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
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F
35th
36th
Ha
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38th
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44th
43rd
41st
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Wilshire
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37th
52nd
40th
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50th
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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
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J e r s e y
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50th
51st
41st
J e r s e y
O r c h a r d
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L o u i s i a n a
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R e g e n t
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43rd
Corvallis
A d a i r
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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
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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
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38th
54th
P
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X e n i a
48th
44th
V
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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
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46th
Je
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34th No
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le
Markwood
G e o r g i a
48th
Re
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31st
39th
Or
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44th
45th
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34th
F l o r i d a
31st
Y a t e s
48th
V er
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R
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J e r s e y
J e r s e y
W e l c o m e
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w
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ir
43rd
35th
47th
41st
Fl
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35th
35th
J e r s e y
39th
F lo
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Co
lo
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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
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NBasset Creek Regional Trail Easement
Valley View ParkCrystal, Minnesota
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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 . T h e nc e e a st e rl y a l ong at a ng e nt i a l c urve c onc a ve t o t h e N ort h h a vi ng a c e nt ra l a ng l e of 7 ° 2 8 ’ 5 5 ” a nd ara d i us of 3 0 0 . 0 0 ’ f or a d i st a nc e of 3 9 . 1 8 ’ , t h e nc e N ort h 8 2 ° 3 0 ’ 4 ” E a st f or ad i st a nc e of 9 9 . 0 0 ’ , t h e nc e e a st e rl y a l ong a t a ng e nt i a l c urve c onc a ve t o t h e S out hh a vi ng a c e nt ra l a ng l e of 7 ° 2 8 ’ 5 5 ” a nd a ra d i us of 3 0 0 . 0 0 ’ f or a d i st a nc e of3 9 . 1 8 ’ , 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 1 5 3 . 9 9 ’ , t h e nc e e a st e rl ya l ong a t a ng e nt i a l c urve c onc a ve t o t h e S out h h a vi ng a c e nt ra l a ng l e of1 4 ° 4 9 ’ 1 3 ” a nd a ra d i us of 1 0 0 . 0 0 ’ f or a d i st a nc e of 2 5 . 8 7 ’ , t h e nc e S out h7 5 ° 1 1 ’ 4 7 ” E a st f or a d i st a nc e of 3 2 . 6 3 ’ , t h e nc e e a st e rl y a l ong a t a ng e nt i a l c urvec onc a ve t o t h e N ort h h a vi ng a c e nt ra l a ng l e of 1 4 ° 4 9 ’ 4 3 ” a nd a ra d i us of 1 0 0 . 0 0 ’f or a d i st a nc e of 2 5 . 8 7 ’ , 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 3 3 1 . 5 1 ’ ,t h e nc e e a st e rl y a l ong a t a ng e nt i a l c urve c onc a ve t o t h e N ort h h a vi ng a c e nt ra la ng l e of 2 3 ° 2 3 ’ 5 6 ” a nd a ra d i us of 1 0 0 . 0 0 ’ f or a d i st a nc e of 4 0 . 8 4 ’ , t h e nc e N ort h6 6 ° 3 5 ’ 0 3 ” E a st f or a d i st a nc e of 5 7 . 2 8 ’ , t h e nc e e a st e rl y a l ong a t a ng e nt i a l c urvec onc a ve t o t h e S out h h a vi ng a c e nt ra l a ng l e of 5 2 ° 1 2 ’ 0 0 ” a nd a ra d i us of 1 0 0 . 0 0 ’f or a d i st a nc e of 9 1 . 1 1 ’ , t h e nc e S out h 6 1 ° 1 2 ’ 5 7 ” E a st f or a d i st a nc e of 3 0 . 0 0 ’ ,t h e nc e e a st e rl y a l ong a t a ng e nt i a l c urve c onc a ve t o t h e N ort h h a vi ng a c e nt ra la ng l e of 2 8 ° 4 8 ’ 0 4 ” a nd a ra d i us of 1 0 0 . 0 0 ’ f or a d i st a nc e of 5 0 . 2 7 ’ a nd t h e ret e rm i na t i ng . 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
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C
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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
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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
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S
O
N
C
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L
A
K
E
L
A
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D
A
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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
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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
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6500
3002
2 8 2 7
2957
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2956
2948
2909
31013102
3026
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3
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31173116
3110
2917
6 5 1 6
3001
3125
3109
3126
3148 3149
3140 3141
3132 3133
3027
3009
3148 31483149
3140
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2932
31403141
2925
2916
3
1
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3156 3157
2 8 2 6
3156 31563157
2926
2917 2916
2900
65
1
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29012902
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29412942
2949
2957
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2958
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3133 3132
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6300
2902
64
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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
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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
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does not include determining what you own, which is a legal matter. Please check the legal description with yo
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records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters
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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
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governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown befo
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proceeding with construction.5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have
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only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on t
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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
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verify this information. Also the client directed us to show trees the client decided were over 12" in diameter. Aga
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this information was not verified by us. There are many trees on the property but we were directed by our client
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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
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your architect, or the builder are. Review our proposed location of the improvements and proposed yard gra
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carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local cod
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and minimum requirements as the local building and zoning officials in this community are. Be sure to show t
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survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obta
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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
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or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purp
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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
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stucco of the building.STANDARD SYMBOLS & CONVENTIONS:"භ" Denotes iron survey marker, set, unless otherwise noted.
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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
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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.
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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.
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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
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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
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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;
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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:
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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)
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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)
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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
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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
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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.
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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.
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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.
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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.
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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).
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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.
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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
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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
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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
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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:
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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
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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.
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s
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w
pi
p
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s
on
t
o
MA
C
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o
ad
d
i
t
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o
n
a
l
pi
p
e
s
wo
u
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d
be
co
n
n
e
c
t
e
d
to
the MAC
pr
o
p
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r
t
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no
r
t
h
of
wh
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cu
r
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e
n
t
bu
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d
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g
s
are
St
o
r
m
wa
t
e
r
wo
u
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d
no
lo
n
g
e
r
fl
o
w
by
th
e
ex
i
s
t
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g
hanger
bu
i
l
d
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s
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u
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d
fl
o
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fr
o
m
th
e
ne
w
lo
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e
a
al
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n
g
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l
a
s
Dr.
Re
‐gr
a
d
e
dr
a
i
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a
g
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ar
e
a
on
MA
C
pr
o
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e
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d
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m
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pr
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w
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on
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t
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pr
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s
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on
th
e
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l
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g
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r
k
do
n
e
In
c
r
e
a
s
e
of
0.
1
8
’
(2
.
1
6
in
c
h
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s
)
in
pe
a
k
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t
e
r
el
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v
a
t
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o
n
s
ad
j
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c
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n
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to
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n
g
s
.
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t
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g
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f
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o
o
d
to
d
a
y
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r
i
n
g
10
0
year storm.
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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
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i
m
a
r
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re
a
s
o
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s
Mo
r
e
wa
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r
(i
n
so
m
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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
)
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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
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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