2018.05.01 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 27, 2018
City Council Meeting Schedule
May 1, 2018
Time Type of meeting Location
6:15 p.m.
First City Council work session to discuss:
2019-20 Budget Preview.
Crystal Ball recap/report.
Conference Room A
7 p.m. City Council meeting Council Chambers
Following the
City Council
meeting
Second City Council work session to discuss:
Chapter 8 of City Code.
Chapters 10-11 of City Code.
36th and Welcome pedestrian crossing study.
Constituent issues 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 27, 2018
City Council
First Work Session Agenda
May 1, 2018
6:15 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the first work session of the Crystal City Council was held at ______ p.m. on May 1, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Budziszewski ____ Norris
____ Dahl ____ Therres
____ Deshler ____ Gilchrist
____ Kolb ____ Ray
____ LaRoche ____ Revering
____ Parsons ____ Sutter
____ Adams ____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. 2019-20 Budget Preview.
2. Crystal Ball recap/report.
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 25, 2018
TO: Mayor and Council
FROM: Anne Norris, City Manager
Kim Therres, Assistant City Manager
John Elholm, Recreation Director
SUBJECT: 2018 Crystal Ball
In 2016, the City Council established the Crystal Community Outreach Task Force
(CCOTF) and re-established it 2017. The CCOTF serves as an advisory group to study
and advise the City Council on ways to increase volunteer involvement in the city, and
to effectively match volunteers with opportunities that best takes advantage of the
volunteer’s skills or interests. The task force’s mission statement is as follows:
“…to increase involvement and celebrate the community through action and
creating and expanding existing networks which can include existing and new
events, encouraging and supporting connections with neighbors and
neighborhoods, and supporting community-led projects. The task force will
maintain a database of volunteers and utilize the volunteers according to their
interests and availability. “
The Crystal Ball event and the “Neighbors Recognizing Neighbors” award program are
two of the opportunities created by CCOTF and approved by the city council to support
connections and celebrate the community.
In the summer of 2017, the CCOTF informally created a sub-committee to work on the
details of the Crystal Ball event. The sub-committee included four taskforce members
and other community members. The sub-committee worked on the entertainment, food,
decorations and seeking donations/sponsorships to lower expenses. The CCOTF
received updates from the sub-committee at its regular meetings.
The event was held on March 24, 2018, at the Crystal Community Center and included
several activities:
Social hour and buffet dinner.
Neighbors Recognizing Neighbors Award presentation.
Door prize and photo opportunities.
Live music and a dance.
Ticket Sales
Tickets were sold at the Crystal Community Center and online through the city website
(rec-track software). Attendees could purchase a $35 full event ticket that included a
catered dinner, or a dance only ticket at $15 each or 2 for $25. In addition, 100 free
dance only tickets were made available to NEAR food shelf, Robbinsdale School
District adult learning program and Serenity Village Community Church to distribute to
individuals associated with their organization.
Ticket Type 2017 2018
Full Event w/Dinner 122 86
Music and Dance 50 38 people [6 (5@$25, 1@$15), 16 (11@$25, 5@$15)*]
Total Tickets 172 124
*2 from NEAR, 7 from Robbinsdale School District and 1 Serenity Village
Dinner and Music
The dinner and cash bar were catered by the Lookout Restaurant. Almstead’s Fresh
Market provided a cake. The R Factor band played music for the event. The band’s
cost was covered by an external organization and the cost of the dinner was covered by
ticket sales.
Awards, Door Prizes, Photos, etc.
“Neighbors Recognizing Neighbors” awards were presented to chosen nominees at the
event. The award was designed to honor great neighbors in the City of Crystal and to
recognize them for making the city a wonderful place to live and work. Nineteen
nominations were received. Four neighbors were honored with an award and two tickets
for the dinner and dance. The award winners were:
Naomi Davidson
Jerry Sultvedt
Tim Grundei
Jim Jopp
Cardell Floral provided a floral arrangement for the event. It was used as a door prize.
Tupperware items were also provided and given away as door prizes.
A “step and repeat” banner featuring the city logo’s 14-point star was displayed as a
background for photos. Attendees could take their own photo or they could have their
photo taken by a professional photographer. For a limited time, the pictures are
available on the city website with a link to the photographer’s website .
Funding
A Crystal Ball city initiatives fund is in place. This type of fund works well for tracking
revenue and expenses related to a sp ecific initiative as well as allows funds to be
carried forward from year to year.
The fund received several donations, and funds from selling roses at the event helped
defray some of the expenses. Some associated costs are covered by the general fund,
which is consistent with other types of community events.
Discussion
The Crystal Ball Sub-Committee and the CCOTF are interested in receiving direction
from the council on how the Crystal Ball should be organized in the future and if the
event should continue. Staff has the following recommendations for council
consideration:
1. Crystal Ball Spin off
The city could reach out to other organizations or help a group of residents form
a separate 501C3 organization to take on the event. The organization could use
the ball as a fund raising effort for their cause. The organization could also solicit
their own funds for the costs of the event.
2. Crystal Ball Recreation Event
The city could hold the event as part of its recreation services offered to the
community. The recreation staff would manage the logistics of the event. The
recreation staff would work directly with vendors and administer expenses.
Staff could continue to work with the CCOTF and/or the park and recreation
commission on key decision points related to a theme, menu, music choices and
selection of award winners.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
City Council Meeting Agenda
May 1, 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. Proclamations
3.1 Proclamation of May 13 through May 19 as Police Week.
3.2 Proclamation of May 20 through May 26 as Public Works Week.
4.Appearance
Recognition of Crime Prevention Board President Pat Bedell for her years of service as President of
the Board.
5. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature, in a
single motion:
5.1 Approval of the minutes from the following meetings:
a.The regular City Council meeting on April 17, 2018.
b.The regular City Council work sessions on April 17, 2018.
c.The joint City Council and Planning Commission work session on April 19, 2018.
5.2 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.
5.3 Approval of a resolution accepting the following donations:
a.$750 from Minneapolis Elks Lodge #44 for Crystal Airport Open House.
b.$500 from Rudolph Priebe Post 172 for Crystal Airport Open House.
5.4 Approval of a special permit to serve beer and wine at Becker Park for up to 50 guests to
attend a graduation party on May 12, 2018, from 4-10 p.m., submitted by Judith Morales
Tellez.
5.5 Approval of a Master Funding Agreement for city work being completed as part of the Blue
Line Extension project.
Crystal City Council Meeting Agenda
May 1, 2018
Page 2 of 3
6.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.)
7.Regular Agenda
7.1 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.
7.2 The Council will consider the second reading and adoption of an ordinance amending
Chapter V (Unified Development Code) of the City Code.
At its April 17 meeting, the City Council approved the first reading of an ordinance
amending Chapter V primarily to address accessory dwelling units (ADUs). At that meeting,
the Council discussed amending Chapter V to allow for vehicle leasing north of Bass Lake
Road. After the meeting, it was determined the proposed use in question is a permitted
accessory use under the existing Code so no additional amendment is necessary.
Recommend approval of the second reading of the ordinance amending Chapter V of the
City Code.
7.3 The Council will consider the first reading of an ordinance amending Chapters IV and VI of the
City Code, relating to disorderly properties.
The City Council has had several work session discussions regarding amending the City Code
to address all disorderly properties. Recommend approval of the first reading of the
ordinance amending Chapters 4 and 6 of the City Code relating to disorderly properties.
7.4 The Council will consider a resolution awarding the contract for the painting of the waterslide
support structure.
The waterslide support structure is in need of routine maintenance, painting the underside.
Recommend approval of awarding the contract for $29,000 to complete this maintenance
work.
8.Announcements
a.The Parks & Recreation Commission will hold its annual Arbor Day celebration and park clean
up on Wednesday, May 2, at 6:30 p.m. at Kentucky Park.
b.The next City Council meeting is on Tuesday, May 15, at 7 p.m. in the Council Chambers at
City Hall.
Crystal City Council Meeting Agenda
May 1, 2018
Page 3 of 3
c.Crystal Business Association meets on Wednesday, May 16, at 8:30 a.m. at Becker Park.
d.The Crystal Crime Prevention Board is hosting its annual Jail & Bail Fundraiser on Wednesday,
May 16, 11 a.m. – 1 p.m. at the Neighborhood Outreach Office.
e.The Crystal Fund Plant Sale is on Saturday, May 19, 9 a.m. – 2 p.m. at the Crystal Community
Center.
f.The Crystal Airport Open House is Sunday, June 17.
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.
9.Adjournment
10.May 1, 2018 Meeting Schedule
Time Type of meeting Location
6:15 p.m.
First City Council work session to discuss:
2019-20 Budget Preview.
Crystal Ball recap/report.
Conference Room A
7 p.m. City Council meeting Council Chambers
Following the
City Council
meeting
Second City Council work session to discuss:
Chapter 8 of City Code.
Chapters 10-11 of City Code.
36th and Welcome pedestrian crossing study.
Constituent issues 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.
3.1
CITY OF CRYSTAL PROCLAMATION
“NATIONAL POLICE WEEK”
MAY 13-19, 2018
“PEACE OFFICER MEMORIAL DAY”
MAY 15, 2018
WHEREAS, May 13 to May 19, 2018, has been declared nationally as “National Police Week” AND
Tuesday, May 15, 2018 as “Peace Officer Memorial Day”;
WHEREAS, The Crystal Police Department will hold its annual department awards meeting on Monday,
May 14, 2018;
WHEREAS, The Crystal Police Department will partner with the Crime Prevention Board and host a
“Jail and Bail” event on Wednesday, May 16, 2018 from 11 AM to 1 PM at the Neighborhood Outreach
Office;
WHEREAS, The Crystal Police Department will host an annual retiree coffee event on Thursday, May
17, 2018 honoring those officers who have served the citizens of Crystal;
WHEREAS, Law Enforcement Memorial Day serves as a reminder to everyone in the community of the
sacrifice and commitment to duty by peace officers throughout the country on a daily basis;
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, in recognition of “National Police
Week” join with others across the nation to proclaim the City of Crystal’s support and appreciation for
our peace officers and proclaim, Tuesday, May 15, 2018, as “Law Enforcement Officers Memorial Day”
in the City of Crystal to commemorate those law enforcement officers nationwide who have made the
ultimate sacrifice of their lives for the greater good and safety of the community AND encourage the
community to observe “Police Week” and “Peace Officer Memorial Day” with appropriate programs,
ceremonies, activities, and the flying of flags at half staff.
Dated this 1st day of May 2018.
_____________________________
Jim Adams, Mayor
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CITY OF CRYSTAL
PROCLAMATION
PUBLIC WORKS WEEK
May 20 through May 26, 2018
WHEREAS, Public infrastructure in the City of Crystal is an integral
part of our citizens’ everyday lives; and
WHEREAS, the health, safety, and comfort of City of Crystal residents,
visitors and businesses is greatly dependent on public infrastructure and
services; and
WHEREAS, encouraging, understanding, and informed citizenry is vital
to the support of Public infrastructure including transportation, parks,
buildings, forestry, drinking water, sanitary sewers, and surface water; and
WHEREAS, support from the community is essential for the public works
department to obtain the resources and support that is essential to carrying
out the mission; and
WHEREAS, crystal’s public works department is committed to the
mission of design, construction, operation, and maintenance of the city’s
public infrastructure.
NOW, THEREFORE, I JIM ADAMS, MAYOR OF THE CITY OF CRYSTAL do
hereby proclaim the week of May 20 through May 26, 2018 as Public Works
Week and recognize the everyday commitment made by the public works
department to the city’s health, safety, comfort, and overall quality of life.
CRYSTAL CITY COUNCIL
Dated this 1st day of May, 2018.
By:_____________________________
Jim Adams, Mayor
3.2
Crystal City Council meeting minutes April 17, 2018
Page 1 of 5
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
April 17, 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, LaRoche and Parsons.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager
K. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, City Planner
D. Olson, Public Works Director/City Engineer M. Ray, 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 Deshler to approve the
agenda.
Motion carried.
3.Proclamation
3.1 Mayor Adams read a proclamation declaring May 2, 2018 as Arbor Day in the City of Crystal.
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 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 Wate rshed Management
Commission.
4.5 Approval of Resolution No. 2018-50, modifying municipal state aid street designations.
5.1(a)
Crystal City Council meeting minutes April 17, 2018
Page 2 of 5
4.6 Approval of Resolution No. 2018-51, authorizing the Bassett Creek Regional Trail easement
to Three Rivers Park District.
Moved by Council Member Deshler and seconded by Council Member Dahl to approve the consent
agenda.
Motion carried.
5.Open Forum
No public comment was given during open forum.
6.Regular Agenda
6.1 The Council considered approval of disbursements over $25,000 submitted by the f inance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Deshler and seconded by Council Member Budziszewski to
approve the list of disbursements over $25,000.
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried.
6.2 The Council considered a resolution authorizing the solicitation of bids to construct a softball
field and related amenities in Welcome Park.
Recreation Director John Elholm addressed the Council.
Moved by Council Member Parsons and seconded by Council Member LaRoche to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 52
APPROVING ADVERTISEMENT FOR BIDS
WELCOME PARK SOFTBALL FIELD DEVELOPMENT
PROJECT #2018-09
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
6.3 The Council considered a resolution approving a conditional use permit for an impound l ot
at 5232-5240 Hanson Ct. N.
City Planner Dan Olson addressed the Council. Applicant Mark Master, owner of Master Real
Estate LLC, addressed the Council and answered questions.
Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
5.1(a)
Crystal City Council meeting minutes April 17, 2018
Page 3 of 5
RESOLUTION NO. 2018 – 53
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR A VEHICLE IMPOUND LOT
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
6.4 The Council considered a resolution approving a preliminary and final plat of Myrtle Acres
to create two lots for new home construction at 6501 and 6505 31 st Ave. N.
City Planner Dan Olson addressed the Council.
Moved by Council Member Deshler and seconded by Council Member Parsons to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 54
APPROVING MYRTLE ACRES PRELIMINARY AND FINAL PLAT
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
6.5 PUBLIC HEARING
City Planner Dan Olson addressed the Council and provided a presentation regarding vacating
a drainage and utility easement at 6511 31 st Ave. N.
Mayor Adams opened the public hearing for testimony. There being no one wishing to
appear before the Council to give testimony, Mayor Adams declared the public hearing
closed.
Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 55
VACATING A DRAINAGE AND UTILITY EASEMENT
ON LOTS 5 AND 6, BLOCK 3, SUNNYVIEW HILLS
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
5.1(a)
Crystal City Council meeting minutes April 17, 2018
Page 4 of 5
6.6 The Council considered a resolution approving a variance to reduce the rear yard setback
at 5612 Adair Ave. N.
City Planner Dan Olson addressed the Council.
Moved by Council Member Deshler and seconded by Mayor Adams to adopt the following
resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 56
APPROVING A VARIANCE FOR 5612 ADAIR AVENUE NORTH
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
6.7 The Council considered first reading of an ordinance amending Chapter 5 (Unified
Development Code).
City Planner Dan Olson and Community Development Director John Sutter addressed the
Council and answered questions. The property owners of 5717 West Broadway, Drew and
Terri Kabanuk, also addressed the Council and answered questions.
Moved by Mayor Adams and seconded by Council Member Dahl to adopt the following
ordinance (with amended language to allow vehicle rental as an accessory to an allowed use
within the commercial district), the reading of which was dispensed with by unanimous
consent:
ORDINANCE NO. 2018 – 01
AMENDING CHAPTERS V AND VII OF THE CRYSTAL CITY CODE
RELATED TO THE UNIFORM DEVELOPMENT CODE AND PUBLIC UTILITIES
And further, that the second and final reading will be held on May 1, 2018.
By roll call and voting aye: Kolb, LaRoche, Parsons, Adams and Dahl.
Voting nay: Deshler and Budziszewski.
Motion carried 5-2.
6.8 The Council considered a resolution authorizing the capital purchase of a tractor-backhoe.
Public Works Director/City Engineer Mark Ray addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following ordinance, the reading of which was dispensed with by unanimous consent:
5.1(a)
Crystal City Council meeting minutes April 17, 2018
Page 5 of 5
RESOLUTION NO. 2018 – 57
APPROVING THE PURCHASE OF A TRACTOR BACKHOE
Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons.
Motion carried, resolution declared adopted.
7.Announcements
The Council made several announcements about upcoming events.
8.Adjournment
Moved by Council Member LaRoche and seconded by Council Member Deshler to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:38 p.m.
__________________________________
Jim Adams, Mayor
ATTEST:
_________________________________________
Chrissy Serres, City Clerk
5.1(a)
Crystal City Council first work session minutes April 17, 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 6:30 p.m. on April 17,
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, Deshler, Kolb, LaRoche and Parsons.
Absent: Dahl.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, City Attorney T. Gilchrist, Fire Chief S. Larson, Public Works
Director/City Engineer M. Ray, Recreation Director J. Elholm, Police Chief S. Revering and
City Clerk C. Serres.
II.Agenda
The Council and staff discussed 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 6:44 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
5.1(b)
Crystal City Council second work session minutes April 17, 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 8:51 p.m. on April 17,
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, LaRoche and Parsons.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter,
Public Works Director/City Engineer M. Ray, Police Chief S. Revering and City Clerk C.
Serres.
Others present: SEH Project Manager Aaron Ditzler.
II.Agenda
The Council and staff discussed 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.
III.Adjournment
The work session adjourned at 10:14 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
5.1(b)
Crystal City Council work session minutes April 19, 2018
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the work session of the Crystal City Council was held at 6:32 p.m. on April 19, 2018 in
the Community Room, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the
meeting to order.
I.Attendance
The city manager recorded the attendance for City Council members and staff:
Council members present: Adams, Budziszewski, Dahl, Deshler, LaRoche and Parsons.
Absent: Kolb.
Planning Commissioners present: Heigel, Daly, Einfeldt-Brown, Johnson, Maristany, Sears
and Selton.
Absent: Buck and Strand.
City staff present: City Manager A. Norris, Community Development Director J. Sutter and
City Planner D. Olson.
II.Agenda
The Council and staff discussed the following agenda items:
1.Housing Gap and Market Analysis.
2.Proposed Transit Oriented Development ordinance.
3.Potential pedestrian and bicycle improvements.
III.Adjournment
The work session adjourned at 8:32 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris
City Manager
5.1(c)
Page 1 of 1
City of Crystal Council Meeting
May 1, 2018
Applications for City License
Massage Enterprise & Therapist
Sokope Mbayo DBA Healing Hands Massage, 5701 Kentucky Ave N, Suite 106, Crystal MN 55428
Rental – New
3712 Adair Ave N – Lilmanie Petamar (Conditional)
4807 Hampshire Ave N – Tim and Leah Austin (Conditional)
5717 Perry Ave N – Elias Gonzalo and Sarah Davila (Conditional)
Rental – Renewal
4212 Brunswick Ave N – Crystal Holdings LLC (Conditional)
4555 Brunswick Ave N – Sean Leintz
3816 Colorado Ave N – Randall and Diana Romsdahl (Conditional)
4357 Douglas Dr N – Andrew and Janet Prest
5944 Elmhurst Ave N – Patrick D Archer (Conditional)
4529 Hampshire Ave N – L R Gomsrud Revoc Liv Trust (Conditional)
5301 Hampshire Ave N – Flowers Estate Trust (Conditional)
2826 Idaho Ave N – Jeff Reiser
3116 Idaho Ave N – Karen Maroney Boehne
2718-2720 Jersey Ave N – Brian Cook (Conditional)
5132 Lakeside Ave N – Luisa Wiegand (Conditional)
3421 Major Ave N – Royalty Estates LLC
3425 Major Ave N – William L Feist (Conditional)
5704 Orchard Ave N – Andrew and Lillian Moris (Conditional)
5716 Pennsylvania Ave N – R Truelson (Conditional)
5616 Wilshire Blvd – Daniel A Andresen
5625 Yates Ave N – Yee Mun Leong (Conditional)
6028 36th Ave N – R Truelson (Conditional)
4710 58th Ave N #101 – Twin Lake North Condo Association
5.2
CITY OF CRYSTAL
RESOLUTION NO. 2018 - _____
RESOLUTION ACCEPTING DONATIONS FROM
MINNEAPOLIS ELKS LODGE #44 AND
RUDOLPH PRIEBE POST 172
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or
personal property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to
accept the following donations:
Donor Purpose Amount
Minneapolis Elks Lodge #44 Crystal Airport Open House $750
Rudolph Priebe Post 172 Crystal Airport Open House $500
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the
above-named for their generous donations.
Dated: May 1, 2018
By: __________________________
Jim Adams, Mayor
ATTEST:
__________________________
Chrissy Serres, City Clerk
5.3
MEMORANDUM
DATE: April 17, 2018
TO: Crystal City Council
City Manager Anne Norris
FROM: Administrative Services Coordinator Trudy Tassoni
SUBJECT: Application for Special Permit for Wine/Beer at Becker Park
Judith Morales Tellez has applied for a special permit to serve wine/beer at Becker Park on
Saturday, May 12, 2018, from 4-10 p.m. for up to 50 guests to attend a graduation party.
She reserved Becker Park through the Crystal Recreation Department, under Park Permit
Number 2784.
Council Action Requested
As part of the Consent Agenda on May 1, 2018, approve the Special Permit for Wine/Beer
submitted by Judith Morales Tellez.
Her application is available for review in the city clerk’s office.
COUNCIL STAFF REPORT
Consent Agenda: Special Permit for Wine/Beer
Council Meeting 05/01/2018
5.4
PAGE 1 OF 2
_____________________________________________________________________
FROM: John Sutter, Community Development Director _____________________________________________________________________
DATE: April 26, 2018
TO: Anne Norris, City Manager (for May 1 Council work session)
SUBJECT: Blue Line Extension (Bottineau LRT) 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’sprojectExample: 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 builtas part of the BLX projectOnly one such facility in Crystal: June Avenue water main south of 36 thSee next page and attachments for details
3. Metro Transit pays for inspection services provided in-house by another agencyCrystal will be reimbursed for city staff field inspection time but the amount is notexpected to be significant
Each specific work item (for example, the June Avenue water main) will have a separate Subordinate Funding Agreement to be considered by the city as the project gets further along.
The Master Funding Agreement was discussed at work sessions on January 16 and April 17. Between January and April: Staff and the city attorney reviewed the proposed agreement and coordinated theirresponse with Robbinsdale The project office informed staff that a 6% design fee will be charged in addition tothe 3% administration fee
COUNCIL STAFF REPORT Blue Line Extension (Bottineau LRT) Master Funding Agreement
5.5
PAGE 2 OF 2
For the June Avenue water main, 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 conditionIt would be more expensive for us to replace it as a small, stand-alone project due tocontractor mobilization, excavation, reconstruction of June Avenue and related expenses (Metro Transit is covering those costs as part of their project)The 3% administration fee and 6% design fee are relatively low (for example, wecharge adjacent cities 20% to cover administration and design when we have a jointproject on the border) All in all, it’s simply the right thing to do
REQUESTED COUNCIL ACTION
Approval of the attached Master Funding Agreement is requested.
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LW11‐C Watermain 1 of 15.5
Reference Numbers: BLRT Project: 61403 Metropolitan Council: 17IXXX City of: Crystal
Page 1 of 20 515798v4 TJG CR205-30
PROJECT: METRO BLUE LINE EXTENSION LIGHT RAIL TRANSIT PROJECT AGREEMENT NAME: Master Funding Agreement – City of Crystal
PARTIES: Metropolitan CouncilCity of Crystal, Minnesota
This Master Funding Agreement (“Agreement”) is entered into by and between the Metropolitan Council (“Council”), a public corporation and political subdivision of the State of Minnesota, and the City of Crystal (“City”), a Minnesota municipal corporation, herein collectively referred to as the “Parties” and individually as a “Party”. This Agreement pertains to the Council’s proposed Metro Blue Line Extension Light Rail Transit (“BLRT”) Project, referred to hereafter as the “Project”.
WHEREAS: 1. The Council, metropolitan area cities, public agencies, and transit funders are engaged inactivities to develop the Project. The planned METRO Blue Line Extension would operateon approximately 13.5 miles of new double track from downtown Minneapolis to thenorthwest serving the communities of Minneapolis, Golden Valley, Crystal, Crystal andBrooklyn Park.
2. The Council anticipates receiving grants from the Federal Transit Administration (“FTA”)for engineering and construction of the Project under a Full Funding Grant Agreement(“FFGA”) with the FTA.
3. The Council is a party to a Cooperative Funding Agreement for project development,project development continuation, and engineering with the Hennepin County RegionalRailroad Authority (“HCRRA”) for the Project. The Council expects to enter a futureCooperative Funding Agreement with HCRRA for construction of the Project.
4. The Council has received grants from the Counties Transit Improvement Board (“CTIB”)for work through April 2018 for the project development and engineering phases for theProject.
5. The City may be involved in certain activities or possibly provide materials in connectionwith and in support of the Project, and the Council may desire to pass through federal, CTIB, or local funds to the City for costs associated with such Project activities and/or materials.
6. The City may provide funding for certain non-FFGA components which may be installedas part of, or during, Project Construction. The details of these future actions will becaptured in Subordinate Funding Agreements to this Agreement.
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515798v4 TJG CR205-30
7. This Agreement is entered into between the Parties to provide a mechanism for the transferof Project funds from the Council to the City for activities undertaken by the City for theProject (Part One), and for the transfer of City funds to the Council for components relatedto, but not currently part of, the Project (Part Two). In addition, this Agreement establishesgeneral provisions applicable to transfers from either Party to the other (Part Three).
NOW, THEREFORE, the Parties hereby agree as follows:
PART ONE
ARTICLE 1. PURPOSE
The purpose of this Part One of this Agreement is to provide: a. A method for the transfer of funds from the Council to the City for activitiesperformed or materials supplied by the City in connection with and in support of theProject; and b. Contractual provisions that address compliance with federal and state laws andregulations as well as Council procedures including, without limitation, federalrequirements for the monitoring of the City's Project activities using federal grantfunds.
ARTICLE 2. SUBORDINATE FUNDING AGREEMENTS TRANSFERRING FUNDS FROM COUNCIL TO CITY 2.01 Transfer of Funds from Council to City. The Council will transfer Project funds to the City for the Project activities performed by the City. The transfer of funds from the Council to the City shall be in accordance with Subordinate Funding Agreements executed pursuant to this Article 2, each of which shall state the specific purpose for the funds, the City’s responsibility with respect to those funds, and establish who will own any assets constructed or remaining upon completion of the work. Each such Subordinate Funding Agreement, in conjunction with this Agreement, shall be determined by the Council to constitute a subrecipient or vendor agreement with the Council for the purposes of any federal grant funds transferred to the City. The Council shall bear no responsibility for any costs incurred by the City for the Project that exceeds the amounts committed by Subordinate Funding Agreements as such agreements may from time to time be amended.
2.02 Subordinate Funding Agreements. In accordance with Section 2.01, the Parties shall enter into Subordinate Funding Agreements to facilitate the funding by the Council of Project activities to be performed by the City. The Parties anticipate that there may be multiple such Subordinate Funding Agreements between them in connection with the Project. Each Subordinate Funding Agreement shall be in a form substantially similar to that attached as Exhibit A and shall follow and be subject to the terms of Part One and Part Three of this Agreement, unless otherwise expressly agreed to in writing. Notwithstanding any other provisions of this Agreement, this Agreement itself is not intended to create a specific financial obligation for either Party or to require either Party to enter into any specific Subordinate Funding Agreements, and no liability shall attach to either Party under this Agreement for
5.5
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515798v4 TJG CR205-30
refusing to enter into one or more subsequent Subordinate Funding Agreements.
2.03 Implementation of Subordinate Funding Agreements. The Council will only reimburse the City for Project activities that are the subject of a Subordinate Funding Agreement. Prior to entering a contract with any third party (including for the acquisition of property rights) to accomplish the City’s reimbursable activities, or prior to authorizing any City employees to proceed with any reimbursable activities, the City shall present a work scope (including a work schedule), staffing plan, and detailed budget for such services or expenditures to the Council for review and approval (the “Scope and Schedule”). This Scope and Schedule will form the basis of the Council’s Subordinate Funding Agreement.
2.04 Council Determination of Vendor or Subrecipient Relationship. The Council shall determine whether each Subordinate Funding Agreement is a subrecipient or vendor agreement. The Council shall state its determination in the Subordinate Funding Agreement. For subrecipient agreements, the City will be responsible to FTA for compliance with applicable federal laws, regulations, and deliverables. For vendor agreements, the Council will be responsible for compliance with applicable federal laws, regulations, and deliverables.
2.05 Modifications of Subordinate Funding Agreements. The following provisions apply to modifications of any Subordinate Funding Agreement: a. Re-budgeting within an approved budget is allowable without further amendment ofthis Agreement or any subsequent Subordinate Financing Agreement, as long as thebudget is within the maximum amount of authorized funding.b. Modifications in work scope, if within the approved budget, are authorized whenapproved in writing by the Project Directors, as defined in Section 6.12 herein. c. Any other modifications to a Subordinate Funding Agreement shall require a writtenamendment of the Subordinate Funding Agreement executed by the Parties. d. Modification requests should be sent to the Project Directors.
2.06 Transfer of Project Funds to the City Under Subordinate Funding Agreements. The Council shall pay the City under Subordinate Funding Agreements asfollows: a. Unless specifically agreed to by the Parties in and for a particular SubordinateFunding Agreement, payment to the City for Project costs under each SubordinateFunding Agreement shall be on a reimbursement basis based upon the submittal of invoices satisfactorily evidencing the expenditure of funds by the City for the Project.b. Unless specifically agreed to otherwise by the Parties in and for a particularSubordinate Funding Agreement, the City shall submit separate monthly invoices foreach outstanding Subordinate Funding Agreement to the following address:Attn: Accounts Payable Blue Line Extension LRT Project Office 5514 West Broadway, Suite 200 Crystal, MN 55428
or to such other address or person as the Council may designate by notice in writing.
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515798v4 TJG CR205-30
c. Each invoice shall reference the sequential number of the Subordinate FundingAgreement under which the invoice is to be paid.d. Each invoice shall include the following if the corresponding Subordinate FundingAgreement was determined by the Council to create a subrecipient relationship:i. Subrecipient Payment Request Form (Form C-22A-BPO) as shown in ExhibitB, ii. Subrecipient Monthly Progress Report (Form BPO P1) as shown in Exhibit B,and iii. Itemization of the expenditures for which payment is requested using theSubrecipient Invoice Detail (Form BPO F1) as shown in Exhibit B, along withsupporting documentation. e. Each invoice shall include the following if the corresponding Subordinate FundingAgreement was determined by the Council to create a vendor relationship:i. BPO Payment Request Form (either Engineering-Consultant or Construction)1) Engineering-Consultant Payment Request Form (Form C22A) as shown inExhibit B for engineering related expenses, or2) Construction Payment Request Form (Form C21A) as shown in Exhibit Bfor construction related expenses, ii. A description of activities undertaken in accordance with the SubordinateFunding Agreement, andiii. An itemized list of the expenditures for which payment is requested, along withany supporting documentation. f. If a Disadvantaged Business Enterprise (“DBE”) goal applies to the work performedunder a Subordinate Funding Agreement, invoices shall include a DBE ReportingForm as shown in Exhibit B, or such other format as may be prescribed by theCouncil, and shall include the information required by Section 4.06(e) of this Agreement. g. After receipt of an invoice, the Council may request additional information from theCity regarding the invoice in order to verify the accuracy and appropriateness of theexpenditures for which reimbursement is requested or as required by the FTA for reporting purposes. h. Upon receipt of an invoice, the Council will make prompt payment of undisputedamounts as required by Minnesota Statutes, Section 471.425. Under either 49 C.F.R.§ 18.22 or Minnesota State Statutes Section 471.425, the Council may dispute or denypart or all of any invoice payment request if it reasonably believes that the requested payment does not conform to the terms of this Agreement and the applicableSubordinate Funding Agreement. The Parties will promptly meet to review anddiscuss any disputed or denied payment requests and the dispute resolution processoutlined in Section 6.11 of this Agreement will ensue if the Parties cannot agree. Ifthe Council does not pay the invoiced amount within 35 days of its receipt, theCouncil shall pay interest on the non-disputed amount at the rate of 1-1/2 percent permonth.
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515798v4 TJG CR205-30
i. No invoice payment shall be made by the Council without prior amendment to theapplicable Subordinate Funding Agreement, if such invoice payment would causedistribution of Project funds to exceed, cumulatively through such payment, themaximum amount of authorized funding under the applicable Subordinate FundingAgreement.j. Distribution of any funds to the City pursuant to an invoice, or approval of any report,shall not be construed as a Council waiver of any City noncompliance with thisAgreement or the applicable Subordinate Funding Agreement.
2.07 Repayment of Unauthorized Use of Project Funds. Upon a finding by the Council, following an audit, that the City has made an unauthorized or undocumented use of Project funds, and upon a demand for repayment issued by the Council and supported by the reason for the finding, if the City agrees, the City shall promptly repay such amounts to the Council. If the City disputes any amounts for which the Council seeks repayment, the Parties will promptly meet to review and discuss any challenged use of funds already paid and the dispute resolution process outlined in Section 6.11 will ensue if the Parties cannot agree. Neither Party shall be deemed to have waived any rights or remedies available under state law, federal law, common law, or otherwise. 2.08 Prompt Payment to Subcontractors. Where the Parties have agreed to compensation on terms other than a reimbursement basis, as provided in Section 2.06(a) of this Agreement, the terms of this Section shall apply. Consistent with Minnesota Statutes, Section 473.142(f), if the City subcontracts any portion of the work under this Agreement or Subordinate Funding Agreements, the City shall pay such subcontractor within 10 Days of City's receipt of payment from the Council for undisputed services provided by the subcontractor. The City shall not, by reason of said payments, be relieved from responsibility for work done by the subcontractor and shall be responsible for the entire work under this Agreement or Subordinate Funding Agreement until the same is finally accepted by Council.
ARTICLE 3. REQUIREMENTS FOR PROJECT FUNDED WORK 3.01 Allowable Costs; Unspent Funds. The City is authorized to use funds provided by the Council pursuant to the terms of this Agreement and per the terms of the Subordinate Funding Agreements only for allowable costs directly incurred for the Project. Allowable costs will be determined in accordance with the documents referenced in Section 4.05. Funds provided by the Council in Subordinate Funding Agreements may only be used for costs directly incurred: a. within the authorized work scope,b. during the project activity period, andc. in accordance with the approved budget for the funds.
Any funds provided to the City under this Agreement and applicable Subordinate Funding Agreements which remain unspent after completion of the relevant Project activity shall be promptly repaid to the Council.
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515798v4 TJG CR205-30
3.02 Documentation of Project Costs. All costs charged to the Project by the City must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges per the requirements of Section 4.02 of this Agreement.
3.03 Establishment of Capital Assets. If Capital Assets, as defined by FTA and determined by the Council in a Subordinate Funding Agreement, are procured by or provided to the City under a Subordinate Funding Agreement, invoices shall include an Asset Tracking Log as shown in Exhibit B, or such other format as may be prescribed, in writing, by the Council.
3.04 Establishment and Maintenance of Project Information. The City agrees to establish and maintain accurate, detailed, complete, and separate books, accounts, financial records, documentation, and inspection and quality assurance reports produced by City staff and/or contractors, and other evidence relating to the receipt and expenditure of all Project funds. All such Project information shall be established and maintained in accordance with generally accepted government accounting principles and practices and shall be retained intact by the City until the latest of: a. complete performance of this Agreement and all Subordinate Funding Agreementsentered into pursuant thereto;b. six years following the term of this Agreement and all Subordinate FundingAgreements entered into pursuant thereto;c. six years following the close out of the Project by the Council and the FTA; ord. if any litigation, claim, or audit is commenced during any such periods, when all suchlitigation, claims or audits have been fully resolved, including all opportunities for appeal or further review.
If the City engages any contractors to perform any part of the Project activities, the City agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Project information in accordance with the provisions of this Article and to allow audit of such information in the same manner provided with respect to the City in Section 3.05.
The provisions of this Section 3.04 shall survive termination of this Agreement.
3.05 Reimbursed Costs Audit. The accounts and records of the City relating to the reimbursable costs for the Project shall be audited in the same manner as all other accounts and records of the City are audited. During the time of maintenance of information under Section 3.04, authorized representatives of the Council, the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, Section 16C.05, subdivision 5, the United States Secretary of Transportation, the FTA Administrator, and the United States Comptroller General in accordance with 49 U.S.C. Section 5325(g) will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. Proper facilities for such access and inspection shall be provided by the City.
The provisions of this Section 3.05 shall survive termination of this Agreement.
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3.06 Contract Information. The City shall, in connection with any contract entered into for the Project: a. Keep the Council informed as to the progress of such contract;b. Allow authorized representatives of the Council access to all meetings anddocumentation related to such contract, pursuant to applicable law; andc. Upon request, promptly provide the Council with copies of correspondence betweenthe City and the contractor related to such contract. For purposes of this requirement,the Council shall designate, in writing, the appropriate contact person who shall becopied on all electronic correspondence related to the contract administration by theCity.
ARTICLE 4. FEDERAL REQUIREMENTS 4.01 Federal Requirements. Monies that may be provided to the City by the Council pursuant to this Agreement may be funded in whole or in part by the FTA. The requirements in this Article 4 are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Agreement. If any requirement in this article is inconsistent with a provision found elsewhere in this Agreement and is irreconcilable with such provision, the requirement in this Article 4 shall prevail.
4.02 Incorporation of Federal Grant. As the Council receives federal grants, including a potential Full Funding Grant Agreement, with respect to the Project, the Council will provide the City with a copy of each grant. The terms of each grant and any amendments shall be automatically incorporated by reference into this Agreement without further action by the Parties. These grants are collectively referred to in this Agreement as the “Federal Grants.” When performing work or expending funds for Project activities, the City agrees to comply with all applicable terms and conditions of the Federal Grants received by the Council with respect to the Project. 4.03 Incorporation of Specific Federal Requirements. Specifically, and without limitation, the City agrees to comply with the federal requirements set forth in Exhibit C and agrees to require, unless specifically exempted, third party contractors at every tier to comply with the same.
4.04 Federal Certifications and Assurances; Execution and Incorporation. The City agrees to comply with and to certify compliance with the most recent version of the federal Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements if determined by the Council to be a subrecipient in a Subordinate Funding Agreement. The City must certify compliance with the applicable provisions by signing the appropriate certification(s) and returning the signed certification(s) as part of the execution of the applicable Subordinate Funding Agreement. During the term of the applicable Subordinate Funding Agreement, the Council shall provide to the City the annual Federal Certifications and Assurances document, which the City shall execute and return to the Council.
4.05 Compliance with Federal Requirements; Incorporation of Specific Documents by Reference. The City agrees to comply with all federal statutes, rules, FTA
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Circulars, and Executive Orders which may be applicable to the Federal Grants. In particular, the City agrees to comply with the terms and conditions of the current version of the following documents when performing work or expending funds for Project activities under this Agreement or any Subordinate Funding Agreement: a.FTA Master Agreementb.Uniform Administrative Requirements for Grants and Cooperative Agreements toState and Local Governments, 49 C.F.R. Part 18 c.Grant Management Requirements, FTA Circular 5010.1Dd.Full-Funding Grant Agreements Guidance, FTA Circular 5200.1Ae.Third Party Contracting Requirements, FTA Circular 4220.1Ff.Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87g.Audits of States, Local Governments, and Non-Profit Organizations, OMB CircularA-133as such statutes, rules, circulars, and executive orders may hereafter be amended or modified. The listed documents are incorporated by reference into this Agreement. Copies of these documents are available on the FTA website or, upon request by the City, from the Council.
4.06 Third Party Contracts. If the City decides to fulfill any of its obligations or duties under a Subordinate Funding Agreement through a third-party contract to be paid for by funds received under this Agreement, the City agrees to the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement.
a.Compliance with Federal Procurement Requirements. The City will comply withall applicable federal law, rules, and guidance relating to such procurement including, without limitation, the provisions of the most current version of the Third PartyContracting Requirements, FTA Circular 4220.1F, which document is incorporatedby reference into this Agreement. A copy of this document is available on the FTA website or, upon request by the City, from the Council.
b.Certification of City’s Procurement System. The City certifies that its procurementsystem complies with the standards described in the previous paragraph.
c.Council Approval of Contracts. The City shall not execute any third-party contractor otherwise enter into a binding agreement until it has first received written approvalfrom the Council. The Council’s approval of any such third-party contract is solelyfor the benefit of the Council and shall not relieve the City of the responsibility to ensure that such contracts are in the proper form and include all state and federalrequirements. Additionally, a Subrecipient Contract Initiation Memo, as shown inExhibit B, is required to be executed prior to any procurement over $50,000. Requests to enter into agreements should be sent to the Project Director. d.Inclusion of Provisions in Lower Tier Contracts. The City agrees to includeadequate provisions to ensure compliance with applicable federal requirements ineach lower tier subcontract financed in whole or in part with monies from the Project
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provided under this Agreement including all applicable provisions of this Agreement. Provisions to be included in such subcontracts include the provisions in Exhibit C.
e.Disadvantaged Business Enterprise Requirements. For all work performed underPart One of this Agreement, the City will comply with the Council's DBE Program. In particular, the City agrees to comply with the requirements of the Council's "Disadvantaged Business Enterprise Pass Through Agreement and Program"document which is attached to and made a part of this Agreement as Exhibit D. Forthe purpose of Exhibit D, the following provisions apply:i. The Metropolitan Council DBE Liaison Officer, or designated staff, shall actas the City DBE Liaison Officer for the purposes of work under Part One of this funding Agreement. ii. The City agrees to submit to the Council for review, approval, andestablishment of the appropriate DBE goal a Subrecipient Contract InitiationMemo, as shown in Exhibit B, for all procurements in excess of $50,000. Noncompliance with DBE requirements may result in sanctions, includingineligibility for reimbursement pursuant to 49 C.F.R. § 18.22. iii. The City will provide reports to the Council reflecting all invoices paid onprocurements for which a DBE goal has been established and identifying allDBE activity on such procurements.iv. The City will report DBE activity, on the Disadvantage Business EnterpriseReporting Form, to the Council on other purchase orders and invoices notincluded above with each Request for Payment.v. DBE eligibility will be based on the most recent DBE Directory from theMinnesota Unified Certification Program.
f.Federal Procurement Basics. The City remains responsible for conforming itsprocurement processes to all applicable federal requirements for funds received fromthe Council under this Agreement and any Subordinate Funding Agreement. 4.07 Provisions Subject to Change. The City acknowledges that federal requirements in this Article 4 are subject to change and agrees that the most recent of these requirements shall govern this Agreement at any particular time.
4.08 No Federal Obligation. Monies provided under this Agreement may be financed in whole or in part by federal funds. However, payments to the City will be made by the Council. Pursuant to the Federal Transit Administration Master Agreement Section 2(f), the United States is not a party to this Agreement and no reference in this Agreement to the United States, the United States Department of Transportation, the FTA, or any representatives of the federal government makes the United States a party to this Agreement. The City shall include this clause in any contracts or Agreements entered into pursuant to this Agreement.
4.09 Special Reporting Requirements. The Council is required to report to the FTA regarding the Project activities. Accordingly, the City agrees to provide the Council with any additional or follow-up information reasonably requested by the Council, in order to meet the Council’s FTA reporting requirements.
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PART TWO
ARTICLE 5. SUBORDINATE FUNDING AGREEMENT TRANSFERRING FUNDS FROM CITY TO COUNCIL 5.01 Purpose. The purpose of Part Two of this Agreement is to provide a method for the transfer of City funds to the Council for components related to but currently not part of the Project, should any such payment be authorized by the City. 5.02 Transfer of Funds Requires Subordinate Funding Agreement. The City may provide funding for components related to but not part of the Project through the transfer of funds to the Council. Each such transfer of funds to the Council from the City shall be in accordance with one or more duly executed Subordinate Funding Agreements, each of which shall define the amount of funds committed by the City to the Council, specify the purpose for the funds, and establish who will own the asset constructed or remaining upon completion of the work. 5.03 Subordinate Funding Agreements. To facilitate funding by the City in accordance with Section 5.01, the Parties shall enter into Subordinate Funding Agreements. Subordinate Funding Agreements shall be in a form similar to Exhibit A and shall follow and be subject to the terms of Parts Two and Three of this Agreement, unless expressly agreed to in writing otherwise. Notwithstanding any other provisions of this Agreement, this Agreement itself is not intended to create a specific financial obligation for either Party or to require either Party to enter into any specific Subordinate Funding Agreements, and no liability shall attach to either Party under this Agreement for refusing to enter into one or more subsequent Subordinate Funding Agreements.
5.04 Implementation of Subordinate Funding Agreements. The City will only reimburse the Council for components related to the Project that are the subject of a Subordinate Funding Agreement. Prior to entering into a contractual obligation with any third party (including for the acquisition of property rights) to accomplish the Council’s obligations reimbursable by the City, or prior to authorizing any Council employees to proceed with any reimbursable actions, the Council shall present a work scope (including a work schedule), staffing plan, and detailed budget for such services or expenditures to the City for review and approval.
5.05 Modifications of Subordinate Funding Agreements. The following provisions apply to any modifications in a particular Subordinate Funding Agreement: a. Re-budgeting within an approved budget is allowable, as long as the budget is withinthe maximum amount of authorized funding.b. Modifications in work scope, if within the approved budget, are authorized whenapproved in writing by the City’s Finance Director, or such other person as the Citymay designate by notice to the Council.c. Any other modifications in a particular Subordinate Funding Agreement, includingany increase in the maximum amount of authorized funding or changes in theapplicable activity period, shall require a formal amendment of the SubordinateFunding Agreement executed by the Parties.
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5.06 Transfer of Funds to the Council Under Subordinate Funding Agreements.The City shall pay the Council under Subordinate Funding Agreements as follows: a. Unless specifically agreed to otherwise by the Parties in and for a particularSubordinate Funding Agreement, payment to the Council for costs under eachSubordinate Funding Agreement shall be on a reimbursement basis after the submittalof invoices evidencing the expenditure of funds by the Council. b. The Council shall submit separate monthly invoices for each outstanding SubordinateFunding Agreement to the following address:
or transmitted as an email attachment in Adobe Acrobat (pdf) format sent to AccountsPayable@crystalmn.gov or to such other City address or person as the City may designate in writing. c. Unless the Parties otherwise agree, the Council shall submit each invoice to the Cityin the standard Council format and shall reference the sequential number of theSubordinate Funding Agreement under which the invoice is to be funded.d. Each invoice must include:i. A description of activities undertaken in accordance with the SubordinateFunding Agreement;ii. An itemized list of the expenditures for which payment is requested; andiii. Any supporting documentation.e. The Council shall add a 3% administrative fee to each invoice to be paid by the City.In the event that this Agreement or the Subordinate Funding Agreement is terminated, the City shall be entitled to reimbursement of any unused portions of theabove fee, based on the itemized accounting required herein.f. After receipt of an invoice, the City may request additional information from theCouncil regarding the invoice to verify the accuracy and appropriateness of theexpenditures for which reimbursement is requested. g. The City shall pay the Council the undisputed invoice amount within 35 days of itsreceipt. The City may dispute all of or any part of an invoice if it reasonably believesthat the requested payment does not conform to the terms of this Agreement or theapplicable Subordinate Funding Agreement. If disputed, the Parties will promptlymeet to review and discuss the disputed or denied payment requests and the disputeresolution process outlined in Section 6.11 of this Agreement will ensue if the Partiescannot agree. Unless the City has disputed the payment of an invoice, if the City doesnot pay the invoiced amount within 35 days of its receipt, the Council shall chargeand the City shall pay interest on the non-disputed amount at the rate of 1-1/2 percentper month. The City shall not withhold the payment of any amount that is not indispute.
City of Crystal – City Hall Accounts Payable 4141 Douglas Drive North Crystal MN 55422-1696
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h. No invoice payment shall be made by the City without prior amendment to theapplicable Subordinate Funding Agreement, which would cause the distribution offunds to exceed, cumulatively through such payment, the maximum amount of authorized funding under the applicable Subordinate Funding Agreement.i. The City’s payment of any invoices or approval of any reports shall not constitute awaiver of any Council noncompliance with this Agreement or the applicableSubordinate Funding Agreement. 5.07 Repayment of Unauthorized Use of Funds. Upon a finding by the City that the Council has made an unauthorized or undocumented use of City funds, and upon a demand for repayment issued by the City and supported by the reason for the finding, if the Council agrees, the Council shall promptly repay such amounts to the City. If the Council disagrees, the Parties will promptly meet to review and discuss any challenged use of funds already paid and dispute resolution pursuant to Section 6.11 will ensue if the Parties cannot agree. Neither Party shall be deemed to have waived any rights or remedies available under state law, federal law, common law or otherwise.
5.08 Use of Funds; Allowable Costs. The Council is authorized to use funds provided by the City under this Agreement only for costs directly incurred under a specific Subordinate Funding Agreement. Funds provided by the City under Subordinate Funding Agreements may only be used for costs directly incurred: a. Within the authorized work scope;b. During the specified activity period; andc. In accordance with the approved budget for the funds.
5.09 Documentation of Costs. All reimbursable costs charged to the City by theCouncil must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges.
5.10 Establishment and Maintenance of Information. The Council agrees to establish and maintain accurate, detailed, complete, and separate books, accounts, financial records, documentation, and other evidence relating to the receipt and expenditure of all funds from the City. All such information shall be established and maintained in accordance with generally accepted government accounting principles and practices and shall be retained intact by the Council until the latest of: a. Complete performance of this Agreement and all Subordinate Funding Agreementsentered into pursuant thereto;b. Six years following the term of this Agreement and all Subordinate FundingAgreements entered into pursuant thereto;c. Six years following the close out of the Project by the Council and the FTA; ord. If any litigation, claim, or audit is commenced during any such periods, when all suchlitigation, claims or audits have been fully resolved, including all opportunities for appeal or further review.
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If the Council engages any contractors to perform any part of the activities reimbursable by the City, the Council agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain information in accordance with the provisions of this Article and to allow audit of such information in the same manner provided with respect to the Council in this Section 5.10.
The provisions of this Section 5.10 shall survive termination of this Agreement.
5.11 Audit. The accounts and records of the Council relating to costs reimbursable by the City shall be audited in the same manner as all other accounts and records of the Council are audited. During the time of maintenance of information under Section 5.10, authorized representatives of the City; the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, Section 16C.05, subdivision 5; the United States Secretary of Transportation; the FTA Administrator, and the United States Comptroller General in accordance with 49 U.S.C. Section 5325(g); will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. Proper facilities for such access and inspection shall be provided by the Council.
The provisions of this Section 5.11 shall survive termination of this Agreement.
5.12 Use of Contractors. If the Council engages any contractors to perform any activities reimbursable by the City under Part Two of this Agreement, the Council agrees that the contract for such services shall include all of the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement. a. The contractor must maintain all records and provide all reporting as required by thisAgreement.b. The contractor must defend, indemnify, and save harmless the City from all claims,suits, demands, damages, judgments, costs, interest, and expenses arising out of or byreason of the performance of the contracted work, caused in whole or in part by anynegligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. c. The contractor must provide and maintain insurance in amounts and types ofcoverage appropriate to the contracted work and naming the City as an additionalinsured, and provide to the Council a certificate of insurance evidencing suchinsurance coverage.d. The contractor must be an independent contractor for the purposes of completing thecontracted work. e. The contractor must acknowledge that the contract between the Council and thecontractor does not create any contractual relationship between the City and thecontractor.
f. The contractor shall perform and complete the contracted work in full compliancewith this Agreement and all applicable laws, statutes, rules, ordinances, and
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regulations issued by any federal, state, or local political subdivisions having jurisdiction over the contracted work. 5.13 Contract Information. The Council shall, in connection with any contract entered into for reimbursable work under Part Two of this Agreement: a. Keep the City informed as to the progress of such contract;b. Allow authorized representatives of the City access to all meetings anddocumentation related to such contract;c. Upon request, promptly provide the City with copies of correspondence between theCouncil and the contractor related to any such contract. For purposes of this requirement, the City shall designate, in writing, the appropriate contact person whoshall be copied on all electronic correspondence related to the contract administration by the Council; and
d. In addition to terms specified in this Agreement, include within the ContractDocuments with the contractor appropriate insurance, indemnification, and liabilityprovisions as negotiated and accepted by the Council and the contractor. The Cityexpects the Contract Documents will include the following: the contractor’s insurancewill list the City as an additional insured under the contractor’s policy with aminimum 30 day cancellation period; the contractor will defend and indemnify theCity; the City will be a beneficiary of the performance and payment bonds; allwarranties will extend to the City; and the City will be a third party beneficiary to thecontract with the contractor with the authority to enforce the provisions of thecontract.
PART THREE
ARTICLE 6. GENERAL PROVISIONS 6.01 Purpose. The purpose of Part Three of this Agreement is to establish the general provisions that apply to this Agreement and each Subordinate Funding Agreement executed by the Parties hereafter. 6.02 Independent Contractors. The Parties agree that any and all persons employed by or on behalf of a Party to perform any work or duties as an agent of a Party under this Agreement shall not be considered employees of the other Party. Any and all claims that may or might arise under the Workers Compensation Act of Minnesota on behalf of said employees or persons while so engaged, and any and all claims made by any third person as a consequence of any act or omission on the part of said employees or persons while so engaged in any of the work contemplated in this Agreement, shall not be the obligation or responsibility of the other Party. This Agreement is not intended to constitute an interchange of government employees within the meaning of Minnesota Statutes, Section 15.51, et seq.
6.03 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all oral agreements and negotiations between the Parties relating to the subject matter of this Agreement. As stated herein, this Agreement depends upon one or more
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Subordinate Funding Agreements for the actual authorization of work or transfer of any reimbursements and the terms of any subsequent Subordinate Funding Agreements shall be considered together with this Agreement.
6.04 Non-Waiver of Immunity and Limits. Nothing in this Agreement shall be construed to waive the immunities or liability limits as applied to each Party hereto, as provided in Minnesota Statutes, Section 3.736, or Minnesota Statutes, Chapter 466, or any other applicable state or federal law. The provisions of Minnesota Statutes, Section 471.59, subdivision 1a, specifically apply to this Agreement.
6.05 Amendments. The terms of this Agreement may be changed only by mutual agreement of the Parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the Parties to this Agreement.
6.06 Non-Waiver. The failure of either Party at any time to insist upon the strict performance of any or all of the terms, conditions, and covenants in this Agreement shall not be deemed a waiver by that Party of any subsequent breach or default in the said terms, conditions, or covenants by the other Party.
6.07 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party.
6.08 Assignment Prohibited. Neither Party shall assign their obligations under this Agreement without receiving the express written consent of the other Party.
6.09 Time. The Parties agree that all obligations undertaken under this Agreement, and with respect to any subsequent Subordinate Funding Agreements entered into by the Parties, will be diligently performed in a manner consistent with the proper exercise of professional care and with due consideration to project timelines and constraints.
6.10 Notices. Except as otherwise expressly provided in this Agreement, all requests, notices, demands, authorizations, directions, consents, waivers or other communications required or permitted under this Agreement shall be in writing and shall either be: a. Delivered in person;b. Deposited postage prepaid in the certified mails of the United States, return receiptrequested;c. Delivered by a nationally recognized overnight or same-day courier service thatobtains receipts; or d. Delivered via email attachment, however such method of notice shall only beeffective upon proof of receipt or acknowledgment of such email.
Such communications shall be directed to the individuals specified below or to such other persons and at such other addresses as either Party may at any time or from time to time
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designate for itself by notice in accordance with this section. Each such request, notice, demand, authorization, direction, consent, waiver or other document shall be deemed to be delivered to a Party when received at its address set forth or designated as above provided.
For the Council: Project Director METRO Blue Line Extension Project Office 5514 West Broadway, Suite 200 Crystal MN 55428
Phone: 612-373-5301
For the City: City Manager City of Crystal 4141 Douglas Drive North Crystal MN 55422-1696
Phone: 763-531-1130
6.11 Dispute Resolution. A dispute resolution process shall be used for any unresolved issue, dispute or controversy between the Parties before any legal remedies are exercised. The dispute resolution process contains a three-level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. The City is represented from Level 1 to 3 in the following order: Public Works Director, City Manager, and the City Council. The Council is represented from Level 1 to 3 in the following order: Deputy General Manager, General Manager, and Regional Administrator. At each level, representatives of the parties shall meet and continue to explore resolution until either party determines, in good faith, that effective resolution is not possible at the current level, and notifies the other party that the process is elevated to the next level. If either or both parties make such a determination at any point during issue resolution at Level 3, then the dispute resolution process has been exhausted. 6.12 Project Director. The Council's Project Director for purposes of administration of this Agreement, and any Subordinate Funding Agreements entered into pursuant to this Agreement, is the person whose title is listed in Section 6.10, or such other person designated in writing by the Council's Regional Administrator. The City's Project Director for purposes of administration of this Agreement and any Subordinate Funding Agreements entered into pursuant to this Agreement is the person whose title is listed in Section 6.10, or such other person designated in writing by the City. The City's Project Director shall: a. Coordinate the carrying out of the City's obligations under this Agreement;b. Coordinate Subordinate Funding Agreement work scope activities with the Council'sProject Director;
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c. Attend meetings called by the Council's Project Director for METRO Blue LineExtension Light Rail Project staff; andd. Complete training to be provided by the Council with respect to Council and federalrequirements under this Agreement and any Subordinate Funding Agreements enteredinto pursuant to this Agreement. 6.13 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings arising out of or relating to this Agreement or any associated Subordinate Funding Agreements, or breach thereof, shall be in the state or federal court with competent jurisdiction in Hennepin County, Minnesota. 6.14 Effective Date and Termination. This Agreement shall be effective upon full signature. This Agreement or a Subordinate Funding Agreement shall terminate upon the earliest of: a. Completion of construction of the Project and reimbursement of all costs provided forin this Agreement and all Subordinate Funding Agreements entered into pursuantthereto;b. A determination by the Council that the Project or Subordinate Funding Agreementcannot proceed;c. A determination by the City that a Subordinate Funding Agreement transferring Cityfunds to the Council cannot proceed, however this Agreement may not be terminated if a Subordinate Funding Agreement is outstanding; ord. A determination by the Council that sufficient funds do not exist, or are notreasonably projected to exist, in order to complete the Project or a SubordinateFunding Agreement. e. The Council providing ninety days (90) advance written to the City that it isterminating this Agreement or any Subordinate Funding Agreement.
The City agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the City by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA. Project closeout or termination of this Agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the City's obligation to return any funds determined to be due to the Council.
The Council agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the Council by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA. Project closeout or termination of this Agreement does not alter the City’s authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Council's obligation to return any funds determined to be due to the City.
6.15 Exhibits. All attached exhibits are deemed to be incorporated into this Agreement.
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6.16 Breach by City. If City materially breaches the terms, covenants, or conditions which this MFA requires City to perform, Council will notify City of the breach within a reasonable time after Council becomes aware of the breach. City will then be given a reasonable time period to cure the breach. If the breach is not cured within 90 days, then senior management from City and Council will meet in good faith to discuss the breach and the measures taken to remedy it. If the meeting between senior management from Council and City doesn’t result in a cure or a plan to effect a cure that is satisfactory to Council, then Council may terminate this MFA upon 90 days’ written notice to the City. If circumstances dictate that the breach must be cured immediately and Council is forced to cure the breach, City will reimburse Council for the reasonable costs of effecting the remedy. Council retains the right to collect any damages from City that occurred as a result of City’s breach.
6.17 Breach by Council. If Council materially breaches any of the terms, covenants, or conditions which this MFA requires Council to perform, City will immediately notify Council of the breach. Council will then be given a reasonable time period to cure the breach. If the breach is not cured within 90 days, then senior management from City and Council will meet in good faith to discuss the breach and the measures taken to remedy it. If the meeting between senior management from Council and City doesn’t result in a cure or a plan to effect a cure that is satisfactory to City, then City may terminate this MFA upon 90 days’ written notice to Council. If circumstances dictate that the breach must be cured immediately and City is forced to cure the breach, Council will reimburse City for the reasonable costs of effecting the remedy.
6.18 Data Practices. The Parties will comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, collected, received, stored, used, maintained, or disseminated in accordance with this Agreement. The civil remedies of Minnesota Statutes, section 13.08, apply to the release of the data referred to in this section by either Party.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW.]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the dates indicated below. Furthermore, this Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
CITY OF CRYSTAL, MN By: ________________________________ Its: Mayor
Date: ______________________________
By: ________________________________ Its: City Manager Date: ______________________________
METROPOLITAN COUNCIL By: _____________________________
Its:
Date: _________________________
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LIST OF EXHIBITS
Exhibit Description A1 Form of Subordinate Funding Agreement (City to pay Council_ A2 Form of Subordinate Funding Agreement (Council to pay City) B Sample Forms C Specific Federal Clauses D Disadvantaged Business Enterprise Pass Through Agreement and Program
5.5
G:\Brenda\Accts Payable\Check over $25,000\Checks over $25,000 Memo.xls
DATE:April 25, 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 - EFTPS Federal & FICA withholding taxes for 4/20/18 pay date $51,827.34
Metropolitan Council Environ Serv May waste water service costs $127,413.34
PERA Employee and city required contributions for 4/20/2018 pay date $50,809.59
$230,050.27
Description
7.1
MISCELLANEOUS AMENDMENTS TO THE CITY CODE
PAGE 1 OF 4
______________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Anne Norris (for May 1 Meeting)
DATE: April 26, 2018
RE: Consider second reading of an ordinance revising chapters 4 (building
regulations), 5 (unified development code) and 7 (sewer system) of the
city code and adoption of a resolution approving summary language of
the ordinance for publication
A.BACKGROUND
At the May 1, 2018 City Council meeting the Council is being asked to give a second reading
to the ordinance amendments for chapter 5 (unified development code). The first reading of
this ordinance by the Council took place on April 17, 2018. Smaller amendments are in
chapter 7 relating to accessory dwelling units (ADU) and in chapter 4 to delete the previous
sign code that was replaced with a new sign code in chapter 5. Some of the amendments
were requested by the City Council, while others are to correct or clarify existing requirements.
At the April 17, 2018 City Council meeting, the Council reviewed two recommendations from
the Planning Commission on the code amendments:
1.Accessory dwelling units. For an accessory dwelling unit, the Commission
recommended requiring that the property owner reside on the property. On April 17
the Council decided not to require the property owner to reside on the premises.
Attachment A reflects this Council decision.
2.Expansion of vehicle sales and lease area. The Commission recommended the
Council not expand the boundary for sales or leasing of vehicles north of Bass Lake
Road. This expansion was to allow U-Haul to lease vehicles at 5717 West
Broadway Avenue (the former Thriftway grocery store). On April 17 Council
directed staff to prepare an amendment to allow leasing of vehicles as an accessory
use within the Commercial or Industrial zoning districts.
After the City Council meeting, U-Haul provided more specific information about how
they would use the property at 5717 West Broadway. U-Haul indicated that they
COUNCIL STAFF REPORT
City Code Amendments – Chapters 4, 5 and 7
7.2
MISCELLANEOUS AMENDMENTS TO THE CITY CODE
PAGE 2 OF 4
are proposing to re-purpose the building for a self-storage facility and would also
store U-Haul trucks on-site as an accessory use. U-Haul indicated that they would
not lease vehicles from the property – that leasing would occur at their existing store
at 5465 Lakeland Avenue North. Staff informed U-Haul that these proposed uses
are currently allowed without City Council approval and that a zoning code
amendment would not be needed. Attachment A reflects the removal of the
previous U-Haul request to expand the boundaries for sale and leasing of vehicles.
U-Haul retains the option to request a code amendment in the future if they desire to
add leasing at 5717 West Broadway.
Attachments:
A.Proposed amendments to chapters 4, 5 and 7
B.Resolution approving summary ordinance
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.
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 and
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.
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MISCELLANEOUS AMENDMENTS TO THE CITY CODE
PAGE 3 OF 4
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. 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.
6. 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.
7. Nonconforming signs
This amendment refers to a specifically defined term in the UDC – abandoned
signs – to clarify this sign removal requirement.
8. 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.
7.2
MISCELLANEOUS AMENDMENTS TO THE CITY CODE
PAGE 4 OF 4
9. 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.
10. Screening
Staff has added some clarifying language to the city’s screening requirements.
11.Parking
This amendment aligns the requirements for parking lot setbacks with the
requirements for parking lot landscaped areas. Staff also a dded a requirement
for a driveway permit, which was required in the former zoning code.
12. 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.
13. 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 17, 2018 City Council meeting the Council approved the first reading of the
revised chapters 5 of the city code (unified development code) and the amendments to
chapters 4 and 7 of the city code. The proposed schedule for adopting a new ordinance
is as follows:
May 10 Summary of ordinance published
June 9 Effective date of ordinance
City Council actions requested:
1.Second reading and adoption of the ordinance in attachment A
2.Adoption of the resolution in attachment B summary publication
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520668v5 AMB CR225-423
Attachment A
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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520668v5 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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520668v5 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
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520668v5 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.
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.
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520668v5 AMB CR225-423
(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;
(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
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520668v5 AMB CR225-423
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:
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:
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520668v5 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
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)
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 - -
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520668v5 AMB CR225-423
Table 3: Permitted Principal Uses
Use Category and Use
Type
P = Permitted Use
C = Conditional Use
-= Not Permitted
Base Zoning Districts
Use-Specific
Standards in
Section:
R -1
R -2
R -3
C
I AP
Day Care Facilities,
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)
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:
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520668v5 AMB CR225-423
Table 5: Permitted Temporary Uses and Structures
Use Category and Use
Type
P = Permitted Use
-= Not Permitted
Base Zoning Districts
R -1
R -2
R -3
C
I AP
Allowable
Duration (per
site)
Permit
Required
Use-
Specific
Standards in
Section:
Construction Dumpster
P P P P P P
180 days, until
full, or until a
certificate of
occupancy is
issued,
whichever
occurs first
No 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
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
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Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial Industrial AP
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 (“DBH”), which is measured at four and one-half feet above the
ground, 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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520668v5 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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(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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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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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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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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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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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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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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Attachment B
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2018-__
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2018-___
WHEREAS, the Crystal City Council adopted Ordinance No. 2018-___ “An Ordinance
Amending Chapters V and VII of the Crystal City Code Related to the Uniform Development Code
and Public Utilities” (the “Ordinance”) at its meeting held on May 1, 2018; and
WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal
City Code indicate that ordinances approved by the City Council will be published in summary
form and that the City Council is to approve the form of the summary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the
following summary language is hereby approved for publication of the Ordinance:
CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE AMENDING CHAPTERS V AND VII
OF THE CRYSTAL CITY CODE RELATED TO THE UNIFORM DEVELOPMENT
CODE AND PUBLIC UTILITIES
SUMMARY OF ORDINANCE No. 2018-___
Ordinance No. 2018-___ has been approved by the city council on May 1, 2018. A printed copy
of the full text of the ordinance is available for public inspection in the office of the city clerk.
The ordinance amends Chapter V of the Crystal City Code by revising the unified
development code. It updates and amends certain zoning regulations, subdivision
regulations, floodplain regulations, sign regulations, and other land use regulations. The
ordinance also deletes Section 405 of the Crystal City Code regarding signs and amends
Chapter VII of the Crystal City Code by adding language requiring certain cleanout
locations for sanitary sewer service lines.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do
each of the following:
1.Publish the approved summary language once in the City’s official newspaper;
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2.Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of
the summary language in the City’s ordinance book;
3.Make the full text of the Ordinance available for public inspection in the office of the City Clerk
during the City’s regular business hours;
4.Incorporate the text of the Ordinance into the Crystal City Code; and
5.Post the updated Crystal City Code on the City’s website.
Adopted this 1st day of May, 2018.
______________________________
Jim Adams
Mayor
ATTEST:
_______________________________
Chrissy Serres
City Clerk
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Memorandum
DATE: May 1, 2018
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Contract for the painting of the waterslide support structure
Background
The 2017 capital budget included the replacement of the railings for the waterslide and
allocated $45,000 for this work. Staff were able to do this work in-house for a cost of
$11,959.42 in materials. While replacing the railings it was quite obvious that the support
structure for the waterslides needed to be repainted. Additionally, the waterslides had been re-
coated recently, so the painting of the structure would finish off the refreshing of the
waterslide feature.
The proposed work includes the preparation of the rusted areas to be painted, removes loose
rust, prime all the areas that had to be prepared for painting, paint all the column and arm
supports for the water slides with an epoxy paint.
Quotes
Rainbow Inc. $29,855
Sunrise Painting and Wallcovering, Inc. $42,000
Cost
The railing project was significantly under budget due to the work being done by staff.
$33,040.58 is still available in the budget for that project and is proposed to be used to cover
the painting of the superstructure.
Attachments
•Quote from Rainbow Inc.
Recommended Action
Motion to approve the resolution awarding the contract for the painting of the waterslide
support structure.
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RESOLUTION NO. 2018- _____
AWARDING THE CONTRACT FOR THE PAINTING OF
THE WATERSLIDE SUPPORT STRUCTURE
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities
in the City; and
WHEREAS, the superstructure of the waterslide needs to be painted; and
WHEREAS, painting of the superstructure will not only improve the appearance of the
waterslide but is also a necessary maintenance activity; and
WHEREAS, adequate funds are available in the Buildings Capital Fund for this purchase;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the
contract with Rainbow Inc. for $29,885 for the preparation and painting of the waterslide support
structure.
Adopted by the Crystal City Council this 1st day of May 2018.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 27, 2018
City Council
Second Work Session Agenda
May 1, 2018
Following the City Council 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 May 1, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Budziszewski ____ Norris
____ Dahl ____ Therres
____ Deshler ____ Gilchrist
____ Kolb ____ Ray
____ LaRoche ____ Revering
____ Parsons ____ Sutter
____ Adams ____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Chapter 8 of City Code.
2. Chapters 10-11 of City Code.
3. 36th and Welcome pedestrian crossing study.
4. Constituent issues update.
5. New business.*
6. 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: May 1, 2018
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Pedestrian crossing of 36th Ave at Welcome Ave check in
Summary
The City has received concerns about the pedestrian crossing of 36th Avenue at Welcome Avenue.
Various crosswalk signage has been installed in the past and Crystal police officers routinely conduct
traffic enforcement along the 36th Avenue corridor. Even with the measures taken and the proactive
work by the Crystal police department, concerns persist regarding the safety of the crosswalk. Earlier
this year the City contracted with TranSmart/EJM to conduct a review and evaluation of the crosswalk.
TranSmart/EJM’s work is now complete and ready for a project update for the Council.
Study recommendations
• Trim trees* on the southwest corner for increased visibility of the crosswalk (* private trees)
• Reduce sign clutter on the east (westbound) approach to the crossing
• Remove the existing pedestrian warning (W11-2) signs in advance of the crossing
• Provide training and recommend upgraded hand-held flags (that read STOP) to the RiverTree school
for use when using the crosswalk
• Suggest increasing the use of the signalized pedestrian crossing at the intersection of 36th Ave N and
Hwy 100 southbound ramps
• Realign the crosswalk to shorten the crossing distance and make for a wider median refuge
(requires replacing the curb ramps and detectable warning fields on the northeast and
southeast side of the intersection)
• Extend the raised median through the realigned crosswalk to provide a curb cut refuge for the
pedestrians/bicyclists as well as a location for additional crossing warning signs
• Upgrade the crossing warning signs to include solar powered pedestrian activated flashing LEDs
integrated within their border
• Add street lighting on the south side of 36th Ave
Attachment
• Pedestrian Crossing Study memo
Recommended Action
No formal action is needed. Staff would like direction from the Council to proceed with developing an
implementation plan for the study recommendations.
Pedestrian Crossing Study
36th Avenue North & Welcome Avenue North
City of Crystal, MN
Spring 2018
Introduction
The City of Crystal contracted with TranSmart / EJM Corporation to review the existing
pedestrian crossing of 36th Ave N at Welcome Ave N in response to public comment received
regarding the safety concerns at the crossing. Volume, crash and speed data were gathered for
the subject intersection. Additional public input was gathered, a field review was conducted
and a routine school aged pedestrian group crossing was observed. A range of
recommendations have been provided for the City’s consideration.
Existing Conditions
Intersection Layout
The intersection of 36th Ave N and Welcome Ave N is located in the eastern portion of the City
of Crystal near its border with the City of Robbinsdale. Welcome Ave N is a two-lane roadway
with sidewalk running along the east side of the roadway at the intersection. 36th Ave N is a
four-lane roadway as it approaches the subject intersection from the west. 36th Ave transitions
into a four-lane divided roadway just east of the intersection. In addition, a third eastbound
lane (for right turning vehicles onto Hwy 100 South) begins at the subject intersection. Along
36th Ave existing sidewalk runs along both the north and south sides of the street. Just east of
the crosswalk there is a painted median area (beginning at 8 feet in width and growing to
approximately 13 feet in width where the raised concrete median starts). This painted area is
typically used by pedestrians and bicyclists as a place of refuge while crossing 36th Avenue by
allowing for them to cross one direction of travel at a time (often referred to as a two-stage
crossing).
Figure 1 – Aerial Image of Intersection
source: Google Maps
36th Avenue N
Crossing Information
The crosswalk is 6-foot-wide and marked with the continental style marking characterized by its
blocks. A single pedestrian crossing warning sign with downward arrow is located at each end
of the crosswalk (on the right-hand side of the road of each approach). During the summer
months, in-street pedestrian crossing signs are added to the crossing. Additionally, there are
advance pedestrian crossing warning signs located approximately 300 feet upstream along 36th
Ave N.
On the south side of 36th Ave N a City trail meets up with the sidewalk approximately 160 feet
east of the subject crosswalk. This trail connection is the northern most access point for this
trail system that connects to public lands at Bassett Creek Park, Bassett Creek Dog Park, and the
recently completed Three Rivers Park District Bassett Creek Regional Trail.
The signalized intersection of Highway 100 and 36th Avenue is the next nearest marked crossing
of 36th Ave N and is located approximately 315 feet to the east. To the west, the nearest
marked crossing of 36th Avenue N is the signalized intersection with Douglas Drive, located
approximately 2,400 feet to the west.
Volume Data
According to MnDOT’s 2016 count data, the average annual daily traffic on 36th Ave N is 18,300
vehicles per day (vpd). Welcome Ave N carries 1,100 vpd south of the subject intersection and
760 vpd to the north. A 2016 count conducted by the City of Crystal on 36th Ave N indicated a
peak hour two-way total volume of traffic of 1,931 vehicles per hour (vph).
It is estimated that the largest hourly pedestrian volume to use this crossing is a result of
activities associated with nearby RiverTree school. Twice a year, approximately 60 middle and
high school aged students use this crossing as part of their conditioning route. More routinely,
however, around 16 elementary aged students and 2 adults use this crossing on Monday
afternoons throughout the school year when traveling to/from Centennial Gardens to
volunteer. To aid in the safe crossing of these school aged children, a handful of students within
the group are outfitted with safety vests and the adult chaperones enter the crosswalk in
advance of the students with orange flags. Once traffic has stopped on all approaches, the
students are allowed to utilize the crosswalk.
Speed Data
The City of Crystal collected speed data in the summer of 2016 just east of the subject
intersection. The posted speed limit on 36th Ave N is 30 mph. The average speed was measured
to be 28 mph for eastbound vehicles and 32 mph for westbound vehicles. While these average
speeds fall at or near the posted speed limit, 16% of eastbound traffic and 33% of westbound
traffic is travelling at least 5 miles over the posted speed limit. It is important to note that the
location of the data collected is heavily influenced by the signalized intersection. The data
should not be viewed as representative of traffic trends along the 36th Avenue corridor, but
localized speed trends near the Welcome Ave crosswalk.
Table 1 – 2016 Speed Study Results
Speeds Exceeded Eastbound Westbound
25 mph 70.4% 90.6%
35 mph 15.9% 32.9%
45 mph 0.5% 1.3%
source: City of Crystal
Crash Data
Crash data was retrieved from MnCMAT (Minnesota Crash Mapping Analysis Tool) for the years
of 2007 through 2015. Twenty-four (24) crashes occurred at or near the intersection of 36th Ave
N and Welcome Ave N during those eight years. Four of the twenty-four crashes involved
pedestrians or cyclists, three of which were in the subject crossing and struck by eastbound
vehicles (one traveling east bound on 36th Ave N, one making a left turn from the north
approach of Welcome Ave N, and one making a right turn from the south approach to Welcome
Ave N).
Bus Data
Metro Transit Route 14 stops at the intersection of 36th Ave N and Welcome Ave N. Recent
Automatic Passenger Counters (APC) data from Metro Transit showed two riders on/off for
northbound route 14 and four (4) riders on/off for the southbound route at the subject
intersection. There is a bench for waiting passengers located on the northeast corner of the
intersection.
Public Input
Public input was sought as part of the process for identifying issues and concerns. A meeting
was held with the president of RiverTree school and members of the project team. Additionally,
the project team, including Crystal Police Department staff, spent time in the field observing
the weekly Monday student crossing. The City of Crystal distributed a flyer at Centennial
Gardens, posted it at the subject crossing and on the City’s Facebook page inviting public
comment.
Figure 2 – City of Crystal Request for Feedback Flyer
In total, nineteen (19) individuals responded to the request to provide input. The most
prominent issues identified through the phone calls and emails were the following:
1) The speed of drivers on 36th Avenue perceived to be exceeding the posted speed limit,
2) Low compliance to the statutory requirement to stop for a pedestrian in the crosswalk –
some of which is believed to be a result of fear that they will be rear ended by the
vehicle behind them,
3) Lack of gaps in traffic (perceived to be resultant in particular from drivers not adhering
to the ‘No Right Turn on Red’ sign at the southbound Hwy 100 ramps), and
4) Concerns about drivers having too many distractions competing for their attention as
they enter the intersection, in particular vehicles headed towards Hwy 100.
Alternatives Considered
Signalized/Active Crossing Alternatives
The project team developed a number of alternatives based on reviewing the existing
conditions and citizen input. Active crossing alternatives such as a signalized intersection and a
pedestrian hybrid beacon (often referred to as a HAWK) were considered, however these
alternatives have minimum vehicular and pedestrian/cyclist thresholds. The existing pedestrian
crossing counts do not exceed the threshold volumes.
Figure 3 – Pedestrian Hybrid Beacon Volume Requirements
Source: MN MUTCD
Crosswalk Alternatives
Multiple options for crosswalk location were considered. Moving the crosswalk to the west side
of the intersection would serve to separate the pedestrians from the vehicles turning from
Welcome Ave N and headed towards Hwy 100. This would, however, put the pedestrians on
the opposite side of Welcome Ave N than the existing sidewalk and bus stop and, more
importantly, eliminate the opportunity for pedestrian refuge mid-crossing of 36th Avenue.
It is possible to shorten the crossing distance by realigning the existing, somewhat diagonal
crosswalk to provide a more direct route across 36th Avenue N. In addition, this option provides
a larger area of pedestrian refuge as the median space increases to the east of the subject
intersection. The realignment option would, however, slightly move the crosswalk closer to the
MNDOT owned/operated intersection of 36th Ave N and Hwy 100 South which has a signalized
pedestrian crossing on the west side of the intersection. National crosswalk spacing standards
suggest a minimum of 300 feet and with the realigned crosswalk, the spacing on 36th would be
275 feet.
Signing Alternatives
Rectangular Rapid Flash Beacons (RRFB) were re-authorized for use by the Federal Highway
Administration on March 20th, 2018. RRFBs utilize rectangular-shaped high-intensity light-
emitting-diode (LED)-based indications that flash rapidly in a combination wig-wag and
simultaneous flash pattern. A review of common placement practices amongst several local
agencies indicated a strong recommendation against their placement at spacing less than 300
feet from the nearest signalized crossing.
Other lower cost alternatives to the RRFB have also entered the market in recent years as a
response to the success of such devices. Variations include signs with integrated LEDs in the
border (shown below) as well as mounting an 8 or 12-inch single pedestrian activated beacon
over the warning sign.
Figure 4 - BlinkerSign® Pedestrian Crosswalk Systems
Source: TAPCO
Recommended Improvements
Based upon the findings of the field review and study of the volume and crash data for the
crossing at the intersection of 36th Ave N and Welcome Ave N, we offer the following
recommendations:
Immediate Considerations:
• Trim trees on the southwest corner for increased visibility of the crosswalk
• Reduce sign clutter on the east (westbound) approach to the crossing
• Remove the existing pedestrian warning (W11-2) signs in advance of the crossing
• Provide training and recommend upgraded hand-held flags (that read STOP) to the
RiverTree school for use when using the crosswalk
• Suggest increasing the use of the signalized pedestrian crossing at the intersection of 36th
Ave N and Hwy 100 Eastbound ramps
Figure 5 – Intersection Photos
Left: West Approach Right: East Approach
Near Term Improvements:
• Realign the crosswalk to shorten the crossing distance and make for a wider median
refuge (requires replacing the curb ramps and detectable warning fields on the
northeast and southeast side of the intersection)
• Extend the raised median through the realigned crosswalk to provide a curb cut refuge
for the pedestrians/bicyclists as well as a location for additional crossing warning signs
• Upgrade the crossing warning signs to include solar powered pedestrian activated
flashing LEDs integrated within their border
Figure 6 – Near Term Improvements Sketch
Long Term Improvements:
• Add street lighting on the south side of 36th Ave N
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