader, which is scheduled for resale/replacement. Recommend approval of the resolution for this capital purchase. 7. Announcements a. Crystal Business Association meets on Wednesday, April 18, at 8:30 a.m. at Crystal City Hall in the Community Room, hosted by Copperfield Hill. b. A Home, Life and Family Expo will be held at the Community Center from 9 a.m. – 3 p.m. on Saturday, April 28. c. The Light of Crystal is hosting its Fifth Annual No-Tap Bowling Tournament at 6:30 p.m., Saturday, April 28, at New Hope Bowl, 7107 – 42nd Avenue North. d. Serenity Village is hosting a spring concert series to benefit the homeless starting on Saturday, April 28 at 7 p.m. at 4100 Douglas Drive. e. The next City Council meeting is Tuesday, May 1, at 7 p.m. in the Council Chambers at City Hall. f. Arbor Day celebration and park cleanup is Wednesday, May 2 at 6:30 p.m. at Kentucky Park. g. 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. h. 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. Crystal City Council Meeting Agenda April 17, 2018 Page 4 of 4 8. Adjournment 9. April 17, 2018 Meeting Schedule Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. First City Council work session to discuss: • West Metro Fire-Rescue District quarterly update. • 2019 reconstruction of Winpark Drive (joint with New Hope). Conference Room A 7 p.m. City Council meeting Council Chambers Following the City Council meeting Economic Development Authority (EDA) meeting: • Public hearing to consider a resolution authorizing the sale of 5612 Adair Ave. N. to Novak-Fleck for new home construction. • Public hearing to consider a resolution authorizing the sale of 5618 Adair Ave. N. to Tollberg Homes for new home construction. • Consider a resolution authorizing the use of available increment from TIF District #2151 for the Bass Lake Road streetscape project. Council Chambers Following the EDA meeting Second City Council work session to discuss: • Drainage in Phase 16, specifically the area of 61st and Douglas. • Review tobacco and alcohol compliance checks and penalties. • Disorderly properties. • Quarterly Blue Line Extension update and Master Funding Agreement. • Constituent issues update. • City manager monthly update. • New business.* • Announcements.* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend. See you at Tuesday’s meeting. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov PROCLAMATION CRYSTAL 2018 ARBOR DAY CELEBRATION MAY 2, 2018 WHEREAS, Crystal is a tree city and has been a tree city since 1998; and WHEREAS, the Crystal Parks & Recreation Commission serves as Crystal’s Tree Board; and WHEREAS, as Crystal’s Tree Board, the Parks & Recreation Commission holds an annual community event to recognize the importance of trees in our community, to provide information to residents on the importance of trees for shade, wildlife habitat, and erosion prevention; and WHEREAS, this year’s Crystal Arbor Day Celebration will be Wednesday, May 2, at 6 p.m. at Kentucky Park at 4009 Kentucky Avenue North; and WHEREAS: the City of Crystal wishes to promote the Parks & Recreation Commission and their Arbor Day Celebration. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim Wednesday, May 2, 2018, as ARBOR DAY and the month of May as Arbor Month in the City of Crystal. Dated this 17th of April, 2018 _________________________ Jim Adams, Mayor 3.1 Crystal City Council meeting minutes April 3, 2018 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 3, 2018 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche.Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney A. Biggerstaff, Community Development Director J. Sutter, Recreation Director J. Elholm, Police Chief S. Revering 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 LaRoche and seconded by Council Member Dahl to approve the agenda. Motion carried. 3.Appearance 3.1 The Council received a presentation and update on the Sheriff’s activities and initiatives from Sheriff Stanek. 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 March 20, 2018. b.The regular City Council work sessions on March 20, 2018. 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. 2018-46, accepting the following donations: a.$5,000 from Crystal Lions for Crystal Police K-9 Unit. b.$50 from Beau and Megan Daniels for Crystal Police K-9 Unit. c.$150.45 from donation boxes for Crystal Police K-9 Unit. d.$50 from Kiem Engelen for Crystal Police K-9 Unit. e.$40 from Jacqueline and Steve Gillane for Crystal Police K-9 Unit. f.$20 from Nancy Long for Crystal Police K-9 Unit. 4.1(a) Crystal City Council meeting minutes April 3, 2018 Page 2 of 3 g. $70 from Joseph Selton, Jr. for Crystal Police K-9 Unit. h. $40 from Russell and Theresa Skovera for Crystal Police K-9 Unit. i. $5,845 from VFW Post 494 for Crystal Police K-9 Unit. j. $2,000 from VFW Post 494 for Crystal Airport Open House. k. $1,000 from West Metro Fire-Rescue District Firefighters Relief Association for Crystal Airport Open House. 4.4 Approval of a special permit for wine and beer to be served at Bassett Creek Park for a birthday party on June 16, 2018 from 5 – 9:30 p.m., submitted by Hannah Massey. 4.5 Approval of Resolution No. 2018-47, establishing dates and offices for the 2018 municipal elections. Moved by Council Member Deshler and seconded by Council Member Dahl to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council: • Thomas Benson, 4525 Xenia Ave. N., regarding concerns about parking on Welcome Ave. 6. Regular Agenda 6.1 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 Deshler to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Parsons. Motion carried. 6.2 The Council reviewed bids received for the Bass Lake Road streetscape project and considered a resolution awarding a construction contract. Community Development Director John Sutter addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 – 48 AWARD CONTRACT FOR BASS LAKE ROAD STREETSCAPE PROJECT 2018-07 Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Parsons. Motion carried, resolution declared adopted. 4.1(a) Crystal City Council meeting minutes April 3, 2018 Page 3 of 3 6.3 The Council considered authorizing a contract for construction engineering services for the Bass Lake Road streetscape project. Community Development Director John Sutter addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski to approve a contract for construction engineering services for the Bass Lake Road streetscape project. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Parsons. Motion carried. 6.4 The Council considered a resolution authorizing a contract for a shade structure at the Crystal Cove Aquatic Center. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 – 49 RESOLUTION IN SUPPORT OF PURCHASING A SHADE STRUCTURE FOR THE CRYSTAL COVE AQUATIC CENTER Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Parsons. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 7:41 p.m. __________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 4.1(a) Crystal City Council first work session minutes April 3, 2018 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:15 p.m. on April 3, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney A. Biggerstaff, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter, Recreation Director J. Elholm, Police Chief S. Revering and City Clerk C. Serres. Others present: •John Evans, assistant director of Hennepin County Environment and Energy. •Jacob Burgstahler, landscape architect with Stantec Consulting Services Inc. •Members of the Crystal Historical Society Subcommittee: Steve Adams, Ann Berger, James Einfeldt-Brown and Therese Kiser. •Hennepin County Assessors Ashley Munneke and Braden Johnson. II.Agenda The Council and staff discussed the following agenda items: 1.Hennepin County Highway 81 median planting concept. 2.Historical Society Subcommittee update. 3.Hennepin County Assessing update and preview of Open Book. III.Adjournment The work session adjourned at 6:52 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(b) Crystal City Council second work session minutes April 3, 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 7:47 p.m. on April 3, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Police Chief S. Revering and City Clerk C. Serres. II.Agenda The Council and staff discussed the following agenda items: 1.Update from Hennepin Recycling Group Manager Tim Pratt on curbside recycling and other recycling information. 2.Constituent issues update. 3.New business. 4.Announcements. III.Adjournment The work session adjourned at 8:12 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(b) Page 1 of 2 City of Crystal Council Meeting April 17, 2018 Applications for City License Animal Kennel-Commercial Access Veterinary Care 6225 42nd Ave N Crystal, MN 55422 Anna Lindstrom Canine Comforts 5500 Welcome Ave N Crystal, MN 55429 Emily Pallnow 3035 Hampshire Ave N Crystal, MN 55427 P & C Enterprises LLC Pet Supplies Plus 345 Willow Bend Crystal, MN 55428 Animal Kennel-Private Bonnie Pechtel 4702 Douglas Dr N Crystal, MN 55429 Geraldine Rimas 6527 46th Ave N Crystal, MN 55428 Jessica Segner 5225 34th Pl N Crystal, MN 55422 Mary Gray 3709 Yates Ave N Crystal, MN 55422 Taylor Griffin 6926 46th Ave N Crystal, MN 55428 Tim & Amy Wodarski 5101 Corvallis Ave N Crystal, MN 55429 Rental – New 5123 Angeline Ave N – Maga Amekudji (Conditional) 3335 Nevada Ave N #3504 – Yuri Dreizin 5718 Sumter Ave N – Juniper Land Trust LLC (Conditional) 3264 Xenia Ave N – C & N Wescoe Bauman (Conditional) Rental – Renewal 3612 Adair Ave N – IH3 Property Minnesota LP (Conditional) 5630 Adair Ave N – Steve Mohn (Conditional) 5108 Angeline Ave N – Cosco Property IV LLC (Conditional) 3100 Aquila Ave N – R & S Properties of Minnesota LLC (Conditional) 3143 Aquila Ave N – Lowell Pitkin 6707 Corvallis Ave N – Newland Property (Conditional) 3505 Douglas Dr N – FTKD Properties (Conditional) 5141 Edgewood Ave N – Dennis O’Keefe (Conditional) 4825 Georgia Ave N – James Carroll 5324-5340 Hanson Ct N – TMC Equities LLC (Conditional) 5942 Idaho Ave N – MNSF (Conditional) 4518 Jersey Ave N – IH3 Property Minnesota LP (Conditional) 6048 Jersey Ave N – IH3 Property Minnesota LP 3026 Kentucky Ave N – Steve Ganz 3517 Lee Ave N – Peter Ralph 6804 Lombardy La – Raymond and Cindy Scherbing (Conditional) 4849 Louisiana Ave N – Pradeep Khakural (Conditional) 4840 Nevada Ave N – Brett Hulett 5733 Nevada Ave N – Nicole Arvold 5724 Orchard Ave N – Cosco Property IV LLC (Conditional) 5023 Welcome Ave N – Rent City at Welcome LLC (Conditional) 3815 Xenia Ave N – Distinguished Properties (Conditional) 4.2 Page 2 of 2 4246 Xenia Ave N – RTO Investments (Conditional) 3100 Yukon Ave N – ADS LLC (Conditional) 4227 Zane Ave N – MNSF (Conditional) 6620 44th Ave N – Robert and Jenny Donovan 6926 46th Ave N – Taylor Griffin (Conditional) 5022 49th Ave N – MNSF 6919 52nd Ave N – Brent Juusola 6001 56th Ave N – WFC Properties LLC (Conditional) 6017 56th Ave N – WFC Properties LLC (Conditional) 4727 57th Ave N – Hanson Brothers Investment Group LLC (Conditional) 6418 61st Ave N – Godiva Properties LLC (Conditional) Tree Trimmer Gosiak Tree Service 8037 130th Ave Little Falls, MN 56345 4.2 Memorandum DATE: April 2, 2018 TO: Mayor and Council FROM: Kim Therres, Assistant City Manager/Human Resources Manager SUBJECT: Resignation from Employee Review Board Dutch Fischer has notified us of his desire to resign from the Employee Review Board because he moved out of the City of Crystal. Please accept his resignation. 4.3 4.4 Memorandum DATE: April 17, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Changes in Municipal State Aid designations Summary As previously discussed, with the closure of Welcome Avenue between 46th Avenue and 47th Avenue the State Aid designation will need to be revoked from that one block of Welcome Avenue. 46th Avenue between Welcome Ave and Xenia Ave will need to be designated, as well as Xenia Ave between 46th and 47th. Under State Aid rules, Cities are allowed to designate up to 20% of the City’s street mileage as Municipal State Aid routes. These routes are then eligible for funding that comes from State gas tax distributions. The amount each City gets is derived from a complex formula, but one of the factors is vehicle traffic. It is to a City’s benefit to have the higher volume roads be designated as State Aid routes, this also makes sense practically because State Aid routes must be built to State Aid standards which are higher than normal City streets. Other factors Over the past year, staff have also been going through all of the State Aid segment lengths and performing an audit of sorts to make sure everything is accurate. Through this process some additional corrections in length have been identified. No Council approval is needed as there is no changes in designations, just updates. The important take away is that the miles of designated State Aid mileage changed a bit because of these corrections. Street removals In addition to the removal of Welcome Avenue between 46th Avenue and 47th Avenue, staff have also looked into the shortening of the 29th Avenue cul-de-sac on the south side of Bassett Creek Park. This change was identified though the Park Master Plan process. The street would be terminated approximately 10-15’ past (east) of the only existing driveway on this segment of road. Staff has met with the only property owner that fronts 29th Ave and they are strongly in favor of this removal. The other important note with the street removals is that since the MSA designation is based on 20% of the total mileage, reducing street mileage will reduce MSA mileage. That said, it is still in the City’s best interest to reduce unneeded streets as it still reduces our overall long-term liability. 4.5 Current State Aid status Existing street miles 88.09 MSA borders count as half mileage. All other full mileage. MSA allowance 20% 17.62 20% of total street mileage Existing MSA designated mileage 17.54 Based on Crystal proposed mileage corrections Existing MSA balance 0.07 Available to designate MSA roads Proposed changes (street removals) – overall picture New total mileage 87.89 MSA borders count as half mileage. All other full mileage MSA allowance 17.58 20% of total mileage MSA amount 17.57 Based on Crystal corrections and proposed MSA changes MSA balance 0.01 0.01 miles is 52.8 feet. This really means the City has used all our potential mileage. Proposed changes in State Aid designations Staff looked at a variety of options to try and fully allocate MSA mileage, while also trying to shift mileage to higher-volume roads. The first three lines of the table below relate solely to the Welcome Park project. The un-designation of 34th was identified because it is a lower volume of road and the mileage it freed up allowed for 55th Avenue between W. Broadway and Sherburne Ave to be designated. Not only is this segment of 55th higher volume than 34th Ave, but it also has a traffic signal which is a factor taken into consideration. Street Name Termini Addition to MSA Reduction from MSA Welcome Avenue 46th Avenue to 47th Avenue -0.12 46th Avenue Welcome Ave to Xenia Ave 0.08 Xenia Avenue 46th Avenue to 47th Avenue 0.12 34th Avenue Brunswick Ave to Douglas Dr -0.13 55th Avenue W. Broadway to Sherburne Ave 0.07 Sums: 0.27 -0.25 Cost considerations When State Aid funds are used on reconstructed roads, if any change is made within the next 25 years there is a payback required. That said, in talking with State Aid staff this payback can be balanced out if the City has a State Aid-eligible project that the City was not planning on using State Aid funds for. The joint mill and overlay project on 36th Avenue is such a project. Because New Hope is using State Aid funds for the project, Crystal had to go through all the State Aid approvals, even though we are using local street maintenance funds for the project. We did not originally plan to go the State Aid route because we basically have IOU’s from the State for all our previous street reconstruction projects for the next 5+ years. This due to the City being annually allotted a specific amount, but our project costs were in excess of that. In short, we can seek to “use” State Aid funds for the 36th Ave mill and overlay project that will in-effect cancel out the payback for revoking the State Aid status from Welcome Ave and 34th Ave. 4.5 Welcome Avenue • PROJECT: 116-314-002 (awarded 2009) • Project amount: $734,437 • Award Year: 2009 (Current Year 2018) • 2018 – 2009 = 9 years of life completed • REMAINING LIFE = 16 years Project length = 0.65 miles. (0.12 miles to be deleted) Prorate by life and length (0.12 miles/ 0.65 miles) * (16 years/25 years) * $734,437 = $86,776 of payback 34th Avenue • PROJECT: 116-333-002 (awarded 1998) • Project amount: $432,939 • Award Year: 1998 (Current Year 2018) • 2018 – 1998 = 20 years of life completed • REMAINING LIFE = 5 years Project length = 0.45 miles. (0.13 miles to be deleted) Prorate by life and length (0.13 miles / 0.45 miles) * (5 years/25 years) * $432,939 = $25,014 of payback Attachments • Proposed State Aid changes • Proposed street removals Recommended Action Motion to approve the resolution modifying municipal state aid street designations. 4.5 Add .07 Miles 55th Ave. Remove .12 Miles Welcome Ave. Add .08 Miles 46th Ave. Add .12 Miles Xenia Ave. Remove .13 Miles 34th Ave. C P 8 1 D o u g l a s A d a i r 45th B N S F 35th 36th Ha m p s h i r e 42nd 38th Z a n e 56th 44th 43rd 41st C o l o r a d o 47th W e st B ro a d w a y Wilshire Hill 37th 52nd 40th 53rd I d a h o K e n t u c k y Valley 1 0 0 L e e B r u n s w i c k 54th 50th K y l e 46th J e r s e y R a m p Bernard Y a t e s Markwood X e n i a L a k e l a n d 34th Q u a i l N e v a d a P e r r y W e l c o m e M a j o r 49th N o b l e 5 1 s t S c o t t F l o r i d a G e o r g i a 48th V e r a C r u z 39th Corvallis O r c h a r d U n i t y J u n e Fairview R e g e n t E d g e w o o d Byron M a r y l a n d L o u i s i a n a H a n s o n T o l e d o Willow Lakeside Angeline St Raphel T w i n L a k e M e m o r y F l o r i d a 48th 8 1 41st 39th T o l e d o L o u i s i a n a W e l c o m e F l o r i d a U n i t y J e r s e y H a m p s h i r e Q u a i l N e v a d a J e r s e y I d a h o K e n t u c k y 45th J e r s e y Z a n e 50th 51st 41st J e r s e y O r c h a r d L o u i s i a n a E d g e w o o d L o u i s i a n a 35th R e g e n t 53rd L a k e l a n d X e n i a J e r s e y 5 1 s t 43rd Corvallis A d a i r Corvallis K e n t u c k y I d a h o F l o r i d a F ai r v iew 35th K e n t u c k y G e o r g i a C o l o r a d o Y a t e s 39th Jersey Q u a i l Q u a il 36th 52nd 45th M a r y l a n d G e o r g i a C P F l o r i d a 5 1 s t I d a h o 50th Ramp Y a t e s N e v a d a W e l c o m e 34th R e g e n t F l o r i d a Fairview49th M a r y l a n d 5 6t h P erry W e l c o m e 48th 36th G e o r g i a H a m p s h i r e 46th Fairview 54th R e g e n t R e g e n t 46th Y a t e s G e o r g i a 53rd 47th V e r a C r u z Un i t y 38th 54th P e r r y Q u a i l I d a h o B r u n s w i c k 49th X e n i a 48th 44th V e r a C r u z State Aid Additions/Removals· 00.25 0.50.125 Miles Crystal Streets Category: LOCAL MSA LOCAL COUNTY STATE HWY RAIL LINE Other Cities 4.5 Remove .12 Miles Welcome Ave. Remove .08 Miles 27th Ave. D o u g l a s 1 0 0 32nd 35th 45th 36th Z a n e 42nd H a m p s h i r e 38th 30th F l o r i d a 44th 43rd 41st C o l o r a d o 47th A d a i r 37th B r u n s w i c k 40th L e e R a m pHill 8 1 K y l e Id a h o 46th Je r se y Q ua i l P er r y Y at e s M a jo r X e n i a 34th No b le Markwood G e o r g i a 48th Re ge nt 2 9 t h Valley 31st 39th Or c ha r d E dg ew o od W el c om e B N S F J un e V e r a C r u z Byron B r o o k r id g e M e d i c i n e L a k e Me m or y Ge o r g i a 35th 1 0 0 Fl o r i d a 34th 39th Je r s e y R a m p I d a h o 46th Z a n e Y at e s Xe n i a H a m p s h i r e Je r s e y F l o r i d a 45th Ve r a C r u z Xe ni a I da ho 45th Ge o r g i a Za n eBru n s w i c k 44th 45th 2 9 t h 34th F l o r i d a 31st Y a t e s 48th V er a C r u z 2 9 t h G e o r g i a G e o r g i a 29th We lc o m e Q u a i l 36th R e g e n t E d g e w o o d J e r s e y J e r s e y W e l c o m e Ed ge w o o d Id a h o Ad a ir 43rd 35th 47th 41st Fl o ri d a P e r r y 35th 35th J e r s e y 39th F lo r i d a F lo r i d a Br un s wi c k 46th Y a t e s Y at e s 2 9 t h 41st Co lo ra do Xe ni a 8 1 38th W e l c o m e Planned 2018 Road Removals· 0 0.25 0.50.125 Miles Crystal Streets Category: LOCAL MSA LOCAL COUNTY STATE HWY RAIL LINE Other Cities 4.5 RESOLUTION NO. 2018- ___ MODIFYING MUNICIPAL STATE AID STREET DESIGNATIONS WHEREAS, the City has completed a review of the existing Municipal State Aid system in the City of Crystal and modifications are proposed; and WHEREAS, the Crystal City Council hereinafter designates and revokes Municipal State Aid Street designations under the provisions of Minnesota Law; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the following changes to the Crystal Municipal State Aid systems described as follows, to wit: Revocations • Part of MSAS 314: Welcome Avenue- 46th Avenue N. to 47th Avenue N. (0.12 existing miles) • Part of MSAS 333: 34th Avenue- Douglas Drive to Brunswick Avenue (0.13 existing miles) Designations • MSAS 341: 46th Avenue N- Xenia Avenue to Welcome Avenue (0.08 existing miles) • MSAS 342: Xenia Avenue- 46th Avenue N. to 47th Avenue N. (0.12 existing miles) • MSAS 343: 55th Avenue- W. Broadway (CSAH 8) to Sherburne Avenue (0.07 existing miles) be, and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Crystal , to be numbered and known as a Municipal State Aid Street. Adopted by the Crystal City Council this 17th day of April, 2018. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 4.5 Memorandum DATE: April 17, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Three Rivers Park District easement for the Bassett Creek Regional Trail Summary Three Rivers Park District has completed the Bassett Creek Regional Trail through New Hope and Crystal. Now that the trail is done, the permanent easement documents need to be executed and recorded. Approval for the construction of the trail was granted by the Council when it approved the Trailway Cooperative Agreement in April 2016. The proposed resolution will give Three Rivers Park District the permanent easement/permit for their trail in accordance with the agreement. Attachments •Easement agreement •Easement Exhibit A •Easement Exhibit B Recommended Action Motion to approve the resolution authorizing the Bassett Creek Regional Trail Easement in accordance with the Trailway Cooperative Agreement with Three Rivers Park District. 4.6 Trail Easement with LUP Provision 1 PUBLIC TRAILWAY PERPETUAL EASEMENT AND PERMANENT IRREVOCABLE PERMIT This Public Trailway Easement (“Easement”) and Permanent Irrevocable Permit (“Permit”), made this ______ day of ________, 2018, by the City of Crystal, a Minnesota municipal corporation (“Grantor”) to Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota (“Grantee”). RECITALS WHEREAS, Grantor and Grantee entered into a Trailway Cooperative Agreement (“Agreement”) for Bassett Creek Regional Trail (“Trail”) dated as of April 5, 2016; and WHEREAS, pursuant to the Agreement, Grantor agreed to convey to Grantee an easement and/or permit as further described herein and Grantee agreed to accept the easement and/or permit according to the terms and conditions contained herein; and WHEREAS, Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (“Easement Area”); and WHEREAS, Grantor is not the fee owner, but has legal authority to construct, maintain and operate sidewalks, trails, and other such public ways within the area legally described on the attached Exhibit B (“Permit Area”); and WHEREAS, said Easement provided by the Grantor does not convey ownership of lands within the Easement and Permit Areas to the Grantee. NOW THEREFORE, in consideration of mutual covenants contained within the Agreement referenced above, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Grantor agrees to as follows: TERMS OF PERPETUAL EASEMENT AND PERMANENT IRREVOCABLE PERMIT 1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally described and depicted on the attached Exhibit A. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. The Easement shall be non- exclusive; provided, however, this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 4.6 Trail Easement with LUP Provision 2 2.) Grant of Permit. Grantor grants and conveys to the Grantee the permanent, irrevocable Permit legally described and depicted on the attached Exhibit B. The permit shall be permanent, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. The Permit shall be non-exclusive; provided, however, this Permit shall be prior to and superior to any other permitted use of the permitted area, hereinafter granted. Any future permit shall be subject to and subordinate to, and shall not interfere with, the Permit without the consent, in writing, of Grantee. 3.) Scope of Easement and Permit. The perpetual non-exclusive Easement and Permit granted herein includes the right of the Grantee, its contractor, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described Easement and Permit Areas any of the following facilities and amenities: public sidewalk or trail; trail signage; informational kiosks; benches; bike racks; fences; trail bridges/tunnels; and any other trail related structure. All such activities shall be limited to the described Easement Area and Permit Area and no expansion beyond those described areas shall be allowed without separate written permission from Grantor. Grantee’s use of the Easement Area and Permit Area shall not interfere with or obstruct the use of Grantor’s property or right-of-way. 4.) Obstructions. Grantee shall at all times have the right to keep the Easement Area and Permit Area clear of all buildings, structures, fences, trees, shrubbery, undergrowth, roots and other obstructions that may interfere with or endanger usage of the Trail. Grantee warrants that it will defend and indemnify Grantor against any claims, loss, expense, including reasonable attorneys’ fees, arising from any actions of the Grantee to clear the Easement Area or Permit Area. 5.) Trail Use and Purposes. This Easement and Permit is for public trailway purposes only. The Trail shall be open to the general public, and be used exclusively for outdoor recreation and commuting including but not limited to walking, jogging, skating, biking, and uses allowed under State and Federal law including, but not limited to, other personal driven mobility devices (OPDMD’s) and electric personal assistive devices. In addition, motor vehicles used for maintenance, law enforcement or other public uses will be permitted within the Easement Area and Permit Area. 6.) Loss of Property Rights. Grantor warrants that it will defend and indemnify Grantee against any loss, expense, or interruption to the contiguity of the Trail, and, further shall, at its own expense, take all necessary action, including, but not limited to, the use of eminent domain to secure a continuous and contiguous trail corridor within the Easement Area and Permit Area. These obligations of Grantor may be specifically enforced by Grantee and further all costs of such enforcement, including reasonable attorney’s fees, shall be paid by Grantor. 7.) Property Rights and Execution Authority. The Grantor warrants that it 1) owns good and marketable title to the Easement Area, 2) has legal rights to construct, maintain and operate sidewalks, trails and other such publicways within the Permit Area, 3) has the right, title and capacity to convey the Easement and Permit to Grantee, and 4) that the undersigned is authorized to execute this Easement and Permit. 8.) Environmental Matters. Grantor shall provide Grantee written documentation of any and all previously and/or currently present hazardous materials, pollutants, or other contaminants within the Easement and Permit Areas known to the Grantor. Grantee shall 4.6 Trail Easement with LUP Provision 3 not be responsible for any costs, expenses, damages, obligations, including penalties and reasonable attorney’s fees, or losses resulting from any claims, actions, suits or proceedings based upon the release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement and Permit Areas prior to the date of this instrument. In witness whereof, the said parties have caused this instrument to be executed on the date and year first written above. CITY OF CRYSTAL __________________________ Its Mayor __________________________ Its City Manager State of Minnesota ) ) S.S. County of Hennepin ) The foregoing instrument was acknowledge before me this _____ day of _____________, 2018, by _______________________ and __________________________, the Mayor and City Manager, respectively of the City of Crystal, a Minnesota municipal corporation, Grantor. ____________________________ Notary Public Notary Stamp or Seal This instrument drafted by: Eric J. Quiring Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 j:\projects\regional trails\tbc 1501 bassett creek rt\j permanent records\l agency agreements\city coop agreements\crystal\easement-lup\trailway easement with lup provision-crystal.docx 4.6 N 8 2 ° 3 0 ' 0 4 " E 9 9 . 0 ' N 8 9 ° 5 8 ' 5 9 " E 1 5 3 . 9 9 'S 7 5 ° 1 1 ' 4 7 " E 3 2 . 6 3 'N 8 9 ° 5 8 ' 5 9 " E 3 3 1 . 5 1 ' N 6 6 ° 3 5 ' 0 3 " E5 7 . 2 8 ' S 6 1 ° 1 2 ' 5 7 " E 3 0 . 0 0 '∆ = 7 ° 2 8 ' 5 5 "R = 3 0 0 . 0 0 'L = 3 9 . 1 8 '∆ = 7 ° 2 8 ' 5 5 "R = 3 0 0 . 0 0 'L = 3 9 . 1 8 ' ∆ = 1 4 ° 4 9 ' 1 3 "R = 1 0 0 . 0 0 'L = 2 5 . 8 7 ' ∆ = 1 4 ° 4 9 ' 4 3 "R = 1 0 0 . 0 0 'L = 2 5 . 8 7 ' ∆ = 2 3 ° 2 3 ' 5 6 "R = 1 0 0 . 0 0 'L = 4 0 . 8 4 ' ∆ = 5 2 ° 1 2 ' 0 0 "R = 1 0 0 . 0 0 'L = 9 1 . 1 1 ' ∆ = 2 8 ° 4 8 ' 0 4 "R = 1 0 0 . 0 0 'L = 5 0 . 2 7 ' This map is a compilation of data from varioussources and is provided "as is" without warrantyof any representation of accuracy, timeliness, orcompleteness. The user acknowledges and acceptsthe limitations of the Data, including the fact that theData is dynamic and in a constant state ofmaintenance, correction, and update. 0 50 100 150 20025Feet NBasset Creek Regional Trail Easement Valley View ParkCrystal, Minnesota SO U T H W E S T C O R N E R O F N O R T H E A S T Q U A R T E R , S E C T I O N 2 0 , T O W N S H I P 1 1 8 , R A N G E 2 1 WE S T L I N E O F N O R T H E A S T Q U A R T E R , S E C T I O N 2 0 , T O W N S H I P 1 1 8 , R A N G E 2 1 POINT OF BEGINNING A 1 6 . 0 f oot w i d e pe rpe t ua l P ub l i c T ra i l w a y E a se m e nt ove r , und e r , a c ross, a ndt h roug h pa rt of t h e f ol l ow i ng d e sc ri b e d prope rt y :L ot 5 , B l oc k 1 , VA L L E Y V I E W P A R K A D D I T I O N , H e nne pi n C ount y , M i nne sot a T h e c e nt e rl i ne of sa i d pe rpe t ua l e a se m e nt i s d e sc ri b e d a s f ol l ow s:C om m e nc i ng a t t h e S out h w e st c orne r of t h e N ort h e a st qua rt e r of S e c t i on 2 0 ,T ow nsh i p 1 1 8 , R a ng e 2 1 , H e nne pi n C ount y , M i nne sot a , T h e nc e on a n a ssum e db e a ri ng of N ort h 0 ° 2 1 ’ 3 1 ” E a st f or a d i st a nc e of 2 2 . 6 7 ’ a l ong t h e W e st l i ne ofsa i d N ort h e a st qua rt e r , t h e nc e N ort h 8 9 ° 5 8 ’ 5 9 ” E a st f or a d i st a nc e of 2 3 2 . 1 2 ’ t ot h e P oi nt of b e g i nni ng of t h e c e nt e rl i ne t o b e d e sc ri b e d . 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T h e si d e l i ne s of sa i d pe rpe t ua l e a se m e nt t o b e prol ong e d orsh ort e ne d t o t e rm i na t e on t h e l ot l i ne s of sa i d L ot 5 . Exhibit A 4.6 3 6 . 0 ' 3 6 . 0 ' 3 6 . 0 ' This map is a compilation of data from varioussources and is provided "as is" without warrantyof any representation of accuracy, timeliness, orcompleteness. The user acknowledges and acceptsthe limitations of the Data, including the fact that theData is dynamic and in a constant state ofmaintenance, correction, and update. 0 60 120 180 24030Feet NBasset Creek Regional Trail Easement Basset Creek ParkCrystal, Minnesota NORTH LINE OF SOUTH HALF, SECTION 21, TOWNSHIP 118, RANGE 21 SOUTHERLY EASEMENT LINE SOUTHERLY EASEMENT LINE SOUTHERLY EASEMENT LINE A perpet u a l P u bl i c T ra i l w a y E a s em ent over , u nder , a c ros s , a nd t h rou g h pa rt of t h e f ol l ow i ngdes c ri bed propert y: T ra c t ( s ) A , B & C , R E G I S T E R E D L A N D S U R V E Y N O 1 6 6 , H ennepi n C ou nt y, M i nnes ot a A L S O L ot 2 4 , S U N N Y B R O O K E A C R E S , H ennepi n C ou nt y, M i nnes ot a A L S O L ot 6 B l oc k 1 , L ot s 1 a nd 6 B l oc k 2 , L ot 1 B l oc k 3 , J O R D A N ’ S B R O O K S I D E A D D I T I O N ,H ennepi n C ou nt y M i nnes ot a S a i d E a s em ent bei ng des c ri bed a s t h a t pa rt of t h e a bove des c ri bed propert y l yi ng N ort h erl y of al i ne dra w n pa ra l l el w i t h a nd 3 6 . 0 0 ’ s ou t h erl y of t h e N ort h l i ne of t h e S ou t h h a l f of S ec t i on 2 1 ,T ow ns h i p 1 1 8 , R a ng e 2 1 , H ennepi n C ou nt y, M i nnes ot a . Exhibit A 4.6 25.00' 5.00' This map is a compilation of data from varioussources and is provided "as is" without warrantyof any representation of accuracy, timeliness, orcompleteness. The user acknowledges and acceptsthe limitations of the Data, including the fact that theData is dynamic and in a constant state ofmaintenance, correction, and update. 0 25 50 75 10012.5 Feet N Basset Creek Regional Trail EasementCrystal, Minnesota A perpetual Public Trailway Easement over, under, across, and through part ofthe following described property: Lot 4, Block 1, SUNNYBROOK ACRES, 5TH ADDITION, Hennepin County,Minnesota Said Easement described as lying Southeast of a line drawn between a point onthe east property line distant 25.00 feet North of the Southeast corner of Lot 4 toa point on the South property line distant 5.00 feet West from the SoutheastCorner of Lot 4. Exhibit A 4.6 BASSET CREEK REGIONAL TRAILCYRSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"1 12 Legend Centerline - Basset Creek RT Existing Easement A10305320 Existing Easement A10420908 Basset Creek Regional Trail LUP New Hope Bassett Creek Regional Trail LUP City of Crystal # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"2 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail LUP Bassett CreekRegional Trail City of Crystal LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"3 12 Legend Centerline - Basset Creek RT Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"4 12 Legend Centerline - Basset Creek RT Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"5 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"6 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"7 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"8 12 Legend Centerline - Basset Creek RT Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"9 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"10 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width 4.6 BASSET CREEK REGIONAL TRAILCRYSTAL, MINNESOTA PUBLIC TRAILWAY PERMITEXHIBIT "B"11 12 Legend Centerline - Basset Creek RT Basset Creek Regional Trail Easement, Exhibit A Bassett CreekRegional Trail LUP # # Public Trailway Permit 14' Width MA T C H L I N E A 4.6 ?A@100 ?A@100 This map is a compilation of data from varioussources and is provided "as is" without warrantyof any representation of accuracy, timeliness, orcompleteness. The user acknowledges and acceptsthe limitations of the Data, including the fact that theData is dynamic and in a constant state ofmaintenance, correction, and update. Hwy 100 ROW Basset Creek Regional Trail Easement, Exhibit A Public Trailway Permit - Crystal Public Trailway Permit - MnDOT 0 100 200 300 40050Feet N Public Trailway Permit Basset Creek Regional TrailCrystal, Minnesota # BEGIN BRIDGE 27A71 MA T C H L I N E A Exhibit "B" SHEET NO. 11 OF 12 4.6 RESOLUTION NO. 2018- ___ AUTHORIZING THE BASSETT CREEK REGIONAL TRAIL EASEMENT FOR THREE RIVERS PARK DISTRICT WHEREAS, the City of Crystal and Three Rivers Park District entered into a Trailway Cooperative Agreement for Bassett Creek Regional Trail dated April 5, 2016; and WHEREAS, pursuant to the Agreement, City of Crystal agreed to convey an easement and/or permit to Three Rivers Park District; and WHEREAS, the City of Crystal is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (“Easement Area”); and WHEREAS, the City of Crystal is not the fee owner, but has legal authority to construct, maintain and operate sidewalks, trails, and other such public ways within the area legally described on the attached Exhibit B (“Permit Area”); and WHEREAS, said Easement provided by the City of Crystal does not convey ownership of lands within the Easement and Permit Areas to the Three Rivers Park District. NOW THEREFORE that the Crystal City Council hereby authorizes the public trailway perpetual easement and permanent irrevocable permit to Three Rivers Park District for the Bassett Creek Regional Trail. Adopted by the Crystal City Council this 17th day of April, 2018. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 4.6 G:\Brenda\Accts Payable\Check over $25,000\Checks over $25,000 Memo.xls DATE:April 12, 2018 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Acting Finance Director RE:Expenditures over $25,000 Payee Amount IRS Federal & FICA withholding taxes for 3/23/18 pay date $55,404.02 PERA Employee and city required contributions for 4/6/18 pay date $51,877.03 W Metro Fire Rescue District April fire budget allocation $95,305.71 $202,586.76 Description 6.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: April 12, 2018 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Consider a resolution authorizing advertisement for bids to construct a softball field and related amenities in Welcome Park PROJECT This project involves construction of a new softball field in Welcome Park that includes irrigation, fencing, lighting and other related amenities. There is $660,000 allocated in the parks capital fund for this project. RECAP 12/19/17 Council adopted the city’s park and recreation system plan that included concept plans for Welcome Park. 1/02/2018 Council authorized a contract with design consultant WSB & Associates to complete final design work for a portion of Welcome Park. 2/27/2018 Staff and WSB & Associates held an open house at the Crystal Community Center to discuss the project with residents. 4/12/2018 Final design completed. 6.2 PROPOSED SCHEDULE 4/17 Council resolution approving plans & specifications and bid advertisement 4/19 Ad for bid submitted to official newspaper 4/26 & 5/3 Bid advertisement published in official newspaper 5/10 Bid Opening 5/15 Council awards contract; final decision to proceed June Contract documents; pre-construction meeting; contractor mobilization August Fields constructed and seeded September Construction substantially complete 2019 Fields ready for use in late summer REQUESTED COUNCIL ACTION City Council action on the attached resolution is requested. 6.2 RESOLUTION NO. 2018 - ______ APPROVING ADVERTISEMENT FOR BIDS WELCOME PARK SOFTBALL FIELD DEVELOPMENT PROJECT #2018-xx WHEREAS, at the direction of the City of Crystal, WSB and Associates has prepared plans and specifications and a bid advertisement for construction of a new softball field at Welcome Park that includes irrigation, fencing, lighting and other related amenities; and WHEREAS, the plans and specifications are consistent with design elements proposed in Crystal’s Park and Recreation System Master Plan that was adopted in December of 2017; and WHEREAS, a public open house was held in February of 2018 to discuss the project with residents; and WHEREAS, the plans and specifications are on file at Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA: The advertisement for bids for construction of said improvements is hereby ordered. Adopted by the Crystal City Council this 17th day of April, 2018. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.2 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 1 OF 6 _______________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for April 17 Meeting) DATE: April 12, 2018 RE: Consider adoption of a resolution approving a Conditional Use Permit for a vehicle impound lot at 5232-5240 Hanson Court North A.BACKGROUND Master Real Estate is proposing a conditional use permit (CUP) to allow a vehicle impound lot at properties they own at 5232-5240 Hanson Court North. The properties are zoned Industrial (I) and an impound lot is a conditional use within that district. Notice of the April 9 public hearing was published in the Sun Post on March 29 and mailed to owners within 500 feet (see attachment B). Prior to the Planning Commission public hearing on April 9, staff received one written comment (attachment G) from a nearby property owner who expressed concern that if the applicant’s CUP was approved, there would be too many impound lots on H anson Court, creating negative impacts in the area. After the public hearing, the Commission recommended approval of the CUP by a vote of eight to one. Attachments: A.Site location map B.Map showing public hearing notification area C.Zoning map D.Photos of existing property E.Project narrative F.Screening for impound lot at 5128 Hanson Court G.Comment from interested property owner H.Site plan (6 sheets) I.Resolution COUNCIL STAFF REPORT Conditional Use Permit for 5232-5240 Hanson Court North 6.3 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 2 OF 6 B. PROPOSED CONDITIONAL USE General Information The property at 5232 Hanson is 15,171 SF in size and the property at 5240 Hanson is 17,039 square feet in size. The size of the combined parcels are 32,210 SF (0.74 acres). The following are the existing zoning districts surrounding these properties:  North: The property is zoned Industrial  East – BNSF rail tracks and proposed future location of the Blue Line extension of the light rail line; east of the rail line are properties zoned Commercial and Industrial  West – Property is zoned Industrial  South – Property is zoned Industrial Proposed conditional use The existing 1,752 square foot office building will be demolished. The applicant will then pave most of the property as the location for a vehicle impound lot. Conditional Use permit criteria The following are the relevant criteria for approval of conditional use permits in city code section 510.19: (a) The proposed use has been approved as a conditional use in the zoning district for which it is proposed. Findings: Vehicles impound lots are a conditional use in the Industrial zoning district. (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 . Findings: On the 2030 Planned Land Use map, the properties are guided as Industrial, which is described as “manufacturing, storage, and some auto- oriented businesses (on certain corridors designated in the zoning ordinance)”. The proposed vehicle impound lot use is in conformance with this land use designation. (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. Findings: The surrounding area is of an industrial character and the proposed use will be compatible with other uses in the area. Screening of the impounded vehicles will mitigate negative impacts on surrounding properties. 6.3 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 3 OF 6 (d) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Findings: The proposed use is not expected to generate unusual noise impacts, nor will hours of operation be disruptive for this commercial area. No new exterior lighting is proposed for the property. (e) Parking is adequately provided for the proposed conditional use. Findings: Owners of impounded vehicles will not be coming to the site. As there will not be a building for the proposed use, any employees of the impound lot will only be dropping off and picking up vehicles. (f) 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. Findings: The proposed conditions of approval for the CUP are found in section C of this staff report. Use specific standards The following are the use specific standards in city code section 515.17, Subd. 5 for approval of vehicle impound lots, followed by staff’s findings of the standards. 1) The use does not include non-impound purposes, such as seasonal storage. Findings: The applicant is in agreement with this requirement. 2) The impound lot is located on a property that abuts the right of way of an active freight railroad. Findings: The impound lot is adjacent to a right-of-way for 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. Findings: The properties at 5232-5240 Hanson Court North do not abut the right-of-way of a collector or arterial street or a frontage road adjacent to a collector or arterial street. 4) The impound lot is located on a property that does not abut any property used for residential purposes. Findings: The impound lot does not abut property used for residential purposes. 6.3 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 4 OF 6 5) The portion of the property occupied by the impound lot does not exceed 1 acre. Findings: The impound lot is 28,876 SF (0.66 acres) in size. 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 10 and 11 (c), (e), (f), (g), and (i) for design of the hard surface. Vehicles shall not be parked in landscaped areas, adjacent property, or the public right-of-way. Findings: These requirements relate to pavement setbacks, pavement surfacing material, grading and drainage, curbing, sight distances, and exterior lighting. The proposed site plan for the impound lot is in conformance with these requirements. Notable Site Plan Elements The following is a description of notable site plan elements: 1) Stormwater management. Stormwater management will be provided by an on-site ponding area on the paved surface that will connect with existing storm sewer pipes. Staff from the Shingle Creek and West Mississippi Watershed Management Commissions and the city engineer have reviewed the plans and confirmed that the ponding area complies with city code rain event requirements. Since the ponding area is located on private property, its maintenance will be the responsibility of the property owner. 2) Screening. There is an existing chain-link fence, with barbed wire along the top, surrounding the property. According to city code section 520.09, Subd. barbed wire is not allowed as a fence material. In addition, the existing fence is in a state of disrepair, with portions of the fence leaning, while some components of the fence are missing. According to city code section 520.13, screening for outdoor storage “shall create a visual and/or sound barrier of the object being screened from adjacent properties and the public right-of-way”. City code section 520.09 allows fence s up to 8.5 feet in height if the fence is used for screening purposes. In 2015 City Council approved a CUP for an impound lot at 5128 Hanson Court. As part of that approval, the applicant was required to construct an opaque fence, although the entrance gates could be made with chain-link material with slats (attachment F). Staff recommends as a condition of approval of this CUP that the applicant meet the following screening requirements: a. Remove the chain-link fence and barbed wire, and replace it with an opaque fence of at least 6 feet, but no more than 8.5 feet, in height. The fence is not required along the railroad right-of-way on the east side of the property. b. The gate(s) to the impound lot may be chain-link material, but shall incorporate slats as screening material. 6.3 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 5 OF 6 3) Landscaping. The site plan meets the city’s requirement that no more than 90% of the property be impervious surface. The remaining 10% green space will be turfed setback areas. 4) Exterior lighting. The applicant is not proposing to add exterior lighting to the property. Lot Consolidation Since the hard surface pavement will cross the property line between the two properties, city code requires that the applicant submit a lot consolidation application to replat the two properties into one parcel. This application involves submittal of a final plat document to be approved by the City Council. C. REQUESTED ACTION At its meeting on April 9, 2018, the Planning Commission recommended approval of the CUP for Master Real Estate for a vehicle impound lot by a vote of eight to one subject to the following conditions of approval: 1. Site plan. The vehicle impound lot shall be paved according to the site plan in attachment H. Prior to disturbing the site for the new impervious surface, the applicant shall: a. Sign a site improvement agreement with the city to guarantee completion of the installation of the new fenced vehicle impound lot and stormwater infiltration basin. b. Receive approval by the City of a lot consolidation application to combine the properties at 5232 and 5240 Hanson Court North, using 5232 Hanson Court North as the address for the combined properties. 2. Screening. The applicant shall remove the existing chain link fence and barbed wire, and replace it with an opaque fence of between 6 and 8.5 feet in height. The fence shall be located on the north, south, and east sides of the property. The gate(s) to the impound lot may be made of chain-link, but shall incorporate slats as screening material. 3. Expiration date. The conditional use permit approval is valid for a period of one year from the date of decision by which time the applicant shall apply for a building permit for the new impervious surface. The applicant may request a one-year extension from the City Council of this expiration date if the request is made in writing no later than March 19, 2019. 4. Compliance. This conditional use permit is subject to the applicable requirements of the city code, and the applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 5. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this conditional use permit shall not be deemed to be 6.3 5 232-5240 HANSON COURT NORTH – CONDITIONAL USE PERMIT APPLICATION PAGE 6 OF 6 a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 6. Revocation. The violation of any terms or conditions of this conditional use permit including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit. The applicant shall be given written notice of any violation and reasonable time, as determined by the City, to cure the violation before a revocation of the permit will occur. 7. Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the applicant, their successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit is terminated or revoked as provided herein. The obligations of the applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the property. 8. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this conditional use permit shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use permit without qualification, reservation, or exception. City Council motion is requested to approve the proposed resolution (Attachment I) which approves the CUP for a vehicle impound lot for Master Real Estate. 6.3 Attachment A 6.3 Hennepin County Locate & Notify Map 5232-40 Hanson Ct 0 240 480120 ft Date: 3/13/2018 Buffer Size:500 feetMap Comments: This data (i) is furnished 'AS IS' with no representation as tocompleteness or accuracy; (ii) is furnished with no warranty of anykind; and (iii) is notsuitable for legal, engineering or surveyingpurposes. Hennepin County shall not be liable for any damage, injuryor loss resulting from this data. For more information, contact Hennepin County GIS Office300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us Attachment B 6.3 H A N S O N C T H A N S O N C T L A K E L A N D A V E W IL SH IR E B LV D . 54 5400 54 54 54 5217 5323 5500 5417 5170 5430 5216 5265 5128 5450 5353 5425 5209 54 5225 5445 5208 5221 5343 5273 5241 5333 52 32 5 240 5 248 52 56 54 54 5465 5115 5 2 4 0 5 2 1 3 5 2 6 4 5 2 3 1 5 2 3 2 5182 5 2 7 2 5 2 4 1 5124 5 2 2 4 5431 5 2 1 6 5410 5509 5 3 1 6 5 4 1 0 5100 5161 5213 5201 5324 ® Base Zoning Districts R1 Low Density Residential R2 Mediun Density Residential R3 High D ensity Residential Commercial District Industrial District Airport District Water Bodies Overlay Districts Planned Development Overlay Floodplain Overlay roadnet utm crystal City of Crystal Community Development Department 4141 Douglas Drive North, Crystal, MN 55422-1696 763-531-1142, www.crystalmn.gov Disclaim er: The Official Zoning Map is subject to change by action of the Crystal City Council. Any disagreement(s) or inconsistencies between this map and an ordinance adopted by the city council, the ordinance shall prevail. Official Zoning District Map, Crystal, Minnesota We the undersigned certify that this is the Official Zoning Map, adopted by Crystal City Council on MONTH DAY YEAR _____________ _____________________ Date Jim Adams, Mayor _____________ _____________________ Date Chrissy Serres, City Clerk Date: 3/27/2018 Site: 5232/40 Hanson Ct. 0 10 0 200 300 40050 Feet Zoning Attachment C 6.3 Attachment D 6.3 Attachment E 6.3 Attachment F 6.3 Attachment G 6.3 6.3 A t t a c h m e n t H 6 . 3 6.3 6.3 6.3 6.3 6.3 Attachment I CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2018- _______ RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A VEHICLE IMPOUND LOT WHEREAS, Master Real Estate (“Applicant”) submitted an application to the City of Crystal (“City”) for a conditional use permit to allow a vehicle impound at 5232-5240 Hanson Court North in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s request on April 9, 2018 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit be approved with certain conditions; and WHEREAS, the City Planner’s report dated April 17, 2018 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit as recommended by the Planning Commission would be in compliance with the applicable rules and regulations of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby approves and issues a conditional use permit to allow a vehicle impound lot on the Property subject to compliance with the Crystal City Code and all of the following conditions of approval: 1. Site plan. The vehicle impound lot shall be paved according to the site plan in attachment H of the staff report. Prior to disturbing the site for the new impervious surface, the Applicant shall: a. Sign a site improvement agreement with the city to guarantee completion of the installation of the new fenced vehicle impound lot and stormwater infiltration basin. b. Receive approval by the City of a lot consolidation application to combine the properties at 5232 and 5240 Hanson Court North, using 5232 Hanson Court North as the address for the combined properties. 2. Screening. The Applicant shall remove the existing chain link fence and barbed wire, and replace it with an opaque fence of between 6 and 8.5 feet in height. The fence shall be located on the north, south, and east sides of the property. The gate(s) to impound lot may be made of chain-link, but shall incorporate slats as screening material. 6.3 3. Permit Deadline. The Applicant shall apply for a building permit for the new impervious surface within 12 months of receiving approval from the City Council of the conditional use permit. The Applicant may request a one-year extension of this deadline from the City Council of this expiration date if the request is made in writing no later than March 19, 2019. 4. Compliance. This conditional use permit is subject to the applicable requirements of the city code, and the applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 5. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this conditional use permit shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 6. Revocation. The violation of any terms or conditions of this conditional use permit including, but not limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances, may result in revocation of the conditional use permit. The applicant shall be given written notice of any violation and reasonable time, as determined by the City, to cure the violation before a revocation of the permit will occur. 7. Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the applicant, their successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership, until the conditional use permit is terminated or revoked as provided herein. The obligations of the applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the property. 8. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this conditional use permit shall automatically be deemed acceptance of, and agreement to, the terms and conditions of this conditional use permit without qualification, reservation, or exception. Adopted by the Crystal City Council this 17th day of April, 2018. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 6.3 EXHIBIT A Legal Description of the Property Lots 6 and 7, Block 1, both located in Hanson’s Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota; and 6.3 EXHIBIT B Planner’s Report (attached hereto) 6.3 6511 – 31ST AVENUE NORTH – SUBDIVISION APPLICATION PAGE 1 OF 4 _______________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for April 17 Meeting) DATE: April 12, 2018 RE: Consider adoption of a resolution approving a preliminary and final plat for the Myrtle Acres subdivision A.BACKGROUND Larry Emond, owner of properties involved in the Myrtle Acres subdivision, is proposing a preliminary plat application to replat three lots for new single-family homes on an approximately 47,917 SF (1.1 acre) parcel. The preliminary plat is located near the intersection of Florida and 31st Avenues North. All of the properties involved in this application are zoned Low Density Residential (R-1). Notice of the April 9 public hearing was published in the Sun Post on March 29 and mailed to owners within 500 feet (see attachment A). At the Planning Commission public hearing on April 9, one resident expressed concerns about the proposed subdivision, including the displacement of wildlife on the property and the possibility that the development could cause drainage problems on her property at 3024 Florida Avenue North (across the street from the development). The drainage concern was addressed by the city planner and the city engineer followed up the next day. Drainage in the area flows northward based on the topography of the area. With regards to the specific property of concern, water would not naturally flow onto it because of the crowning of the roadway guiding the water to gutters, then catch basins, and into pipes. After hearing public comment, the Commission voted unanimously to recommend approval to the City Council of the preliminary plat. Attachments: A.Site location map and public hearing notification area B.Existing zoning map C.Project narrative D.Photos of property E.Proposed preliminary plat (2 sheets) F.Final plat G.Resolution COUNCIL STAFF REPORT Myrtle Acres Subdivision 6.4 6511 – 31ST AVENUE NORTH – SUBDIVISION APPLICATION PAGE 2 OF 4 B. PROPOSED PROPERTY SUBDIVISION Existing and proposed use of properties The property has one single-family home, but is platted as two lots within the existing Sunnyview Hills subdivision. Lot 5 is 22,015 square feet in size, while lot 6 is 25,902 square feet. The new subdivision (plat) is called Myrtle Acres. The main reason for replatting is to create three lots from the existing two lots. The existing home will remain on one of the platted lots. The property owner consolidated the two lots into one property identification number (PIN) and one address for tax purposes. The current property address is 6511 – 31st Avenue North. If the subdivision is approved by the City Council, the properties would be re-addressed as 6501 (lot 3), 6505 (lot 2) and 6511 – 31st Avenue North (lot 1). Comprehensive Plan According to the Comprehensive Plan, the 2030 planned land use for these properties is designated as Low Density Residential (LDR), with a maximum gross density of 6 units per acre. The proposed single-family homes will have a gross density of three units per acre, which is consistent with this designation. Subdivision design features The following are the notable design features of this subdivision: 1. Zoning Requirements  Building setbacks – The required home setbacks are 30 feet for the front and rear property lines and five feet from the side property lines. For illustrative purposes, the applicant has provided home locations on the plat, but a home can be built elsewhere on the properties if it meets the required setbacks. No part of the homes, including eaves, may be located within a drainage and utility easement.  Lot size and area – The proposed lots meet the lot area, width, and depth requirements of the R-1 zoning district. The following are the proposed lots areas: Lot 1: 17,667 SF (existing home) Lot 2: 12,749 SF Lot 3: 17,501 SF 2. Street and Pedestrian Access  Street access – The three lots will be accessed off of an existing street - 31st Avenue North.  Pedestrian connections – There is not a sidewalk accessing these lots and none planned. 3. Utilities The proposed new homes will connect with existing water and sanitary sewer mains under 31st Avenue North. In proposed lot 3, there is a 24” wide storm sewer pipe located within an existing 10’ wide drainage and utility easement. The applicant has agreed to replace this easement with a 20’ wide e asement that will provide better city access for maintenance and future repair of the storm sewer pipe. The proposed new easement is shown on the preliminary plat. City staff will request that the City Council 6.4 6511 – 31ST AVENUE NORTH – SUBDIVISION APPLICATION PAGE 3 OF 4 vacate the existing 10’ wide easement at the time the final plat is approved and the new easement will be dedicated on the final plat. For utility service connections from the mains to the future homes, there is one existing water and sanitary sewer connection that serves proposed lots 2 and 3. Therefore at least one new water and sewer service will be needed. It’s possible the existing sewer service may also need to be lined or replaced. There are existing overhead utilities lines along the rear of the properties which will be located in a 10’ wide drainage and utility easement. If those lines are relocated or extended, then the lines and extensions must be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, and Comcast, will be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. Staff recommends that this be made a condition of approval of the preliminary plat. Grading, Drainage and Erosion Control – City staff and Bassett Creek Watershed Management Commission have reviewed this proposed subdivision and found it acceptable. Due to recent weather conditions, the applicant was not able to field- locate the stormwater manholes on the property. Since the locations of these manholes is important in providing storm drainage for the development, a condition of approval of the plat has been added to field-locate this infrastructure. The watershed requires that the applicant receive approval of an erosion and sediment control plan, which has been made a condition of approval of the plat. During home construction, the city will require erosion control techniques to be used on-site including silt fences, inlet protection, soil stabilization, and a gravel construction entrance. 4. Landscaping – Existing trees on the three lots are shown on the preliminary plat, with those noted for removal. Due to a variety of factors, including slopes on the property and the location of easements, some trees must be removed to allow for construction of homes and driveways. The city has tree protection standards that will be required at the time of issuance of the building permit for those trees that may be affected by the construction. 5. Park dedication – According to city code section 525.05, a park dedication fee of $1,000 is required per residential lot. Since the subdivision only creates one net new residential lot, the park dedication fee will be $1,000. C. FINAL PLAT In addition to preliminary plat approval for the Myrtle Acres subdivision, the applicant is also requesting final plat approval. According to city code section 510.11, Planning Commission review of the final plat is not required. The final plat is in conformance to the preliminary plat. D. REQUESTED ACTION At the April 9, 2018 Planning Commission meeting, the Commission unanimously recommended that the City Council approve the Preliminary Plat of the Myrtle Acres subdivision with the following conditions: 6.4 6511 – 31ST AVENUE NORTH – SUBDIVISION APPLICATION PAGE 4 OF 4 1. Overhead utilities. If the overhead utility lines on these properties are relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 2. Vacate easement. The existing 10’ wide drainage and utility easement in proposed lot 3 shall be vacated by the City Council at the time of final plat approval and a new 20’ wide easement dedicated to the city on the plat . 3. Release of final plat. Prior to the release by the city of the final plat document for recording at Hennepin County, the applicant shall: a. Pay a park dedication fee of $1,000. b. Submit a revised preliminary plat showing the field locations of the stormwater manholes on the property. 4. Watershed approval. Prior to the issuance of building permits, submit an erosion and sediment control plan to the Bassett Creek Watershed Management Commission for their review and approval. 5. Compliance. Development of the plat is subject to the applicable requirements of the Crystal City Code. The applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in developing the plat and is required to obtain such other permits and permissions as may be required. 6. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this plat approval shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 7. Binding Effect. The conditions placed on this preliminary approval are binding on the applicant, its successors and assigns, shall run with the property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the applicant under this approval shall also be the obligations of the current and any subsequent owners of the property. 8. Acceptance of Conditions. Utilization of the property for any of the uses allowed by this preliminary approval shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception. City Council motion to approve the proposed resolution (Attachment G) is requested. 6.4 Locate & Notify for Map 6511 31st Ave N. Subdivision Request 0 240 480120 ft Date: 3/21/2018 Buffer Size:500 feetMap Comments: This data (i) is furnished 'AS IS' with no representation as tocompleteness or accuracy; (ii) is furnished with no warranty of anykind; and (iii) is notsuitable for legal, engineering or surveyingpurposes. Hennepin County shall not be liable for any damage, injuryor loss resulting from this data. For more information, contact Hennepin County GIS Office300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us Attachment A 6.4 31ST H A M P S H I R E A V E G E O R G I A A V E 30TH AVE 29TH AVE E D G E W O O D A V E AV E31ST AVE 32ND AV E G E O R G I A A V E 6600 3000 2801 6511 6822 3008 3005 3015 6611 6619 6519 3111 6402 6 4 0 7 6 3 2 7 3011 3124 3021 6620 3124 6 4 2 0 6 4 1 6 3016 3208 3200 6 4 0 8 6600 6 4 1 5 3 1 4 1 3031 3041 3 1 5 7 2941 2949 2957 3117 3125 2949 6 6 0 7 3 1 5 7 3034 3 2 0 1 2917 3146 6518 6621 2901 3 0 2 4 3043 3035 3116 3 117 3 0 0 0 3019 31273126 31373136 29412940 6 3 2 4 6 3 1 6 3001 3042 3010 6500 3002 2 8 2 7 2957 2949 2956 2948 2909 31013102 3026 3018 3 0 3 4 31173116 3110 2917 6 5 1 6 3001 3125 3109 3126 3148 3149 3140 3141 3132 3133 3027 3009 3148 31483149 3140 3132 2932 31403141 2925 2916 3 1 0 1 3156 3157 2 8 2 6 3156 31563157 2926 2917 2916 2900 65 1 6 29012902 2909 2933 29412942 2949 2957 2950 2958 2908 2911 2934 2920 2952 2942 2922 6601 2941 2931 2921 29092908 3133 3132 6300 3109 2907 2944 2917 6300 2902 64 2 3 3156 2914 3201 2952 2942 2932 6400 2922 3115 2912 3200 3201 3206 3207 6 6 0 6 3157 6 6 0 0 3114 2912 3150 3151 3144 3145 3138 3139 3132 3133 3126 3127 3121 6418 65 2 4 2943 3120 2 9 0 8 6 3 1 4 2956 2950 2938 2902 3207 2937 3220 3215 32133212 3212 3213 32123214 3219 Su nnyview ® Base Zoning Districts R1 Low Density Residential R2 Mediun Density Residential R3 High D ensity Residential Commercial District Industrial District Airport District Water Bodies Overlay Districts Planned Development Overlay Floodplain Overlay City of Crystal Community Development Department 4141 Douglas Drive North, Crystal, MN 55422-1696 763-531-1142, www.crystalmn.gov Disclaim er: The Official Zoning Map is subject to change by action of the Crystal City Council. Any disagreement(s) or inconsistencies between this map and an ordinance adopted by the city council, the ordinance shall prevail. Official Zoning District Map, Crystal, Minnesota We the undersigned certify that this is the Official Zoning Map, adopted by Crystal City Council on MONTH DAY YEAR _____________ _____________________ Date Jim Adams, Mayor _____________ _____________________ Date Chrissy Serres, City Clerk Date: 3/21/2018 Site: 6511 31St Ave N. 0 100 200 300 40050 Feet Zoning Attachment B 6.4 Attachment C 6.4 Attachment D6.4 6.4 6.4 P R E L I M I N A R Y P L A T O F M Y R T L E A C R E S # 4 2 3 7 9 L I C E N S E N O . T h o m a s M . B l o o m D A T E : S H E E T 1 O F 2 S 1 F E B R U A R Y 2 8 , 2 0 1 8 F E B R U A R Y 1 2 , 2 0 1 8 M i n n e t o n k a , M i n n e s o t a 5 5 3 4 5 P h o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 1 7 9 1 7 H i g h w a y 7 W e b : w w w . a d v s u r . c o m F E B R U A R Y 2 8 , 2 0 1 8 LEGAL DESCRIPTION:Lots 5 and 6, Block 3, Sunnyview Hills, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our serv i c e s does not include determining what you own, which is a legal matter. Please check the legal description with yo u r records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters o f record, such as easements, that you wish to be included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of s u c h governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown befo r e proceeding with construction.5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have a l s o provided a benchmark for your use in determining elevations for construction on this site. The elevations shown rel a t e only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on t h e survey when determining other elevations for use on this site or before beginning construction.6. The trees shown on the survey have been identified by our client. This information was supplied to us and we did n o t verify this information. Also the client directed us to show trees the client decided were over 12" in diameter. Aga i n this information was not verified by us. There are many trees on the property but we were directed by our client t o show which trees our client deemed to be over 12" in diameter.7. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as y o u , your architect, or the builder are. Review our proposed location of the improvements and proposed yard gra d e s carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local cod e s and minimum requirements as the local building and zoning officials in this community are. Be sure to show t h i s survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obta i n their approvals before beginning construction or planning improvements to the property.8. This survey has been completed without the benefit of a current title commitment. There may be existing easem e n t s or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purp o r t to show any easements or encumbrances other than the ones shown hereon.9. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and o r stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"භ" Denotes iron survey marker, set, unless otherwise noted. 4 0 2 0 0 L E G E N D P R O P O S E D L O T 2 ( S P L I T L E V E L / L O O K O U T ) P R O P O S E D L O T 3 ( W A L K O U T ) A t t a c h m e n t E 6 . 4 PRELIMINARY PLAT O F M Y R T L E A C R E S # 4 2 3 7 9 L I C E N S E N O . T h o m a s M . B l o o m D A T E : S H E E T 2 O F 2 S 2 F E B R U A R Y 2 8 , 2 0 1 8 F E B R U A R Y 1 2 , 2 0 1 8 M i n n e t o n k a , M i n n e s o t a 5 5 3 4 5 P h o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 1 7 9 1 7 H i g h w a y 7 W e b : w w w . a d v s u r . c o m F E B R U A R Y 2 8 , 2 0 1 8 4 0 2 0 0 P R O P O S E D L E G A L D E S C R I P T I O N O F V A C A T E D 1 0 ' E A S E M E N T : A p e r m a n e n t e a s e m e n t 1 0 f e e t i n w i d t h , t h e c e n t e r l i n e o f w h i c h i s d e s c r i b e d a s f o l l o w s a n d l y i n g w i t h i n L o t 6 , B l o c k 3 , S u n n y v i e w H i l l s : C o m m e n c i n g a t a p o i n t i n t h e S o u t h w e s t e r l y l i n e o f L o t 7 , B l o c k 3 , S u n n y v i e w H i l l s , 1 5 f e e t S o u t h e a s t e r l y o f t h e W e s t c o r n e r o f s a i d L o t 7 ; t h e n c e N o r t h e a s t e r l y 1 0 0 f e e t t o a p o i n t 7 f e e t S o u t h e a s t e r l y , m e a s u r e d a t r i g h t a n g l e s , o f t h e N o r t h w e s t e r l y l i n e o f L o t 7 ; t h e n c e N o r t h e a s t e r l y t o a p o i n t i n t h e N o r t h e a s t e r l y l i n e o f L o t 6 , B l o c k 3 , S u n n y v i e w H i l l s , 5 7 f e e t N o r t h w e s t e r l y o f t h e E a s t c o r n e r o f s a i d L o t 6 , a s m e a s u r e d a l o n g s a i d N o r t h e a s t e r l y l i n e . P R O P O S E D L E G A L D E S C R I P T I O N O F N E W 2 0 ' S E W E R E S M N T : T h a t p a r t o f L o t 6 , B l o c k 3 , S u n n y v i e w H i l l s , H e n n e p i n C o u n t y , M i n n e s o t a , d e s c r i b e d a s f o l l o w s : 2 0 f e e t i n w i d t h , t h e c e n t e r l i n e o f w h i c h i s d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e W e s t c o r n e r o f L o t 7 , B l o c k 3 i n s a i d S u n n y v i e w H i l l s ; t h e n c e n o r t h e a s t e r l y 1 1 0 f e e t t o a p o i n t 9 f e e t s o u t h e a s t e r l y , m e a s u r e d a t r i g h t a n g l e s , o f t h e n o r t h w e s t e r l y l i n e o f s a i d L o t 7 ; t h e n c e n o r t h e a s t e r l y t o a p o i n t i n t h e n o r t h e a s t e r l y l i n e o f s a i d L o t 6 , 7 0 f e e t n o r t h w e s t e r l y o f t h e e a s t c o r n e r o f s a i d L o t 6 , a s m e a s u r e d a l o n g s a i d n o r t h e a s t e r l y l i n e , a n d t h e r e t e r m i n a t i n g . T h e s i d e l i n e s o f s a i d e a s e m e n t a r e t o b e p r o l o n g e d o r s h o r t e n e d t o t e r m i n a t e o n t h e n o r t h e a s t e r l y a n d s o u t h e a s t e r l y l i n e s o f s a i d L o t 6 . 6 . 4 A t t a c h m e n t F 6 . 4 Attachment G CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2018-________ RESOLUTION APPROVING MYRTLE ACRES PRELIMINARY AND FINAL PLAT WHEREAS, Larry Emond (“Applicant”) submitted an application to the City of Crystal (“City”) for preliminary and final approval of a plat, which is attached hereto as Exhibit A, for the property which is legally described in Exhibit B (“Property”); and WHEREAS, the plat is named Myrtle Acres and it creates parcels for three single-family homes; and WHEREAS, the Planning Commission held a public hearing regarding the preliminary plat request on April 9, 2018 and voted to forward the application to the City Council with a recommendation that the proposed plat be approved with certain conditions; and WHEREAS, the City Planner’s report dated April 12, 2018 regarding this matter, which is attached hereto as Exhibit C, is incorporated herein and made part of this preliminary and final plat approval, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the plat is in conformance with the requirements of the City’s Unified Development Code, which is contained in Chapter V of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby grants preliminary and final approval for the plat of Myrtle Acres, subject to compliance with all of the following conditions of approval: 1. Overhead utilities. If the overhead utility lines on these properties are relocated or extended, the lines shall be buried underground. New private utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be buried underground. Under no circumstances shall additional overhead utilities be installed, whether main lines, feeder lines or service lines to the new houses. 2. Vacate easement. The existing 10’ wide drainage and utility easement in proposed lot 3 shall be vacated by the City Council through a separate action and the Applicant shall dedicate a new 20’ wide easement to the city on the plat. 3. Release of final plat. Prior to the release by the city of the final plat document for recording at Hennepin County, the applicant shall: 6.4 a. Pay a park dedication fee of $1,000. b. Submit a revised preliminary plat showing the field locations of the stormwater manholes on the property. 4. Watershed approval. Prior to the issuance of building permits, submit an erosion and sediment control plan to the Bassett Creek Watershed Management Commission for its review and approval. 5. Compliance. Development of the plat is subject to the applicable requirements of the Crystal City Code. The Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in developing the plat and is required to obtain such other permits and permissions as may be required. 6. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of this plat approval shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 7. Binding Effect. The conditions placed on this preliminary and final plat approval are binding on the Applicant, its successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the Applicant under this approval shall also be the obligations of the current and any subsequent owners of the Property. 8. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this preliminary and final plat approval shall automatically be deemed acceptance of, and agreement to, the terms and conditions without qualification, reservation, or exception. Adopted by the Crystal City Council this 17th day of April, 2018. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 6.4 EXHIBIT A Final Plat (attached hereto) 6.4 EXHIBIT B Legal Description of the Property Lots 5 and 6, Block 3, Sunnyview Hills, all properties in Hennepin County, Minnesota. 6.4 EXHIBIT C Planner’s Report (attached hereto) 6.4 _______________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for April 17 City Council Meeting) DATE: April 12, 2018 RE: PUBLIC HEARING: Consider adoption of a resolution approving a vacation of a drainage and utility easement A.BACKGROUND The City Council is being asked to adopt a resolution in attachment A to vacate part of a city-owned drainage and utility easement within the Sunnyview Hills subdivision. The easement is located at 6511 – 31st Avenue North, the proposed location of two new single-family homes. Attachment: A.Resolution B.PROPOSED EASEMENT VACATION In 1971 the City received a 10’ wide drainage and utility easement from the property owners of 6511- 31st Avenue North and 3015 Florida Avenue North. The easement is the location for a 24” storm water pipe that runs through both adjacent properties. The property owner at 6511 – 31st is now requesting the approval of the Myrtle Acres subdivision (agenda item 6.4). As part of the approval of that subdivision, the applicant has agreed to provide a 20’ wide drainage and utility easement on the plat to replace the existing 10’ easement. The new easement will provide better access for maintenance and future repair of the storm sewer pipe. Notice of the April 17 public hearing was published in the Sun Post on April 5. The four utility companies, Comcast, CenterPoint Energy, Xcel Energy, and CenturyLink, were not notified of the vacation since a new wider easement is being dedicated to the city in the same location. C.REQUESTED ACTION City staff recommends that the part of the drainage and utility easement located at 6511 –31st Avenue North be vacated. City Council motion to approve the proposed resolution (Attachment A) is requested. COUNCIL STAFF REPORT Vacate Drainage and Utility Easement 6.5 1 520242v1 DTA CR205-30 Attachment A CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2018-_____ RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT ON LOTS 5 AND 6, BLOCK 3, SUNNYVIEW HILLS WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Larry Emond (the “Petitioner”) is fee owner of PID 20-118-21-41-0090, real property that is legally described as follows: Lots 5 and 6, Block 3, Sunnyview Hills, Hennepin County, Minnesota (the “Petitioner’s Parcel”); and WHEREAS, the City received a petition from the Petitioner requesting the vacation of a portion of a 10-foot-wide drainage and utility easement that is partially located on the Petitioner’s Parcel. The portion of easement that Petitioner is requesting be vacated is legally described and depicted on Exhibit A attached hereto (the “D&U Easement”); and WHEREAS, pursuant to the City’s subdivision regulations, the Petitioner is in the process of re-platting the Petitioner’s Parcel as “Myrtle Acres”; and WHEREAS, the Petitioner intends to dedicate certain drainage and utility easements to the City in the final plat of Myrtle Acres that will meet the City’s satisfaction; and WHEREAS, pursuant to Minn. Stat. § 412.851, the City scheduled a public hearing for April 17, 2018 to consider vacation of the D&U Easement; and WHEREAS, notice of the public hearing was posted, published in the City’s official newspaper, and mailed to any and all owners of affected properties, as required by state statute; and WHEREAS, on April 17, 2018, the City held the public hearing on the requested vacation during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to Minn. Stat. 462.358, subd. 7, to vacate easements dedicated to the public within a plat, including those for drainage and utility purposes; WHEREAS, following the public hearing, the City determined that, so long as the Petitioner dedicates drainage and utility easements in the final plat of Myrtle Acres that meet the 6.5 2 520242v1 DTA CR205-30 City’s satisfaction, there is no continuing public need for the D&U Easement and that vacating the D&U Easement, as requested, is in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1. The City hereby declares that the drainage and utility easement, legally described and depicted on Exhibit A attached hereto, is vacated; provided, however, that said vacation is conditioned on the Petitioner first dedicating public drainage and utility easements in the final plat of Myrtle Acres that meet the City’s satisfaction. 2. Upon the Petitioner’s adherence to the above-mentioned condition, the City Clerk is hereby authorized and directed to prepare and present to the Hennepin County Auditor a notice that the City has completed these vacation proceedings and record said notice with the Hennepin County Recorder. Adopted by the Crystal City Council this 17th day of April, 2018. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 6.5 A-1 520242v1 DTA CR205-30 EXHIBIT A Legal Description and Depiction of D&U Easement A permanent easement 10 feet in width, the centerline of which is described as follows and lying within Lot 6, Block 3, Sunnyview Hills: Commencing at a point in the Southwesterly line of Lot 7, Block 3, Sunnyview Hills, 15 feet Southeasterly of the West corner of said Lot 7; thence Northeasterly 100 feet to a point 7 feet Southeasterly, measured at right angles, of the Northwesterly line of Lot 7; thence Northeasterly to a point in the Northeasterly line of Lot 6, Block 3, Sunnyview Hills, 57 feet Northwesterly of the East corner of said Lot 6, as measured along said Northeasterly line. 6.5 Location of Easement to be Vacated 6.5 5612 ADAIR AVENUE NORTH – VARIANCE APPLICATION PAGE 1 OF 3 _______________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for April 17 Meeting) DATE: April 12, 2018 RE: Consider adoption of a resolution approving a variance request from Novak-Fleck for a new single-family home at 5612 Adair Avenue North A.BACKGROUND Novak-Fleck builders is proposing to purchase a vacant lot at 5612 Adair Avenue North from the City of Crystal’s Economic Development Authority (EDA) and construct a new single-family home on the property. Novak-Fleck is requesting a variance to construct the home 10 feet from the rear (north) property line rather than the 30 feet required by the city’s zoning regulations. The property is zoned Low Density Residential (R-1). Notice of the April 9 public hearing was published in the Sun Post on March 29 and mailed to owners within 500 feet (see attachment B). To date staff has not received any comments on this proposal. Attachments: A.Site location map B.Map showing public hearing notification area C.Existing zoning map D.Project narrative E.Site plan F.House plan G.Comparison to proposed home at 5618 Adair Avenue North H.Resolution B.VARIANCE The applicant is proposing to construct a 1,669 finished square foot home (988 square feet on the main level and 681 square feet on the lower level), which would be accessed by a driveway from Adair Avenue. The home is proposed to be located 10 feet from the rear (north) property line rather than the 30 feet required by city code. For this corner lot the north side of the COUNCIL STAFF REPORT Variance for 5612 Adair Avenue North 6.6 5612 ADAIR AVENUE NORTH – VARIANCE APPLICATION PAGE 2 OF 3 property is defined as the rear yard and the home will face Adair Avenue on the west side of the property. Because it is a shallow lot, there will not be much open space east of the home. Therefore the applicant is proposing to locate the home closer to the north property line to allow for a larger open space on the south side of the home. The required building setback along Adair Avenue is 20 feet from the property line, but the applicant is locating the home at 30 feet from the property line so that the new home will be about the same distance from the street as another proposed home at 5618 Adair Avenue (see attachment G). The following are the relevant approval criteria for this variance as outlined in city code section 510.33, followed by staff response: a) Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the terms of the variances are consistent with the comprehensive plan. Response: The intent of the city’s zoning ordinance is to provide for regulations to promote orderly development that allows for adequate access to light, air, and convenient access to property. The approval of a home that is closer to the north property line will not impede access to adequate light or air for adjacent properties or for the applicant’s proposed home. Access to the home off of Adair Avenue will also not be impeded. If the variance is approved, the home will be in conformance with the Comprehensive Plan’s Low Density Residential future land use designation. b) Variances shall only be permitted when the City Council finds that strict enforcement of specific provisions of this section would create practical difficulties due to circumstances unique to a particular property under consideration. Practical difficulties, as used in connection with the granting of a variance, means that the property owner: 1) proposes to use the property in a reasonable manner not permitted by an official control; and 2) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and 3) the variance, if granted, will not alter the essential character of the locality. Response: The use of this parcel for a single-family home is a reasonable use permitted by the city’s zoning regulations. The lot was originally platted to face 56th Avenue, but this no longer makes sense due to increases in traffic and road width. More open space will be provided on the south side of the home by locating the home closer to the north property line. The unusual lot configuration is a unique situation not created by the applicant. The essential character of this area will not change if the variance is approved:  The new home will be about the same distance from the street as the proposed home at 5618 Adair Avenue (attachment G). 6.6 5612 ADAIR AVENUE NORTH – VARIANCE APPLICATION PAGE 3 OF 3  Even with the variance, the new home will be about 28 feet from the proposed home at 5618 Adair – this is equal to or greater than the typical separation between homes in Crystal. c) Economic considerations alone do not constitute practical difficulties. Response: The builder has indicated they could build and sell this home without the variance, but it would have less usable yard unless the variance is approved. Therefore economic considerations alone are not the sole reason for requesting this variance. C. REQUESTED ACTION At the April 9, 2018 Planning Commission meeting, the Commission recommended by a vote of eight to one that the City Council approve the variance to allow a new single- family home at 5612 Adair Avenue North that is located 10 feet from the rear (north) property line rather than the required 30 feet. City Council motion to approve the proposed resolution (Attachment H) is requested. 6.6 Attachment A6.6                                                                                                                                                                                                                                                                                         : :: :: $:: :::       AƩ achment B6.6 L A K E L A N D A V E N ZANE PL (BASS LAKE RD) B R U N S WI C K A V E A DA I R A V E Z A N E A V E Y A T E S A V E 57TH AVE A D A I R LAKELAND 56TH AVE Y A T E S A V E N C O U N T Y R O A D 8 1 56 1 2 5500 54 5450 5630 570 0 6000 5810 5501 5521 6 0 1 7 6 0 0 1 5624 5465 5 8 0 9 5 8 1 7 5 8 0 1 5 8 0 2 5 9 0 1 5701 5700 5 5 5 1 5709 5708 5657 5656 5515 5527 5521 5533 5539 5625 56335632 56415640 56495648 5717 5716 55475546 5613 5559 55535554 5562 5725 5624 5900 56575656 5619 5624 5625 5630 5631 5636 5637 5642 5643 5648 5649 56435642 5 5 3 0 5 7 2 4 5629 56355636 5630 56495648 56575656 57035702 57095708 57155714 5702 5703 5708 5709 5714 5715 5 5 3 1 5565 5557 5618 57215720 5611 57215720 5617 5625 5716 5509 5 7 1 6 5 5 1 6 5 5 4 8 5 5 5 4 5 5 6 0 5 5 6 1 5 5 6 6 5 7 1 9 5 5 2 0 5 5 2 6 5 5 3 2 5 5 3 8 5 6 3 0 5 6 1 8 5 6 2 4 5 6 3 6 5 6 4 2 5 6 4 8 5 6 5 6 5 7 0 2 5 7 0 8 5 7 1 4 5612 5720 ® Base Zoning Districts R1 Low Density Residential R2 Mediun Density Residential R3 High D ensity Residential Commercial District Industrial District Airport District Water Bodies Overlay Districts Planned Development Overlay Floodplain Overlay roadnet utm crystal City of Crystal Community Development Department 4141 Douglas Drive North, Crystal, MN 55422-1696 763-531-1142, www.crystalmn.gov Disclaim er: The Official Zoning Map is subject to change by action of the Crystal City Council. Any disagreement(s) or inconsistencies between this map and an ordinance adopted by the city council, the ordinance shall prevail. Official Zoning District Map, Crystal, Minnesota We the undersigned certify that this is the Official Zoning Map, adopted by Crystal City Council on MONTH DAY YEAR _____________ _____________________ Date Jim Adams, Mayor _____________ _____________________ Date Chrissy Serres, City Clerk Date: 3/27/2018 Site: 5612 Adair Ave. N. 0 10 0 200 300 40050 Feet Zoning Attachment C6.6 Attachment D6.6 Attachment E6.6 Attachment F6.6 6.6 6.6 6.6 6.6 Attachment H CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2018-________ RESOLUTION APPROVING A VARIANCE FOR 5612 ADAIR AVENUE NORTH WHEREAS, Novak-Fleck (“Applicant”) submitted an application to the City of Crystal (“City”) for approval of a variance at 5612 Adair Avenue North, which is legally described in Exhibit A (“Property”); and WHEREAS, the variance is to allow a new single-family home that is 10 feet to the rear (north) property line rather than the 30 feet required by the City’s Unified Development Code, which is contained in Chapter V of the Crystal City Code; and WHEREAS, the Planning Commission held a public hearing regarding the variance request on April 9, 2018 and voted to forward the application to the City Council with a recommendation that the requested variance be approved; and WHEREAS, the City Planner’s report dated April 12, 2018 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this variance approval except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the Applicant has sufficiently demonstrated that practical difficulties exist under the present circumstances to support the issuance of the requested variance under the applicable rules and regulations of the Crystal City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based on the record of this matter and the findings and determinations contained herein, hereby approves the variance to allow construction of a single-family home located up to 10 feet from the rear (north) property line at 5612 Adair Avenue North, subject to compliance with all of the following conditions of approval: 1. Compliance. The variance is subject to the applicable requirements of the Crystal City Code. The Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances and is required to obtain such other permits and permissions as may be required. 2. No Waiver. Failure by the City to take action with respect to any violation of any condition, covenant or term of the variance shall not be deemed to be a waiver of such condition, covenant, or term or any subsequent violation of the same or any other condition, covenant, or term. 6.6 3. Binding Effect. This variance, and the conditions placed on its approval, are binding on the Applicant, the Applicant’s successors and assigns, shall run with the Property, and shall not in any way be affected by the subsequent sale, lease, or other change from current ownership. The obligations of the Applicant under this approval shall also be the obligations of the current and any subsequent owners of the Property. 4. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this variance shall automatically be deemed acceptance of, and agreement to, its terms and conditions without qualification, reservation, or exception. Adopted by the Crystal City Council this 17th day of April, 2018. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 6.6 EXHIBIT A Legal Description of the Property Lot 2, Block 1, Crystal Economic Development Authority Eighth Addition, Hennepin County, Minnesota 6.6 EXHIBIT B Planner’s Report (attached hereto) 6.6 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 1 OF 5 ______________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for April 17 Meeting) DATE: April 12, 2018 RE: Consider first reading of an ordinance revising chapters 5 (unified development code) and 7 (sewer system) of the city code A.BACKGROUND Staff is proposing miscellaneous amendments to the city’s Unified Development Code (UDC), which are the land use regulations in chapter 5 of the city code. A smaller amendment is proposed in chapter 7 relating to accessory dwelling units (ADU). Some of the amendments were requested by the City Council, while others are to correct or clarify existing requirements. Notice of the April 9 public hearing was published in the Sun Post on March 29. At the Planning Commission public hearing on April 9, one resident expressed concern that police and emergency services may not be able to access a detached ADU to provide medical or other assistance to a vulnerable person. Staff spoke to the West Metro Fire Rescue District (WMFRD) and police department after the meeting. Both believed that a detached ADU does not have more challenges in providing access than on a property with a single-family home. A sidewalk could be required to provide access from the driveway to the detached unit, but there is no guarantee that the sidewalk would be clear of snow or other obstacles if an emergency were to present itself. After hearing public comment, the Commission voted unanimously to recommend approval to the City Council of the proposed amendments to chapter 5, with the following two additional recommendations: 1.Accessory dwelling units. The Commission recommends keeping the requirement that the property owner reside on the property. This recommendation is based on the rationale that having the owner live on the property helps to reduce potential negative impacts on the surrounding area . 2.Expansion of vehicle sales and lease area. The Commission recommends not allowing the expansion of vehicle sales and leasing along West Broadway north of COUNCIL STAFF REPORT City Code Amendments – Chapters 5 and 7 6.7 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 2 OF 5 Bass Lake Road. Allowing sales and leasing to expand into this area would negatively impact adjacent neighborhoods and be contrary to the city’s ef forts to improve the Bass Lake Road area. They also noted available property in the area between Bass Lake Road and Corvallis Avenue where vehicle sales and leasing are allowed. Attachments: A. Proposed amendments to chapters 5 and 7 B. Existing and proposed areas for vehicle sales and leasing B. PROPOSED AMENDMENTS The following are the notable proposed amendments to city code. 1. Accessory dwelling units At its meeting on March 8, 2018, the City Council directed staff to amend the city’s current accessory dwelling unit (ADU) requirements. The following are the proposed ADU amendments:  Definitions: o Clarified the definition of allowable ADUs to include those that are within or attached to the single-family home, or are constructed as a freestanding detached structure (“tiny house”) o Clarified the difference between an ADU and a two-family dwelling  Use-specific standards: o For all ADUs:  Removed the requirement that the property owner live on the property. Note: The Planning Commission unanimously recommended against allowing ADUs when the property owner does not live on the property.  May connect to the existing water and sewer service for the principal dwelling as an alternative to connecting to the mains under the street.  Limited to 50% of the finished floor area of the principal dwelling to ensure that they remain accessory and subordinate to the home.  The installation of a cleanout would be required for ADUs in chapter 7 of the city code. The function of a cleanout is to allow for inspection a nd cleaning of the sanitary sewer service line without needing to enter the served building. o For detached ADUs:  Removed the requirement that detached ADUs be constructed as part of a detached garage. This would allow “tiny houses” that are separate from a detached garage or other accessory buildings on the property.  City Council might consider requiring a sidewalk connection from the driveway to the detached ADU to provide access for police and emergency services. 6.7 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 3 OF 5 2. Day Care Facilities: The amendments clarify the difference between a day care facility for adults and those for children, and allows adult day care facilities to be a conditional use in the residential and industrial districts. 3. Land Use Applications The city attorney has added some clarifying language to two land use application types: adjacent parcel land conveyances and lot consolidations. 4. Single family Dwellings In Table 3 (Permitted Principal Uses), detached single-family dwellings were incorrectly shown as allowed in the R-3 zoning district. This amendment corrects that error. 5. Vehicles, boat, or recreational sales or lease The city has received a request from U-Haul to allow vehicles sales or lease at 5717 West Broadway Avenue (former site of Thriftway grocery store). Currently these sales are allowed as a permitted use in the Commercial District, but not north of 56th Avenue (Bass Lake Road). U-Haul is also requesting that the maximum vehicle or boat length be amended to allow vehicles or boats up to 35 feet, rather than 32 feet. The requested amendment is shown as new language in the use-specific standards for that use and allows this sales of lease use up to 58th Avenue North. This amendment would allow sales or lease of vehicles, boats, or recreational vehicles on these additional properties (attachment B): o 6800 - 56th Avenue (Walgreens) o 5600 West Broadway (retail and restaurant uses at Town Center shopping center) o 5629 West Broadway (Arby’s restaurant) o 5640 West Broadway (retail, clinic and restaurant uses) o 5701 West Broadway (ASI auto service) o 5702 West Broadway (vacant, former Herzing University) o 5707 West Broadway (Plymouth Masonic Lodge, barber shop, drapery shop) o 5717 West Broadway (vacant, former Thriftway grocery store) o 5747 West Broadway (office building) o 5751 West Broadway (parking lot) This amendment is purely a policy question: Do you want to allow vehicle sales and leasing on West Broadway north of Bass Lake Road? Note: The Planning Commission unanimously recommended against allowing vehicle sales and leasing along West Broadway north of Bass Lake Road. 6.7 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 4 OF 5 6. Setbacks for schools This amendment corrects an error in requiring a double setback for schools in the commercial or industrial districts. The former zoning code exempted schools in those districts from providing that additional setback area. 7. Construction dumpsters This amendment corrects an error in the UDC as time limits for construction dumpsters are already found in chapter 6 of the city code. 8. Nonconforming signs This amendment refers to a specifically defined term in the UDC – abandoned signs – to clarify this sign removal requirement. 9. Lot width At its meeting on February 5, 2018, the City Council directed staff to amend the city’s current lot width requirements for single and two-family homes. The following are the amendments: o Minimum lot width for single-family homes: Change the minimum width from 60’ to 50’. This would provide the opportunity for the market to respond to changing consumer demand including a market trend away from large yards. o Minimum lot width for two-family homes: Change the minimum width from 100’ to 80’. This would provide marginally more opportunities for duplexes in the R-1 district while ensuring that single family homes continue to dominate the housing stock in the R-1 district. 10. Landscaping Staff has amended the requirements for the minimum landscaping to make them easier to understand and also clarified the requirements for when a 12” tree could be removed during development of a property. 11. Screening Staff has added some clarifying language to the city’s screening requirements . 12. Parking This amendment aligns the requirements for parking lot setbacks with the requirements for parking lot landscaped areas. Staff also added a requirement for a driveway permit, which was required in the former zoning code. 6.7 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 5 OF 5 13. Stormwater management City staff has worked with the two watershed districts in Crystal - the Bassett Creek and Shingle Creek Watershed Management Commissions - to incorporate their recommended amendments to the city’s stormwater requirements. 14. Signs This amendment allows smaller signs to be placed in the city’s right-of-way, under certain conditions. The amendment also clarifies requirements for temporary signs for multi-tenant commercial buildings. C. REQUESTED ACTION At the April 9, 2018 Planning Commission meeting the Commission unanimously recommended approval to the City Council of the proposed text amendments to city code chapter 5 (Unified Development Code), with the following two exceptions: 1. Accessory dwelling units. The Commission recommends keeping the requirement that the property owner reside on the property. This recommendation is based on the rationale that having the owner live on the property helps to reduce potential negative impacts on the surrounding area. 2. Expansion of vehicle sales and lease area. The Commission recommends not allowing the expansion of vehicle sales and leasing along West Broadway north of Bass Lake Road. Allowing sales and leasing to expand into this area would negatively impact adjacent neighborhoods and be contrary to the city’s efforts to improve the Bass Lake Road area. They also noted available property in the area between Bass Lake Road and Corvallis Avenue where vehicle sales and leasing are allowed. City Council first reading of the ordinance in attachment A is requested. The motion should specifically address whether it is for the ordinance as drafted or with the changes recommended by the Planning Commission as noted above. The proposed schedule for adopting a new ordinance is as follows: May 1 Council considers second reading and adoption May 10 Summary of ordinance published June 9 Effective date of ordinance 6.7 1 520668v3 AMB CR225-423 CITY OF CRYSTAL ORDINANCE #2018-____ AN ORDINANCE AMENDING CHAPTERS V AND VII OF THE CRYSTAL CITY CODE RELATED TO THE UNIFORM DEVELOPMENT CODE AND PUBLIC UTILITIES The City of Crystal ordains: ARTICLE I. Chapter V, Section 505 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one-family detached dwelling to which it is accessory to and subordinate in size. An accessory dwelling unit may be within or attached to the one-family dwelling, or in a detached accessory building on the same lot separate, complete housekeeping unit, with a separate entrance, kitchen, sleeping area, and bathroom facilities that is located as part of a detached garage. 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 in excess of three quarter (3/4) ton capacity. Subd. 37. Curb cut. “Curb cut” has the meaning given it in Crystal city code, subsection 800.03 chapter 8. Subd. 38. Day care facilities, Adult. “Day care facilities, Adult” means a facility providing for children, the elderly, or functionally-impaired adults in a protective setting for a portion of the day. For day care facilities for children, see “Day care facilities, in -home”, and “Day care, group family facilities” and “Schools, nursery or preschool”. Subd. 44. Driveway. “Driveway” has the meaning given it in the Crystal city code, subsection 800.03 chapter 8. Subd. 45. Driveway approach. “Driveway approach” has the meaning given it in the Crystal city code, subsection 800.03 chapter 8. Subd. 51. Dwelling, two-family. “Dwelling, two-family” means a building designed exclusively for occupancy by two families living independently of each other, neither of which is an accessory dwelling unit, and which is typically referred to as a double bungalow or duplex, where the entire building is located on a single lot. Subd. 131. Regulatory flood protection elevation (RFPE). “Regulatory flood protection elevation” or “RFPE” means an elevation not less than one two 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. 6.7 2 520668v3 AMB CR225-423 Subd. 140. Schools, nursery or preschool. “Schools, nursery or preschool” means a school or facility 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. ARTICLE II. Chapter V, Subsection 510.17, Subdivision 2, Paragraph (e)(3) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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, or other form of security acceptable to the city, 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. ARTICLE III. Chapter V, Subsection 510.19, Subdivision 7, Paragraph (d) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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, or other form of security acceptable to the city, 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. ARTICLE IV. Chapter V, Subsection 510.21 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 510.21. Adjacent parcel land conveyance. 6.7 3 520668v3 AMB CR225-423 Subd. 1. Purpose. The purpose of the procedure is to allow for the adjustment of lot lines which are the result of a 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. Any such adjustments which are approved pursuant to this section shall be exempt from both the lot consolidation provisions of the Crystal city code, subsection 510.23 and the provisions applicable to subdivisions in the Crystal city code, subsection 510.25. Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a lot is conveyed to an adjacent lot resulting in an adjustment to the lot line. 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. Subd 5. Deed consolidation. Upon approval of any adjacent parcel land conveyance pursuant to the terms of this subsection, the applicant shall record with the County Recorder or Registrar of Titles an updated deed which combines the legal descriptions for the original lot and that part of the adjacent parcel which has been conveyed to the applicant pursuant to this subsection. The applicant shall provide the city with evidence of the recording of such instrument within 30 days of approval of such application hereunder. ARTICLE V. Chapter V, Subsection 510.23, Subdivision 3, Paragraph (c) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (c) Unless prior or concurrent approval of a variance is granted, any such consolidation shall result in lots that, to the greatest extent possible, meet the dimensional requirements for the zoning district in which the property is located, or and shall not further increase the nonconformity of any lot dimension or structure; and ARTICLE VI. Chapter V, Subsection 515.09, Subdivision 3, Paragraph (c) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 6.7 4 520668v3 AMB CR225-423 attachments to the map as being located within the boundaries of the Flood Districts. Additionally, this Floodplain overlay subsection shall also apply to all lands which are shown on the Bassett Creek Watershed Management Organization’s Trunk System Map. ARTICLE VII. Chapter V, Subsection 515.09, Subdivision 6, Paragraph (b)(1) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (1) All buildings, including accessory buildings, must be elevated on fill so that the lowest floor, as defined, is at least one foot 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. ARTICLE VIII. Chapter V, Subsection 515.19, Subdivision 4 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (d) Day care facilities, Adult. Picking up and dropping off of children clients shall not create unsafe conditions. Loading and unloading of children clients from vehicles shall only be allowed in the driveway or in an approved parking area. **** (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 58th 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 35 feet in length. 6.7 5 520668v3 AMB CR225-423 ARTICLE IX. Chapter V, Subsection 515.19, Subdivision 7, Paragraph of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (c) Religious institutions. Religious institutions 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. (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, 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. (e) Schools, nursery or preschool. Nursery Schools schools, nurseries, and preschools 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. ARTICLE X. Chapter V, Subsection 515.23, Subdivision 3 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 3. Accessory structures. (a) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) The following requirements are for all forms of accessory dwelling units (within or attached to the principal dwelling, or in a detached accessory building): (i) No more than one accessory dwelling unit shall be allowed on a property containing a one-family detached dwelling; (ii) The creation of the dwelling unit shall not create a separate property identification number with the county; 6.7 6 520668v3 AMB CR225-423 (iii) The floor area of an accessory dwelling unit shall not exceed 50 percent of the finished floor area of the one-family detached dwelling. (iv) The dwelling unit 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. (v) The dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The dwelling unit shall adhere to the curb cut and driveway requirements for one-family attached dwellings in the Crystal city code, chapter 8, and the driveway requirements in the Crystal city code, subsection 520.15. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) 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; The dwelling unit shall be separated from the principal building by a minimum of ten feet; (ii) The dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; and (iii) The dwelling unit shall be located on a frost-protected foundation. ARTICLE XI. Chapter V, Subsection 515.27, Subdivision 6 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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 chapter 8; and (b) If the container is located on private property, the container shall be placed on a paved surface. ARTICLE XII. Chapter V, Subsection 515.29, Subdivision 4 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 6.7 7 520668v3 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 Abandoned signs 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. ARTICLE XIII. Chapter V, Subsection 515.17, Table 3: Permitted Principal Uses is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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 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) 6.7 8 520668v3 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 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, Adult - C - C - C P - P - 515.19, subdivision 4 (d) 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) 6.7 9 520668v3 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 Vehicle, Boat or Recreational Sales or Rental - - - P P - 515.19, subdivision 4 (k) ARTICLE XIV. Chapter V, Subsection 515.25, Table 5 is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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 more than three consecutive months in any 12-month period No [1] See city code, section 605 515.27, subdivision 2; 605 ARTICLE XV. Chapter V, Subsection 520.03, Table 7 is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Minimum Lot Width 6.7 10 520668v3 AMB CR225-423 One-family Detached Dwelling 60 50 feet 60 50 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 80 feet 100 80 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 ARTICLE XVI. Chapter V, Subsection 520.03, Table 8 is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Minimum Structure Setbacks Accessory dwelling units, detached 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 [2] 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 units, detached 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 Not Applicable 6.7 11 520668v3 AMB CR225-423 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, accessory dwelling unit, 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, accessory dwelling unit, 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. ARTICLE XVII. Chapter V, Subsection 520.11, Subdivision 4, Paragraphs (a)(3) and (a)(5)(i) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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. (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height, which is measured at four and one-half feet above the ground, (“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; ARTICLE XVIII. Chapter V, Subsection 520.11, Subdivision 4, Paragraph (b) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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. 6.7 12 520668v3 AMB CR225-423 (2) One and two family dwellings. For one and two family dwellings constructed after the effective date of this UDC, one overstory deciduous tree shall be planted in the front yard. An existing healthy and well-formed tree may be credited towards this requirement provided that the tree is protected before and during development of the site according to the requirements of this section. The tree to be credited shall be on the city’s list of approved trees as established in subdivision 4 of this subsection. 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) Uses other than one and two family dwellings. For a nonresidential, institutional, or multi-family residential principal building constructed after the effective date of this UDC, the following are the minimum landscaping requirements. Parking lots, which have specific requirements in this section, are exempt from these requirements. Not less than one shrub for each 100 square feet of the site, with the following exceptions: (i) One and two family dwellings One overstory deciduous tree shall be planted for every 30 feet of lot frontage; and (ii) Parking lots, which have specific requirements in this Section Shrubs shall be planted along building foundations that are visible from the public street. ARTICLE XIX. Chapter V, Subsection 520.11, Subdivision 4, Paragraph (c)(3)(i) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 chapter 8. ARTICLE XX. Chapter V, Subsection 520.11, Subdivision 5 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 5. Tree preservation and replacement requirements. 6.7 13 520668v3 AMB CR225-423 (a) Tree inventory required. As part of a submittal application for site plan review, conditional use permit, or a subdivision, the applicant shall submit a tree inventory, unless the applicant can demonstrate that there are no existing trees with a DBH of 12 inches or more on the property. 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. To the maximum extent possible, the city desires to retain healthy larger trees as part of its urban forest. To achieve that objective, 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 or proposed structure, underground utility, or to the public health, safety, or welfare; (3) Trees that are not on the city’s list of approved tree species may be prohibited by the city as established in subdivision 4 of this subsection, or tree species that may be prohibited by the city; (4) Trees located on publicly owned land, or within public rights-of-way, or within easements 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 to the lot or an obstacle to locating the proposed principal building or use and no viable alternative exists for relocating such access, building or use. (c) Tree replacement requirements. (1) If a tree with a DBH of 12 inches or more is eligible for removed removal according to the requirements of subd. 2, above this subsection, 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. 6.7 14 520668v3 AMB CR225-423 ARTICLE XXI. Chapter V, Subsection 520.11, Subdivision 6, Paragraph (b)(1) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 with a width no less than the minimum required setback area between the street right-of-way and any parking area (see Figure 14); ARTICLE XXII. Chapter V, Subsection 520.11, Subdivision 6, Paragraph (c) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 with a width no less than the minimum required setback area at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. ARTICLE XXIII. Chapter V, Subsection 520.11, Subdivision 6, Paragraph (d)(1) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (1) A ten foot landscaped buffer with a width no less than the minimum setback area shall be provided between the parking lot and the property line of the residential use; ARTICLE XXIV. Chapter V, Subsection 520.13, Subdivision 3 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 3. Types of screening. Unless otherwise stated, Screening screening may consist of vegetation, fences, walls, berms, or other visual barriers. ARTICLE XXV. Chapter V, Subsection 520.13, Subdivision 4, Paragraph (a) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (a) Waste receptacles. Except for one and two family dwellings, Ooutdoor waste receptacles, including dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, or masonry walls, or other material compatible with the principal building 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. 6.7 15 520668v3 AMB CR225-423 ARTICLE XXVI. Chapter V, Subsection 520.13, Subdivision 4, Paragraph (c) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (c) Roof-mounted mechanical equipment. Except for one and two family dwellings, Rroof- 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). Solar energy systems are exempt from this requirement if screening would reasonably interfere with system operations. ARTICLE XXVII. Chapter V, Subsection 520.13, Subdivision 4, Paragraph (d) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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. Commercial truck storage or parking and vehicle impound lots shall utilize an opaque fence of not less than six feet in height. ARTICLE XXVIII. Chapter V, Subsection 520.13, Subdivision 5, Paragraph (d) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (a) A screening fence or wall shall be constructed of masonry, brick or wood an opaque material. Such screening shall provide a solid screening effect and not exceed the height limitations in 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). 6.7 16 520668v3 AMB CR225-423 ARTICLE XXIX. Chapter V, Subsection 520.13, Subdivision 6 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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. ARTICLE XXX. Chapter V, Subsection 520.13, Subdivision 7 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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; or (c) The required screening may obstruct views of traffic or reduce natural surveillance of the site. ARTICLE XXXI. Chapter V, Subsection 520.15, Subdivision 11, Paragraph (a) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 chapter 8. ARTICLE XXXII. Chapter V, Subsection 520.15, Subdivision 11, Paragraph (a)(3) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (3) To ensure proper location and configuration, a permit is required from the city manager or designee for work on driveways. For driveway plans that involve changes to an existing curb cut or construction of a new curb cut within the public right-of-way, a curb cut permit application shall be approved in accordance with the Crystal city code, chapter 8. 6.7 17 520668v3 AMB CR225-423 ARTICLE XXXIII. Chapter V, Subsection 520.15, Subdivision 11, Paragraph (k) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (k) Deviation from standards requires a detailed study. No proposed parking layout which deviates from the standards identified in subdivision 11 of this subsection 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 subsection. This alternative plan is subject to the approval of the city engineer. ARTICLE XXXIV. Chapter V, Subsection 520.17, Subdivision 4 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 4. Storm water management plan. When a subdivision, or lot consolidation, site plan, or conditional use permit 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. ARTICLE XXXV. Chapter V, Subsection 520.17, Subdivision 5, Paragraph (g) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (g) Priority streams buffer. For any project which involves more than 200 cubic yards of cut or fill, or more than 10,000 square feet of land disturbance, the storm water management plan shall include a buffer adjacent to all priority streams of not less than ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing structure, whichever is less, pursuant to the Policies of the Bassett Creek Watershed Management Commission. ARTICLE XXXVI. Chapter V, Subsection 520.17, Subdivision 6, Paragraph (a) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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. All volume management activities taken hereunder 6.7 18 520668v3 AMB CR225-423 shall be in accordance with the Shingle Creek Watershed Management Commission requirements. ARTICLE XXXVII. Chapter V, Subsection 520.17, Subdivision 6, Paragraph (c) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (c) Best management practices. (1) The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: (1)(i) Natural infiltration of precipitation on-site; (2)(ii) Flow attenuation by use of open vegetated swales and natural depressions; (iii)Storm water retention facilities; and (iv) Storm water detention facilities. (2) The following resources may be used to evaluate the use of, and design for, these storm water management practices: (3)(i) Minnesota Stormwater Manual; (4)(ii) Minimal Impact Design Standards Calculator and Design Sequence Flowchart; (5)(iii) Minnesota Department of Health and Minnesota Pollution Control Agency document called “Evaluating Proposed Stormwater Infiltration Projects in Drinking Water Supply Management Areas”; and (6)(iv) National Pollutant Discharge Elimination System Construction Stormwater General Permit;. (7) Storm water retention facilities; and (8) Storm water detention facilities. ARTICLE XXXVIII. Chapter V, Subsection 520.17, Subdivision 8, Paragraph (b) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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. For projects containing more than one acre of 6.7 19 520668v3 AMB CR225-423 new or redeveloped impervious area, the average minimum buffer widths are as follows: (1) An average of 75 feet and a minimum of 50 feet from the edge of wetlands classified as Preserve; (2) An average of 50 feet and a minimum of 30 feet from the edge of wetlands classified as Manage 1; and (3) An average of 25 feet and a minimum of 15 feet from the edge of wetlands classified as Manage 2 or 3. The allowable land uses and vegetative criteria for buffers are those specified in the Bassett Creek Watershed Management Commission’s Requirements for Development and Redevelopment. ARTICLE XXXIX. Chapter V, Subsection 520.17, Subdivision 8, Paragraph (d) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (d) For all wetlands classified as Preserve or Manage 1, the standards for bounce, inundation, and runout control as implemented in the Policies of the Bassett Creek Watershed Management Commission shall apply. ARTICLE XL. Chapter V, Subsection 520.17, Subdivision 12 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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 benefitted property owners shall be responsible for maintaining the storm water management facilities in accordance with the plan and as may otherwise be needed to ensure it continues to function as designed. 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. ARTICLE XLI. Chapter V, Subsection 520.17, Subdivision 16 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 16. Bassett Creek Watershed Management Commission (“BCWMC”) Standards. Any proposed project within the city and within the Bassett Creek watershed which meets or 6.7 20 520668v3 AMB CR225-423 exceeds the BCWMC’s triggers for review, as defined in the BCWMC’s “Requirements for Improvements and Development Proposals” (2017, and as amended), shall be subject to review by the BCWMC pursuant to its Policies and regulations, including a determination of the proposed project’s compliance with such Policies and regulations. ARTICLE XLII. Chapter V, Subsection 525.05, Subdivision 10, Paragraph (a) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (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 chapter 8. ARTICLE XLIII. Chapter V, Subsection 530.03, Subdivision 3, Paragraph (d) of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: (d) Signs placed in the public right-of-way other than governmental signs and courtesy bench signs allowed within an obstruction permit as regulated by chapter VIII the following: (i) Governmental signs; (ii) Courtesy bench signs allowed with an obstruction permit as regulated by the Crystal city code, chapter 8; (iii) Signs placed in public right-of-way that are maintained by the owner or occupant of residential property abutting said right-of-way. Each sign is limited to 30 inches in height and six square feet in area, and the cumulative area of all signs is limited to 0.5 square feet of sign area per lineal foot of frontage on the right-of-way; ARTICLE XLIV. Chapter V, Subsection 530.11, Subdivision 7 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 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, or if applicable each tenant in a multi-tenant building, 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. ARTICLE XLV. Chapter VII, Subsection 705.01, Subdivision 20 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: 6.7 21 520668v3 AMB CR225-423 Subd. 20. “Cleanout” means the location where the sanitary sewer service line to a property can be accessed from outside the served building via pipe that extends from the service line to ground level. The function of a cleanout is to allow for inspection and cleaning of the sanitary sewer service line without needing to enter the served building. ARTICLE XLVI. Chapter VII, Subsection 705.073, Subdivision 16 of the Crystal City Code is hereby amended by inserting the double-underlined and deleting the stricken language as follows: Subd. 16. Cleanouts. A cleanout shall be installed within ten feet of the outside of any auxiliary building and one thereafter for every 75 feet where multiple buildings are served by one connection to the sanitary sewer main. ARTICLE XLVII. Chapter IV, Section 405 of the Crystal City Code regarding signs is hereby amended by deleting it in its entirety. ARTICLE XLVIII. This ordinance is effective upon adoption and 30 days after publication. First Reading: ____________, 2018 Second Reading: __________, 2018 Council Adoption:_________, 2018 Publication: _____________, 2018 Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.7 6.7 Memorandum DATE: April 17, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Purchase of tractor backhoe Background Staff have been looking for opportunities to improve work efficiency and improve utilities equipment that serves a multitude of needs. One of the pieces of equipment that we have been looking into is a tractor backhoe. The front of a tractor backhoe has a traditional bucket for loading/moving items (primarily dirt), the rear of the unit has an arm that can have a bucket, rapid ram, or other attachments. Currently, the only piece of equipment the City has for digging is the large excavator. For water main breaks, this means that staff have to spend time switching between the rapid ram (to break through the asphalt and frost) and the bucket to remove the debris. The addition of the tractor backhoe would allow for the rapid ram on the unit to be breaking through the asphalt/frost while the excavator is digging, speeding up the entire process. Additionally, because the tractor backhoe has the bucket on the front, the large loader would no longer need to be brought out to assist with backfilling the hole. Again, this would speed up the process by reducing the time spent shuttling equipment to and from the site. In addition to the use on water main breaks, the tractor backhoe can be used on smaller jobs requiring excavations. Examples include catch basin/water valve/manhole repairs, tearing down park shelter buildings, smaller park projects involving digging, and storm sewer repairs in tight areas. It has been brought to our attention that New Hope is trading in their old tractor backhoe (which they had purchased new) with the purchase of their new one. Because we know the staff at New Hope and their equipment maintenance practices, we saw this as a potential opportunity to get a tractor backhoe at very good cost. We reached out to the vendor to see what the purchase cost would be of the old unit, including the rapid ram. Finally, due to some other equipment purchases over the last few years and the removal of the only gravel road in the City (Brunswick Ave through Bassett Creek Park), the road grader no longer is a highly utilized piece of equipment. Once Welcome Avenue through Welcome Park is removed and the site graded out early this summer, staff are proposing to sell the grader at 6.8 auction. In effect, the sale of the City’s road grader will not only cover the cost of the tractor backhoe but also make this a one for one equipment replacement. Quotes Ziegler Equipment (2003) $28,500 (includes hydraulic hammer) Foley Equipment (2001) $39,500 Cost The 2018 Fleet Services Fund included the replacement of a 2004 John Deere 624J loader and had $220,000 allocated for this purchase. The purchase was authorized earlier this year for a cost of $172,529. A portion of the $47,471 remaining is proposed to be used to cover the $28,500 purchase cost. Attachments • Quote from Zigler Cat Recommended Action Motion to approve the resolution authorizing the purchase of the tractor backhoe. 6.8 6.8 6.8 RESOLUTION NO. 2018- _____ APPROVING THE PURCHASE OF A TRACTOR BACKHOE 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 tractor backhoe is an versatile component of the public works fleet; and WHEREAS, a tractor backhoe is used year round in various types of common public works operations and projects; and WHEREAS, the used tractor backhoe has had only one previous owner (City of New Hope); and WHEREAS, adequate funds are available in the Fleet Service Fund for this purchase; NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the purchase of tractor backhoe from Zigler CAT for $28,500. BE IT FURTHER RESOLVED that the Crystal City Council hereby approves sale of the existing City road grader at auction later this year. Adopted by the Crystal City Council this 17th day of April 2018. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.8 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  REGULAR MEETING  TUESDAY, APRIL 17, 2018 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from March 20, 2018 regular meeting 4. Public Hearing to consider a resolution approving the sale of an EDA lot at 5612 Adair Avenue North to Novak-Fleck for construction of a new single family home 5. Public Hearing to consider a resolution approving the sale of an EDA lot at 5618 Adair Avenue North to Tollberg Homes for construction of a new single family home 6. Consider a resolution authorizing the use of available tax increment for the Bass Lake Road Streetscape project 7. Other business * 8. Adjournment * *Items for which no materials are included in the packet Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting March 20, 2018 1. Call to Order President Parsons called the regular meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:33 p.m. 2. Roll Call 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: Kim Therres, Acting City Manager, John Sutter, Deputy Executive Director, Dan Olson, City Planner, and Troy Gilchrist, City Attorney. 3. Approval of Minutes Motion by Commissioner Deshler (LaRoche) to approve the minutes of the March 6, 2018 regular meeting. Motion carried. 4. 5612 Adair - Tentative Acceptance of Proposal The EDA considered a proposal from Novak-Fleck to purchase an EDA lot at 5612 Adair Avenue North for construction of a new single family home. Mr. Olson presented the staff report. Motion by Commissioner Deshler (Kolb) to tentatively accept a proposal from Novak-Fleck to purchase an EDA lot at 5612 Adair Avenue North for construction of a new single family home. Motion carried. 5. 5618 Adair - Tentative Acceptance of Proposal The EDA considered a proposal from Tollberg Homes to purchase an EDA lot at 5618 Adair Avenue North for construction of a new single family home. Mr. Olson presented the staff report. Motion by Commissioner Adams (Budziszewski) to tentatively accept a proposal from Tollberg Homes to purchase an EDA lot at 5618 Adair Avenue North for construction of a new single family home. Motion carried. Page 2 of 2 6. Other Business There was no other business. 7. Adjournment Motion by Commissioner LaRoche (Budziszewski) to adjourn. Motion carried. The meeting adjourned at 7:41 p.m. ______________________________ Olga Parsons, President ATTEST: ______________________________ Elizabeth Dahl, Secretary _____________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for April 17 EDA Meeting) DATE: April 12, 2018 RE: PUBLIC HEARING: Consider resolution authorizing the sale of lot at 5612 Adair Avenue North for construction of new home Novak Fleck, a Minnesota Residential Building Contractor with no enforcement actions, has submitted a proposal to purchase the lot at 5612 Adair Avenue North for $55,000. The EDA tentatively accepted the builder’s proposal on March 20, 2018. 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 three-car garage. The house would have approximately 1,669 finished square feet comprised of 988 square feet on the main level with an open living -dining- kitchen area, two bedrooms and a bathroom and 681 square footage on the lower level, with an additional bedroom, bathroom, laundry room, and family room. Similar homes were built in 2012 by Novak-Fleck on other EDA lots (4553 Hampshire and 3548 Regent). The builder does not yet have a buyer for the home at 5612 Adair Avenue North. On this lot a variance reducing the rear yard setback fro m 30 to 10 feet would be requested by Novak Fleck. For this corner lot the north side of the property is defined as the rear yard and the home will face Adair Avenue on the west side of the property. Because of the lot width there will not be a lot of ope n space behind the home. Locating the home closer to the north 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 va riance the new house’s distance from the proposed adjacent home will look about the same as houses with a standard side yard setback. The Planning Commission reviewed the variance request on April 9 and it will be considered by the City Council on April 17. For 5612 Adair, if on April 17 the EDA adopts the attached resolution, and the City Council approves the variance on April 17, then the lot sale would close soon after. Construction would begin after closing with completion anticipated by fall 2018. EDA STAFF REPORT PUBLIC HEARING 5612 Adair Avenue North – Sale of lot to Novak Fleck REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale of 5612 Adair Avenue North to Novak Fleck. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 04 A RESOLUTION AUTHORIZING THE SALE OF 5612 ADAIR AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is the owner of 5612 Adair Avenue North, to be platted as: Lot 2, Block 1, Crystal Economic Development Authority Eighth 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 Novak-Fleck. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Novak-Fleck. 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 Novak-Fleck. Adopted this 17th day of April, 2018. ____________________________________ Olga Parsons, President ____________________________________ Anne Norris, Executive Director _____________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for April 17 EDA Meeting) DATE: April 12, 2018 RE: PUBLIC HEARING: Consider resolution authorizing the sale of lot at 5618 Adair Avenue North for construction of new home Tollberg Homes has submitted a proposal to purchase the lot at 5618 Adair Avenue North. The lot price is $55,000. T ollberg is a state-licensed residential building contractor with no enforcement actions. The EDA tentatively accepted the builder’s proposal on March 20, 2018. 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 three-car garage. The house would have approximately 1,200 finished square feet on the main level with an open living-dining-kitchen area, three bedrooms and two bathrooms. It would also have unfinished square footage on the lower level, with an option to have it finished with an additional bedroom, a bathroom, and family room. Similar homes have been built by Tollberg on other EDA lots, most recently at 4724 Lakeland Avenue. The builder does not yet have a buyer for the home at 5618 Adair Avenue North. Please note that the encroachment of the garage corner into the 30’ front setback is permitted by the unified development code (UDC) and does not require a variance. For 5618 Adair, if on April 17 the EDA adopts the attached resolution, then the lot sale would close soon after. Construction would begin after closing with completion anticipated by fall 2018. REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale of 5618 Adair Avenue North to Tollberg Homes. EDA STAFF REPORT PUBLIC HEARING 5618 Adair Avenue North – Sale of lot to Tollberg Homes ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 05 A RESOLUTION AUTHORIZING THE SALE OF 5618 ADAIR AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is the owner of 5618 Adair Avenue North, to be platted as: Lot 1, Block 1, Crystal Economic Development Authority Eighth 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 17th day of April, 2018. ____________________________________ Olga Parsons, President ____________________________________ Anne Norris, Executive Director PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: April 12, 2018 TO: Anne Norris, Executive Director (for April 17 EDA meeting) SUBJECT: Consider a resolution authorizing the use of available tax increment for the Bass Lake Road Streetscape project SUMMARY The city is planning to use available increment from the expired TIF District #2151 (Anthony Center/Cub Foods) for part of the financing for the Bass Lake Road Streetscape project. At this time there is a $333,661.06 balance in that district which may be used for qualifying improvements anywhere in the redevelopment project area. UPDATED BUDGET Construction Subtotal 545,272 Contract with Pember Companies 10% Contingency 54,527 Construction Total 599,799 200,000 26,727 333,661 39,411 Construction Engineering 35,861 35,861 Materials Testing 2,000 2,000 TOTAL PROJECT COST 637,660 200,000 26,727 333,661 37,861 39,411 HENN CO HENN CO TIF #2151 EDA STREET TOD TRANSP LIGHT GRANT DEPT UTILITY EDA STAFF REPORT Authorize use of TIF for Bass Lake Road Streetscape PAGE 2 OF 2 ATTACHMENTS  Redevelopment Project Area map  Resolution authorizing use of TIF for the Bass Lake Road Streetscape project REQUESTED EDA ACTION EDA adoption of the attached resolution is requested. N 0 0.25 0.5 Miles City of Cr ys tal Key: EXISTING ADDED 12/1/2008 NOT IN PROJECT AREA TIF 1 TIF 2 TIF 3 TIF 4 Project Area Boundary Redevelopment Project Area TIF 3 (Expires 12/2026) (Expires 12/2016) TIF 2 (Expires 12/2025) TIF 4 (Expired 12/2009) TIF 1 (Closed 12/2012) ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 06 A RESOLUTION AUTHORIZING THE USE OF AVAILABLE TAX INCREMENT FOR THE BASS LAKE ROAD STREETSCAPE PROJECT WHEREAS, the Bass Lake Road streetscape has deteriorated to a blighted condition; and; WHEREAS, the City of Crystal (“City”) is proposing to reconstruct the streetscape and make related improvements along Bass Lake Road, also known as City Project 2018-07 (“Project”); and WHEREAS, the Project is located in the Redevelopment Project Area; and WHEREAS, the Project includes site improvements, utilities and other public improvements which are qualifying improvements included in the adopted plan and budget for Tax Increment Financing District #2-1 2151 (“District”); and WHEREAS, the District’s budget for site improvements, utilities and other public improvements has not been fully expended; and WHEREAS, the District has available increment which may be used for qualifying improvements in the Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL: 1. The Bass Lake Road Streetscape is currently in a blighted condition requiring full reconstruction and related improvements; and 2. The expenditure of available increment from TIF District #2-1 2151 is authorized for site improvements, utilities and other public improvements that comprise the Bass Lake Road Streetscape Project, also known as City Project 2018-07. Adopted this 17th day of April, 2018. ____________________________________ Olga Parsons, President ____________________________________ Anne Norris, Executive Director 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: April 13, 2018 City Council Second Work Session Agenda April 17, 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 April 17, 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 ____ Sutter ____ Parsons ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Drainage in Phase 16, specifically the area of 61st and Douglas. 2. Review tobacco and alcohol compliance checks and penalties. 3. Disorderly properties. 4. Quarterly Blue Line Extension update and Master Funding Agreement. 5. Constituent issues update. 6. City manager monthly update. 7. New business.* 8. 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. Memorandum DATE: April 17, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Water drainage in the area of 61st Ave and Douglas Drive Summary Going into the Phase 16 Street Reconstruction Project one of the known issues was the localized flooding at the intersection of 61st Avenue and Douglas Drive N. Extra design and storm water modeling when into exploring this issue and trying to identify all potential options to mitigate it. Since the construction was completed in this area, some residents have been expressing concerns about storm water management in the area. At the work session City and SEH staff will present on what the prior conditions were, alternatives explored, challenges faced, what was constructed, and long term options. Council input requested It has been discussed that hosting a neighborhood meeting is a potential future action. The presentation provided at this work session will be comprehensive. After the presentation, staff would like Council input on whether a neighborhood meeting is needed, what information should be presented, or what other (if any) next steps should be. Attachment • Presentation slides Recommended Action No formal action is needed. Ma r k  Ray, PE Di r e c t o r  of  Pu b l i c  Works Be f o r e  co n d i t i o n s  –D r a i n a g e  Area MR 1 Sl i d e 2 MR 1 Wh a t d o e s t h e a r e a w i t h t h e b l u e h a s h l i n e s m e a n ? C o u l d w e d o j u s t o n e b i g b l o b ? Ma r k R a y , 4 / 9 / 2 0 1 8 Be f o r e  co n d i t i o n s  –6 1 st & Do u g l a s Be f o r e  co n d i t i o n s  ‐ Dr a i n a g e Be f o r e  co n d i t i o n s  –C u l v e r t De s i g n  co n s t r a i n t s  Wa t e r  do e s  no t  fl o w  up  hi l l  On l y  on e  st o r m  se w e r  ou t l e t  to  ai r p o r t  Ov e r a l l  el e v a t i o n  in  wa t e r s h e d  is  fa i r l y  fi x e d  Ut i l i t y  po l e s  al o n g  we s t  si d e  of  Do u g l a s  Dr .  Fi r e  hy d r a n t s  al o n g  ea s t  si d e  of  Do u g l a s  Dr .  Dr i v e w a y s  al o n g  Do u g l a s  Dr .  ar e  fl a t  (b a c k  pi t c h  is   ba d )  MA C  ow n s  al l  th e  pr o p e r t y  to  th e  ea s t  of  Do u g l a s  Dr.  No  ea s e m e n t  ov e r  th e  ex i s t i n g  ou t l e t  pi p e  Ve r y  hi g h  wa t e r  ta b l e De s i g n  co n s t r a i n t s  – U t i l i t y  Po l e s De s i g n  co n s t r a i n t s  –L o n e  Ou t l e t De s i g n  co n s t r a i n t s  –F i r e  Hy d r a n t s De s i g n  co n s t r a i n t s  ‐ Dr i v e w a y s De s i g n  co n s t r a i n t s  –M A C  pr o p e r t y De s i g n  co n s t r a i n t s  –W a t e r  Table Op t i o n s  co n s i d e r e d  Na r r o w  Do u g l a s  Dr .  Sh i f t  Do u g l a s  Dr .  to  th e  we s t    Su p e r ‐el e v a t e  th e  ro a d  Di f f e r e n t  cu r b  op t i o n s  al o n g  Do u g l a s  Dr .    Mo v e  hy d r a n t s  to  we s t  si d e  of  Do u g l a s  Dr .  In f i l t r a t i o n  ta n k  in  Sk y w a y  Pa r k  Ne w  st o r m  se w e r  pi p e  on t o  MA C  pr o p e r t y  In f i l t r a t i o n  ta n k s  al o n g  Do u g l a s  Dr .  –h i g h  wa t e r  table  Cl o s e  a  po r t i o n  of  Do u g l a s  Dr .  –a l l  se g m e n t s  ha v e  access  Se n d  so m e  wa t e r  to  th e  no r t h  (B r o o k l y n  Pa r k )  –g r a d e   in s u f f i c i e n t  Li f t  St a t i o n Op t i o n s  co n s i d e r e d  Na r r o w  Do u g l a s  Dr .  Sh i f t  Do u g l a s  Dr .  to  th e  we s t    Su p e r ‐el e v a t e  th e  ro a d  Di f f e r e n t  cu r b  op t i o n s  al o n g  Do u g l a s  Dr .    Mo v e  hy d r a n t s  to  we s t  si d e  of  Do u g l a s  Dr .  In f i l t r a t i o n  ta n k  in  Sk y w a y  Pa r k  Ne w  st o r m  se w e r  pi p e  on t o  MA C  pr o p e r t y  In f i l t r a t i o n  ta n k s  al o n g  Do u g l a s  Dr .  –h i g h  wa t e r  table  Cl o s e  a  po r t i o n  of  Do u g l a s  Dr .  –a l l  se g m e n t s  ha v e  access  Se n d  so m e  wa t e r  to  th e  no r t h  (B r o o k l y n  Pa r k )  –g r a d e   in s u f f i c i e n t  Li f t  St a t i o n Op t i o n s  co n s i d e r e d    Na r r o w  Do u g l a s  Dr .  Sh i f t  Do u g l a s  Dr .  to  th e  we s t    Su p e r ‐el e v a t e  th e  ro a d  Di f f e r e n t  cu r b  op t i o n s  al o n g  Do u g l a s  Dr .    Mo v e  hy d r a n t s  to  we s t  si d e  of  Do u g l a s  Dr .  In f i l t r a t i o n  ta n k  in  Sk y w a y  Pa r k  Ne w  st o r m  se w e r  pi p e  on t o  MA C  pr o p e r t y Na r r o w  Do u g l a s  Dr i v e Na r r o w  Do u g l a s  Dr i v e  Ex i s t i n g  wa s  28  fe e t  wi d e  Ne w  st r e e t  is  26  fe e t  wi d e  Ha d  to  ta k e  in t o  co n s i d e r a t i o n  pa r k i n g  ne a r  park  Pr o g r a m m e d  fo r  s o c c e r  us e  Pu t  in  a  pa r k i n g  ba y  by  th e  pa r k  Pl a n  fo r  so m e  tr u c k  tr a f f i c  to  ai r p o r t Sh i f t  Do u g l a s  Dr i v e  We s t   Sh i f t  Do u g l a s  Dr i v e  We s t    Cr e a t e  mo r e  bo u l e v a r d  sp a c e  al o n g  th e  ea s t  si d e    Al l o w  mo r e  ro o m  to  tu r n  ex i s t i n g  hi l l  in t o  dr a i n a g e   di t c h  Ut i l i t y  po l e s  we r e  a  li m i t i n g  fa c t o r  on  th e  we s t  side  On l y  ab l e  to  sh i f t  ro a d  2  fe e t  Ha d  to  ta k e  in t o  co n s i d e r a t i o n  th e  el e v a t i o n  of  existing   dr i v e w a y s Su p e r ‐el e v a t e  Do u g l a s  Dr i v e Su p e r ‐el e v a t e  Do u g l a s  Dr i v e  Hi g h  si d e  wo u l d  be  on  dr i v e w a y  si d e  Lo w e r  si d e  on  ai r p o r t  si d e ,  fu r t h e r  he l p  in c r e a s e   st o r a g e  sp a c e  in  th e  bo u l e v a r d  Sl o w  do w n  ra t e  an d  wh i c h  wa t e r  ge t s  to  in t e r s e c t i o n  Wa t e r  ru n s  in t o  th e  bo u l e v a r d  fi r s t  in s t e a d  of  along  the   co n c r e t e  g u t t e r  So m e  wa t e r  wo u l d  al s o  in f i l t r a t e  in  th e  bo u l e v a r d  Du r i n g  a  la r g e r  ra i n  ev e n t  wh e n  fl o o d i n g  oc c u r r e d ,  it   wo u l d  be  sh a l l o w e r  on  th e  ho m e  si d e .   Di f f e r e n t  cu r b  op t i o n s  al o n g  Douglas Di f f e r e n t  cu r b  op t i o n s  al o n g  Douglas  No r m a l  fu l l  he i g h t  cu r b  wo u l d  re d u c e  wa t e r  storage   sp a c e  in  bo u l e v a r d  al o n g  MA C  pr o p e r t y  Al s o  wo u l d  li m i t  ca p a c i t y  du r i n g  f l o o d i n g  No r m a l  fu l l  he i g h t  cu r b  wi t h  op e n i n g s  fo r  wa t e r  run   of f  Co u l d  be  im p a c t e d  by  pl o w  op e r a t i o n s  St i l l  ha d  si m i l a r  is s u e s  of  fu l l  he i g h t  cu r b  Fl a t  cu r b  Al l o w e d  fo r  di r e c t  wa t e r  ru n  of f  Al s o  ma x i m i z e d  wa t e r  st o r a g e  sp a c e  Al l o w e d  fo r  th e  hi g h  si d e  ne a r  th e  dr i v e w a y s Mo v e  hy d r a n t s  to  we s t  si d e  of  Do u g l a s  Dr. Mo v e  hy d r a n t s  to  we s t  si d e  of  Do u g l a s  Dr.  Wo u l d  al l o w  fo r  a  de e p e r  dr a i n a g e  di t c h  al o n g  the  east   si d e  of  Do u g l a s  Dr .  No t  tr y i n g  to  ma t c h  th e  gr a d e  to  th e  hy d r a n t  Al s o  al l o w  fo r  ea s i e r  ma i n t e n a n c e  of  th i s  ar e a  D o n ’ t  ha v e  to  mo w  ar o u n d  hy d r a n t s Pu t t i n g  it  al l  to g e t h e r . . . In f i l t r a t i o n  ta n k  in  Sk y w a y  Park In f i l t r a t i o n  ta n k  in  Sk y w a y  Park In f i l t r a t i o n  ta n k  in  Sk y w a y  Park  Aw a y  fr o m  ho m e s    Fu r t h e s t  di s t a n c e  fr o m  ho m e s / b a s e m e n t s  La r g e r  fa c i l i t y  Av o i d  ut i l i t i e s  Al o n g  ex i s t i n g  dr a i n a g e  pa t h  De s i g n e d  to  ta k e  a  2  in c h  ra i n  ev e n t  fr o m  al l  th e   im p e r v i o u s  ar e a  up s t r e a m  97 , 7 7 0  ga l l o n s  Sa m e  as  a  10 0  ye a r  st o r m  th a t  la s t s  15  mi n u t e s  If  fu l l ,  sy s t e m  ov e r f l o w s  an d  co n t i n u e s  to w a r d s   in t e r s e c t i o n  of  61 st an d  Fl o r i d a  Av e s . Ne w  pi p e s  on t o  MA C  Tw o  ad d i t i o n a l  pi p e s  wo u l d  be  co n n e c t e d  to  the  MAC   pr o p e r t y  no r t h  of  wh e r e  th e  cu r r e n t  bu i l d i n g s  are  St o r m  wa t e r  wo u l d  no  lo n g e r  fl o w  by  th e  ex i s t i n g  hanger   bu i l d i n g s  Wo u l d  fl o w  fr o m  th e  ne w  lo w  ar e a  al o n g  Do u g l a s  Dr.  Re ‐gr a d e  dr a i n a g e  ar e a  on  MA C  pr o p e r t y  Re m o v e  th e  bu m p s  an d  hu m p s  to  im p r o v e  wa t e r   dr a i n a g e  MA C  do e s  no t  li k e  mo r e  su r f a c e  wa t e r  Re q u i r e d  we  mo d e l  th e  im p a c t s  to  MA C  pr o p e r t y Ne w  pi p e s  on t o  MA C Ne w  pi p e s  on t o  MA C  pr o p e r t y  Ba s e d  on  th e  mo d e l i n g  wo r k  do n e  In c r e a s e  of  0. 1 8 ’  (2 . 1 6  in c h e s )  in  pe a k  wa t e r   el e v a t i o n s  ad j a c e n t  to  tw o  bu i l d i n g s .     Bo t h  bu i l d i n g s  wo u l d  f l o o d  to d a y  du r i n g  10 0  year  storm.  Re d u c t i o n  of  pe a k  wa t e r  el e v a t i o n s  ad j a c e n t  to  four   ha n g a r s .  Du r a t i o n  of  sw a l e  po n d i n g  wi l l  in c r e a s e  fr o m  28  to   38  ho u r s ,  bu t  on l y  at  a  de p t h  of  6  in c h e s  or  less.  Pr o p o s e d  Ea s e m e n t Pr o p o s e d  sw a p MA C  sa i d  no  Pr i m a r y  re a s o n s  Mo r e  wa t e r  (i n  so m e  lo c a t i o n s )  Wa t e r  fo r  lo n g e r  (b u t  sh a l l o w e r  in  ex i s t i n g  fl o w  route)  Vi e w  of  ea s e m e n t s  (p e r m e a n t  lo s s  of  th e  pr o p e r t y )  Ci t y  we n t  ah e a d  an d  bu i l t  ev e r y t h i n g  pe r  pl a n  Wi t h  ex c e p t i o n  of  th e  cu l v e r t s  an d  dr a i n a g e  sw a l e  on   MA C  pr o p e r t y .  Cr e a t e d  a  ne w  lo w  sp o t  in  th e  bo u l e v a r d  sw a l e  north  of   th e  in t e r s e c t i o n  If  in  th e  fu t u r e  MA C  ch a n g e s  th e i r  mi n d ,  al l  City  would   ha v e  to  do  is  in s t a l l  th e  ne w  pi p e  co n n e c t i o n s  and  grade   th e  sw a l e  on  MA C  pr o p e r t y . Qu e s t i o n s ? DISORDERLY PROPERTY ORDINANCE City Council Worksession April 17, 2018 CURRENT CODE •Only licensed rental properties are currently subject to the disorderly house provisions in Section 425.21 •The list of what constitutes a disorderly house includes a wide range of code or statutory violations including those related to: •Garbage; noise; controlled substances; disorderly conduct; liquor laws; firearms; assault; terroristic threats; criminal damage to property; gambling; gang crimes; racketeering •These types of local ordinances are an expansion of the disorderly house prohibitions in M.S. 609.33 that are limited to liquor, gambling, prostitution, and drugs 2 PROPOSED AMENDMENT •The proposed disorderly property ordinance levels the playing field by making the disorderly house provisions applicable to all properties in the city and provides a mechanism for the city to recover some costs for multiple police responses to the same property through the administration citation process •Moves the existing list of disorderly conduct from the rental section to a new Section 630 •As is the case with most, if not all, matters the city regulates regarding what occurs on property, the property owner is deemed responsible (water bill, zoning violation, etc.). Similar to how business owners are responsible for the actions of their employees (underage sales ) 3 PROPOSED AMENDMENT •Owner responsibility relates to letting the property be used in a certain way, but does not create criminal liability for the owner for the actions of others •The person on the property with drugs gets charged for the drug offense, not the owner •The amendment continues the existing three strikes approach based on the occurrence of a verified incident on the property 4 VERIFIED INCIDENT •Only a “verified incident” counts as a strike: (1) Must be an incident on the list of disorderly property violations (2) Responded to by a police officer; and (3) Who, after completing a timely investigation, finds evidence supporting the existence of a disorderly property violation •A verified incident does not depend on a criminal conviction being obtained, but multiple incidences discovered during a single response only constitute a single verified incident •An owner cannot receive two or three strikes as a result of a single visit by police even if multiple violations are discovered 5 THREE STRIKES •First Verified Incident •Property owner receives notice of the incident and that another incident can result in an administrative penalty •If a rental property, the licensee is also sent the notice, which also directs the licensee to take steps to ensure another violation does not occur •The information required to be sent to a licensee for a verified incident is the same as in the existing code •Second Verified Incident •If a second incident occurs within 12 months of the first, another notice is provided that constitutes an administrative citation under Section 306, which contains an opportunity to request a hearing before a hearing officer •A licensee is required to submit a written report of the actions taken, or to be taken, to prevent further violations 6 THREE STRIKES •Third Verified Incident •If a third violation occur within 12 months of the second,another notice is provided that constitutes another administrative citation •After a third verified incident, the city may take action against the rental license •The City Council has discretion on what (if any) action is taken regarding the license –this is the same as in the current code •Additional Violations •Additional violations occurring within 12 months of the prior violation are subject to the same administrative citation and license actions applicable to a third violation 7 PROPOSED CIVIL PENALTIES •The owner is subject to a civil penalty under the administrative citation process starting at the second verified incident within 12 months •The proposed penalties 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 8 RECENT STRIKE LETTER HISTORY •Number of strike letters sent in recent years (roughly one per month on average): •2015 –19 letters •2016 –12 letters •2017 –11 letters •2018 –4 letters •The letters appear to have the desired effect •A tenant at 6001 56th was the source of repeated noise and disturbance complaints from the other 15 units •This resulted in numerous police responses –21 calls for service at that property in January 2018 •3 of 2018’s 4 strike letters were issued for that property. •The strike letters helped the property owner evict the disruptive tenant at the end of January •Since then, calls for service have declined 88% (only 2 in February and 3 in March) 9 RENTAL LICENSE ACTION PROCESS •After a third verified incident, the city manager notifies licensee of a hearing to be held by the City Council •The City Council holds the hearing and then may take any of the following actions against the license: •Take no action •Add conditions to the license as an alternative to suspension or revocation •Suspend the license* •Revoke the license* •Deny or non-renew the license* *If the licensee applies for a new license for an additional property, the City Council may also decline to approve such new license for up to one year (two years if the licensee has had multiple licenses suspended, revoked or denied for properties in Crystal) •Exceptions: No license action can be taken during eviction proceedings or within 30 days of an eviction notice, and city may delay action if it determines the owner is working to prevent further violations 10 PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: April 12, 2018 TO: Anne Norris, City Manager (for April 17 Council work session) SUBJECT: Quarterly Blue Line Extension (Bottineau LRT) Project Update and Master Funding Agreement PROJECT UPDATE  BNSF has requested copies of the 90% plans for review  Recently adopted federal budget includes increased funding for the FTA for “New Starts” projects like the BLX  No official change to anticipated timeline, but BLX no longer expects to open for service by 2022 MASTER FUNDING AGREEMENT Metro Transit is required by FTA to enter into a Master Funding Agreement with each city along the line as well as the county and MnDOT. The Master Funding Agreement establishes the framework for the following types of cost participation: 1. Metro Transit pays for construction of a BLX facility that is part of another agency’s project  Example: West Broadway reconstruction (Brooklyn Park/Henn Co)  Not applicable in Crystal 2. Another agency pays Metro Transit for construction of their facility that is being built as part of the BLX project  Only one such facility in Crystal: June Avenue water main south of 36 th  See next page and attachments for details 3. Metro Transit pays for inspection services provided in-house by another agency  Crystal will be reimbursed for city staff field inspection time but the amount is not expected to be significant EDA STAFF REPORT Blue Line Extension Quarterly Update PAGE 2 OF 2 The Master Funding Agreement was discussed in general terms at the January update. Since then:  Staff and the city attorney reviewed the proposed agreement and coordinated their response with Robbinsdale  The project office informed staff that a 6% design fee will be charged in addition to the 3% administration fee Each item will have a separate Subordinate Funding Agreement as the project gets further along. JUNE AVENUE WATERMAIN The project office estimates the total cost to the city to be $129,241: 103,104 Construction + 15,446 15% contingency =118,569 Construction Subtotal + 3,557 3% administrative fee + 7,114 6% design fee =129,241 Estimated Total Cost to City The plan sheet and detailed cost estimate are attached. This is the type of detail that would be included in a Subordinate Funding Agreement. Staff opinion is that this is a good deal for the city for the following reasons:  Someday we will have to replace this water main and it’s in borderline condition  It would be more expensive for us to replace it as a small, stand-alone project  We would have to reconstruct June Avenue at our expense to get at the water main (Metro Transit is incorporating that cost into their project)  The 3% administration fee and 6% design fee are relatively low (for example, we charge adjacent cities 20% to cover administration and design when we have a joint project on the border)  All in all, it’s simply the right thing to do UPCOMING COUNCIL ACTION Staff intends to request approval of the Master Funding Agreement at the May 1 City Council meeting Cr y s t a l   W a t e r m a i n   ‐   C i v i l   1 B   P a c k a g e   ‐   C i t y   o f   C r y s t a l   C o s t March 13, 2018 Cr y s t a l   W a t e r m a i n   R e p l a c e m e n t Local Work #11 1 M o b i l i z a t i o n 1 L S 4 , 8 0 0 . 0 0 $ 4, 8 0 0 $ 2 C o n s t r u c t i o n S u r v e y a n d T r a f f i c C o n t r o l 1 L S 2 , 4 0 0 . 0 0 $ 2, 4 0 0 $ 3 R e m o v e E x i s t i n g H y d r a n t 2 E A 3 6 5 . 0 0 $ 73 0 $ 4 R e m o v e G a t e V a l v e a n d b o x 2 E A 1 , 0 0 0 . 0 0 $ 2, 0 0 0 $ 5 R e m o v e E x i s t i n g W a t e r m a i n ( a l l s i z e s ) 6 5 1 L F 4 . 2 5 $ 2, 7 6 7 $ 6 6 " G a t e V a l v e a n d B o x 2 E A 1 , 9 1 8 . 1 8 $ 3, 8 3 6 $ 7 8 " G a t e V a l v e a n d B o x 3 E A 3 , 0 2 0 . 0 0 $ 9, 0 6 0 $ 8 6 " D I P W a t e r m a i n 1 1 L F 3 3 . 9 4 $ 37 3 $ 9 8 " D I P W a t e r m a i n 6 3 5 L F 5 4 . 8 8 $ 34 , 8 4 9 $ 10 C o n n e c t t o E x i s t i n g W a t e r m a i n 1 E A 1 , 6 9 2 . 0 4 $ 1, 6 9 2 $ 11 R e m o v e W a t e r S e r v i c e t o R O W 1 1 E A 7 5 0 . 0 0 $ 8, 2 5 0 $ 12 H y d r a n t 2 E A 4 , 9 8 8 . 8 9 $ 9, 9 7 8 $ 13 8 " 4 5 ° B e n d 3 3 0 L B 1 1 . 6 8 $ 3, 8 5 4 $ 14 8 " x 6 " T e e 1 7 5 L B 1 1 . 6 8 $ 2, 0 4 4 $ 15 8 " x 6 " R e d u c e r 9 5 L B 1 1 . 6 8 $ 1, 1 1 0 $ 16 8 " T e e 18 5 L B 1 1 . 6 8 $ 2, 1 6 1 $ 17 S e r v i c e C o n n e c t i o n 1 1 E A 1 , 2 0 0 . 0 0 $ 13 , 2 0 0 $ 10 3 , 1 0 4 $ Su b t o t a l 15 , 4 6 6 $ Co n t i n g e n c y ( 1 5 % ) 11 8 , 5 6 9 $ Ba s e Y e a r D o l l a r s T o t a l ( 2 0 1 8 $ ) 3, 5 5 7 $ Ad m i n i s t r a t i o n F e e ( 3 % ) 7, 1 1 4 $ De s i g n F e e ( 6 % ) 12 9 , 2 4 1 $ To t a l C o s t ( 2 0 1 8 $ ) (1 ) (1 ) As s u m e s   o w n e r   w i l l   b e   r e s p o n s i b l e   f o r   i n s p e c t i o n   o f   w o r k .   N o   B P O  f e e s   a r e   a s s u m e d   a t   t h i s   t i m e . NO T E No . D e s c r i p t i o n Q u a n t i t y U n i t Un i t C o s t E x t e n s i o n LW11‐C Watermain 1 of 1 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 – APRIL 2018 Objectives: - Strategic leadership for achievement of Council goals o Thriving Business Climate  City Code update continues  2018 EDA project – Bass Lake Road streetscape improvement bid awarded to Pember Construction  Updated fire suppression system financial assistance program  Open To Business assistance available o Create Strong Neighborhoods  Crystal Ball and Neighbors Helping Neighbors – 3/24  Code enforcement – on-going  Implementation of Master Parks System Plan – Welcome Park improvements – seeking bid authorization 4/17/18  Home improvement loans/rebates available through CEE  Vacant EDA lots being sold for new single family homes o Fiscally sound and stable policies and procedures – see Financial Management below - Financial Management o Long term financial planning:  3/20/18 City Council established capital and internal funds o Updated financial policies in progress – purchasing policy approved 3/20 o Surplus property feasibility study underway o 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 - Media Relations o Mayor’s State of the City – 3/21 CBA Meeting o May work session – discuss Public Safety and critical incidents – how information is shared, what information is shared o Review and update media protocol – 2nd quarter o Website reimagined in progress