2018.11.08 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Nov. 2, 2018
City Council Meeting Schedule
Thursday, Nov. 8, 2018
Time Type of meeting Location
6:30 p.m. City Council work session to discuss:
• Chapter 13 of the City Code. Conference Room A
7:00 p.m. City Council meeting Council Chambers
Immediately
following the
City Council
meeting
City Council work session to discuss:
• 2019 – 2020 Budget Review.
• 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: Nov. 2, 2018
City Council
First Work Session Agenda
Thursday, Nov. 8, 2018
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the first work session of the Crystal City Council was held at ______ p.m. on November 8, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Deshler ____ Norris
____ Kolb ____ Therres
____ LaRoche ____ Gilchrist
____ Parsons ____ Revering
____ Adams
____ Budziszewski
____ Dahl
II. Agenda
The purpose of the work session is to discuss the following agenda item:
1. Chapter 13 of the City Code.
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.
543551v1 TJG CR225-423
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: November 1, 2018 (November 8, 2018 Worksession)
Re: Revised Chapter 13 (Traffic, Motor Vehicles, and Other Vehicles)
The City Council has reviewed and given direction on Chapter 13 at its October 11, 2018
worksession and it is back before you to explain the changes made since that worksession as it is
scheduled for first reading at the November 8, 2018 regular City Council meeting. The
following summarizes the substantive changes made from the previous version. If the City
Council has any further directions for changes, I can express that as part of introducing the
ordinance at the first reading and then revise the ordinance for the second reading.
The following is a summary of the changes made:
• 1310.05, subd. 4: Replaced snow emergency with snow event and reworded the
subdivision;
• 1310.05, subd. 5: Clarified the no parking in a park parking lot is limited to semi-trucks
and trailers;
• (NEW) 1310.15: Added a new subsection to address “shared mobility devices” (bikes
and scooters) as to where they may not be left and creating a process for the city to
impound them and charge a fee to reclaim them. Note the restrictions on locations are
limited to public right-of-ways and public property;
• 1325.15, subd. 4: Deleted the provision that capped the total number of vehicles allowed
on a driveway or auxiliary space;
• 1325.15, subd. 10: Removed the six week display limitation and the requirement that
spoke to the past use of the vehicle displayed for sale;
• 1335.07: Deleted the helmet requirement;
• 1340: Streamlined the language on skateboards; and
2
543551v1 TJG CR225-423
• (NEW) 1345: Added language regarding food trucks to indicate where they can be
operated and establishes some minimum performance standards. If a food truck is to be
located in a city street as part of a special event or operated in a city parking lot or park, a
permit from the city is needed. The 21 day limitation reflects statutory language.
As always, I will be happy to answer any questions and, as mentioned above, there remains an
opportunity to make further changes to this chapter between first and second reading if the City
Council so desires.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
City Council Meeting Agenda
Thursday, Nov. 8, 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. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature, in a
single motion:
3.1 Approval of the minutes from the following meetings:
a. The City Council work session on Oct. 11, 2018.
b. The City Council meeting on Oct. 16, 2018.
c. The City Council work sessions on Oct. 16, 2018.
3.2 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.
3.3 Approval of a resolution accepting the following donations:
a. $217.83 from donation boxes for Crystal Police K-9 Unit.
3.4 Approval of a resolution donating Becker Park playground equipment to Kids Around the
World.
3.5 Approval of a resolution amending the 2018 delinquent assessment roll for the property at
5203 Angeline Ave. N.
3.6 Approval of the resolution adopting the Financial Management Plan.
3.7 Approval of updated Parks and Recreation Commission meeting bylaws.
3.8 Accept resignation of Shelley Appel from Community Outreach Task Force.
Crystal City Council Meeting Agenda
Nov. 8, 2018
Page 2 of 4
4. 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.)
5. Regular Agenda
5.1 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.
5.2 The Council will consider resolutions declaring diseased trees a public nuisance at 6911
Dudley Ave. N., 3257 Florida Ave. N. and 4818 Xenia Ave. N.
Earlier this year, staff received complaints regarding potential diseased trees on the named
properties. Samples from the suspect trees were tested and found to be positive for Dutch
elm disease, which is considered a public nuisance. The property owners of the three
properties were sent notice of this finding and an order to remove the diseased trees. Prior
to taking action on the resolutions declaring the diseased trees to be public nuisances on
the three properties, the City Council should hear any comments from the property
owners.
5.3 The Council will consider a resolution awarding the contract for demolition of the Becker Park
building.
In order to move forward with the Becker Park storm water and park improvement project,
the existing Becker Park building needs to be removed. Several quotes were received for
this project. Recommend approval of awarding the contract to the low bidder, Kevitt
Excavating.
5.4 The Council will consider the Utility Rate study.
During last year’s utility rate discussion the City Council requested a total review of utilities
to be sure rates were based on consumption. The City Council has reviewed the proposed
Utility Rate study at several work sessions. Recommend approval of the Utility Rate study.
5.5 The Council will consider a resolution approving the 2019 utility fee schedule.
As part of the Utility Rate study, the City Council reviewed various scenarios for the 2019
utility rates at recent work sessions. Recommend approval of the resolution approving the
2019 utility fee schedule.
Crystal City Council Meeting Agenda
Nov. 8, 2018
Page 3 of 4
5.6 The Council will consider the first reading of an ordinance amending Chapter 12 of the City
Code relating to alcohol.
At its October 16 work session the City Council reviewed the proposed updated Chapter 12
of the City Code. Recommend approval of the first reading of the ordinance amending
Chapter 12 of the City Code.
5.7 The Council will consider the first reading of an ordinance amending Chapter 13 of the City
Code relating to Traffic, Motor and Other Vehicles.
The City Council has discussed updates to Chapter 13 at several work sessions (including
one immediately before the November 8 Council meeting). Recommend approval of the
first reading of the ordinance amending Chapter 13 of the City Code.
5.8 The Council will consider the first reading of an ordinance amending Chapter 20 of the City
Code relating to Misdemeanors.
Last month, the City Council reviewed changes to Chapter 20 of the City Code. Recommend
approval of the first reading of the ordinance amending Chapter 20 of the City Code.
5.9 The Council will consider the 2019 – 2020 labor agreement with the Law Enforcement Labor
Services (LELS), Local 44 (Police Officers).
Assistant Manager Kim Therres negotiated a 2019 – 2020 labor agreement with LELS, Local
44 (Police Officers). The wage and benefit adjustments are consistent with those approved
by the City Council for LELS, Local 56 (Police Supervisors) and non-represented employees.
Recommend approval of execution of the 2019 – 2020 contract with LELS, Local 44.
6. Announcements
a. City offices will be closed Monday, Nov. 12 in observance of the Veterans Day holiday.
b. The City Council will have a special meeting to canvass the results of the 2018 municipal
elections, followed by a work session, on Thursday, Nov. 15 at 6:30 p.m. in Conference Room
A at City Hall.
c. The next Citizen Input Time is Tuesday, Nov. 20 at 6 p.m. in Conference Room A at City Hall.
d. The next City Council meeting is Tuesday, Nov. 20 at 7 p.m. at Crystal City Hall.
e. Crystal Business Association meeting is Wednesday, Nov. 21, at 8:30 a.m. at Christina’s Child
Care, 5510 West Broadway.
f. City offices will be closed Thursday, Nov. 22 and Friday, 23 in observance of the Thanksgiving
Day holiday.
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.
Crystal City Council Meeting Agenda
Nov. 8, 2018
Page 4 of 4
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.
7. Adjournment
8. Nov. 8, 2018 Meeting Schedule
Time Type of meeting Location
6:30 p.m. City Council work session to discuss:
• Chapter 13 of the City Code. Conference Room A
7 p.m. City Council meeting Council Chambers
Immediately
following the
City Council
meeting
City Council work session to discuss:
• 2019-2020 Budget Review.
• Constituent issues update.
• New business.*
• Announcements.*
Conference Room A
* Denotes no supporting information included in the packet.
Have a great weekend; see you at Thursday’s meeting.
Crystal City Council work session minutes Oct. 11, 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 6:31 p.m. on Oct. 11, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the
meeting to order.
I.Attendance
The city manager recorded the attendance for City Council members and staff:
Council members present: Kolb, LaRoche, Parsons, Adams and Budziszewski.Absent: Deshler and Dahl.
City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Community
Development Director J. Sutter, Finance Director J. McGann and Public Works Director/City
Engineer M. Ray.
II.Agenda
The Council and staff discussed the following agenda items:
1.Draft of City Code Chapter 13.
2.Soils at 2949 Yukon.
3.Utility rate study.
4.2019 fee schedule.
5.Long term capital plan.
6.Financial policies.
The work session adjourned at 9:02 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris, City Manager
3.1(a)
Crystal City Council meeting minutes Oct. 16, 2018
Page 1 of 6
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
Oct. 16, 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 assistant city manager to call the roll for elected officials. Upon roll call, thefollowing attendance was recorded:
Council members present: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl.Absent: LaRoche.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, Public WorksDirector/City Engineer M. Ray, Finance Director J. McGann and Police Chief S. Revering.
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 Parsons and seconded by Council Member Dahl to approve the agenda.
Motion carried.
3.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
3.1 Approval of the minutes from the following meetings:
a.The City Council meeting on Oct. 2, 2018.
b.The City Council work session on Oct. 2, 2018.
3.2 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.
3.3 Approval of Resolution No. 2018-118, accepting the following donation:
a.$585.10 from Crystal Fund for Community Progress for annual plantings.
3.4 Approval of Resolution No. 2018-119, authorizing an application for Hennepin County Youth
Sports Grant for the Becker Park improvement project.
3.5 Approval of Resolution No. 2018-120, designating city check signers.
3.6 Approval of Resolution No. 2018-121, amending the Approved Tree List.
3.7 Approval of a special permit for beer at Lions Valley Place Park for a cyclocross bike race on
Sat., Nov. 3 from noon to 9 p.m., submitted by Andrew Barlage of USA Cycling, Inc.
3.1(b)
Crystal City Council meeting minutes Oct. 16, 2018
Page 2 of 6
3.8 Approval of a special permit for beer at Bassett Creek Park for a cyclocross bike race on
Saturday, Nov. 17 and Sunday, Nov. 18 from 10 a.m. – 6 p.m. submitted by Ryan Larson of
Birchwood Bike and racing Team.
Moved by Council Member Deshler and seconded by Council Member Kolb to approve the consent
agenda.
Motion carried.
4. Open Forum
The following person addressed the Council during Open Forum:
• Ray Gruber of 3551 Xenia Ave. N., regarding property thefts from vehicles.
5. Public Hearing
5.1 The Mayor announced the purpose of the public hearing:
To receive comment and consider a resolution adopting the assessment roll for the 2018
delinquent accounts.
Finance Director Jean McGann addressed the Council.
The Mayor opened the public hearing for testimony. The following person addressed the
Council:
• Abdirahman Adam of 5203 Angeline Ave. N., asking for forgiveness of assessment.
There being no one else wishing to appear before the Council to give testimony, Mayor
Adams declared the public hearing closed.
Moved by Council Member Kolb and seconded by Council Member Deshler to adopt the
following resolution (excluding the property at 5203 Angeline Ave. N.), the reading of which
was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 122
RESOLUTION ADOPTING ASSESSMENT ROLL FOR 2018 DELINQUENT ACCOUNTS Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
6. Regular Agenda
6.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Deshler and seconded by Council Member Budziszewski to
approve the list of disbursements over $25,000.
3.1(b)
Crystal City Council meeting minutes Oct. 16, 2018
Page 3 of 6
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried.
6.2 The Council considered approval of a site plan for construction of an indoor self-storage
facility at 5702 West Broadway.
City Planner Dan Olson addressed the Council.
Moved by Council Member Kolb and seconded by Council Member Parsons to approve a site
plan for construction of an indoor self-storage facility at 5702 West Broadway.
By roll call and voting aye: Kolb, Parsons, Adams, Budziszewski and Dahl. Voting nay: Deshler. Absent, not voting: LaRoche.
Motion carried 5-1.
6.3 The Council considered a resolution to release a declaration relating to 2012 site plan
approvals for Herzing University at 5702 West Broadway.
City Planner Dan Olson addressed the Council.
Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 123
RESOLUTION APPROVING THE RELEASE OF A
DECLARATION OF RESTRICTIVE COVENANTS
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
6.4 The Council considered a resolution approving the Final Plat of IP3 AF Properties to
consolidate two lots comprising 5702 West Broadway.
City Planner Dan Olson addressed the Council.
Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 124
RESOLUTION APPROVING THE FINAL PLAT OF
IP3 AF PROPERTIES
3.1(b)
Crystal City Council meeting minutes Oct. 16, 2018
Page 4 of 6
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
6.5 The Council received a presentation on the preliminary 2019 budget and property tax levy
and provided an opportunity for public input.
Finance Director Jean McGann addressed the Council.
The following person addressed the Council:
• Burt Orred of 6700 60th Ave. N., regarding how appreciation of properties impacts
property tax levies.
6.6 The Council considered second reading and adoption of an ordinance amending Chapters 10
and 11, a resolution for summary publication, and a resolution inserting administrative
penalties for licensed businesses in Appendix IV.
City Attorney Troy Gilchrist addressed the Council.
Moved by Council Member Deshler and seconded by Council Member Kolb to adopt the
following ordinance:
ORDINANCE NO. 2018 – 05
AN ORDINANCE AMENDING CHAPTERS X AND XI OF THE CRYSTAL CITY CODE
RELATED TO THE GENERAL LICENSING REQUIREMENTS
AND REQUIREMENTS FOR CERTAIN BUSINESSES
And further, that this is the second and final reading.
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried.
Moved by Council Member Deshler and seconded by Council Member Kolb to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 125
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2018-05
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
Moved by Council Member Kolb and seconded by Council Member Dahl to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
3.1(b)
Crystal City Council meeting minutes Oct. 16, 2018
Page 5 of 6
RESOLUTION NO. 2018 – 126
RESOLUTION INSERTING ADMINISTRATIVE PENALTIES
FOR LICENSED BUSINESSES IN APPENDIX IV
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
6.7 The Council considered a resolution approving the 2019 Fee Schedule (Appendix IV of the City
Code).
Finance Director Jean McGann addressed the Council.
Moved by Council Member Parsons and seconded by Council Member Dahl to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 127
RESOLUTION APPROVING THE
2019 FEE SCHEDULE (APPENDIX IV OF THE CITY CODE)
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche. Motion carried, resolution declared adopted.
6.8 The Council considered a resolution authorizing the repurchase of 2949 Yukon Ave. N.
Community Development Director John Sutter addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt
the following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 128
RESOLUTION APPROVING THE
REPURCHASE OF 2949 YUKON AVE N
By roll call and voting aye: Kolb, Parsons, Budziszewski and Deshler. Voting nay: Adams and Dahl. Absent, not voting: LaRoche.
Motion carried 4-2, resolution declared adopted.
6.9 The Council considered the 2019-2020 Labor Agreement with Law Enforcement Labor
Services (L.E.L.S.), Local 56 Police Supervisors.
Assistant City Manager/Human Resources Manager Kim Therres addressed the Council.
3.1(b)
Crystal City Council meeting minutes Oct. 16, 2018
Page 6 of 6
Moved by Council Member Budziszewski and seconded by Council Member Deshler to
approve the authorization of executing the 2019-20 labor agreement with LELS, Local 56.
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried.
6.10 The Council considered approving the 2019 wages and benefits for non-represented
employees.
Assistant City Manager/Human Resources Manager Kim Therres addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Dahl to approve
the 2019 wage and benefit adjustments for non-represented employees.
Voting aye: Deshler, Kolb, Parsons, Adams, Budziszewski and Dahl. Absent, not voting: LaRoche.
Motion carried.
6.11 The Council considered a resolution awarding the contract for the 2019 sewer lining project.
Public Works Director/City Engineer Mark Ray addressed the Council.
Moved by Council Member Parsons and seconded by Council Member Dahl to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2018 – 129
AWARD CONTRACT FOR SANITARY SEWER
CIPP LINING PROJECT #2019-01
Voting aye: Deshler, Kolb, Parsons, Adams and Dahl. Abstention: Budziszewski. Absent, not voting: LaRoche.
Motion carried, resolution declared adopted.
7. Announcements
The Council made several announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:37 p.m.
__________________________________
Jim Adams, Mayor
ATTEST: _________________________________________ Kimberly Therres, Assistant City Manager
3.1(b)
Crystal City Council first work session minutes Oct. 16, 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 6:34 p.m. on Oct. 16, 2018
in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the
meeting to order.
I.Attendance
The assistant city manager recorded the attendance for City Council members and staff:
Council members present: Deshler, Parsons, Adams, Budziszewski and Dahl.Absent: Kolb and LaRoche.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm and Police
Chief S. Revering.
II.Agenda
The Council and staff discussed the following agenda item:
1.Chapter 12 of the City Code.
The work session adjourned at 6:46 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kim Therres, Assistant City Manager
3.1(c)
Crystal City Council second work session minutes Oct. 16, 2018
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the second work session of the Crystal City Council was held at 8:45 p.m. on Oct. 16,
2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the
meeting to order.
I.Attendance
The assistant city manager recorded the attendance for City Council members and staff:
Council members present: Deshler, Parsons, Adams, Budziszewski and Dahl.Absent: Kolb and LaRoche.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm and Public
Works Director/City Engineer M. Ray.
II.Agenda
The Council and staff discussed the following agenda items:
1.Becker Park improvement project update.
2.Constituent issues.
3.City manager monthly check in.
4.New business.
5.Announcements.
The work session adjourned at 9:02 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kim Therres, Assistant City Manager
3.1(c)
Page 1 of 2
City of Crystal Council Meeting
November 8, 2018
Applications for City License
Rental – New
3149 Winnetka Ave. N – Sarah and Taylor Doolittle
Rental – Renewal
3306 Adair Ave. N. – Restart Inc.
4401 Adair Ave. N. – JDA Group LLC (Conditional)
4409 Adair Ave. N. – JDA Group LLC (Conditional)
5017 Angeline Ave. N. – Clifford J Benson
5319 Angeline Ave. N. – Brett Johnson
5330 Angeline Ave. N. – Mark and Amber Lange (Conditional)
6425 Cloverdale Ave. N. – Surinder Mohan Sharma
6720 Cloverdale Ave. N. – Robert Hovland (Conditional)
4367 Colorado Ave. N. – Restart Inc.
4517 Colorado Ave. N. – Blake Nucera
4529 Colorado Ave. N. – JDA Group LLC
3157 Douglas Dr. N. – Drew and Terri Kabanuk (Conditional)
3237-3241 Douglas Dr. N. – R L Pfeiffer & A J Pfeiffer (Conditional)
3335 Douglas Dr. N. – Drew and Terri Kabanuk
5450-5500 Douglas Dr. N. – Cedarwood Investors LLC (Conditional)
5000 Fairview Ave. N. – Faye Case (Conditional)
6602-6606 Fairview Ave. N. – James Lehto (Conditional)
4213 Hampshire Ave. N. – Iuliyan Damyan (Conditional)
5700 Hampshire Ave. N. – Todd Campbell
2947 Jersey Ave. N. – Janani Thayalan and Thayalan Suntharalingam (Conditional)
3541 Kyle Ave. N. – Joseph Thomas (Conditional)
4832 Louisiana Ave. N. – Aquila Properties LLC
4908 Quail Ave. N. – Dawn Doll (Conditional)
7225 Valley Pl. N. – Bradley Rosenberger
3100 Virginia Ave. N. – Todd & Yanhua Wusands
3301 Welcome Ave. N. – Ben and Jessamyn Hangsleben (Conditional)
3625 Welcome Ave. N. – Maury Beaulier (Conditional)
4301 Welcome Ave. N. – Fresh Start Properties 3 LLC (Conditional)
5825 West Broadway – Adam Hardy (Conditional)
5900-5920 West Broadway – Virginian Partners LLC
5714 Yates Ave. N. – Brian and Jenny Leonard
4409 Zane Ave. N. – 4800 C Heights LLC (Conditional)
6400 29th Ave. N. – Brian and Angela Gieseke
7275 32nd Ave. N. – Ziegler Holdings LLC
8201 35th Ave. N. – Cosco Property 4 LLC
6610 42nd Ave. N. – Robert Hovland (Conditional)
6215-6217 47th Ave. N. – Vallinayaki Palanisami (Conditional)
5317 48th Ave. N. – Crystal Clear Investments
5123 49th Ave. N. – Reese Pfeiffer (Conditional)
3.2
Page 2 of 2
6315 55th Ave. N. – Calibre Chase Investors (Conditional)
5101 56th Ave. N. – Community Involvement Programs (Conditional)
6902 58th Ave. N. – Fan Rent LLC (Conditional)
6915 59th Ave. N. – Proton Investments Inc. (Conditional)
3.2
CITY OF CRYSTAL
RESOLUTION NO. 2018 -
RESOLUTION ACCEPTING DONATIONS FROM
DONATION BOXES
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
Donation boxes Crys tal Police K-9 Unit $217.83
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks all who
contributed to the donation boxes for their generous donations.
Dated: Nov. 8, 2018
By: __________________________
Jim Adams, Mayor
ATTEST:
______________________________
Kim Therres, Assistant City Manager
3.3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: October 30, 2018
TO: Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Conveyance of the Becker Park Play Area
Preparations are being made for the renovation of Becker Park. One item identified for
removal prior to construction is the existing play area. The play area was installed in 2000
and is not part of the new Becker Park design. The play area has no value to the City of
Crystal, and there is an estimated cost of $3,500 for the city to remove the structure.
There is, however, a group interested in purchasing the play area for re-use. “Kids Around
the World" is a non-profit organization that establishes playgrounds in poverty-stricken
communities around the world. They remove, restore and re-install play areas in countries
affected by war, poverty, disease or natural disaster. The Becker Park play area would be
used for this purpose.
Recommended Action:
Approve resolution for “Kids Around the World” to purchase the Becker Park Play Area for
$1.00, to use in their recycled playgrounds program.
3.4
543587v2 CR205-30 1
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”) is entered into this 8th day of November, 2018 by
and between the City of Crystal, a Minnesota municipal corporation (“City”), and Kids Around the
World, Inc., an Illinois nonprofit corporation (“Buyer”). The City and the Buyer may hereinafter be
referred to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City has identified certain playground equipment, specifically described in Exhibit A attached
hereto (collectively, the “Equipment”), located at its Becker Park, 5501 Douglas Drive North,
Crystal, Minnesota 55429 (“City Park”) that will no longer be part of the City Park after its
upcoming park improvements made in furtherance of the master plan adopted for the City Park
and that must be removed prior to the start of construction of those improvements;
B. The Buyer is a nonprofit corporation that purchases playground equipment to be refurbished and
subsequently partners with international organizations to install the refurbished playground
equipment in poverty-stricken areas of the world;
C. The Buyer is interested in purchasing the Equipment for its playground equipment program;
D. The Equipment is 18 years old and has no value remaining for the City;
E. The City will incur costs in the form of staff time and disposal costs if it is required to remove and
dispose of the Equipment itself;
F. The Buyer is responsible, at its own cost, for removing the Equipment from the City Park and for
transporting and removing the Equipment from the City Park either through use of its own
employees or by hiring a contractor to the perform the work (for the purposes of the removal of
the Equipment, the Buyer or, if it hires a contractor, the hired contractor shall hereinafter be
referred to as the “Contractor”); and
G. The City’s sale of the Equipment to the Buyer as accomplished through this Agreement is in
accord with all applicable State and local laws and requirements.
AGREEMENT
In consideration of the promises and the mutual obligations of the parties hereto, each of them
does hereby covenant and agree with the other as follows:
1. Sale. Subject to the terms and conditions of this Agreement, the City agrees to sell the Equipment,
as described in Exhibit A attached hereto, to the Buyer. The description of the Equipment is based
on the best information available to the City, and the City makes no warranty, express or implied,
as to the description of the Equipment.
3.4
543587v2 CR205-30 2
2. Purchase Price and Manner of Payment. The Buyer shall pay the City $1 for the Equipment
(“Purchase Price”) upon approval and execution of this Agreement by the Buyer and the City.
3. Collection; Transport. The Buyer, through its Contractor, shall be responsible for all of the
following:
(a) Collecting and transporting the Equipment from the City Park on or before December 19,
2018;
(b) Coordinating with the City a mutually agreeable date and time for the collection and removal
of the Equipment by the Contractor on or before the aforementioned date;
(c) Entering into a contract, if applicable, with the Contractor to carry out the collection and
transportation of the Equipment;
(d) Ensuring the Contractor provides all of the necessary equipment and labor to remove the
Equipment;
(e) Performing all work required to remove the Equipment from the City Park;
(f) Repairing any damage done to the City Park as a result of the work to collect and remove the
Equipment;
(g) Paying all costs associated with the collection and transportation of the Equipment;
(h) Requiring the Contractor to name the City as an additional insured in its contract with the
Contractor; and
(i) To the extent applicable, providing the City a copy of the Buyer’s contract with the Contractor,
and the Contractor’s certificate of insurance showing the City as an additional insured, at least
10 business days before the scheduled date for the Contractor to remove the Equipment from
the City Park.
4. Warranty. The parties agree that the Equipment is being donated on an “AS IS, WHERE IS,
WITH ALL FAULTS” basis. THE CITY MAKES NO REPRESENTATION OR
WARRANTY, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE
EQUIPMENT INCLUDING MAKING NO WARRANTY THAT THE EQUIPMENT WILL
BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE ONLY
WARRANTY OR REPRESENTATION MADE BY THE CITY IS A WARRANTY THAT
THE CITY IS THE OWNER OF THE EQUIPMENT.
The parties agree that the City is not a manufacturer of the Equipment or a dealer therein. The
parties agree and acknowledge that the Equipment may be defective and cannot be relied upon
for safety purposes. The Buyer has a duty to inspect the Equipment before it is used for any
purpose.
3.4
543587v2 CR205-30 3
5. Assumption of Risk and Indemnification. The Buyer assumes all risks associated with the
Equipment upon the commencement by the Buyer’s Contractor of removing the Equipment from
the City Park. This assumption of risk includes all risks and liabilities whatsoever resulting from
the Buyer’s collection and removal of the Equipment from the City Park, transporting the
Equipment, and the Buyer’s subsequent possession, use, or disposition of the Equipment. Upon
the commencement of the Buyer’s removal of the Equipment from the City Park, the City shall
have no liability with respect to the Equipment, including any liability for direct, indirect,
incidental, or consequential damages caused thereby including, but not limited to, its removal or
transport.
The Buyer shall indemnify, release, defend, and hold harmless the City, its officials, agents, and
employees from all claims, of whatever nature, including, but not limited to, contractual liability,
property damage, personal injury, or death occasioned by or arising out of the Buyer’s use,
maintenance, repair, removal, transportation, and transfer of the Equipment, including by its
Contractor, and shall pay all charges of attorneys and all costs and other expenses arising
therefrom. The provisions of this paragraph shall not be deemed to constitute a waiver of the
liability limits contained in Minnesota Statutes, Chapter 466.
6. Assignment. The parties agree that neither party may assign any interest in this Agreement
without the written consent of the other party.
7. Amendment. No subsequent change or modification of the terms of this Agreement shall be
made except by a writing signed by both parties.
8. Choice of Law. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Minnesota. Any disputes arising with respect to this Agreement shall be
brought in an appropriate court in Hennepin County if not resolved earlier through the good faith
efforts of the parties.
9. Termination. Prior to the sale of any Equipment, this Agreement may be terminated by the
mutual consent of both parties in writing. The City may immediately terminate this Agreement
in writing if the Buyer’s Contactor fails to remove the Equipment from the City Park by the date
indicated herein. Either party may also terminate this Agreement by written notice to the other
party if the other party breaches any of the terms of this Agreement.
10. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
The City: The City of Crystal
4141 Douglas Drive
Crystal, MN 55422
Attn: City Manager
The Buyer: Kids Around the World, Inc.
4750 Hydraulic Road
3.4
543587v2 CR205-30 4
Rockford, IL 61109
Attn: Tim Clauson
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
11. Survivability. All covenants, indemnities, guarantees, releases, representations, and warranties
of either party or the parties and any undischarged obligations of the parties arising prior to the
expiration or termination of this Agreement, shall survive such expiration or termination.
12. Severability. The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision. Any invalid or unenforceable provision
shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability,
and this Agreement shall be construed and enforced as if the Agreement did not contain that
particular provision to the extent of its invalidity or unenforceability.
13. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the respective representatives of the parties have entered into
this Agreement effective as of the date first indicated above.
BUYER: CITY:
By: __________________________ By: __________________________
Jim Adams
Its: __________________________ Its: Mayor
By: __________________________ By: __________________________
Anne Norris
Its: __________________________ Its: City Manager
3.4
543587v2 CR205-30 A-1
EXHIBIT A
Description of Equipment
Items Quantity
3.4
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2018 - ______
CONVEYING THE BECKER PARK PLAY AREA
TO KIDS AROUND THE WORLD
WHEREAS, Becker Park will be under construction in 2019; and
WHEREAS, the existing Becker Park play area will not be part of the new park design and must
be removed prior to the start of construction; and
WHEREAS, the existing Becker Park play area is 18 years old and has no value remaining for
the City of Crystal; and
WHEREAS, there is an estimated cost of $3,500 associated with staff removing and disposing of
the play area; and
WHEREAS, Kids Around the World is a nonprofit organization that has expressed a desire to
purchase the play area for restoration and re-installation in a poverty stricken community around
the world; and
WHEREAS, An agreement with Kids Around the World for them to purchase the Becker Park
play area for $1.00 has been prepared;
NOW, THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council approves the sale of the Becker Park Play Area to Kids
Around the World for $1.00; per the terms of the Purchase Agreement.
B. That the Crystal City Council authorizes the Mayor and City Manager to sign said
agreement.
Adopted by the Crystal City Council this 8th day of November, 2018.
Jim Adams, Mayor
ATTEST:
____________________________
Kim Therres, Assistant City Manager
3.4
CITY OF CRYSTAL
RESOLUTION NO. 2018 - ____
RESOLUTION ADJUSTING ASSESSMENT ROLL –
FOR 2018 DELINQUENT ACCOUNT
5203 ANGELINE AVENUE NORTH
WHEREAS, on October 16, 2018, the Crystal City Council held a public hearing
on assessments for delinquent accounts; and
WHEREAS, on October 16, 2018, the City Council adopted Resolution #2018 -
122 adopting the assessment roll as presented for the 2018 delinquent accounts; and
WHEREAS, during the October 16, 2018, public hearing, the City Council
received an appeal regarding a delinquent account for 5203 Angeline Avenue North;
and
WHEREAS, staff reviewed the file regarding this property’s appealed delinquent
amount.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Crystal, Minnesota, that the following delinquent amount for the 2018 delinquent
account is adjusted as follows:
5203 Angeline Avenue North $ 19,673.34
The Assessing Specialist will transmit a certified duplicate of the final assessment listing
to Hennepin County to be extended on the property tax rolls of the county.
Adopted this 8th day of November, 2018.
___________________________
Jim Adams, Mayor
ATTEST:
______________________________
Kim Therres, Assistant City Manager
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3.8
CITY of CRY, STAL
eumee
DATF, November 2, 2018
TO. Anne Norris, City Manager
City of Crystal City Council
FROM: Jean McGann, Acting Finance Director
RE: Expenditures over $25,000
2mriptlon
Beacon Academy Return of landscaping escrow $26,550.00
West Metro Fire -Rescue District October Fire Protection Services $95,305.71
Golden Valley JWC - September billing $187,388.53
PERA Employee and city required contributions for 10/22118 pay date $53,586.54
Novak -Fleck Inc. Repurchase of 2949 Yukon Ave N $69,711.00
Health Partners Inc Health insurance contributions for 11/2/18 pay date $96,215.50
PERA Employee and city required contributions for 11/2118 pay date $53,958.07
$582,715.35
Memorandum
DATE: November 8, 2018
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Brad Fortin, Parks Superintendent
SUBJECT: Declare disase trees public nusiances and order them abated
Summary
City Code Section 2020 states that the City has determined that the health of the shade trees within the
city limits is threatened by shade tree diseases. It has further determined that the loss of shade trees
growing upon public and private property would substantially depreciate the value of property within
the city and impair the safety, good order, general welfare and convenience of the public.
The City has become aware of three properties with confirmed shade tree dieases (based on analysis
conducted by the University of Minnesota). The property owners have already been contacted and
notified of the diseases, including a copy of the report from the University of Minnesota. They were
given the opportunity to remove the trees prior to this item coming before the Council for
consideration. As of October 31, 2018 the trees had not been removed. The property owner for 3245
Florida has contacted staff with a plan to abate the trees by November 30, 2018, which is acceptable to
staff.
City Code provides a process for which the Council needs to declare these diseased trees to be nusiances
so that the City can remove them. The process states that the City must have a sample of the tree
tested, notify the property owner, provide the property owner the opportunity to speak directly to the
Council at the Council meeting, after which point the Council may take action to declare the tree a
nusianace and order it abated.
Attached to this memo are the notification letters of the Council meeting, as well as the University of
Minnesota test report for the three properties with confirmed disease trees. The properties have
received other correspondence from the City prior to the attached letters.
Attachment
•3245 Florida Ave N notice letter
•3245 Florida Ave N abatment plan email
•4818 Xenia Ave N notice letter
•6911 Dudley notice letter
Recommended Action
Motion for each of the properties declaring the diseased trees a public nuisance and ordering them
abated.
5.2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • www.crystalmn.gov
October 30, 2018
Taxpayer:
MARILYN I OBRIEN
5831 ADMIRAL LA N
BROOKLYN CTR MN 55429
Mailing address:
MARK O'BRIEN
3257 FLORIDA AVE N
CRYSTAL MN 55427
CITY OF CRYSTAL NOTICE
PUBLIC NUSIANCE - DISEASE TREES
Property Address: 3245 Florida Ave N
PID: 2011821140010
The city council has determined that the health of the shade trees within the city limits is
threatened by shade tree diseases. It has further determined that the loss of shade trees
growing upon public and private property would substantially depreciate the value of property
within the city and impair the safety, good order, general welfare and convenience of the
public. The Crystal City Council will meet on Thursday, Nov. 8, 2018 at 7 p.m. in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota to consider whether action
should be taken to declare the disease trees on your property as a public nuisance and order
them abated.
Required notice information
Streets affected: Georgia Avenue North and Florida Avenue North are the immediately
adjacent streets, although no streets will be directly impacted by the removals
Action proposed: Removal of the disease trees and stumps by a Contractor
Estimated cost of abatement: $3,500.00 (plus associated fees)
Basis of assessment: Estimate from the City’s contractor, Nick’s Tree Service.
You are notified that you have the right to appear at the City Council meeting on Nov 8. At the
meeting, you may provide comments to the Council regarding the diseased trees and if you
have a plan to abate them. All such plans are subject to approval by the City Council. If you are
unable to attend the City Council meeting on Nov. 8, you may provide your comments, in
writing, to the City Clerk prior to the meeting. We have included your email, dated 10/30/18
with your plan for removal to the City Clerk to be forwarded on to the Council.
If the City declares the trees a public nuisance and you do not remove them by November 30,
2018, the City will remove the trees and your property will be invoiced for the associated costs.
If you do not pay the invoice, the cost will be assessed against your property.
Mark Ray, PE, Director of Public Works
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
Plant Disease Clinic Report
Lab ID #: 18-565- MO
Report date: October 9, 2018
Client:
City of Crystal, Brad Fortin
4141 Douglas Drive N
Crystal, MN 55422
Grower: Mark O’Brien
3257 Florida
Crystal, MN 55427
Received: October 3, 2018
Sample: Elm branch segments
Diagnosis: The sample was cultured and a causal organism of Dutch elm disease was isolated.
This means the sample tested positive for Dutch elm disease.
NOTES:
The causal organisms of Dutch elm disease are Ophiostoma ulmi and O. novo-ulmi.
If you need information, here is a link: https://www.mda.state.mn.us/dutch-elm-disease
There was a beetle gallery and frass-filled tunnels under the bark.
The U of M Central Accounting Department will send an invoice. A statement is on the next page.
Feel free to contact us at (612) 625-1275 if you have any other questions.
Thank you for your business.
Plant Disease Clinic
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
PLANT DISEASE CLINIC
Statement: This is not the invoice (do not pay at this time).
Date Received: October 3, 2018
Date of Report: October 9, 2018
City of Crystal
4141 Douglas Drive N
Crystal, MN 55422
Submitted by: Brad Fortin
Phone: 763-531-1158
Email: brad.fortin@crystalmn.gov
U of M accounting - Please note on U of M invoice: 3257 Florida
Lab ID #: 18-565-MO
Disease Testing Fee
Elm – wood culture $ 59
Total Balance Due $ 59
The University of Minnesota Central Accounting Department will send an invoice.
Thank you.
Plant Disease Clinic
5.2
1
Mark Ray
From:Bill O'Brien <billobrie@aol.com>
Sent:Tuesday, October 30, 2018 9:25 AM
To:Brad Fortin
Cc:Susan Vittek; Mark Ray
Subject:Re: Dead trees at 3245 Florida
Hi Brad
Enjoyed talking to you yesterday. Went over and talked to Ralph & Susan and gave them a copy of your email.
They were very receptive and said the timing would be good.
Mark and I may be able to get some of the easy trees down before my tree guy gets back the middle of
November.
Thanks again
Bill
On Oct 29, 2018, at 2:47 PM, Brad Fortin <Brad.Fortin@crystalmn.gov> wrote:
Bill,
It was nice talking with you this afternoon about the dead trees at 3245 Florida and learning the history
of those properties. What we need to have accomplished is to remove the dead and diseased trees
from the property at 3245 Florida. A top concern are the dead and hazardous trees that hang over the
house at 3232 Georgia Avenue North. Please send me an outline detailing your work plan and dates.
I would appreciate you trying to reach out to Ralph and Susan Vittek(3232 Georgia) to explain your
situation, I have them on for copy. I am sure you will find them receptive and they will be happy to have
those hazard trees removed. If the diseased and hazardous trees are not removed by November
30th the City of Crystal will be forced to do the removal.
Sincerely,
<image013.jpg> Brad Fortin
Superintendent of Parks and Facilities, City of Crystal
763-531-1158 office, 763-274-8300 cell | Main: 763-531-1000 |www.crystalmn.gov
4141 Douglas Dr. N. | Crystal, MN 55422-1696
<image014.jpg><image015.jpg><image016.jpg><image017.png><image018.jpg>
5.2
411adr
RESOLUTION NO.2018-135 t
DECLARING THE DISEASED TREES A PUBLIC NUISANCES
AND ORDERING THEM ABATED AT 3245 FLORIDA AVE N
WHEREAS, Crystal City Code 2020 governs shade tree diseases in the City of
Crystal and provides a process to declare them public nuisances and order them abated;
and
WHEREAS, trees on the property at 3245 Florida Ave N have been tested by the
University of Minnesota' Plant Disease Clinic; and
WHEREAS, the samples tested positive for Dutch Elm disease; and
WHEREAS, the City provided notice and gave the property owner at 3245 Florida
Ave N an opportunity to be heard regarding this matter at the City Council's November 8,
2018 meeting.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
declares the diseased trees at 3245 Florida Ave N a public nuisance, orders them to be
abated, and directs the cost of such abatement to be assessed against the property in
accordance with Crystal City Code and Minnesota Statutes, section 429.101.
Adopted by the Crystal City Council this 8th day of November, 2018.
Jim Adams, Mayor
ATTEST:
Kim Therres, Assistant City Manager
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • www.crystalmn.gov
October 29, 2018
Taxpayer:
STEPHANIE N FISHER
4818 XENIA AVE N
CRYSTAL MN 55429
CITY OF CRYSTAL NOTICE
PUBLIC NUSIANCE - DISEASE TREE
Property Address: 4818 Xenia Ave N
PID: 0911821310032
The city council has determined that the health of the shade trees within the city limits is
threatened by shade tree diseases. It has further determined that the loss of shade trees
growing upon public and private property would substantially depreciate the value of property
within the city and impair the safety, good order, general welfare and convenience of the
public.
The Crystal City Council will meet on Thursday, Nov. 8, 2018 at 7 p.m. in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota to consider whether action should be taken
to declare the disease tree on your property as a public nuisance and order it abated.
Required notice information
• Streets affected: Xenia Avenue North and the public alley are the immediately adjacent
streets, although no streets/alleys will be directly impacted by the removals.
• Action proposed: Removal of the disease tree and stumps by a Contractor.
• Estimated cost of abatement: $1,600 (plus associated fees)
• Basis of assessment: Estimate from the City’s contractor, Nick’s Tree Service.
You are notified that you have the right to appear at the City Council meeting on Nov 8. At the
meeting, you may provide comments to the Council regarding the diseased tree and if you have
a plan to abate it. Any such plans are subject to approval by the City Council. If you are unable
to attend the City Council meeting on Nov. 8, you may provide your comments, in writing, to
the City Clerk prior to the meeting.
If the City declares the tree a public nuisance, the City will remove the tree and your property
will be invoiced for the associated costs. If you do not pay the invoice, the cost will be assessed
against your property.
Mark Ray, PE, Director of Public Works
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
Plant Disease Clinic Report
Lab ID #: 18-565-SF
Report date: October 9, 2018
Client:
City of Crystal, Brad Fortin
4141 Douglas Drive N
Crystal, MN 55422
Grower: Stephanie Fisher
4818 Xenia Ave. N
Crystal, MN 55429
Received: October 3, 2018
Sample: Elm branch segments
Diagnosis: The sample was cultured and a causal organism of Dutch elm disease was isolated.
This means the sample tested positive for Dutch elm disease.
NOTES:
The causal organisms of Dutch elm disease are Ophiostoma ulmi and O. novo-ulmi.
If you need information, here is a link: https://www.mda.state.mn.us/dutch-elm-disease
There were extensive tunnels under the bark.
The U of M Central Accounting Department will send an invoice. A statement is on the next page.
Feel free to contact us at (612) 625-1275 if you have any other questions.
Thank you for your business.
Plant Disease Clinic
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
PLANT DISEASE CLINIC
Statement: This is not the invoice (do not pay at this time).
Date Received: October 3, 2018
Date of Report: October 9, 2018
City of Crystal
4141 Douglas Drive N
Crystal, MN 55422
Submitted by: Brad Fortin
Phone: 763-531-1158
Email: brad.fortin@crystalmn.gov
U of M accounting - Please note on U of M invoice: 4818 Xenia Ave. N
Lab ID #: 18-565-SF
Disease Testing Fee
Elm – wood culture $ 59
Total Balance Due $ 59
The University of Minnesota Central Accounting Department will send an invoice.
Thank you.
Plant Disease Clinic
5.2
RESOLUTION NO. 2018- ___
DECLARING THE DISEASED TREE A PUBLIC NUISANCES
AND ORDERING IT ABATED AT 4818 XENIA AVE N
WHEREAS, Crystal City Code 2020 governs shade tree diseases in the City of
Crystal and provides a process to declare them public nuisances and order them abated;
and
WHEREAS, the tree on the property at 4818 Xenia Ave N have been tested by the
University of Minnesota’ Plant Disease Clinic; and
WHEREAS, the sample tested positive for Dutch Elm disease; and
WHEREAS, the City provided notice and gave the property owner at 4818 Xenia
Ave N an opportunity to be heard regarding this matter at the City Council’s November 8,
2018 meeting.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
declares the diseased trees at 4818 Xenia Ave N a public nuisance, orders them to be
abated, and directs the cost of such abatement to be assessed against the property in
accordance with Crystal City Code and Minnesota Statutes, section 429.101.
Adopted by the Crystal City Council this 8th day of November, 2018.
Jim Adams, Mayor
ATTEST:
_________________________________________
Chrissy Serres, City Clerk
5.2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • www.crystalmn.gov
October 29, 2018
Taxpayer:
SHAWNA M DUFFY
6911 DUDLEY AVE N
CRYSTAL MN 55428
CITY OF CRYSTAL NOTICE
PUBLIC NUSIANCE - DISEASE TREE
Property Address: 6911 Dudley Ave N
PID: 0511821130127
The city council has determined that the health of the shade trees within the city limits is
threatened by shade tree diseases. It has further determined that the loss of shade trees
growing upon public and private property would substantially depreciate the value of property
within the city and impair the safety, good order, general welfare and convenience of the
public.
The Crystal City Council will meet on Thursday, Nov. 8, 2018 at 7 p.m. in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota to consider whether action should be taken
to declare the disease tree on your property as a public nuisance and order it abated.
Required notice information
• Streets affected: Dudley Ave N is the immediately adjacent street, although no streets
will be directly impacted by the removals
• Action proposed: Removal of the disease tree and stump by a Contractor
• Estimated cost of abatement: $600 (plus associated fees)
• Basis of assessment: Estimate from the City’s contractor, Nick’s Tree Service.
You are notified that you have the right to appear at the City Council meeting on Nov 8. At the
meeting, you may provide comments to the Council regarding the diseased tree and if you have
a plan to abate them. Any such plans are subject to approval by the City Council. If you are
unable to attend the City Council meeting on Nov. 8, you may provide your comments, in
writing, to the City Clerk prior to the meeting.
If the City declares the tree a public nuisance, the City will remove the tree and your property
will be invoiced for the associated costs. If you do not pay the invoice, the cost will be assessed
against your property.
Mark Ray, PE, Director of Public Works
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
Plant Disease Clinic Report
Lab ID #: 18-565-SD
Report date: October 9, 2018
Client:
City of Crystal, Brad Fortin
4141 Douglas Drive N
Crystal, MN 55422
Grower: Shauna Duffy
6911 Dudley Ave. N
Crystal, MN 55428
Received: October 3, 2018
Sample: Elm branch segments
Diagnosis: The sample was cultured and a causal organism of Dutch elm disease was
isolated. This means the sample tested positive for Dutch elm disease.
NOTES:
The causal organisms of Dutch elm disease are Ophiostoma ulmi and O. novo-ulmi.
If you need information, here is a link: https://www.mda.state.mn.us/dutch-elm-disease
There were multiple beetle galleries with living larvae under the bark.
The U of M Central Accounting Department will send an invoice. A statement is on the next page.
Feel free to contact us at (612) 625-1275 if you have any other questions.
Thank you for your business.
Plant Disease Clinic
5.2
Twin Cities Campus Plant Disease Clinic
Department of Plant Pathology
College of Food, Agricultural and Natural
Resource Sciences
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
Phone: 612-625-1275
Fax: 612-625-9728
E-mail: pdc@umn.edu
http://pdc.umn.edu
PLANT DISEASE CLINIC
Statement: This is not the invoice (do not pay at this time).
Date Received: October 3, 2018
Date of Report: October 9, 2018
City of Crystal
4141 Douglas Drive N
Crystal, MN 55422
Submitted by: Brad Fortin
Phone: 763-531-1158
Email: brad.fortin@crystalmn.gov
U of M accounting - Please note on U of M invoice: 6911 Dudley Ave. N
Lab ID #: 18-565-SD
Disease Testing Fee
Elm – wood culture $ 59
Total Balance Due $ 59
The University of Minnesota Central Accounting Department will send an invoice.
Thank you.
Plant Disease Clinic
5.2
RESOLUTION NO. 2018- ___
DECLARING THE DISEASED TREE A PUBLIC NUISANCES
AND ORDERING IT ABATED AT 6911 DUDLEY AVE N
WHEREAS, Crystal City Code 2020 governs shade tree diseases in the City of
Crystal and provides a process to declare them public nuisances and order them abated;
and
WHEREAS, the tree on the property at 6911 Dudley Ave N have been tested by
the University of Minnesota’ Plant Disease Clinic; and
WHEREAS, the sample tested positive for Dutch Elm disease; and
WHEREAS, the City provided notice and gave the property owner at 6911 Dudley
Ave N an opportunity to be heard regarding this matter at the City Council’s November 8,
2018 meeting.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
declares the diseased trees at 6911 Dudley Ave N a public nuisance, orders them to be
abated, and directs the cost of such abatement to be assessed against the property in
accordance with Crystal City Code and Minnesota Statutes, section 429.101.
Adopted by the Crystal City Council this 8th day of November, 2018.
Jim Adams, Mayor
ATTEST:
_________________________________________
Chrissy Serres, City Clerk
5.2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: October 30, 2018
TO: Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Demolition of the Becker Park Performing Arts Building
Preparations are being made for the renovation of Becker Park. One item identified for
removal prior to construction is the Becker Park Performing Arts Building. The arts building
was built in 1986 and is not part of the new Becker Park design.
Quotes have been received for the demolition and removal of the building.
Kevitt Companies $ 52,500
TMS Companies $ 58,740
Bollig & Sons Inc. $ 61,295
Kevitt Companies has completed similar work for Crystal in the past.
Recommended Action:
Approve resolution awarding a demolition contract with Kevitt Companies in the amount of
$52,500.
5.3
CITY OF CRYSTAL
RESOLUTION 2018 -
AWARD CONTRACT
FOR DEMOLITION OF THE PERFORMING ARTS BUILDING
IN BECKER PARK
WHEREAS, quotes were solicited for the demolition and removal of the Becker Park Performing Arts
Building, and
WHEREAS, Three quotes were received to perform the work, and
WHEREAS, Kevitt Companies submitted the low quote and has successfully completed similar projects
in Crystal;
NOW, THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council hereby awards the contract for demolition of the Becker Park
Performing Arts Building to Kevitt Companies in the amount of $ 52,500.
B. That the Crystal City Council hereby authorizes the Mayor and City Manager to sign such
contract.
Adopted by the Crystal City Council this 8th day of November, 2018.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Kim Therres, Assistant City Manager
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CONTRACT FOR DEMOLITION SERVICES
THIS CONTRACT FOR DEMOLITION SERVICES (“Contract”) is made and entered
into this 8th day of November, 2018, by and between Kevitt Companies, 3335 Pennsylvania Ave
N, Minneapolis, MN 55427 (“Contractor”) and the City of Crystal, a municipal corporation in
the County of Hennepin, State of Minnesota (“City”), for the demolition of certain building(s)
located at 5501 Douglas Drive North, Crystal, Minnesota. The Contractor and the City may
hereinafter be referred to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City sought written quotes pursuant to the procedures required by Minnesota
Statutes, section 471.345, for the demolition of certain buildings located at 5501 Douglas
Drive North, Crystal, Minnesota (the “Property”).
B. The City has decided to award this Contract to the Contractor for the demolition of the
building or buildings as indicated below:
X Becker Park Performing Arts Building
The Performing Arts Building may hereinafter be referred to as the “Building.”
C. The Contractor represents that it has the necessary personnel, experience, equipment,
competence, and legal right to perform the demolition, and is ready, willing, and able to
do so in accordance with the terms and conditions of this Contract.
AGREEMENT
In consideration of the mutual obligations contained herein, and intending to be legally
bound, the parties hereby covenant and agree as follows:
Section 1. Scope of Work.
1.1. Demolition Services. The Contractor will perform all demolition services, including the
removal and off-site disposal of the resulting debris, required to demolish the Building in
accordance with the terms and conditions of this Contract and the plans, specifications, and
descriptions of the demolition work attached hereto as Exhibit A (collectively, the “Work”).
1.2. Work Schedule and Parties’ Representatives. Contractor shall commence the Work on or
after November 14, 2018 and Substantial Completion of the Work shall be achieved no later
than December 19, 2018. Prior to the commencement of Work by the Contractor, the City and
the Contractor shall meet to review the sequence of the Work and designate two project
superintendents, one for each party, who shall be each party’s representative for purposes of this
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Contract. The parties agree that such Work schedule shall be incorporated fully into this
Contract.
1.3. Representations. The Contractor agrees to undertake the Work for the City to the extent
and in the manner set forth in this Contract. The Contractor represents and warrants to the City
that it has sufficient experience in providing such Work and has sufficient personnel and
equipment to perform the Work in a timely, efficient, and workmanlike manner consistent with
the terms of this Contract and consistent with industry standards.
1.4. Discretion. The Contractor shall exercise its discretion in performing the Work, but the
Work to be performed is limited in both location and scope as specifically indicated by the City.
1.5. Property Conditions. The City assumes no responsibility for the actual condition of the
Property. The conditions existing at time of inspection for proposal purposes will be maintained
by the City to the extent practicable. The City shall ensure that Building will be vacated and use
of the Building will be discontinued prior to start of the Work.
1.6. Equipment. The Contractor shall furnish all supplies, except as otherwise provided
herein, equipment, tools, licensed equipment operators, and supervision necessary to perform the
Work to be rendered under this Contract. The Contractor shall be responsible for properly
maintaining and ensuring the continued functioning of all equipment and for maintaining a
sufficient number of adequately trained and experienced personnel to operate it. Contractor shall
provide water, electricity, communications and toilet facilities on site as necessary to complete
the Work. The City is in no way responsible for any equipment failures, breakdowns, accidents,
or personnel issues the Contractor may encounter in providing the Work under this Contract.
Section 2. Contract Price.
2.1. Lump Sum. The City agrees to pay the Contractor a lump sum amount of $ 52,500 for all
Work to be performed under this Contract (“Contract Price”). The Contract Price is an all-
inclusive amount and City shall not be required to pay the Contractor any other amounts under
this Contract. There are no unit price items or costs associated with the Work.
2.2. Payment. The Contractor shall be paid in accordance with the payment schedule
established by the parties and attached hereto as Exhibit D. All requests for payment must
satisfy Minnesota Statutes, sections 471.38, 471.391, and other applicable laws. The request for
payment, or portion thereof, will remain unpaid until the Contractor supplies the City with the
required information.
2.3. Prompt Payment. The City will pay the Contractor promptly in accordance with the
prompt payment requirements set forth in Minnesota Statutes, section 471.425, except to the
extent payment is withheld for failure to provide sufficient detail or because of default as
provided herein. In such cases, no interest or penalties shall accrue on any withheld amounts.
2.4. Application for Payment. Prior to receiving payment for Substantial Completion of the
Work, the Contractor shall, in writing, state that the respective portion of the Work has been
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substantially completed and is free and clear of all liens as provided in this Contract. Upon
Substantial Completion and inspection and verification by the City, the payment for that portion
of the Work shall be made. Final payment shall be made when Contractor certifies that Final
Completion has been achieved and verified by the City and upon receipt of a proof of
withholding certificate (IC-134) pursuant to the requirements of Minnesota Statutes, section
270C.66.
2.5. Change Orders. This is a lump sum contract. Contractor must immediately contact the
City prior to exceeding the Contract Price set out in Section 2.1. Change orders for additional
payment will not be granted as a result of the Contractor under-estimating quantities of
material(s). The City shall have the right, within the general scope of the Work and without
notice to any surety or sureties of the Contractor, if any, to make changes in the Work, either by
altering the nature of same or by adding to or deducting from it. All changes shall, except in the
case of emergencies endangering the safety of persons or property, be made by written change
order. The parties shall determine the effect of any change order on the Contract Price and
project schedule by mutual agreement. The Contractor shall promptly comply with any and all
written change orders. No such change order shall be deemed to invalidate the remaining terms
and conditions contained in the Contract.
Section 3. Term, Termination and Completion Deadline
3.1. Term. This Contract shall be effective upon execution and shall terminate upon Final
Completion, unless it is terminated earlier by law or by either party in accordance with the
provisions of this Contract.
3.2. Termination. The City may terminate this Contract without cause upon giving the other
party 60 days’ written notice. The City may terminate this Contract without providing 60 days’
notice if it determines, in its sole discretion, the Contractor failed to correct a default after a
Notice of Default as provided herein. The City may terminate this Contract immediately upon
delivery of a notice of termination on the Contractor if the City determines immediate
termination is necessary in order to protect public safety. A notice of immediate termination
shall state the reasons for the termination. The Contractor may terminate this Contract without
providing 60 days’ notice if the City fails to correct a default following a notice of default as
provided herein.
3.3. Completion Deadline. Unless there are excusable delays as identified herein, the
Contractor shall be required to satisfactorily complete all Work to be performed under this
Contract by December 19, 2018 (“Final Completion Date”).
Section 4. Default.
4.1. Excusable Delays. The following circumstances, and only these circumstances, will, at
the City’s discretion, be considered legitimate cause for a change in the commencement and/or
completion time periods specified by this Contract:
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(a) Material delays. Material delays that are beyond the control of the Contractor, which can
be shown to have directly caused the overall late completion;
(b) Adverse weather and emergency conditions. Weather or emergency conditions that
directly affect the scheduling of exterior work over a significant portion of the term of
this Contract;
(c) Strikes. Contractors who face union work stoppage in the case where they have to rely
on such a work force in order to complete the Work;
(d) Amendments. Amendments in the original scope of the Work, which can be reasonably
shown to require an extension of the time allowed for completion; and
(e) Other delays. Act or neglect of the City, or of an employee of either, or of a separate
contractor employed by the City, or by changes ordered in the Work or by unavoidable
casualties or other causes beyond the Contractor’s control.
In such cases, the Contractor shall notify the City as soon as possible of its inability to perform.
The City and the Contractor agree to attempt to resolve quickly all matters related to
uncontrollable circumstances and use all reasonable effort to mitigate the effects.
4.2. Default by Contractor. Unless excused by the City’s default, any of the following shall
constitute a default on the part of the Contractor. The City may exercise its reasonable discretion
to determine if any of the following events of default have occurred. Events of default include
one or more of the following:
(a) Failure to promptly repair or replace the equipment, personnel, and materials as needed to
perform the Work required hereunder in a timely manner;
(b) Failure to promptly or properly deliver the Work as required by this Contract;
(c) Making any material misrepresentation regarding its experience, equipment, personnel, or
any other matter directly related to its ability to provide the Work at any time during the
term of this Contract, or making a material misrepresentation in an invoice or regarding
any provision or condition relied upon by the City in the making or continuation of this
Contract;
(d) The voluntary or involuntary filing for bankruptcy; or
(e) Failure to perform or comply with any other material provision of this Contract.
4.3. Default by City. Unless excused by the Contractor’s default, any of the following shall
constitute a default on the part of the City:
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543314v2 TJG CR205-30
(a) The persistent or repeated failure or refusal to pay the Contractor payments due under this
Contract for the Work properly performed, unless the nonpayment is due to Contractor’s
default or failure to submit sufficiently detailed claims;
(b) Making material misrepresentations either in the attached exhibits and documents or in
any other provisions or conditions relied upon in making this Contract; or
(c) Persistent or repeated failure to perform any other material provision of this Contract.
4.4. Notice of Default. Unless otherwise provided in this Contract, no event shall constitute a
default giving rise to the right to terminate unless and until written notice of default is given to
the defaulting party, specifying the particular event, series of events, or failure constituting the
default and the cure period. The minimum cure period shall be 10 days unless the City
determines it needs to act sooner to terminate this Contract in order to protect public safety.
4.5. Failure to Cure. If the party in default fails to cure the specified circumstances as
described by the notice of default within the specified cure period, then the non-defaulting party
may immediately terminate this Contract upon written notice of termination to the defaulting
party. This Contract shall be deemed terminated effective upon the terminating party providing
the notice of termination to the other party.
4.6. Withholding of Payment and Damages. Notwithstanding any other provision of this
Contract, the City may, after giving notice of default, withhold, without penalty or interest, any
payment which becomes due after a notice of default is given until the default is excused, waived
in writing, cured, or the Contract is terminated. The City may deduct as damages from any
money due or coming due to the Contractor any costs the City incurs to select and enter into an
agreement with another contractor to perform all or any portion of the Work the Contractor
failed to perform. The Contractor shall not be responsible for the cost of the work performed by
the other contractor selected by the City, except as may be determined through a civil action filed
by the City, but the City may deduct as damages the difference between the Contractor’s price
and the higher price or cost the City incurs to have the Work performed by the other contractor
as well as any additional administrative and professional fees incurred by the City as a result of
the Contractor’s default.
4.7. Reperformance. The City may require Contractor, at Contractor’s sole expense, to
reperform any items of the Work that do not meet the established specifications, standards, or
City directives.
4.8. Remedies Cumulative. Any remedies available to the City are cumulative and not
exclusive. The seeking or exercising by the City of a remedy does not waive its right to seek or
exercise any other remedy available to it at law, in equity, by statute, or under this Contract.
4.9. Preservation of Other Remedies. The rights and remedies of the City provided in this
Contract shall not be exclusive and are in addition to any other rights and remedies provided by
law or under this Contract.
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4.10. Cost of Defense. In the event Contractor fails to perform the Work in compliance with
all applicable local, state, and federal laws, permits, rules, and regulations, the Contractor shall
reimburse the City for any civil or criminal penalties or costs of defense the City incurs due to
such violations.
4.11. Liquidated Damages. Should the Contractor fail to complete the Work on or before the
Final Completion Date, there may be deducted from any monies due or that may become due to
the Contractor, the sum as set forth in the following schedule, for each and every calendar day,
exclusive of Saturdays and Sundays, that the work shall remain uncompleted. This sum shall be
considered and treated, not as a penalty, but as liquidated damages.
Schedule of Liquidated Damages
From More Than (in $) To and Including (in $) Charge Per Calendar Day (in $)
0 25,000 75
25,000 50,000 125
50,000 100,000 250
100,000 500,000 500
500,000 1,000,000 750
1,000,000 2,000,000 1,250
2,000,000 5,000,000 1,750
5,000,000 10,000,000 2,500
If the City permits the Contractor to continue and finish the Work or any part thereof after the
time fixed for its completion, or after the date to which the time for completion may have been
extended, such permission shall in no way be construed as a waiver on the part of the City of any
of its rights under the Contract. The City does not forfeit its right to recover liquidated damages
from the Contractor or any surety by taking over the Work or by the termination of the Contract.
Section 5. Waiver and Indemnification.
5.1. Waiver. It is agreed that the Work is undertaken at the sole risk of the Contractor. The
Contractor does expressly forever release the City from any claims, demands, injuries, damage
actions, or causes of action whatsoever, arising out of or connected with the Work.
5.2. Indemnification. Any and all claims that arise or may arise as a consequence of any act
or omission on the part of the Contractor, its agents, servants, or employees while engaged in the
performance of the Work shall in no way be the obligation or responsibility of the City. The
Contractor shall indemnify, hold harmless, and defend the City, its council members, officers,
employees, successors, and assigns against any and all liability, loss, cost, damages, expenses,
claims, or actions, including attorneys’ fees which the City, its council members, officers, or
employees may hereinafter incur or be required to pay on account of injury to or death of any
person or persons or damage to any property arising out of or by reason of any act or omission of
the Contractor, its agents, servants, or employees in the execution, performance, or failure to
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543314v2 TJG CR205-30
adequately perform its obligations under this Contract, whatever the cause of such injuries or
damage.
5.3. Non-Waiver of Liability Limits or Immunities. Nothing in this Contract shall constitute a
waiver by the City of any statutory limits or immunities from liability provided under Minnesota
Statutes, chapter 466 or any other law. Each right, power or remedy conferred upon the City b y
this Contract is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. Each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power, or remedy.
5.4. Hold Harmless. The Contractor agrees to defend, indemnify and hold harmless the City,
its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses,
including attorneys’ fees, resulting directly or indirectly from an act or omission of the
Contractor, its employees, its agents, or employees of subcontractors, in the performance of the
Work provided by this Contract or by reason of the failure of the contractor, or subcontractors to
fully perform, in any respect, all of its obligations under this Contract.
Section 6. Insurance.
The Contractor shall not commence work under this Contract until it has obtained all insurances
required by this Contract and proof of such insurances has been approved by the City. The
Contractor shall provide and maintain at all times during the term of this Contract such insurance
coverage as indicated herein. Such policy or policies shall apply to the extent of, but not as a
limitation upon or in satisfaction of, the indemnity provisions of this Contract. All policies
required by this Contract must be issued by financially responsible insurers licensed to do
business in the State of Minnesota.
6.1. Automobile Liability. The Contractor shall maintain business automobile liability
insurance covering liability for bodily injury and property damage arising out of the ownership,
use, maintenance, or operation of all owned, non-owned, and hired automobiles and other motor
vehicles utilized by the Contractor in connection with its performance under this Contract. Such
policy shall provide total liability limits for combined bodily injury and property damage in the
amount of at least $2,000,000 per accident, which total limits may be satisfied by the limits
afforded under such policy, or by such policy in combination with the limits afforded by an
umbrella or excess liability policy(ies); and provided that the coverage afforded under any such
umbrella or excess liability policy(ies) shall be at least as broad with respect to such business
automobile liability insurance as that afforded by the underlying policy. Unless included within
the scope of the Contractor’s commercial general liability policy, such business automobile
liability policy shall also include coverage for motor vehicle liability assumed under contract.
The policy shall name the City as an additional insured.
6.2. Workers’ Compensation. The Contractor shall maintain workers’ compensation
insurance in compliance with all applicable statutes including an all-states or universal
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endorsement where applicable. Such policy shall include employer’s liability coverage in an
amount of no less than $500,000. If the Contractor is not required by statute to carry workers’
compensation insurance, the Contractor agrees: 1) to provide the City with evidence
documenting the specific provision under Minnesota Statutes, section 176.041 which excludes
the Contractor from the requirement of obtaining workers’ compensation insurance; 2) to provide
prior notice to the City of any change in the Contractor’s exemption status under Minnesota
Statutes, section 176.041; and 3) to defend, hold harmless, and indemnify the City from and
against any and all claims and losses brought by the Contractor or any subcontractor or other
person claiming through the Contractor for workers’ compensation or employers’ liability
benefits for damages arising out of any injury or illness resulting from performance of work
under this Contract. If any such change requires the Contractor to obtain workers’ compensation
insurance, the Contractor agrees to promptly provide the City with evidence of such insurance
coverage.
6.3. Commercial General Liability Insurance. The Contractor shall maintain commercial
general liability insurance coverage providing coverage on an “occurrence” rather than on a
“claims made” basis, which policy shall include, but not be limited to, coverage for bodily
injury, property damage, personal injury, and contractual liability (applying to this Contract).
The Contractor agrees to maintain at all times during the period of this Contract a total combined
general liability policy limit of at least $2,000,000 per occurrence and aggregate, applying to
liability for bodily injury, personal injury and property damage, which total limit may be
satisfied by the limit afforded under its commercial general liability policy, or equivalent policy,
or by such policy in combination with the limits afforded by an umbrella or excess liability
policy (or policies); provided that the coverage afforded under any such policy in combination
with the limits afforded by an umbrella or excess liability policy is at least as broad as that
afforded by the underlying commercial general liability policy. The policy shall name the City
as an additional insureds.
Section 7. Lien Waiver.
Neither the Contractor nor any subcontractor or other person or entity furnishing labor,
equipment, or materials in connection with the Work shall file any mechanics’ lien against the
City’s buildings, structures or land or any part thereof, provided that the City makes all payments
due to Contractor under this Contract. The Contractor shall protect, defend, indemnify, and hold
harmless the City from any and all claims, demands, or actions of whatever nature arising out of
work, labor, equipment, or materials furnished by the Contractor or its subcontractors in
connection with the Work, provided that the City makes all payments due to Contractor under
this Contract. Payment of the Contract Price shall not be due until the Contractor has delivered
to the City lien waivers acceptable to the City, which release the City from all liens that may
arise in connection with the Work. The Contractor shall list on the attached Exhibit E the names
of all suppliers and/or subcontractors that will provide materials, services, or labor in connection
with the Work. The Contractor will notify the City of any changes in this list prior to the
commencement of the Work.
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Section 8. Subcontractors.
8.1. Similarly Bound. Contractor agrees to bind every subcontractor by the terms, conditions,
and provisions set forth in the Contract that are applicable to the subcontractor’s work, unless
otherwise specifically agreed otherwise in writing by the City.
8.2. Payment. Contractor agrees to pay every subcontractor within 10 days of receipt of
payment from the City pursuant to Minnesota Statutes, section 471.425. Any undisputed
amounts not paid to a subcontractor within 10 days shall be subject to, and the Contractor shall
pay, interest of 1-1/2 percent per month. The minimum monthly interest penalty the Contractor
shall pay for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100,
the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Contractor must be awarded its
costs and disbursements, including attorneys’ fees, incurred in bringing the action.
Section 9. General Provisions.
9.1. Assignment. This Contract shall be binding upon the Contractor, its legal
representatives, heirs, successors, and assigns. No assignment or attempted assignment of this
Contract or any rights hereunder shall be effective unless the written consent of the City is first
obtained. No such assignment, even if consented to by the City, shall relieve the Contractor
from liability under this Contract for the performance and completion of the Work in accordance
with the Contract. Notwithstanding the foregoing, Contractor shall be entitled to use
subcontractors to perform the Work.
9.2. Rights of the City. The City reserves the right to cancel the Contract without penalty, if
circumstances arise which prevent the City from completing the project. In the event of any
conflict between the proposal documents and this Contract, this Contract shall control.
9.3. Interest of City. The Contractor agrees that no member of the governing body, officer,
employee, or agent of the City shall have any interest, financial or otherwise, direct or indirect, in
the Contract.
9.4. Equal Opportunity Statement. Contractor agrees to comply with the provisions of all
applicable federal, state, and City’s statutes, ordinances, and regulations pertaining to civil rights
and nondiscrimination including without limitation Minnesota Statutes, section 181.59 as
amended, incorporated herein by reference.
9.5. Transfer of Interest. The Contractor shall not assign any interest in the Contract, and
shall not transfer any interest in the same either by assignment or novation, without the prior
written approval of the City, provided, however, that claims for money due or to income due to
the Contractor may be assigned to a bank, trust company, or other financial institution, or to a
trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be
furnished to the City. Notwithstanding the foregoing, Contractor shall be entitled to use
subcontractors to perform the Work.
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9.6. Independent Contractor. Nothing contained in this Contract is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/
employee between the parties. The Contractor shall at all times remain an independent
contractor with respect to the Work to be performed under this Contract. The City shall be
exempt from payment of all unemployment compensation, FICA, retirement, life insurance,
medical insurance, and workers’ compensation insurance as the Contractor is an independent
contractor.
9.7. Accounting Standards. The Contractor agrees to maintain the necessary source
documentation and enforce sufficient internal controls as dictated by normally accepted
accounting practices to properly account for expenses incurred under this Contract.
9.8. Retention of Records. The Contractor shall retain all records pertinent to expenditures
incurred under this Contract for a period of six years pursuant to the requirements of Minnesota
Statutes, section 16C.05, subdivision 5.
9.9. Disclosure. The Contractor agrees to comply with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws
relating to data privacy or confidentiality, as those laws may be amended. The Contractor shall
immediately report to the City any requests from third parties for information relating to this
Contract. All data created, collected, received, stored, used, maintained, or disseminated by the
Contractor in performing its obligations is subject to the requirements of the Act. The City
agrees to promptly respond to inquiries from the Contractor concerning data requests. The
Contractor agrees to hold the City, its officers, department heads and employees harmless from
any claims resulting from the Contractor’s failure to disclose data maintained by the Contractor
and authorized for release by the City, and from Contractor’s unlawful disclosure or use of data
protected under state and federal laws.
9.10. Entire Contract. The Contract contains all the terms, conditions, and provisions
pertaining to the Work to be completed by the Contractor, there being no other understandings,
agreements, or warranties, express or implied. All prior negotiations and dealings regarding the
subject matter of the Contract are superseded by and merged into the Contract.
9.11. Applicable Law. This Contract shall be construed in accordance with and governed by
the laws of the state of Minnesota. All proceedings related to this Contract shall be venued in the
State of Minnesota and Hennepin County.
9.12. Amendment. This Contract may be modified or amended only with the written approval
of the City and the Contractor.
9.13. Construction. In the event that any one or more of the provisions of this Contract, or any
application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity,
legality, and enforceability of the remaining provisions or any application thereof shall not in any
way be affected or impaired thereby.
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9.14. Authority. Each of the undersigned parties warrants that it has the full authority to
execute this Contract, and each individual signing this Contract on behalf of a corporation hereby
warrants that he or she has full authority to sign on behalf of the corporation and that he or she
represents and binds such corporation thereby.
9.15. Waiver. No failure by the City to insist upon the strict performance of any covenant,
duty, agreement, or condition contained in this Contract or to exercise any right or remedy
consequent upon a breach thereof shall constitute a waiver of any such breach or any other
covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term,
or condition may be waived again.
9.16. Recitals and Exhibits Incorporated. The recitals contained herein and the exhibits
attached hereto are incorporated in and made part of this Contract.
9.17. Non-Exclusivity. This Contract is not exclusive between the City and the Contractor.
The City, in its sole discretion and without limitation, may retain additional contractors or
subcontractors to perform any or all of the Work to be provided under this Contract. Such
services shall be provided independently from this Contract and under such terms and conditions
as the City and the other contractors or subcontractors may agree to. Nothing in this Contract
shall be construed as limiting the City’s right to retain the services of other contractors.
9.18. Legal Compliance. The Contractor shall abide by all federal, state and local laws,
statutes, ordinances, rules and regulations in its performance of Work and other obligations
under this Contract and obtain all permits and permissions as may be required.
9.19. Severability. The provisions of this Contract shall be deemed severable. If any part of
this Contract is rendered void, invalid, or otherwise unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Contract unless the part or parts that
are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire
Contract with respect to either party.
9.20. City Obligation. All covenants, promises, agreements, and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of the City, and not of any governing body member, officer, agent, servant, or
employee of the City in the individual capacity thereof.
9.21. Time is of the Essence. Time is of the essence with respect to each provision of the
Contract.
9.22. Conflict of Interest. Contractor agrees that it will not, during the term of this Contract,
enter into a contract or otherwise accept employment for the performance of any work or service
with any individual, business, partnership, corporation, government, governmental unit, or any
other organization that would create a conflict of interest in the performance of its obligations
under this Contract.
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9.23. Third Parties. This Contract does not confer any rights upon any third parties or parties
who are not signatories to this Contract.
Section 10. Definitions.
For the purposes of this Contract, the following terms shall have the meaning given them in this
section.
10.1. Asbestos. “Asbestos” means any material containing more than one percent asbestos,
which is friable, releasing asbestos fibers into the air, above current levels established by the
United States Occupational Safety and Health Administration.
10.2. Contract. “Contract” means this agreement between the City and Contractor for the
performance of the Work, together with all exhibits and properly executed amendments thereto.
10.3. Final Completion. “Final Completion” means all items of the Work, “punch list items”
and site work are completed and Contractor is eligible for final payment.
10.4. Hazardous Materials. “Hazardous Materials” means asbestos, PCBs, petroleum
hazardous waste, radioactive material, or any other hazardous materials or hazardous wastes
within the meaning of City, State of Minnesota, or Federal definitions of hazardous materials or
hazardous waste.
10.5. Property. That parcel of land having Hennepin County property identification number
04-118-21-33-0041 and addressed as 5501 Douglas Drive North, Crystal, Minnesota.
10.6. Substantial Completion. “Substantial Completion” means the time at which the City
determines that the Work has progressed to a point where it is sufficiently complete, leaving only
minor “punch list” and close out items and other minor site work required to be completed for
full payment of the Contract Price.
10.7. Work. “Work” means the entire completed demolition and all other activities to be
performed by Contractor on the Property as provided for in the Contract including but not
limited to the specifications for demolition which is Exhibit A to the Contract.
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IN WITNESS WHEREOF, the parties have caused this Contract for Demolition Services
to be duly executed in their names and behalves and on or as of the date and year first above
written.
CITY OF CRYSTAL Date: _______________________________
By its Mayor, Jim Adams: Signature: _______________________________
By its City Manager, Anne Norris: Signature: _______________________________
CONTRACTOR Date: _______________________________
By: _______________________________
Its: _______________________________
Signature: _______________________________
By: _______________________________
Its: _______________________________
Signature: _______________________________
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EXHIBIT A
THE WORK
Contractor shall furnish all labor, materials and equipment, and shall perform all services and
work required to remove the Becker Park Performing Arts Building in strict accordance with
these specifications and in accordance with all applicable ordinances and laws pertaining to
removal of buildings and structures.
1. General Requirements
a. Timeline.
Nov. 8, 2018 (7:00 p.m.) City Council to consider awarding contract
Nov. 14, 2018 Work may begin
Dec. 19, 2018 Deadline for substantial completion
b. MPCA Notice. The city has notified MPCA of the upcoming demolition(s), said
notifications being attached as Exhibit B.
c. Angstrom Analytical Demolition Survey. On Sept 24, 2018, the City received an asbestos
demolition survey report which is attached as Exhibit C.
d. Temporary Fencing. The City will install temporary fencing as necessary around the site
to prevent access during demolition.
e. Site Access. Contractor shall provide and maintain uninterrupted vehicular access to the
Property, including temporary demolition facilities, storage and work areas, for not only
persons and equipment involved in the project but also emergency vehicles. Contractor
shall keep fire hydrants and water control valves free from obstruction and accessible for
use.
f. Utilities. The City shall disconnect and abandon utilities serving the Building(s),
including water, sanitary sewer, electricity, and gas; or arrange for disconnection and
abandonment of same prior to the beginning of the work. Contractor shall be responsible
for calling Gopher State One Call for the location of any underground utilities on or
adjacent to the property prior to demolition.
g. Water. Water for wetting the demolition area and debris will be available from a
temporary meter to be installed on an adjacent hydrant. Contractor shall pay the required
deposit for the meter, but the City will not charge the Contractor for water usage,
provided that such use is reasonable under the circumstances.
h. Debris. All the debris resulting from the Work shall become the property and
responsibility of the Contractor. Contractor may salvage any of the materials and
equipment from the Property as it may desire and must properly dispose of the demolition
debris in a properly licensed disposal facility. Any salvaged items must be removed from
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the Property in a timely manner as they are salvaged. On-site storage or sale of salvaged
items is prohibited.
i. Explosives. The use of explosives and on-site burning by the Contractor is prohibited.
j. Building Permit. The city will obtain a Building Permit for the demolition work.
k. City Inspections. Contractor shall have a City inspection to verify complete foundation
removal. To schedule inspections, contact customerservice@crystalmn.gov or
763.531.1000 ext. 0.
l. Safeguard Properties. Contractor shall take all necessary safeguards to prevent damage
to neighboring properties.
m. Traffic. Prior to closing or rerouting existing traffic lanes or sidewalks in any public
street easement or right-of-way adjacent to streets, the Contractor shall obtain written
permission from the City. Expenses related to lane closures including, but not limited to,
traffic barriers, signs and similar equipment as well as traffic control personnel, shall be
the responsibility of the Contractor.
n. Safety. Contractor shall maintain and enforce all required safety standards for the
protection of life and property. The Contractor shall provide and maintain necessary
signage and safe working conditions. All such costs and requirements shall be the
responsibility of the Contractor.
o. Hours. Contractor may only undertake Work on the Property between the hours of 7:00
A.M. and 7:00 P.M., Monday through Friday, unless otherwise authorized by the City.
2. Demolition of the Performing Arts Building
a. Scope. Contractor shall demolish, remove, transport and properly dispose of the
Performing Arts Building in its entirety, including the floor slab, foundation and footings,
red block retaining walls surrounding building and associated foundations. Removal of
play area surround will be done by others.
b. Grading. Backfill and restoration are not required, but contractor must grade the site to a
safe condition. City crews will complete any necessary backfill and restoration activities
after demolition is complete.
c. Hazardous Materials. Any miscellaneous Hazardous Materials in the Property as
identified in the report from Angstrom Analytical, Inc. will be removed by the City at its
expense prior to the beginning of the Work.
Discovery of any additional apparent asbestos containing materials by Contractor during
demolition shall require Contractor to halt the demolition work until testing and
abatement (if applicable) is completed by the City’s testing and abatement contractors at
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City expense. If any apparent asbestos containing materials are discovered during the
demolition process, Contractor shall immediately notify the city so the city can order the
testing and abatement (if applicable). Contractor is not entitled to additional
compensation for any delays resulting from the necessity to halt demolition work for such
testing and abatement, except that the completion deadline shall be extended to
accommodate the delay and any resulting additional work needed shall be at the expense
of the City.
d. Wells and Underground Storage Tanks. The City is not aware of any wells or
underground storage tanks within or underneath the Performing Arts Building.
Discovery of any such items by Contractor during demolition may require Contractor to
halt the demolition work until well sealing or tank removal is completed by the City’s
respective specialty contractors at City expense. If any evidence of wells or underground
storage tanks are discovered during the demolition process, Contractor shall immediately
notify the city so the city can order the well sealing or tank removal. Contractor is not
entitled to additional compensation for any delays resulting from the necessity to halt
demolition work for such work removal, except that the completion deadline shall be
extended to accommodate the delay.
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EXHIBIT B
MPCA DEMOLITION NOTIFICATION
(attached hereto)
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Demolition/Renovation notification
Asbestos Program
Doc Type: Asbestos & Demolition/Amendments
Type of notification:Original Amended Project cancellation
Notification must be postmarked or received ten (10)working days before demolition begins. See Item 5 for emergency
demolitions. Both start and end dates should be amended in writing as necessary to reflect current project dates.
Submittal: Notifications may be made electronically (preferred) or by paper copy. To submit this form electronically, save the
form to your computer and send the form to the Minnesota Pollution Control Agency (MPCA) by using the submit button at the
end of the form, or attach the form to an email message, using Demolition/Renovation notification as the subject line to
asbestos.demolition.pca@state.mn.us. To submit the form by paper copy, please mail to the Asbestos Program at the address
above; or fax to 651-297-1438. If you have any questions, contact the MPCA Asbestos Coordinator Kit Grayson at 218-302-6627.
Demolition contractor
Name of firm or organization:
Mailing address:
City:State:Zip code:
Contact:Phone:Email:
Building owner
Name of owner:
Mailing address:
City:State:Zip code:
Contact:Phone:Email:
Building information
Name of building:
Address/Location:County:
City:State:Zip code:
Contact:Phone:Email:
Age of building:yrs Size of building:sq.ft. Number of floors, including basement level(s):
Present use of building:
Prior use of building:
Dates of demolition or intentional burning Start date:End date:
mm/dd/yyyy mm/dd/yyyy
Note:If the combined amount of Regulated Asbestos Containing Material (RACM) exceeds 260 linear feet, 160 square feet, or 35 cubic feet in the
facility to be demolished, it must be removed by a licensed asbestos contractor prior to demolition. The State of MN-Notice of intent to perform an
asbestos abatement project http://www.pca.state.mn.us/publications/w-sw4-06.doc must be used to notify for the asbestos removal.
Is nonfriable ACM present in the structure to be demolished?Yes No
Will nonfriable ACM be present in the structure at the time of demolition?Yes No
If Yes to both questions above, complete Items 1-9. If No to either question, complete Items 3-9.
1. If ACM will be left in place indicate the amount of Category I and/or Category II nonfriable ACM left in place.
Category I: Linear feet
Square feet
Cubic feet
Category I nonfriable ACM means asbestos-
containing packings, gaskets, resilient floor covering,
and asphalt roofing products containing more than
one percent asbestos.
Category I nonfriable ACM is not allowed to
remain in place for demolition if it is in poor
condition.
Category II:Linear feet
Square feet
Cubic feet
Category II nonfriable ACM means any material, excluding Category I
nonfriable ACM, containing more than one percent Asbestos that, when dry,
cannot be crumbled, pulverized, or reduced to a powder by hand pressure.
Category II nonfriable ACM is not allowed to remain in place for
demolition if it has a high probability of becoming crumbled, pulverized,
or reduced to a powder during demolition, transport, or disposal (e.g.,
transite, cement, slate roofing).
Kevitt Excavating
3335 Pennsylvania Avenue North
Crystal MN 55427
Jeremy Juday 763-231-3965 jjuday@kevittexcavating.com
City of Crystal
4800 Douglas Drive North
Crystal MN 55429
John Elholm 763-531-1150 john.elholm@crystalmn.gov
Becker Park Performing Arts Building
5501 Douglas Drive North Hennepin
Crystal MN 55429
John Elholm 763-531-1150 john.elholm@crystalmn.gov
32 3300 1
Park building with stage, concession stand, restrooms and indoor rental space
same
11/14/2018 12/19/2018
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2. Description and location of ACM remaining in place (including number of floors and rooms):
3. Company and/or individual that conducted the building inspection and the procedure used to determine the presence
or absence of ACM (including analytic method):(Note: Prior to demolition all structures must be inspected by a licensed
asbestos inspector who has been certified through the Minnesota Department of Health.)
4. Description of planned demolition and the specific method(s) that will be used:
5. If the demolition was ordered by a government agency, please identify the agency and attach a copy of the order:
Name: Title:
Authority:
Date of order (mm/dd/yy):Start date (mm/dd/yy):
Notification for an emergency demolition must be submitted as early as possible before demolition begins, but not later than the
following working day. A demolition is considered an emergency only when the facility has been deemed structurally unsound
and in danger of imminent collapse. If the structurally unsound building is known to contain any regulated ACM or is suspected
to contain any regulated ACM, special procedures must be followed. If you are unaware of the special procedures, instructions/
regulations can be obtained by contacting the MPCA at the phone numbers listed below. Refer to 40 CFR 61.145(a)(3) for
additional information.
6. Description of procedure to be followed in the event that unexpected RACM is found or Category II nonfriable ACM
becomes crumbled, pulverized or reduced to powder:
7. Waste transporter information:
Transporter name:
Mailing address:
City:State:Zip code:
Contact:Phone:Email:
8. Permitted waste disposal site information: *see below for more information
Landfill name:
Mailing address:
City:State:Zip code:
Contact:Phone:Email:
9. By typing my name below, I certify that the above information is correct and I am a bonafide representative of the
demolition contractor or building owner and have authority to enter into agreements for my employer.
Print name:Title:
(This document has been electronically signed.)Date:
Important Note:Ensure you are in compliance with Minn. R. 7035.0805 prior to the commencement of
renovation/demolition.This rule requires that the following items be removed two days prior to demolition: mixed municipal solid
waste; household hazardous waste; industrial or hazardous waste; waste tires; major appliances; items containing elemental
mercury, Poly-Chlorinated BiPhenyls (PCBs), and chlorofluorocarbons (CFCs); oil; lead; electronics; and other prohibited items. See
MPCA website at http://www.pca.state.mn.us/publications/w-sw4-20.pdf for a Pre-Renovation/Demolition Environmental Checklist
Guidance Document to assist with completion of this rule.
*Demolition waste must be disposed of at a permitted solid waste facility. For other disposal option please contact the regional
MPCA solid waste compliance/enforcement staff with any questions.
Jason Knapp from Angstrom Analytical collected 24 samples of suspect building materials. The samples were analyzed in their
laboratory using Polarized Light Microscopy. There were no asbestos containing building materials found.
Heavy equipment will knock the building down and will remove the foundation. Debris will be placed in dumpsters or trucks for
hauling off site. Red block will be taken to Barton Sand and Gravel in Maple Grove. Other debris will be taken to the site
indicated below. Water will be used to control dust.
Demolition will be halted until a licensed asbestos inspector can evaluate the material and recommend solutions.
Kevitt Excavating
3335 Pennsylvania Avenue North
Crystal MN 55427
Jeremy Juday 763-231-3965 jjuday@kevittexcavating.com
SKB Environmental Inc
13425 Courthouse Road
Rosemount MN 55068
Derek Gessell 651-438-1500 derekg@wcnx.org
John Elholm Recreation Director
10/26/2018
Submit Reset
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EXHIBIT C
ANGSTROM ANALYTICAL REPORT
(attached hereto)
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EXHIBIT D
PAYMENT SCHEDULE FOR THE WORK
80% Upon substantial completion of building(s) demolition (inspection required to verify
foundation removal)
20% Upon receipt of close-out documentation including, but not limited to, the following:
Lien waivers from subcontractors and suppliers including the disposal facility
Compliance with Minn. Stat. § 290.92 pertaining to withholding taxes
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EXHIBIT E
NAMES OF SUPPLIERS AND SUBCONTRACTORS
(Provided by Contractor)
(If any)
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Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: November, 2018 (November 8, 2018 Council Meeting)
Re: First Reading of Chapter 12 Amendment (Liquor Licensing)
The proposed delete-all amendment to Chapter 12 of the City Code is before the City Council for a
first reading. The City Council has reviewed the proposed amendment at its work sessions on
September 17, 2018 and October 16, 2018.
As previously discussed, the regulations related to liquor licensing are strictly controlled by statute,
with some flexibility given to local governments. This amendment continues the decisions the City
Council made in a past amendment to broaden the chapter to provide for the licensing of the wider
range of establishments the Legislature allowed to be licensed some years ago. An effort was made
to make the chapter easier to follow and to more clearly break out the different types of licenses the
city may issue. Many of the formatting changes in the amendment track with the model ordinance
produced by the Minnesota League of Cities.
Based on direction from the City Council at its October 16, 2018 work session, I replaced the specific
restrictions in Section 1200.05, subd. 1(g) & (h) on the periods for which temporary licenses may be
issued with a more general statement about the city being able to limit the number of temporary
licenses issued in a year to any one organization or for any one location. This language will allow
the city to impose a limit if needed to avoid the potential abuse of the temporary licensing process
while avoiding static limits. The other comments made at the worksession were related to language
that is controlled by statute and could not be changed.
The City Council is being asked to take action to approve a first reading of the ordinance amending
Chapter 12.
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CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING
CHAPTER XII OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter XII of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XII
SALE, CONSUMPTION AND DISPLAY OF LIQUOR AND BEER
Section 1200 - Intoxicating liquor
1200.01. Adoption of state law.
Subd. 1. Chapter 340A. The provisions of Minnesota Statutes, chapter 340A, with
reference to the definition of terms, conditions of operation, restrictions on consumption,
provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale,
distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor, are hereby
adopted by reference and are made a part of this Crystal city code, chapter XII as if set out in
full. It is the intention of the city council that all future amendments to Minnesota Statutes,
chapter 340A, are hereby adopted by reference and are incorporated herein.
Subd. 2. Additional restrictions. The city council is authorized by the provisions of
Minnesota Statutes, section 340A.509 to impose, and has imposed in this section, additional
restrictions on the sale and possession of alcoholic beverages within its limits beyond those
contained in Minnesota Statutes, chapter 340A.
1200.03. Definitions. For the purpose of this section, the following terms shall have the
meaning given them in this subsection. These definitions are in addition to the definitions
contained in Minnesota Statutes, section 340A.101, which are adopted by reference and
incorporated herein.
Subd. 1. Commissioner. “Commissioner” means the commissioner of public safety,
except as otherwise provided in Minnesota Statutes, chapter 340A.
Subd. 2. Liquor. “Liquor” means both intoxicating liquor and 3.2 percent liquor.
Subd. 3. Restaurant. “Restaurant” means an eating facility, other than a hotel, under the
control of a single proprietor or manager, where meals are regularly prepared on the premises,
where full waitress/waiter table service is provided, where a customer orders food from printed
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menus and where the main food course is served and consumed while seated at a single location.
To be a restaurant as defined by this subsection, an establishment shall have a license from the
state as required by Minnesota Statutes, section 157.16 and meet the definition of a “small
establishment,” “medium establishment,” or “large establishment” as those terms are defined in
Minnesota Statutes, section 157.16, subdivision 3(d). An establishment which serves
prepackaged food that receives heat treatment and is served in the package or frozen pizza that is
heated and served, shall not be considered to be a restaurant for purposes of this section unless it
meets the definitions of a “small establishment,” “medium establishment,” or “large
establishment.”
1200.05. License required. It is unlawful to sell liquor or keep it for sale without first obtaining
a license therefor from the city and complying with all applicable laws, rules, and regulations of
the state of Minnesota and the city.
1200.07. Types of licenses; fees.
Subd. 1. License classifications. The city council may issue the following types of liquor
licenses:
License Type Statutory
Reference
Mandatory
Accompanying
License
Associated
License Types
Commissioner
Approval
Required 1
On-sale, full
liquor
340A.404, subd. 1 Caterer’s permit
340A.404, subd.
12 2
On-sale club 340A.404, subd. 1 X
On-sale
microdistillery
cocktail room
340A.22, subd. 2
Off-sale
microdistillery
340A.22, subd. 4 Manufacturer’s
license
340A.301
On-sale brewer
taproom
340A.26 Manufacturer’s
license
340A.301
Off-sale, small
brewer
Off-sale 340A.405
Off-sale brew
pub
340A.24 Brew pub
340A.301,
subd. 6(d)
On-sale brew
pub
340A.24 Brew pub
340A.301,
subd. 6(d)
1 Pursuant to Minn. R. 7515.0440.
2 Caterer’s permits are issued by the commissioner.
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Off-sale small
brewer
340A.28 Manufacturer’s
license
340A.301,
subd. 6, clauses
(c), (i), or (j)3
On-sale wine 340A.404, subd. 5 X
Culinary Class 340A.4041
Sunday sales 340A.504, subd. 3
Temporary on-
sale licenses
340A.404, subd.
10
(a) On-sale intoxicating liquor license. On-sale intoxicating liquor licenses
shall be granted only to hotels, clubs and restaurants. Such license shall
be issued to clubs and congressionally chartered veterans’ organizations
if they have been in existence for at least three years and liquor sales
will only be to members and bona fide guests of such club or
organization.
(b) Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses
may be issued to an exclusive liquor store, and shall permit off-sale of
intoxicating liquor and 3.2 percent malt liquor.
(c) On-sale wine licenses. Wine licenses may be issued, with the approval
of the commissioner, only to restaurants having facilities for seating at
least 25 people at one time for the sale of wine not exceeding 24
percent alcohol by volume. A rabbi, priest or minister of a church or
other established religious organization may import wine exclusively
for sacramental purposes without a license. No license shall be required
for the resale of wine by a rabbi, priest, minister or pastor of a duly
organized religious organization to worshippers solely for the purpose
of practicing religious rites in their homes.
(d) On-sale 3.2 percent malt liquor license. On-sale 3.2 percent malt liquor
licenses may be issued to bona fide clubs, restaurants and hotels for the
sale of 3.2 percent malt liquor with the incidental sale of tobacco and
soft drinks at retail, provided that no manufacturer or wholesaler of
such 3.2 percent malt beverage shall have any ownership, in whole or
in part, in the business of any licensee holding an on-sale 3.2 percent
malt liquor license. Such license shall permit the licensee to sell 3.2
percent malt liquor for consumption on the premises of the licensee as
set forth in such license.
(e) Off-sale 3.2 percent malt liquor license. Off-sale 3.2 percent malt liquor
licenses may be issued to general foodstores and drugstores, and shall
3 Small brewers are limited to those brewers who hold a manufacturer’s license pursuant to Minnesota Statutes,
section 340A.301, subdivision 6, clauses (c), (i), or (j).
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permit the sale of 3.2 percent malt liquor at retail, in the original
package, for consumption off the premises only.
(f) On-sale Sunday liquor license. On-sale Sunday liquor licenses may be
issued only to restaurants, clubs or hotels with facilities for serving not
less than 30 guests at one time, to which an on-sale intoxicating liquor
license has been issued. Such license shall permit the sale of liquor to
be consumed on the premises pursuant to Minnesota Statutes, section
340A.504, subdivision 3. No Sunday license is needed for an on-sale
wine license.
(g) Temporary on-sale 3.2 malt liquor license. Temporary on-sale 3.2
percent malt liquor licenses may be issued to clubs or charitable,
religious or nonprofit organizations which have been in existence for
three years. The license may authorize the on-sale of 3.2 percent malt
liquor for consumption on a specific premises for the period established
in the temporary license, which shall not exceed any applicable limit
imposed in Minnesota Statutes, chapter 340A. Licenses issued under
this subsection are subject to all laws and ordinances governing the sale
of intoxicating liquor. The city may limit the number of temporary
licenses issued in a year to any one organization or for any one location.
(h) Temporary on-sale intoxicating liquor license. Temporary on-sale
intoxicating liquor licenses may be issued to clubs, charitable, religious
or other nonprofit organizations which have been in existence for at
least three years, or to a state-registered political committee, in
connection with a social event within the city and sponsored by the
licensee. The city shall not issue more than three temporary licenses to
any one organization or location during a calendar year, and each such
license is limited to not more than four consecutive days. The license
may authorize sales on the premises other than that owned or
permanently occupied by the licensee. The license may provide that the
licensee may contract for intoxicating liquor catering services with the
holder of a full year on-sale intoxicating liquor license issued by any
municipality. The licenses are subject to the terms, including a license
fee, imposed by the issuing municipality. Licenses issued under this
section are subject to all laws and ordinances governing the sale of
intoxicating liquor, except that those laws and ordinances which, by
their nature, are not applicable. A license approved by the city council
under this section shall not be valid until it is approved by the
commissioner. The city may limit the number of temporary licenses
issued in a year to any one organization or for any one location.
(i) Club license. Club licenses may be issued to clubs as provided in
Minnesota Statutes, section 340A.404, subdivision 1. No license shall
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be issued or renewed to a club which discriminates against members or
applicants for membership, or guests of members, on the basis of race.
(j) Brew pub off-sale malt liquor license. A brew pub off-sale malt liquor
license may be issued, with the approval of the commissioner, to a
brewer who holds an on-sale intoxicating liquor or 3.2 percent malt
liquor license issued by the city for a restaurant operated in the place of
manufacture, subject to the following conditions:
(1) The malt liquor sold off-sale must be produced and packaged on
the licensed premises.
(2) Off-sale of malt liquor shall be limited to the legal hours for off-
sale pursuant to this section.
(3) The malt liquor sold off-sale must be removed from the licensed
premises before the applicable off-sale closing time pursuant to
pursuant to this section.
(4) The malt liquor sold off-sale shall be packaged in 64-ounce
containers commonly known as “growlers” or in 750 milliliter
bottles and shall have the following requirements for packaging:
(i) The containers shall bear a twist type closure, cork,
stopper or plug;
(ii) At the time of sale, a paper or plastic adhesive band,
strip or sleeve shall be applied to the container and
extend over the top of the twist type closure, cork,
stopper or plug forming a seal that must be broken upon
opening of the container or bottle;
(iii) The adhesive band, strip or sleeve shall bear the name
and address of the brewer/licensee selling the malt
liquor; and
(iv) The containers shall be identified as malt liquor, contain
the name of the malt liquor, bear the name and address
of the brewer/licensee selling the malt liquor, and the
contents in the container packaged as required herein
shall be considered intoxicating liquor unless the
alcoholic content is labeled as otherwise in accordance
with the provisions of Minnesota Rules, part 7515.1100.
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(5) The retail sales for a brewer/licensee at on-sale or off-sale under
this subsection may not exceed 3,500 barrels per year, provided
that off-sales may not total more than 50 percent of the
brewer/licensee’s production or 500 barrels, whichever is less.
(6) A brewer operating a brewpub may hold or have an interest in
other retail on-sale licenses, but may not have an ownership
interest in whole or in part, or be an officer, director, agent or
employee of, any other manufacturer, brewer, importer, or
wholesaler or be an affiliate thereof, whether the affiliation is
corporate or by management, direction or control.
Notwithstanding this prohibition, a brewer licensed under this
provision may be an affiliate or subsidiary company of a brewer
licensed in Minnesota or elsewhere if that brewer’s only
manufacture of malt liquor is:
(i) As a brew pub as defined herein and limited to the
regulations of a brewpub by this chapter;
(ii) Manufactured in another state for consumption
exclusively in a restaurant located in the place of
manufacture or brewing; or
(iii) Manufactured in another state for consumption primarily
in a restaurant located in or immediately adjacent to the
place of manufacture, if the brewer was licensed subject
to the regulations herein on January 1, 1995.
(k) Brewer off-sale malt liquor license. A brewer who has a license from
the commissioner to brew 20,000 barrels of malt liquor per year may
with the approval of the commissioner be issued a license by the city
for off-sale of malt liquor subject to the following conditions:
(1) The malt liquor sold off-sale must be produced and packaged on
the licensed premises.
(2) Off-sale of malt liquor shall be limited to the legal hours for off-
sale pursuant to this section, except an establishment that holds
a brewer off-sale malt liquor license may sell malt liquor off-
sale between the hours of 8:00 a.m. and 10:00 p.m. on Sundays.
(3) The malt liquor sold off-sale shall be packaged in 64-ounce
containers commonly known as “growlers” or in 750 milliliter
bottles and shall have the following requirements for packaging:
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(i) The containers or bottles shall bear a twist type closure,
cork, stopper or plug.
(ii) At the time of sale, a paper or plastic adhesive band,
strip or sleeve shall be applied to the container or bottle
and extend over the top of the twist type closure, cork,
stopper or plug forming a seal that must be broken upon
opening of the container or bottle.
(iii) The adhesive band, strip or sleeve shall bear the name
and address of the brewer/licensee selling the malt
liquor.
(iv) The containers or bottles shall be identified as malt
liquor, contain the name of the malt liquor, bear the
name and address of the brewer/licensee selling the malt
liquor, and the contents in the container packaged as
required herein shall be considered intoxicating liquor
unless the alcoholic content is labeled as otherwise in
accordance with the provisions of Minnesota Rules, part
7515.1100.
(l) Brewer taproom license. A brewer who has a license from the
commissioner to brew up to 20,000 barrels of malt liquor per year may
be issued a license by the city for on-sale of malt liquor subject to the
following conditions:
(1) The malt liquor sold on-sale for consumption must be produced
by the brewer on the licensed premises
(2) No other beverages containing alcohol may be sold or
consumed on the licensed premises
(3) A brewer may only have one taproom license.
(4) A restaurant is not allowed at a brewery with a taproom license.
(5) On-sale of malt liquor shall be limited to the legal hours for on-
sale pursuant to this section except an establishment that holds a
brewer taproom license may sell malt liquor produced by the
brewer on the licensed premises on-sale for consumption
between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on
Mondays.
(m) Culinary class limited on-sale intoxicating license. Culinary class
limited on-sale intoxicating licenses may be issued to a business
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establishment not otherwise eligible for an on-sale intoxicating liquor
license and that, as part of its business, conducts culinary or cooking
classes for which payment is made by each participant or advance
reservation required. The license authorizes the licensee to furnish to
each participant in each class, at no additional cost to the participant, up
to a maximum of six ounces of wine or 12 ounces of intoxicating malt
liquor, during and as part of the class, for consumption on the licensed
premises only. All provisions of this chapter that apply to on-sale
intoxicating liquor licenses, other than provisions inconsistent with this
section, apply to licenses issued under this section, except that sec. 3-61
related to liability insurance shall not apply.
(n) Microdistillery cocktail room license. A microdistillery cocktail room
license may be issued to the holder of a microdistillery license issued
under Minnesota Statutes, section 340A.22. A microdistillery cocktail
room license authorizes the on-sale of distilled liquor produced by the
distiller for consumption on the premises of or adjacent to one distillery
location owned by the distiller.
(1) The city shall, within ten days of the issuance of a
microdistillery cocktail room license inform the commissioner
of the licensee’s name and address and trade name, and the
effective date and expiration date of the license. The city shall
also inform the commissioner of a license transfer, cancellation,
suspension, or revocation during the license period.
(2) No single entity may hold both a microdistillery cocktail room
and taproom license, and a cocktail room and taproom may not
be co-located.
(3) A restaurant is not allowed at a microdistillery with a cocktail
room license.
(o) Microdistillery off-sale license. A microdistillery off-sale license may
be issued to the holder of a microdistillery license issued under
Minnesota Statutes, section 340A.22 subject to the following
conditions:
(1) The license permits the sale of one 375 milliliter bottle per
customer per day of product manufactured on site;
(2) Off-sale shall be limited to the legal hours for off-sale.
(3) No brand may be sold at the microdistillery unless it is available
for distribution to by wholesalers.
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In addition to issuing each of these license types, the city council may also issue any lawful
combination thereof. The city council may issue any number of licenses, subject to the limits
contained in Minnesota Statutes, chapter 340A. A licensee under this section may also sell, as an
incident to the sale of intoxicating liquors, food, tobacco products, 3.2% malt beverages, and soft
drinks, if otherwise permitted and licensed to do so, as required.
Subd. 2. Sunday sales licenses.
(a) A Sunday sales license may only be issued under this section to a person or entity
which meets the definition of a “restaurant” under Crystal city code, subsection
1200.03, and who also holds one of the following licenses:
(1) On-sale liquor, full liquor;
(2) On-sale wine;
(3) On-sale brew pub; or
(4) On-sale brewer taproom.
(b) In order for a restaurant to be eligible for a Sunday sales license under this section,
it shall meet the criteria contained in Minnesota Statutes, section 340A.504,
subdivision 3, and it shall also meet the following criteria at all times where
intoxicating liquors are offered for Sunday sales:
(1) The establishment must conform to the requirements of Minnesota Statutes,
sections 144.411 to 144.417, and the Minnesota clean indoor air act; and
(2) The hours of sale for intoxicating liquor shall be those specified in Minnesota
Statutes, chapter 340A. Holders of on-sale brew pub and on-sale brewer
taproom licenses are authorized to conduct on-sale business on Sundays if they
hold a Sunday sales license. Malt liquor in growlers only may be sold by brew
pubs, brewer taprooms, and small brewers at off-sale on Sundays between the
hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday, if approved by the
city council.
Subd. 3. Restaurant license. The establishment must be licensed as a restaurant under
this code and conform to the provisions of Crystal city code, chapter VI.
Subd. 4. Food service. Food service in the establishment must be provided continuously
during operating hours as permitted by this Crystal city code.
Subd. 5. Food preparation. The food preparation area of the establishment must be
capable of preparing and serving full meals. At least one cook and one dishwasher must be on
duty during hours of operation.
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Subd. 6. On-sale of 3.2% malt liquor and wine. The holder of an on-sale wine license
issued pursuant to this section must concurrently hold an on-sale 3.2% malt liquor license to sell
3.2% malt liquors at on-sale. The holder of an on-sale wine license who is also the holder of an
on-sale 3.2% malt liquor license may sell intoxicating malt liquors at on-sale without an
additional license.
Subd. 7. Intoxicating liquor license holder sale of 3.2% malt liquor and wine. Holders of
an on-sale, full liquor license may sell 3.2% malt liquors and wine at on-sale without further
license.
Subd. 8. License fees. Fees for licenses issued pursuant to this section are set by Crystal
city code, appendix IV. The acceptance by the city of any partial portion of payment shall not
constitute a waiver on the part of the city of the whole license fee which is hereby declared to be
one divisible fee.
Subd. 9. Temporary on-sale licenses. All temporary on-sale licenses issued by the city,
including temporary on-sale licenses for the sale of 3.2% malt liquor, shall be subject to the
restrictions included in Minnesota Statutes, section 340A.410, subdivision 10.
1200.09. License procedure.
Subd. 1. Application. An applicant for a liquor license from the city must file with the
city clerk a written application in the form prescribed by the city. Each license application shall
contain, at a minimum, the information required in Crystal city code, subsection 1000.11.
Subd. 2. Qualifications of applicant. A license may not be issued to a person unless they
meet all of the requirements of Minnesota Rules, part 7515.0410, as may be amended from time
to time. A false material statement made in the application is grounds for revocation of the
license.
Subd. 3. Operating manager. When a licensee places an operating manager in charge of
a business, or if the named operating manager(s) in charge of a licensed business changes, the
licensee must complete and submit the appropriate application within 14 days. The application
must include all appropriate information required in this section.
(a) Upon completion of an investigation of a new operating manager, the licensee
must pay an amount equal to the cost of the investigation to assure compliance
with this chapter. If the investigation process is conducted solely within the state
of Minnesota, the fee shall be $500.00. If the investigation is conducted outside
the state of Minnesota, the issuing authority may recover the actual investigation
costs not exceeding $10,000.00.
Subd. 4. Application execution. All applications for a license under this chapter must be
signed and certified by the applicant. If the application is that of a natural person, it must be
signed and certified by such person; if that of a corporation, by an officer thereof; if that of a
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partnership, by one of the general partners; and if that of an unincorporated association, by the
operating manager or managing officer thereof.
1200.11. Insurance required. Prior to the issuance of a license the applicant must file with the
city clerk satisfactory evidence of adequate insurance coverage which also must meet the
conditions specified in Minnesota Statutes, section 340A.409, as amended. The licensee must
provide evidence of coverage in the form of a certificate of insurance complying with the most
recent edition of the applicable ACORD forms (or similar insurance service organization forms),
as approved by the city manager or designee. The licensee shall notify and identify the city to its
insurance carrier(s) and require its insurance carrier(s) to provide the statutory cancellation
notice if the policy is cancelled, not renewed or materially changed. Failure to maintain the
insurance required by this subdivision is grounds for revocation or suspension of the license.
1200.13. Investigation of license applicants.
Subd. 1. Preliminary background and financial investigation. On an initial application
for a license, on an application for transfer of a license and, in the sound discretion of the city
council that it is in the public interest to do so, on an application for renewal of a license, the city
shall conduct a preliminary background and financial investigation of the applicant or it may
contract with the Commissioner for the investigation. The applicant shall pay with the
application an investigation fee of $500 which shall be in addition to any license fee. If the cost
of the preliminary investigation is less than $500, the unused balance shall be returned to the
applicant. The results of the preliminary investigation shall be sent to the Commissioner if the
application is for an on-sale intoxicating liquor license or an on-sale wine license.
Subd. 2. Comprehensive background and financial investigation. If the results of a
preliminary investigation warrant, in the sound discretion of the city council, a comprehensive
background and financial investigation, the city may either conduct the investigation itself or
contract with the commissioner for the investigation. The investigation fee for this
comprehensive background and financial investigation to be paid by the applicant shall be $500,
less any amount paid for the initial investigation if the investigation is to be conducted within the
state, and $10,000, less any amount paid for the initial investigation, if the investigation is
required outside the state. The unused balance of the fee shall be returned to the applicant
whether or not the application is denied. The fee shall be paid in advance of any investigation
and the amount actually expended on the investigation shall not be refundable in the event the
application is denied. The results of the comprehensive investigation shall be sent to the
commissioner if the application is for an on-sale intoxicating liquor license or an on-sale wine
license.
1200.15. Burden of proof.
Subd. 1. Misrepresentations. In the event that the applicant for a license, or a holder of
an existing license fails to make complete and accurate disclosure to the city council, city
manager, or chief, or any officer of the city so designated by them, or fails to promptly produce
books, records, leases or subleases or to promptly correct any deficiency in the operation or
management of the premises as requested, then such refusal or non-compliance may be sufficient
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grounds for denial of the new license, revocation or suspension of an existing license or refusal
to renew an existing license, pursuant to subsection 1000.31 of the Crystal city code and other
applicable law.
1200.17. License year. Pro rata licenses may be issued to new licensees for a partial year
pursuant to the terms of this subsection. Licenses issued between July 1 and December 31 of a
year shall be charged the full license fee. Licenses issued between January 1 and June 30 shall
be charged one-half of the full license fee. Liquor licenses expire on the 30th day of June of
each year. The city council may in its discretion provide by resolution for an increase or
decrease in the license bond. Liquor licenses commence on July 1 of each year, except that pro
rata licenses shall become effective upon the date issued by the city council.
1200.19. Renewal reports. A licensee must furnish the city clerk the following information not
later than 60 days prior to renewal of each retail liquor license:
(a) The name or names of all persons owning or having an interest in the licensed
business including their age, occupation, residence and place of business; and
(b) A list of all other liquor businesses by name and address that are located in the
state of Minnesota in which such person listed in paragraph (a) have an interest,
and state the extent of such interest.
1200.21. License revocation; improperly issues licenses. A license issued to a person not
entitled to receive the same under this section or any law of the state of Minnesota, including
licenses which are issued based upon misrepresentations made by the applicant, shall be revoked
by the city council at any time after ten days’ notice and public hearing in accordance with
Crystal city code, chapter X.
1200.23. Corporations and partnerships holding licenses.
Subd. 1. Stock transfers. A corporate retail liquor licensee must report within 14 days to
the city clerk prior to each and any proposed change of legal ownership or beneficial interest in
any of said corporate shares of stock if such transfer affects five percent or more of the capital
stock or interest of said corporation or partnership. The report must be in writing and list all
stockholders or partners, their age, occupation, their residence address, the number of shares held
by each, whether individually or for the benefit of others. The report must include all powers of
attorney for proxies granted that relate to the voting of the corporate shares of stock. The city
council may approve or disapprove each such proposed transfer or assignment.
Subd. 2. Change of control. Any change in the legal ownership or beneficial interest in
the shares of stock that results in a change of ownership or change of control of the corporation
or partnership is hereby declared to be a transfer of a liquor license that is prohibited by this
section and prior approval of the city council is required. A new application, new investigation,
new license fee, and new processing are required. A change of partners will be deemed to be a
new person requiring a new application, new investigation, new license fee, and a new
processing. The city council will consider and vote on the matter of the change of ownership or
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control of the licensee as though an outsider were desiring to take out a new license. The failure
to obtain such prior approval of the city council or to produce books or other records in
compliance with this section is grounds for automatic revocation of the corporate liquor license
after notice and a public hearing.
Subd. 3. Corporation books. The city council or any officer of the city so designated by
it may at any reasonable hour examine the stock, transfer records, minute books and all other
business records of the corporate licensee as may appear necessary. This right is especially
provided to disclose the extent of the interest of any and all persons in the licensed corporation or
partnership, the ownership and voting of shares of stock of the corporation or partnership, and to
determine whether or not any change of the legal ownership of, or beneficial interest in certain
shares of stock by itself or together with other transfers of shares of stock has directly or
indirectly resulted in a multiple ownership or in a change of control of the licensed business.
Particular scrutiny must be given to proxy voting and powers of attorney to vote stock shares.
Subd. 4. Corporate stockholder. The sale or transfer of shares of voting stock by the
corporate licensee to another corporation is prohibited.
Subd. 5. Corporation information. In the case of publicly held corporations the city
manager may accept disclosure documents required by the Securities and Exchange Commission
of the United States of America in lieu of or as supplemental to information required of a
corporation under any provision of this section.
Subd. 6. Application to partnerships. The terms of this section shall apply to all legally
recognized forms of partnerships to the same extent and in the same manner as they apply to any
legally recognized corporation.
1200.25. Submissions to commissioner of public safety. The city clerk shall provide all
necessary information to the commissioner of the department of public safety as required by
Minnesota Statutes, chapter 340A and Minnesota Rules, chapter 7515.
1200.27. Multiple ownership. No person shall be issued any combination of licenses authorized
under this section unless such combination of licenses is authorized under Minnesota Statutes,
chapter 340A.
1200.29. License transfer; posting. Liquor licenses are non-transferable. Licenses must be
posted in a conspicuous place in the premises for which they are issued.
1200.31. License refunds. A liquor licensee may apply to the city council for a pro-rata refund
of the license fee paid in the following cases:
(a) The licensed premises of the business are destroyed by fire or other catastrophe;
(b) The licensee ceases business because of death or serious illness; or
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(c) Any act of the legislature or local option election prohibiting the sale of
intoxicating liquors by the licensee, except this provision shall not apply where
the licensee’s ability to sell intoxicating liquors is prohibited based on violation of
any applicable laws or rules.
The city council shall, in its sole discretion, determine whether such a refund is appropriate, and
if so, in what amount.
1200.33. Consumption and display permits.
Subd. 1. Permit required. No business establishment or club which does not hold an on-
sale intoxicating liquor license may directly or indirectly allow the consumption and display of
alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating
liquor without first having obtained a permit from the commissioner. Rental of a public facility
does not make the city or the facility a “business establishment” for purposes of this section. The
city council must consent to all permits issued by the commissioner pursuant to Minnesota
Statutes, section 340A.414, subdivision 5.
Subd. 2. Additional fees. There is imposed upon holders of permits issued pursuant to
Minnesota Statutes, section 340A.114 an additional fee of $300 per annum. The fee must be
paid to the city finance director on or before March 31 of each year and a receipt given thereof,
provided, however, upon commencement of a new permit period under the state permit, if a
portion of the year has elapsed when payment is made, a pro rata fee may be paid but no such
pro rata fee may be less than $150. In computing the fee, an unexpired fraction of a month is
counted as one month. The receipt must be posted in some conspicuous place upon the premises
alongside the state permit.
Subd. 3. Inspections. A business establishment or club issued a permit shall be open for
inspection pursuant to Minnesota Statutes, section 340A.414, subdivision 7.
Subd. 4. Hours of consumption and display. The hours of consumption and display of
intoxicating liquor are those specified in Minnesota Statutes, chapter 340A.
1200.35. Conditions of license; penalties.
Subd. 1. Conditions of license. The failure of a licensee to meet any one of the following
conditions of the license specified below shall result in application of penalties provided in this
section.
(a) Within 90 days after employment, every person selling or serving liquor in an
establishment which has an on-sale license shall receive training regarding the
selling or serving of liquor to customers. The training shall be provided by an
organization approved by the city council. Proof of training shall be provided by
the licensee.
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(b) Every licensee is responsible for the conduct of the place of business and the
conditions of sobriety and order in it. The act of any employee on the licensed
premises is deemed the act of the licensee as well, and the licensee shall be liable
for all penalties provided by this ordinance and the law equally with the
employee.
(c) Every licensee shall allow any peace officer, health officer, city employee, or any
other person designated by the city council to conduct compliance checks and to
otherwise enter, inspect, and search the premises of the licensee during business
hours and after business hours during the time when customers remain on the
premises without a warrant.
(d) No on-sale establishment shall display or sell liquor to the public during hours
when the sale of liquor is prohibited.
(e) Compliance with financial responsibility requirements of state law and of this
ordinance is a continuing condition of any license.
(f) Compliance with all laws, rules, and regulations related to the retail sale of
intoxicating liquors, including the provisions of Minnesota Statutes, chapters
297F and 340A, Minnesota Rules, chapter 7515, and the Crystal city code.
Subd. 2. Penalties.
(a) Misdemeanors. A person who violates this section is guilty of a misdemeanor
unless otherwise provided by law.
(b) Presumptive revocation. The city council may revoke a license, following, notice
and an opportunity to be heard, on the first violation for the following types of
offenses:
(1) Commission of a felony by licensee or an employee of licensee related to
the licensed activity authorized by this chapter and Minnesota Statutes,
chapter 340A, each as amended.
(2) The sale of alcoholic beverages on the licensed premises while a license is
under suspension or revocation.
(c) Administrative civil penalties. If a licensee or an employee of a licensee is found
to have violated any of the provisions of state law or this section, the city council
may impose an administrative penalty, including a civil fine and/or suspension of
the license, in such amounts and for such periods as set out Crystal city code,
appendix IV.
Subd. 3. Presumptions regarding administrative penalties. The administrative penalties
described in subdivision 2 of this subsection and set out in Crystal city code, appendix IV are the
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presumed sanctions for the violations indicated. In the event of any license suspension imposed
under this section, the city council may select which days a suspension will be served.
Notwithstanding any of the provisions contained herein, a license may be revoked for any
violation of this section when in the judgment of the city council it is appropriate to do so. The
city council may impose lesser penalties under subdivision 2 of this subsection when in the
judgment of the city council it is appropriate to do so. Other mandatory requirements may be
made of the establishment including, but not limited to, meetings with the police department staff
to present a plan of action to assure any observed problems will not continue, mandatory
education sessions with crime prevention staff, or other actions that the city council deems
appropriate.
1200.37. Hours of sale.
(a) The hours of operation and days of sale shall be those set by Minnesota Statutes,
section 340A.504, subdivision 2, including sales after 1:00 a.m. pursuant to a
permit issued by the commissioner, as it may be amended from time to time,
except that the city council may, by resolution or ordinance, provide for more
restrictive hours than state law allows.
(b) No person shall consume, nor shall any on-sale licensee permit any consumption
of, intoxicating liquor or 3.2 percent malt liquor upon an on-sale licensed
premises more than 30 minutes after the time within which intoxicating liquors
may be sold.
(c) No on-sale licensee shall permit any glass, bottle, or other container containing
intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool,
or other place where customers are served, more than 30 minutes after the time
within which intoxicating liquors may be sold.
(d) No person, other than the licensee and any employee, shall remain on the on-sale
licensed premises more than 30 minutes after the time within which intoxicating
liquors may be sold.
(e) Any violation of any condition of this section may be grounds for revocation or
suspension of the license subject to the terms of this section.
1200.39. Licenses in prohibited locations. No license shall be issued under this section in any
place which is prohibited under Minnesota Statutes, section 340A.412, subdivision 3.
1200.41. Temporary on-sale licenses. The city council may issue temporary on-sale licenses for
the on-sale of intoxicating liquor to clubs, or charitable, religious or other non-profit
organizations in the manner and subject to the conditions specified in Minnesota Statutes, section
340A.404, subdivision 10. The fee for a temporary on-sale license shall be in an amount as
provided in Crystal city code, appendix IV.
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1200.43. Social host liability.
Subd. 1. Purpose and findings. The city council intends to discourage underage
possession and consumption of alcoholic beverages, even if done within the confines of a private
residence, and intends to hold persons criminally responsible who host events or gatherings
where persons under 21 years of age possess or consume alcoholic beverages regardless of
whether the person hosting the event or gathering supplied the alcohol. The city council finds
that:
(a) Events and gatherings held on private or public property where alcoholic
beverages are possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health requiring
prevention or abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the
general public, from injuries related to alcohol consumption, such as alcohol
overdose or alcohol-related traffic collisions.
(c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic
effects on those who use it as well as those who are affected by the actions of an
irresponsible user.
(d) Often, events or gatherings involving underage possession and consumption of
alcoholic beverages occur outside the presence of parents. However, there are
times when the parent(s) is/are present and, condone the activity, and in some
circumstances provide the alcoholic beverages.
(e) Even though giving or furnishing alcoholic beverages to an underage person is a
crime, it is difficult to prove, and an ordinance is necessary to help further combat
underage consumption of alcoholic beverages.
(f) A deterrent effect will be created by holding a person criminally responsible for
hosting an event or gathering where underage possession or consumption of
alcoholic beverages occurs.
Subd. 2. Authority. This subsection is enacted pursuant to Minnesota Statutes, sections
145A.05, subdivision 1 and 340A.509.
Subd. 3. Definitions. For purposes of this subsection, the following terms have the
meanings given them in this subdivision.
(a) Alcohol. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of
wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions
and mixtures thereof from whatever source or by whatever process produced.
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(b) Alcoholic beverage. “Alcoholic beverage” means alcohol, spirits, liquor, wine,
beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which
contains one-half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other
substances.
(c) Event or gathering. “Event or gathering” means any group of three or more
persons who have assembled or gathered together for a social occasion or other
activity.
(d) Host. “Host” means to aid, conduct, allow, entertain, organize, supervise, control,
or permit a gathering or event.
(e) Parent. “Parent” means any person having legal custody of a juvenile:
(1) As natural, adoptive parent, or step-parent;
(2) As a legal guardian; or
(3) As a person to whom legal custody has been given by order of the court.
(f) Person. “Person” means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals.
(g) Residence or premises. “Residence” or “premises” means any home, yard, farm,
field, land, apartment, condominium, hotel or motel room, or other dwelling unit,
or a hall or meeting room, park, or any other place of assembly, public or private,
whether occupied on a temporary or permanent basis, whether occupied as a
dwelling or specifically for a party or other social function, and whether owned,
leased, rented, or used with or without permission or compensation.
(h) Underage person. “Underage person” is an individual under 21 years of age.
Subd. 4. Prohibited acts.
(a) It is unlawful for any person(s) to host an event or gathering, at any residence,
premises, or on any other private or public property, where alcoholic beverages
are present, when the person knows or reasonably should know that an underage
person will consume or possess alcoholic beverages, unless the person takes
reasonable steps to prevent the possession or consumption by the underage
person. A person who hosts an event or gathering does not have to be present at
the event or gathering to be criminally responsible.
(b) A person is criminally responsible for violating subdivision 4(a) of this subsection
if the person intentionally aids, advises, hires, counsels, or conspires with or
otherwise procures another to commit the prohibited act.
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Subd. 5. Exceptions. This subsection does not apply to the following:
(a) Conduct solely between an underage person and their parents while present in the
parent’s household;
(b) Legally-protected religious observances;
(c) Retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor (d
stores, or bottle club permit holders who are regulated by Minnesota Statutes,
section 340A.503, subdivision 1(a)(1); or
(d) Situations where underage persons are lawfully in possession of alcoholic
beverages during the course and scope of employment.
Subd. 6. Severability. If any section, subsection, sentence, clause, phrase, word, or other
portion of this subsection is, for any reason, held to be unconstitutional or invalid, in whole, or in
part, by any court of competent jurisdiction, such portion shall be deemed severable, and such
unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law,
which remaining portions shall continue in full force and effect.
Subd. 7. Penalty. A violation of this subsection is a misdemeanor.
1200.45. Community center on-sale authorization.
Subd. 1. Authorization. Pursuant to Minnesota Statutes, section 340A.404, subdivision
4(a), the city council may authorize the holder of a retail on-sale intoxicating liquor license
issued by the city or by an adjacent municipality (referred to in this subsection as the “licensee”)
to dispense intoxicating liquor at the Crystal community center. Upon such authorization, the
licensee may dispense intoxicating liquor at any authorized convention, banquet, conference,
meeting, or social affair conducted on the premises of the Crystal community center. The person
or organization who is authorized by the city to hold the event at the Crystal community center
may engage a licensee to dispense intoxicating liquor at the event, but only to persons attending
the event. No intoxicating liquor may be distributed to any person attending or participating in a
youth amateur athletic event held at the Crystal community center for persons 18 years of age or
younger.
Subd. 2. Requirements. Licensees authorized to dispense intoxicating liquor in the
Crystal community center shall comply with the requirements imposed upon on-sale intoxicating
liquor licensees within the city including, but not limited to, insurance requirements and all
policies established by the city for the Crystal community center. Any insurance certificate
provided to the city by a licensee shall name the city as an additional insured, and shall state that
off-premises coverage is included.
Subd. 3. Application; expiration. Licensees seeking authorization to dispense
intoxicating liquor in the Crystal community center shall make application to the city manager.
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The requested authorization shall be presented to the city council for a decision. To defray the
costs of processing the application, licensees shall submit with their application the application
fee as set from time to time by the city as set forth in Crystal city code, appendix IV. Unless
renewed, authorization to dispense intoxicating liquor at the Crystal community center shall
expire at the time on-sale intoxicating liquor licenses expire.
1200.47. Community festival on-sale authorization.
Subd. 1. Authorization. Pursuant to Minnesota Statutes, section 340A.404, subdivision
4(b), the city council may authorize the holder of a retail on-sale intoxicating liquor license
issued by the city to dispense intoxicating liquor off premises at a community festival occurring
in a park or right-of-way within the city. No authorization shall be issued under this subsection
unless:
(a) The city has issued a special event permit for the community festival;
(b) The authorization specifies the area in which the intoxicating liquor must be
dispensed and consumed; and
(c) The licensee demonstrates that it has liability insurance as required by Minnesota
Statutes, section 340A.409 and Crystal city code, subsection 1200.07 to cover the
community festival.
Subd. 2. Requirements. A licensee authorized to dispense intoxicating liquor at the
festival shall comply with the requirements imposed upon the on-sale intoxicating liquor license
issued to the licensee. The licensee shall comply with all applicable provisions of this code
related to use of public property and any conditions and restrictions placed on the special event
permit issued for the community festival. Intoxicating liquor may only be dispensed and
consumed in the specific areas identified in the city council’s authorization. Any insurance
certificate provided to the city by a licensee for sales at the community festival shall name the
city as an additional insured.
Subd. 3. Application; expiration. Licensees seeking authorization to dispense
intoxicating liquor at a community festival shall make application to the city manager. The
requested authorization shall be presented to the city council for a decision. To defray the costs
of processing the application, licensees shall submit with their application the application fee as
set from time to time by the city as set forth in Crystal city code, appendix IV. The authorization
to dispense intoxicating liquor at the community festival shall expire at the ending time of the
community festival as specified in the special event permit.
1200.49. Entertainment in licensed premises.
Subd. 1. For purposes of this subsection, the following terms shall have the following
meanings:
(a) “License” means any license issued pursuant to Crystal city code, chapter XII.
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(b) “Licensed premises” means the compact and contiguous area of real property for
which a license is issued.
(c) “Nudity” means the showing of the post-pubertal human male or female genitals,
pubic area, or buttocks with less than a fully-opaque covering, or the showing of a
post-pubertal female breast with less than a fully-opaque covering of any portion
thereof below a point immediately above the top of the areola, or the covered
human male genitals in a discernibly turgid state. For the purposes of this
definition, the female breast is considered uncovered if the nipple only or the
nipple and the areola are uncovered.
(d) “Sadomasochistic abuse” means scenes involving a person or persons, any of
whom are nude, clad in undergarments or in sexually revealing costumes, and
who are engaged in activities involving the flagellation, torture, fettering, or
binding or other physical restraint of any such persons, in an apparent act of
sexual stimulation or gratification.
(e) “Sexual conduct” means acts of masturbation, sexual intercourse, or any touching
of the genitals, pubic areas, or buttocks of the human male or female, or the
breasts of the female, whether alone or between members of the same or opposite
sex or between humans and animals in an act of apparent sexual stimulation or
gratification.
Subd. 2. Prohibited acts.
(a) The city council finds that it is in the best interests of the public health, safety, and
general welfare of the people of the city that nudity is prohibited as provided in
this section on the premises of any establishment licensed under this ordinance.
This is to protect and assist the owners, operators, and employees of the
establishment, as well as patrons and the public in general, from harm stemming
from the physical immediacy and combination of alcohol, nudity, and sex. The
city council especially intends to prevent any subliminal endorsement of sexual
harassment or activities likely to lead to the possibility of various criminal
conduct, including prostitution, sexual assault, human trafficking, and disorderly
conduct. The city council also finds that the prohibition of nudity on the premises
of any establishment licensed under this ordinance, as set forth in this section,
reflects the prevailing community standards of the city.
(b) It is unlawful for any licensee to do any of the following:
(i) To permit or allow any person or persons on the licensed premises when
the person does not have his or her buttocks, anus, breasts, and genitals
covered with a non-transparent material; or
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(ii) To permit or allow any entertainment or service involving any nudity,
sadomasochistic abuse, or sexual conduct in such licensed establishment.
(c) It is unlawful for any person to be on the licensed premises when the person does
not have his or her buttocks, anus, breasts, and genitals covered with a non-
transparent material.
(d) A violation of this section is a misdemeanor punishable as provided by law, and is
justification for revocation or suspension of any liquor, wine, or 3.2 percent malt
liquor license or any other license issued under this ordinance or the imposition of
a civil penalty under this section.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 20__
Second Reading: __________, 20__
Council Adoption:_________, 201__
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: November 1, 2018 (November 8, 2018 Council Meeting)
Re: First Reading of Chapter 13 (Traffic, Motor Vehicles, and Other Vehicles)
The City Council has reviewed and given direction on Chapter 13 at three work sessions and it is
now before the City Council for a first reading. The proposed ordinance is in a delete-all format
and makes various revisions and updates to the current Chapter 13. The language of the chapter
has also been expanded to address shared mobility devices (shared bicycles and scooters) and
mobile food units (food trucks) as explained further below.
•Section 1300 adopts the state’s highway traffic regulation act by reference.
•Section 1305 deals with closing streets, weight limits, and granting special permits. The
revised section clarifies the related authority and procedures.
•Section 1310 deals with parking on streets, parking times, and towing those in violation.
Section 1310.13 was added to address concerns over what is referred to as a “shared
mobility device.” This is a general reference to the bicycles and scooters some
companies are making available to the public to use to make trips. Concern has been
expressed about these devices being left in public right-of-ways, sidewalks, and trails and
so this section makes it a violation to leave these devices in certain areas. It also
indicates the city may impound the devices left in violation of the code and allows the
city to charge a fee to an owner wishing to reclaim the device.
•Section 1315 deals with abandoned, junk, and unauthorized vehicles. The approach here
was to focus on the statutory procedures rather than setting them out in this section.
•Section 1320 adopts state driver’s license and vehicle registration laws.
•Section 1325 deals with parking and storage of vehicles and recreational vehicles and
equipment on property and restricts certain operations. This section continues the
regulations a city task force had previously worked to develop, with some clarifications.
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•Section 1330 deals with snowmobile regulations, including operating requirements and
prohibitions.
•Section 1335 deals with motorcycle and motor bike regulations, including licensing and
operations requirements/restrictions.
•Section 1340 deals with regulations associated with skateboards.
•Section 1345 is a new section address what is referred to as a “mobile food unit.” The
section sets out where food trucks may be located, requires a city permit if they are
operated on city property, and establishes certain minimum performance standards.
The Council is being asked to consider and act on the first reading of the ordinance. If the
Council has any changes to the language of this chapter, I can make those changes as part of
preparing the ordinance for a second reading.
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CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING
CHAPTER XIII OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter XIII of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XIII
TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES
Section 1300 - Highway traffic regulation
1300.01. State highway traffic regulation act adopted by reference. Minnesota Statutes, chapter
169, “The highway traffic regulation act” is adopted by reference and is incorporated into the
Crystal city code. Any violation of Minnesota Statutes, chapter 169 as herein adopted is a
violation of this Crystal city code.
1300.03. Definitions. The following definitions shall apply to this Crystal city code, chapter XIII
and are in addition to any other terms as defined in this chapter.
Subd. 1. Statutory definitions. For purposes of this chapter, the terms defined in
Minnesota Statutes, section 169.011 shall have the meanings given to them in that section.
Subd. 2. Boulevard. “Boulevard” means the portion of a public right-of-way located on
either side of a roadway from the curb, or if there is no curb the edge of the travelled surface of
the roadway, to the outside edge of the public right-of-way.
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Section 1305 - Streets; traffic
1305.01. Emergency street closings.
Subd. 1. Authority. In an emergency the city manager, chief of police, or the fire chief
may close off all or any part of a public street, alley, or other area to vehicular or pedestrian
traffic, including parked cars and to reroute traffic when necessary to control or prevent a riot, to
fight or prevent the spreading of a fire, to prevent damage to life, limb, or property that might
result from any traffic or other hazard. Such officials may also order the temporary closure, or
alteration of traffic flow, of any street, alley, or area within the city.
Subd. 2. Non-emergency street closings. The city engineer or street superintendent, after
obtaining the approval of the city manager, may close off or prohibit vehicular traffic on a public
street or alley or portion thereof in order to effect the orderly installation, repair, maintenance, or
snow removal of any streets, to accommodate a special event permit by the city under Crystal
city code, section 805 or otherwise, or when such closure is deemed necessary to control such
vehicular movements based upon large crowds of pedestrian traffic.
Subd. 3. Barrier; warnings. A street, parking lot, or other public area may be closed to
vehicular or pedestrian traffic or to parked cars at any hour by the stationing of a police officer at
both ends of said street, parking lot, or other public area, who may then direct traffic. Streets,
parking lots, or other public areas may also be closed during the daylight hours by the city
posting or erecting suitable signs, placing vehicles, or erecting other barriers at both ends of the
closed street or area indicating or otherwise making apparent the street or area is closed. Streets,
parking lots, or other public areas may also be closed at night by the placing of vehicles or other
suitable barriers and warning lights or flasher signals at both ends of the street, parking lot, or
other public areas so designated. Drivers must obey police officers and barriers, flags, signs,
lights, vehicles, or signals placed by the city.
Subd. 4. Emergency traffic restrictions. The city manager may make and enforce
necessary traffic control restrictions in time of emergency, provided that public notice of such
restrictions be published, or broadcast, or posted in at least two public places, and further, that
any such restrictions be reviewed by the city council at the next regular council meeting,
following the establishment of such emergency restrictions, at which time such restrictions may
be continued, modified, or abandoned by resolution of the city council. Additional public notice
shall be provided if the city council modifies or cancels the restrictions.
Subd. 5. Temporary traffic control measures. The city manager may temporarily restrict
traffic or parking, or implement other traffic control measures, for any private or public purpose
upon the erection of such barricades or signs as may be needed to inform the public of such
restrictions.
1305.03. Cutting across public or private property. It is unlawful to disobey the instructions of an
official traffic control device within the meaning of this section by driving into or across public
or private property so as to obviate the need to comply with the traffic control device. This
subdivision does not apply where drivers are directed by the city to take such a route.
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1305.05. Weight limits; seasonal restrictions.
Subd. 1. Seasonal restrictions. The city manager shall determine the seasonal weight
restrictions to be applied to all roads under the jurisdiction of the city and the dates during which
such limitations shall apply. The city manager shall post city roads with signs indicating the
applicable weight limitations and make that information available through such other means as
may be appropriate, including posting notice on the city’s website. Such restrictions shall not
apply to municipal vehicles, emergency vehicles, garbage or recycling vehicles while on their
collection routes, or school buses.
Subd. 2. Council action. The city council may by resolution prohibit the operation of
vehicles upon public streets or alleys in the city. The city council may also by resolution impose
restrictions as to the weight of vehicles to be operated upon streets or alleys, whenever such
streets or alleys, by reason of deterioration, rain, snow or other climatic conditions may be
seriously damaged or destroyed unless the use of vehicles thereon is prohibited or their
permissible weights reduced. The resolution adopted must designate the particular streets or
alleys affected and must set forth the prohibitions or restrictions imposed on the streets or alleys.
Subd. 3. Special permits. A person desiring to move a vehicle, or combination of vehicles
which are of a size, weight, or load exceeding the maximum weight authorized by this section
must obtain a permit for such operation. Such person shall apply for such permit in writing on a
form provided by the city. The city manager shall issue such permits where it appears that such
operation is not likely to cause damage to streets, alleys, or other public areas within the city.
The city manager may impose conditions to govern the operation of such vehicle or vehicles and
may require adequate assurances or financial security to repair or compensate the city for any
injury to any roadway or road structure. The permit must be carried on the vehicle or
combination of vehicles to which it refers and be open to inspection by any police officer,
official, or employee of the city.
Subd. 4. Damage to streets. Any person driving a vehicle upon a city street is liable for
any damage caused by the operation of such vehicle. When the driver is not the owner of the
vehicle, but is operating, driving, or moving the same with the express or implied permission of
the owner, then the owner and driver are jointly and severally liable for any such damage. The
damage may be recovered in a civil action brought by the city.
Subd. 5. Police duties. Any police officer having reason to believe that the weight of a
vehicle or load is unlawful may require the driver to stop and submit to a weighing of the
vehicle. If no portable scale is available, the officer may require the driver of the vehicle to drive
to the nearest stationary scale within a reasonable distance. If an officer determines that the
weight of any vehicle or the load thereon exceeds the maximum authorized by law, the officer
may require the driver to stop the vehicle in a suitable place and remain standing there until such
portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to
such limit as permitted under the provisions of this section. Materials which are unloaded must
be cared for by the owner or driver of the vehicle, at the risk of the owner or driver. A driver of a
vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or
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refuses, when directed by a police officer upon a weighing of the vehicle, to stop the vehicle and
otherwise comply with the provisions of this section, is guilty of a misdemeanor.
1305.07. Unreasonable acceleration. It is unlawful to start or accelerate any motor vehicle with
an unnecessary exhibition of speed on a public or private way within the city limits.
Unreasonable squealing or screeching sounds emitted by the tires or the throwing of sand or
gravel by the tires of the vehicle or both is prima facie evidence of unnecessary exhibition of
speed.
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Section 1310 - Parking regulations
1310. 01. General rules.
Subd. 1. Parallel to curb. Vehicles must be parked or stopped parallel with the edge of
the roadway, headed in the direction of traffic, with the curb-side wheels of the vehicle within 12
inches of the edge of the roadway, and not closer than four feet to another vehicle parked at the
curb.
Subd. 2. Where no curb. On streets and highways not having a curb, a vehicle stopped or
parked must be stopped or parked parallel with and to the right of the paved or improved or main
travelled part of the street or highway.
Subd. 3. One-way roadway. On a one-way roadway, a vehicle must be parked with the
front of the vehicle facing in the same direction on the one-way street as the traffic thereof is
permitted to pass.
Subd. 4. Angle parking. On those streets that have been marked or signed for angle
parking, vehicles must be parked at the angle to the curb indicated by the marks or signs. Angle
parking is prohibited in any area of the city where such markings are not present.
1310.03. Parking prohibited. The parking and related prohibitions contained in Minnesota
Statutes, section 169.34 are adopted by reference and are incorporated herein.
1310.05. Other parking restrictions.
Subd. 1. Cars for sale. It is unlawful to park a vehicle on or abutting a street or highway
for the purpose of displaying the vehicle for sale or exchange. A vehicle is deemed to be in
violation of this subsection when it is found parked upon or abutting a street or highway and
bearing a sign indicating that it is for sale or exchange.
Subd. 2. Disabled vehicles. The provisions of this section relating to stopping, standing
and parking do not apply to the driver of a vehicle that is disabled for a reasonable time, not
exceeding 24 hours, while on the paved or improved or main traveled portion of a street or
highway in such manner and to such extent that it is impossible to avoid stopping and
temporarily leaving the disabled vehicle in such position.
Subd. 3. City parks. It is unlawful to park a vehicle in a city park other than in a
designated parking area.
Subd. 4. Parking restrictions; snow events. After a snow event producing at least 1-1/2
inches of snow on any city street, parking is automatically prohibited on all public streets and
alleys until the snow has stopped accumulating and the street or alley has been plowed with the
snow removed to curb to curb.
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Subd. 5. City parking lot. It is unlawful to park a truck-tractor or semitrailer in a city
parking lot. Vehicles, including those with trailers, shall be parked within the designated parking
lines and shall not be parked in a way that blocks parking by other vehicles.
1310.07. Parking times.
Subd. 1. General rule. No vehicle may be parked upon a public street, alley, or within a
city-owned parking lot between the hours of 2:00 a.m. and 5:00 a.m. on any day. This
prohibition shall not apply to government-owned vehicles.
Subd. 2. Truck parking. No truck may be parked upon any public street, alley, or other
public way for a continuous period of more than two hours unless such vehicle is actively
engaged in loading or unloading activities carried out in the normal course of business. For
purposes of this subdivision, a “truck” shall be any vehicle having a capacity of 1½ tons or more,
or any tractor-trailer combination.
Subd. 3. Parking; temporary permits. During the period from April 1 to November 30,
and on legal holidays and the days preceding and following legal holidays, the police chief is
authorized to issue temporary permits for the parking of a vehicle on a street between the hours
of 2:00 a.m. to 5:00 a.m. when in the police chief’s judgment special circumstances exist
justifying the issuance of the temporary permit and the purposes of this subsection will not be
impaired thereby. The permit is to be issued for a specific motor vehicle at a specific residential
dwelling unit and must be prominently displayed in the interior of the vehicle. A temporary
permit issued under this subsection is not transferable to another vehicle. One temporary permit
may be issued under this subsection without a fee. The fee for the issuance of additional
temporary permits under this subsection is set by appendix IV. For purposes of this subdivision,
the term “legal holiday” means: New Year’s Day, Martin Luther King Day, Presidents’ Day,
Memorial Day, Independence Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and
Christmas Day.
Subd. 4. City parking lots; temporary permits. The police chief is authorized to issue
temporary permits for the parking of a vehicle in a city-owned or operated parking lot between
the hours of 2:00 a.m. to 5:00 a.m. when in the police chief’s judgment special circumstances
exist justifying the issuance of the temporary permit and the purposes of this section will not be
impaired thereby. The permit is to be issued for a specific motor vehicle and must be
prominently displayed from the interior of the vehicle. A temporary permit issued under this
subsection is not transferable to another vehicle. One temporary permit may be issued under this
subsection without a fee. The fee for the issuance of additional temporary permits under this
subsection is set by appendix IV.
1310.09. Towing authorized. A vehicle parked in violation of this section may be ordered
removed from a public street, alley, or a city-owned or operated parking lot by a police officer
pursuant to Minnesota Statutes, section 169B.035. Before towing any vehicle, the city shall make
reasonable efforts to notify the owner and require that they remove the vehicle. The owner must
pay all costs for the towing and storage of any vehicle towed hereunder. Except in an emergency,
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the removal of a vehicle by or under the direction of the police officer does not prevent the
prosecution of a violation of this section.
1310.11. Disability parking areas. Parking in any space or area designated for disability parking
is hereby prohibited and all violations shall be enforced pursuant to Minnesota Statutes, section
169.346.
1310.13. Shared mobility devices.
Subd. 1. Definition. For the purposes of this section, a “shared mobility device” means a
bicycle, electric-assisted bicycle, motorized bicycle, electric personal assistive mobility device,
or a motorized foot scooter, as those terms are defined in Minnesota Statutes, section 169.011, or
similar device that is made available to the public for short-term rental through a mobile
application for trips with or without the device being located on a rack or docking system.
Subd. 2. Parking. It is a violation of this code to park, leave, or abandon a shared
mobility device in any of the following ways or locations within in a public right-of-way or on
public property:
(a) On the travelled surface or parking lane of a street;
(b) On a sidewalk or trail;
(c) Within ten feet of the entry to a business or residence; or
(d) In a location or in a manner that poses a threat to public safety, constitutes a
tripping hazard, or that interferes with the city’s maintenance operations.
Subd. 3. Impoundment. A police officer or authorized city employee may remove and
impound a shared mobility device that is parked, left, or abandoned in violation of this section.
The city shall provide the owner of the shared mobility device, if known, notice of the
impoundment within three business days. The notice may be sent by electronic mail to any
email address readily accessible on the owner’s website or, if none, the city may provide notice
by phone. The notice shall include a description of the process to reclaim the shared mobility
device. The city council may establish a reclamation fee in appendix IV that is sufficient to
offset the city’s enforcement and storage costs the owner must pay in order to reclaim an
impounded shared mobility device. If the owner fails to reclaim the shared mobility device
within 30 days of impoundment, the city may sell or otherwise dispose of the shared mobility
device.
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Section 1315 – Abandoned, junk, and unauthorized vehicles
1315.01. Laws adopted by reference. Minnesota Statutes, chapter 168B is hereby adopted by
reference and is incorporated into this Crystal city code as if fully set forth herein. A violation of
the statutes adopted herein by reference is a violation of this Crystal city code.
1315.03. Definitions. For purposes of this section, the following terms shall have the meaning
given them in this subsection. If a term used in this section is not defined below, it shall have the
meaning given it in Minnesota Statutes, section 168B.011.
Subd. 1. Abandoned vehicle. “Abandoned vehicle” includes a vehicle defined in
Minnesota Statutes, section 168B.011, subdivision 2;
Subd. 2. Junk vehicle. “Junk vehicle” includes a vehicle defined in Minnesota Statutes,
section 168B.011, subdivision 3.
Subd. 3. Unauthorized vehicle. “Unauthorized vehicle” includes a vehicle defined in
Minnesota Statutes, section 168B.011, subdivision 4. The term includes any vehicle parked in
violation of the provisions of this Crystal city code.
1315.05. Towing and impoundment. The city may tow and impound any vehicle that constitutes
an abandoned vehicle, junk vehicle, or unauthorized vehicle as provide in Minnesota Statutes,
sections 168B.035, 168B.04, and such other law as may apply.
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Section 1320 - Driver’s licenses and registration of motor vehicles
1320.01. Adoption by reference.
Subd. 1. Motor vehicle registration act. Minnesota Statutes, chapter 168 is hereby
adopted by reference and is incorporated into this Crystal city code as if fully set forth herein.
Subd. 2. Driver’s license law. Minnesota Statutes, chapter 171 is hereby adopted by
reference and is incorporated into this Crystal city code as if fully set forth herein.
Subd. 3. Violations. A violation of a statute adopted by reference herein is a violation of
this Crystal city code.
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Section 1325 -Motor vehicles and recreational vehicles and equipment
1325.01. Purpose and intent. The purpose of this section is to prevent public nuisances by
imposing reasonable regulations for use, parking, and storage of motor, recreational, and
commercial vehicles and equipment on public and private property in the city and to protect the
health, safety, and general welfare of residents while enhancing the quality of our
neighborhoods.
1325.03. Definitions. For purposes of this section, the following terms shall have the meaning
given them in this subsection. If a term used in this section is not defined below, it shall have the
meaning given it in the most applicable definition found in Minnesota Statutes, chapters 168,
169, or 171.
Subd. 1. Motor vehicle. “Motor vehicle” means a passenger vehicle, truck, commercial
vehicle, motorcycle, or motor scooter. The term does not include a bicycle, tricycle, quadricycle,
self-propelled scooter, electric personal assistive mobility device, or motorized wheelchair.
Subd. 2. Recreational vehicles and equipment. “Recreational vehicles and equipment
(RVEs)” means camper trailers, including those which telescope or fold down, chassis mounted
campers, utility trailers, motor homes, tent trailers, sleep-campers, converted buses or vans that
are motor homes as defined in this subsection, snowmobiles, snowmobile trailers, golf carts,
boats, boat trailers, all-terrain vehicles, all-terrain vehicle trailers, and go-carts.
Subd. 3. Passenger vehicle. “Passenger vehicle” means an automobile, station wagon,
van, sport utility vehicle, minivan, pick-up truck, or motorcycle designed and primarily intended
for on-street operation. The term does not include commercial vehicles, recreational vehicles,
racing cars, or stock cars.
Subd. 4. Motor home. “Motor home” means a motor vehicle that also provides
temporary living quarters for recreation or vacation purposes. Motor homes must contain at least
four of the following features in working condition, at least two of which must be those items
listed as (a), (b), or (c):
(a) Liquid propane gas for cooking;
(b) Potable water, including sink and faucet;
(c) Separate 110-125 volt electrical power;
(d) Heating and/or air conditioning;
(e) Electric and/or propane refrigerator; or
(f) Toilet self-contained and/or connected to a plumbing system.
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Subd. 5. Residential use districts. “Residential-use districts” means the R1 (low density
residential district), R2 (medium density residential district), and R3 (high density residential
district) zoning districts designated as part of the Crystal Unified Development Code, Crystal
city code, chapter V.
Subd. 6. Front lot line. “Front lot line” means the boundary of a lot that abuts a public
street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the
property lines on both street frontages are of the same length, the property line to be used for
front setback measurement shall be determined by the zoning administrator. On a through lot, the
lot line for which the home is facing shall be the front lot line
Subd. 7. Side lot line (side street). “Side lot line (side street)” means any lot line that is
not a front, rear, or corner side lot line.
Subd. 8. Side lot line (interior). “Side lot line (interior)” means any lot line that is not a
front, rear, or side street lot line.
Subd. 9. Rear lot line. “Rear lot line” means the lot line not intersecting a front lot line
that is most distant from and most closely parallel to the front lot line.
Subd. 10. Front yard. “Front yard” means the horizontal distance between the principal
structure and the front lot line, extending across the full width of the lot.
Subd. 11. Side yard (side street). “Side yard (side street)” means the horizontal distance
between the principal structure and the side street lot line, extending from the front yard to the
rear yard.
Subd. 12. Side yard (interior). “Side yard (interior)” means the horizontal distance
between the principal structure and the side lot line, extending from the front yard to the rear
yard.
Subd. 13. Rear yard. “Rear yard” means the horizontal distance between the principal
structure and the rear lot line, extending across the full width of the lot.
1325.05. Vehicles prohibited. It is unlawful to operate the following on public streets, roads, or
other public property within the city:
(a) Boats with motors;
(b) Canoes, kayaks, or rowboats;
(c) All-terrain vehicles;
(d) Snowmobiles;
(e) Jet skis;
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(f) Golf carts; or
(g) Go-carts.
1325.07. Operation on property of others. It is unlawful to operate a motor vehicle, recreational
vehicle, or commercial vehicle on private residential property of another without having in one’s
possession at the time of driving or operation of the vehicle the written permission of the owner,
or on publicly-owned land including school, park property, playground, and recreational area,
except where permitted in accordance with this section.
1325.09. Prohibited operations. When the driving of a motor vehicle, recreational vehicle, or
commercial vehicle is permitted, the vehicle may not be operated:
(a) So as to create, permit, or maintain a loud, unnecessary or unusual noise which
annoys, injures, or endangers the safety, health, morals, comfort, or repose of any
considerable number of members of the public;
(b) In a manner which interferes with, obstructs, or renders dangerous the proper use of
the premises involved;
(c) While under the influence of intoxicating liquor or drugs;
(d) At a rate of speed greater than is reasonable or proper under all the surrounding
conditions, or in a careless or reckless manner so as to endanger or be likely to
endanger person or property; or
(e) To intentionally chase, run over, disturb, or kill any wild or domestic animal.
1325.11. Exceptions. This section does not apply to emergency vehicles or vehicles used by
governmental bodies within the scope of official governmental business.
1325.13. Permitted areas. The city council may from time to time by resolution define the areas
of public land owned and maintained by the city for the use of recreational vehicles under the
conditions herein provided or may add thereto such conditions as may be required. It is unlawful
for any person to drive, operate or use a motor, recreational, or commercial vehicle except in the
areas defined in the city council’s resolution.
1325.15. Parking and storage.
Subd. 1. Findings. The unregulated outside parking and outside storage of all motor
vehicles and recreational vehicles within a residential-use district or accessory to a residential
use is found to create a nuisance, hazard, and detrimental influence upon the public health,
safety, and general welfare of the community by obstructing the view on streets and on private
property, bringing noise and odors into residential areas, creating cluttered and otherwise
unsightly areas, preventing the full use of residential streets for residential parking, reducing the
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useable open space of streets and private property, and otherwise adversely affecting residential
property values and neighborhood maintenance and improvement.
Subd. 2. Additional requirements. In addition to the other restrictions imposed by this
Crystal city code, the restrictions of this section apply to the parking and storage of motor
vehicles and recreational vehicles in residential-use districts of the city.
Subd. 3. Public ways. A motor vehicle or recreational vehicle may be parked in an
authorized portion of any public street, alley, public right-of-way, or driveway for that period of
time which is in conformance with the parking regulations of this Crystal city code.
Subd. 4. General Restrictions. The placement of motor vehicles and recreational vehicles
and equipment shall comply with the following.
(a) Recreational vehicles and equipment placed within any yard may not be located
within ten feet of the living quarters of the principal structure on the adjacent lot.
For comer lots, in a front or side street side yard, motor vehicles and recreational
vehicles and equipment may only be placed on a hard surfaced driveway or lawful
auxiliary parking space.
(b) In a front yard, motor vehicles and recreational vehicles and equipment may only
be placed on a hard surfaced driveway or lawful auxiliary parking space.
(c) Recreational vehicles and equipment not permitted to be operated on public
streets, roads or other public property may not be parked or stored on a driveway
or lawful auxiliary space unless placed on or in a trailer or motor vehicle.
(d) Notwithstanding paragraph (c) of this subdivision, slip in campers are permitted
when not mounted in the bed of a pickup if lowered to their lowest practicable
profile and stabilized in a manner so as to be safe and secure and not pose a threat
to a person’s health or safety.
(e) Wheeled fish houses are considered to be trailers and must be placed in
accordance with this subsection. Non-wheeled fish houses are structures and must
comply with Crystal city code, chapter V (Crystal Unified Development Code).
(f) Recreational vehicles and equipment that are out of season may not be stored on
any part of the driveway or lawful auxiliary parking space closer to the street than
the principal structure.
(g) In an interior side yard, recreational vehicles and equipment may not be placed
closer than five feet to the side lot line.
(h) In a rear yard, recreational vehicles and equipment may not be placed closer than
three feet to the interior side lot line or rear lot line. For comer lots, recreational
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vehicles and equipment may not be placed closer to the street side property line
than the principal structure.
(i) In a front yard, recreational vehicles and equipment are prohibited unless they are
located on a lawful driveway or auxiliary space. For comer lots, recreational
vehicles and equipment are prohibited in a front or side street yard unless they are
located on a lawful driveway or auxiliary space.
(j) Recreational vehicles and equipment may not be placed in that part of a side or
rear yard closer to a principal structure on an abutting lot than to the owner’s
principal building.
(k) Slip in campers, when not mounted in the bed of a pickup, must be lowered to
their lowest practicable profile and stabilized in a manner so as to be safe and
secure and not pose a threat to a person’s health or safety.
Subd. 5. Size. RVEs of any size may be parked or stored in the side or rear yard in
accordance with this section. RVEs 32 feet or less in length may be parked or stored in a front
yard or side street yard if on a hard surface driveway or auxiliary space in accordance with this
section. RVEs exceeding 32 feet in length may be parked in the front yard or side street yard on a
hard surface driveway or auxiliary space if the RVE complies with the front and side street
building setbacks.
Subd. 6. Coverage. The portion of rear year occupied by RVEs, whether contiguous or
noncontiguous, shall not exceed any of the following:
(a) Twenty percent of the rear yard;
(b) The residential footprint of the principal structure; or
(c) 1,200 square feet.
Notwithstanding these coverage limitations, an owner is allowed to utilize up to 600 square feet
of the rear yard for the storage of RVEs.
Subd. 7. Licensing, operability and maintenance. Motor vehicles and recreational
vehicles and equipment may be parked or stored outdoors in accordance with this section,
provided they comply with all of the following:
(a) Currently licensed as required by law;
(b) Are operable and in a state of good repair at all times;
(c) All motor vehicles and recreational vehicles parked or stored on a property are
owned by and licensed to the owner or occupant of the dwelling where the vehicle
or equipment is kept;
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(d) Only fabric covering may be used to protect the motor vehicles and recreational
vehicles. If covers are used, they must be soundly secured to the motor vehicle
and recreational vehicle, kept in a state of good repair, and fit tightly over the
motor vehicle and recreational vehicle not significantly increasing the dimension
thereof; and
(e) When a motor vehicle or recreational vehicle is parked or stored outdoors, no
other material, debris, or household items shall be placed on, under, or against it.
Only gear directly related to the use of the motor vehicle or recreational vehicle
may be stored in the motor vehicle or recreational vehicle, provided that it is not
visible.
Subd. 8. Prohibited vehicles. The following shall not be parked or stored in residential-
use districts:
(a) Farm tractors and equipment;
(b) Oversized military vehicles, including but not limited to, half-tracks, troop
transports, and tankers;
(c) Semi tractors or trailers; or
(d) Any vehicle, not defined as a recreational vehicle, with a gross weight of greater
than 12,000 pounds.
Subd. 9. Commercial vehicles parked in a residential-use district. For each dwelling unit,
of-street parking of not more than one licensed and operable commercial motor vehicle is
permitted. Any such vehicle must be operated by a resident of that dwelling unit. If not a pick-
up, minivan, or full-size van of any size, the vehicle shall not exceed 12,000 pounds gross
vehicle weight, 22 feet in length, eight feet in width, and eight feet in height. Such parking is
only permitted in a garage or on a hard surface driveway or lawful auxiliary space in accordance
with the requirements of the Crystal city code, chapter V.
Subd. 10. Motor vehicles displayed for sale. All motor vehicles which are displayed for
sale in residential-use districts shall comply with all of the following:
(a) No more than one motor vehicle may be displayed for sale at any given time on a
lot;
(b) The motor vehicle is parked on a hard surface;
(c) The motor vehicle is in such condition that it is fully operable and can
immediately be driven on a public roadway in a lawful manner;
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(d) The motor vehicle must have a current valid registration including having clearly
visible current license plate tabs; and
(e) The address listed on the registration is the same as the property where the motor
vehicle is parked and displayed for sale.
1325.17. Waivers.
Subd. 1. Granting. The city manager may issue a written waiver to the requirements of
this section with regard to the parking of a motor vehicle or recreational vehicle and equipment
on private property upon a written request of the property owner. The city manager may only
issue a waiver if the city manager finds that all of the following criteria are satisfied:
(a) The property owner owns the vehicle to be parked on the property;
(b) The storage of the vehicle will, despite the issuance of a waiver, substantially
comply with the requirements of this section; and
(c) Granting the waiver will not be contrary to the purposes of this section and will
not negatively affect other owners or the public.
Subd. 2. Conditions and termination. The city manager may place conditions on the
waivers the city manager issues and may revoke the permit if any of the conditions are violated.
In no case shall a waiver allow for the parking or storage of an RVE in a boulevard or public
right-of-way. A waiver shall terminate upon the property owner no longer occupies the property,
sells the property, or sells the vehicle for which the waiver was issued.
1325.19. Unauthorized use. Recreational vehicles may not be used for living or housekeeping
purposes while parked or stored on residential-use lot.
1325.21. Authorized parking and storage. Recreational vehicles may be parked or stored within a
private garage at any time.
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Section 1330 - Snowmobile regulation
1330.01. State laws and regulations adopted by reference.
Subd. 1. Snowmobile law. Minnesota Statutes, sections 84.81–84.915 are hereby adopted
by reference and are incorporated into this Crystal city code as if fully set forth herein.
Subd. 2. Department of natural resources rules. Minnesota Rules, chapter 6100 is hereby
adopted by reference and are incorporated into this Crystal city code as if fully set forth herein.
1330.03. Additional regulations.
Subd. 1. Purpose. In accordance with the authority granted by Minnesota Statutes, section
84.87, the city enacts the additional regulations contained in this subsection.
Subd. 2. Operation prohibited. It is unlawful to operate a snowmobile:
(a) On a public sidewalk or walkway provided or used for pedestrian travel;
(b) On private property of another without lawful authority or written consent of the
owner or occupant; or
(c) On any publicly owned lands and frozen waters, including but not limited to public
streets, school grounds, park property, playgrounds, recreation areas and golf
courses, except areas previously listed or authorized for such use by the proper
public authority. Authorized areas in the city owned by the city may be designated
by council resolution.
Subd. 3. Towing. It is unlawful to tow any person or thing by snowmobile except by use
of a rigid tow bar attached to the rear of the snowmobile.
Subd. 4. Speed. It is unlawful to operate a snowmobile in violation of the speed limits
prescribed in Minnesota Rules, part 6100.5200.
Subd. 5. Noise. It is unlawful to operate a snowmobile in a manner so as to create a loud,
unnecessary or unusual noise which disturbs, annoys, or interferes with the peace and quiet of
other persons.
Subd. 6. Hours. Snowmobile operation is prohibited between the hours of 9:30 p.m. to
8:00 a.m.
Subd. 7. Dead-man throttle. It is unlawful to operate a snowmobile without a safety or so-
called “dead-man” throttle in operating condition, so that when pressure is removed from the
accelerator or throttle, the motor is disengaged from the driving track.
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Subd. 8. Leaving snowmobiles unattended. A person leaving a snowmobile in a public
place must lock the ignition, remove the key and take the key away from the snowmobile.
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Section 1335 - Motorcycles and motor bikes
1335.01. Operator’s license. A person owning, leasing or having the care or custody of a
motorcycle may not allow an unlicensed driver to operate the same except on private property. It
is unlawful to misstate one’s age or driver’s qualifications or to use a false driver’s license to
obtain the rental or use of a motorcycle or motor vehicle.
1335.03. Erratic operation prohibited.
Subd. 1. Rules of road. The driver of a motorcycle must comply with the driving rules
outlined in Minnesota Statutes, section 169.974, subdivision 5 and all other applicable laws or
rules.
Subd. 2. Acrobatics. Stunts, drills, acrobatics, “bump tag,” “chicken,” racing, games,
contests of any type or variety are prohibited on the city streets, or upon private property except
upon application and receipt of an amusement license from the city.
Subd. 3. Riding abreast. Only one motorcycle or motor vehicle may occupy a single
traffic lane at one time, except that two motorcycles may, with the consent of both drivers, be
operated not more than two abreast in a single lane of traffic. Three or more motorcycles are
forbidden to ride abreast in the same traffic lane.
Subd. 4. Private property. A motorcycle may not be driven across private property
without permission of the owner or occupant thereof except upon private parking lots where off-
street parking is furnished for their customers or guests and such motorcycle is to be parked
therein.
Subd. 5. Public property. A motorcycle may not be operated on a public sidewalk, or
upon any public trails where motor vehicles are prohibited.
Subd. 6. Horns. Horns on motor vehicles must be used for traffic purposes only and not
to call attention to the operator, a passenger, or for other purposes.
1335.05. Safety of driver.
Subd. 1. Controls. Each prospective driver of a motorcycle must familiarize himself with
controls, pedals, gears, hand and foot brakes necessary to operate or stop the motorcycle prior to
operating the same.
Subd. 2. Care. Care must be exercised by the driver in turning on sand, icy, or wet streets
knowing that two wheels provide less stability and traction than four.
Subd. 3. Brakes. A driver must apply rear brakes first before applying front wheel brakes
on a motorcycle, if so equipped.
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1335.07. Safety of passenger.
Subd. 1. Seat required. Passengers may not be carried on a motorcycle except upon the
seat and only where the passenger is able to reach the footrests or floorboards with both feet.
Subd. 2. Security. When a passenger is aboard a motorcycle the driver thereof must be
certain that the passenger has a firm grip on the motorcycle or driver before moving same.
Subd. 3. Unseating passenger. When a passenger is aboard a motorcycle the driver
thereof must avoid sharp turns or radical movement or quick stopping of the motorcycle to avoid
unseating the passenger.
Subd. 4. Exhaust manifold. The operator must show the prospective passenger the
location of the exhaust manifold and may not permit any passenger to ride on his motorcycle
where a leg comes in contact with the exhaust manifold.
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Section 1340 - Skateboards
1340.01. Definition. For the purposes of this section, “skateboard” means a footboard or similar
object mounted on wheels and designed or intended to propel a rider by human power or force of
gravity, but without mechanical assistance. The term does not include a wheelchair operated by a
person with a disability, or a scooter with an upright steering handle.
1340.03. Skateboard regulations. It is a violation of this code to operate a skateboard in any
manner prohibited by this subsection.
Subd. 1. Streets. It is unlawful to operate a skateboard upon the shoulder of main-
travelled portion of a state or county road within the city.
Subd. 2. Safe operation. It is unlawful to operate a skateboard carelessly or heedlessly in
disregard of the rights of others, or in a manner that endangers or is likely to endanger persons,
property, or the operator of the skateboard.
Subd. 3. Traffic. It is unlawful to operate a skateboard in a place where the surface or
traffic conditions render the place unsafe for skateboarding.
Subd. 4. Private property. It is unlawful to operate a skateboard on private property
without the prior express permission of the owner of the property.
Subd. 5. Right-of-way. An operator of a skateboard must yield the right-of- way to any
other type of vehicle or a pedestrian while the operator is entering or travelling upon a street,
alley, sidewalk or bicycle path.
Subd. 6. Parks. The operation and use of skateboards in public parks in the city is subject
to rules and regulations promulgated by the city manager under Crystal city code, subsection
815.07.
1340.05. Penalties. A person who violates this section is guilty of a petty misdemeanor and may
be fined up to $50.
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Section 1345 – Mobile food units
1345.01. Definition. For the purposes of this section, “mobile food unit” means a self-contained
food service operation, located in a motorized wheeled or towed vehicle that is readily movable
without disassembly and that is used to store, prepare, display, or serve food intended for
individual portion service. The term includes a mobile food unit as defined in Minnesota
Statutes, section 157.15, subdivision 9.
1345.03. Locations. A mobile food unit may only be operated in the following locations and
subject to the following restrictions:
(a) In a private commercial or industrial parking lot with the written permission of the
property owner;
(b) On private residential property with the written permission of the property owner
and only for catering purposes associated with an event (such as a private
graduation party or wedding) occurring on the property. Sales to the general
public are not allowed;
(c) On a city parking lot or public park with a mobile food unit permit from the city;
or
(d) On a city street that is closed to public travel for a special event in accordance with
Crystal city code, section 805 and with a mobile food unit permit from the city.
1345.05. Permit. A mobile food unit permit required by this section shall be obtained from the
city at least 24 hours prior to the operation of the mobile food unit. The applicant shall submit a
complete application and pay the permit fee established by the city. The permit shall indicate
when it expires and may contain specific restrictions and requirements the applicant must
comply with in operating mobile food unit.
1345.07. Performance standards. The operation of a mobile food unit shall comply with all of
the following standards and requirements.
(a) A mobile food unit operating as part of an event on private property or a special
event on public property permitted by the city shall be removed from the property
within 30 minutes from the conclusion of the event. If the mobile food unit is
within a street, it shall be removed prior to the street being reopened to public
travel.
(b) A mobile food unit shall not operate on the same property for more than a total of
21 days annually.
(c) No mobile food unit shall operate between 9:00 p.m. and 7:00 a.m. if located
within 200 feet of a residential building. In all other locations, no mobile food unit
shall operate between 11:00 p.m. and 6:00 a.m.
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(d) A mobile food unit shall dispose of its gray water daily. Gray water may not be
drained into a city storm water drain or a city sanitary sewer manhole.
(e) A mobile food unit shall not exceed a bumper to bumper length of 30 feet.
(f) A mobile food unit shall provide an independent power supply.
(g) Propane tanks shall be attached or secured to the mobile food unit and shall be
adequately ventilated.
(h) The owner or operator of a mobile food unit shall comply with all applicable
federal, state, and local laws, rules, regulations, and ordinances, and obtain all
licenses, permits, and permission that may be required.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2018
Second Reading: __________, 2018
Council Adoption:_________, 2018
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: November 1, 2018 (November 8, 2018 Council Meeting)
Re: First Reading of Chapter 20 Amendment (Misdemeanors)
The City Council is being asked to act to approve the first reading of a delete-all amendment to
Chapter 20 of the City Code. The City Council reviewed and gave direction on the proposed
amendment at its October 2, 2018 work session.
As the City Council is aware, this chapter contains a mix of general welfare prohibitions that are
punishable (like all code violations) as a misdemeanor, including: disorderly conduct; resisting
officers; loitering; liquor in parks and other public places; trespass; nuisances; conduct around
schools; shade tree disease controls; and graffiti.
As directed by the City Council at its work session, the proposed ordinance was revised to clarify
possession of alcohol in streets and parks associated with special events, made express the intent to
not have the nuisance prohibitions unlawfully curtail free speech rights, updated the diseased shade
tree provisions to apply to all types of shade trees and to all types of shade tree diseases, and
broadened the scope of the prohibition related to possession of graffiti implements.
I would be happy to answer any questions. Otherwise, the City Council is asked to act on a first
reading of the revised Chapter 20.
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CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING
CHAPTER XX OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter XX of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XX
MISDEMEANORS
Section 2000 - General provisions; prohibited conduct
2000.01. Conduct prohibited. It is unlawful to engage in an act or in the behavior prohibited by
this chapter. Violation of a provision of this chapter is a misdemeanor and may be punished as
provided in section 115 of this code.
2000.03. Disorderly conduct. The following acts are disorderly conduct:
(a) Lurking, lying in wait, or concealment in a building, yard or street in the city with
intent to commit a crime therein;
(b) Willfully disturbing a meeting not unlawful in its character, or the peace and quiet
of a family or neighborhood;
(c) Willfully and lewdly exposing one's person or one's private parts, or procuring
another to so expose oneself, open and gross lewdness or lascivious behavior, or an
act of public indecency;
(d) Using profane, vulgar or indecent language in or about a public building, store,
place of public entertainment, or place of business, public parks, or on streets, alleys
or sidewalks of the city so as to be audible and offensive;
(e) Appearing upon a public street or other public place in an intoxicated condition or
drinking intoxicating liquor on a street, except when closed for a special event, or a
vehicle on a public street;
(f) Unlawfully striking or in an unlawful manner offering to or doing bodily harm to
another person or unlawfully making an attempt to apply any degree of force or
violence to the person of another, or in a violent, rude, angry or insolent manner
touch or lay hands upon the person of another; or
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(g) Willfully making a false report to a police officer in the performance of the officer's
duties.
2000.05. Resisting a public officer. It is unlawful to willfully resist, delay, or obstruct a public
officer in discharging or attempting to discharge the officer’s duty.
2000.07. False statements. It is unlawful to make a false statement in an application for a permit
or license from the city.
2000.09. Swimming in Twin Lakes. It is unlawful to swim or bathe in Twin Lakes or in a creek
or pond within the limits of the city between the hours of 10:00 p.m. and 6:00 a.m.
2000.11. Loitering.
Subd. 1. Prohibited. It is unlawful to loiter, loaf, wander, stand or remain idle either
alone or in consort with others in a public place in such manner as to:
(a) Obstruct any public street, public highway, public sidewalk or any other public
place or any building generally open to public patronage, by hindering or impeding
or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic
or pedestrians; or
(b) Commit in or upon any public street, public highway, public sidewalk or any other
public place or any building generally open to public patronage, any act or thing
which is an obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by any one in or upon or facing or fronting
on any such public street, public sidewalk or any other public place or building, all
of which prevents the free and uninterrupted ingress, egress, and regress therein,
thereon and thereto.
Subd. 2. Police order. If a person causes or commits a condition enumerated in
subdivision 1 of this subsection, a police officer or any law enforcement officer may order that
person to stop causing or committing such conditions and to move on or disperse. A person who
fails or refuses to obey such orders is guilty of a violation of this section.
2000.13. Fire alarm system and false alarms. It is unlawful to tamper with or in any way
interfere with any element of any fire alarm system within the city. It is unlawful to give, or
cause to be given, any alarm of fire or other emergency condition when no fire or emergency
condition exists.
2000.15. Obstruction of fire hydrants. It is unlawful to park a vehicle in such a way as to
obstruct a fire hydrant. The stopping or parking of a vehicle within 10 feet of a fire hydrant is an
obstruction of the hydrant and a violation of this subsection.
2000.17. Liquor and beer in parks. It is unlawful to bring into, possess, barter, give away, or
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consume any intoxicating liquor or non-intoxicating malt beverages in any public park or any
vehicle parking area immediately adjoining such park, except to the extent expressly allowed by
this Crystal city code.
2000.19. Liquor and beer in public places. It is unlawful to consume, barter, or give intoxicating
beverages or malt beverages in or upon a public street, avenue, boulevard, alley, public way or
parking lot open to the public, whether in a vehicle or not, in the city, except during a special
event authorized by the city and then only in compliance with the permit issued for the special
event and the applicable provisions of this Crystal city code.
2000.21. Trespass; notice.
Subd. 1. Remaining on property. On premises privately owned but open to the use of the
general public, it is unlawful to remain on the premises after having been requested to leave by
the owner of the premises, an authorized representative of the owner, or any other person or
entity entitled to possession of the premises.
Subd. 2. Two year rule. On any property privately owned but open to the use of the
general public, it is unlawful to return to the property after receipt of a written notice of trespass
from the owner, an authorized representative of the owner, or any person or entity entitled to
possession of the property, or law enforcement official, which notice prohibits the person from
returning to the property. This prohibition is effective for two years from the date the written
notice was served.
Subd. 3. Notice. The written notice under subdivision 2 of this subsection must be
personally served upon the party prohibited from entering the property. An affidavit of service
must be executed at the time of service. A prosecution may not be maintained under subdivision
2 of this subsection unless the property owner or other complaining party can produce a copy of
the notice of trespass and a signed affidavit of its service.
2000.23. Interference with inspection. It is unlawful to intentionally prevent, delay or interfere
with any city inspector while said inspector is engaged in the performance of any duties imposed
by this code.
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Section 2005 - Nuisances
2005.01. Nuisances.
Subd. 1. Acts constituting. The following acts are declared a public nuisance and are
unlawful:
(a) Engaging in a business or activity that is dangerous, hurtful, unwholesome,
offensive or unhealthy to the neighborhood, or that constitutes an annoyance to the
persons in the neighborhood, or is detrimental to the property in the neighborhood;
(b) Permitting, suffering or maintaining, or failing to remove offensive, nauseous,
hurtful, dangerous, unhealthy conditions resulting from a failure to properly dispose
of garbage, sewage, waste, debris or any other unwholesome or offensive substance,
liquid or thing, upon one's premises, or to drop, discharge, pass, deposit or
otherwise deliver the same upon the premises of another or public property;
(c) Constructing, maintaining, permitting or allowing upon one's property any
billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast,
display, issue or circulate insulting, profane or abusive emblem, sign, device, or
blasphemous written or printed statement, calculated or such as is likely to cause a
breach of the peace; or
(d) Displaying, circulating, issuing or publishing slanderous or obscene, immoral, or
lewd pictures, posters, literature, writings, drawings or oral statements.
Nothing in this subsection is intended to prohibit speech or expressions protected by the United
State Constitution or the Constitution of the State of Minnesota.
Subd. 2. Abatement.
(a) Procedure. Whenever a designated city official determines that a public nuisance is
being maintained or exists on a property in the city, the official shall notify in
writing the owner of record or occupant of the property of such fact and order that
the nuisance be terminated or abated within a reasonable time period. The notice of
violation shall specify the steps to be taken to abate the nuisance and the time
within which the nuisance is to be abated. If the notice of violation is not complied
with within the time specified, the official shall report that fact forthwith to the city
council. Thereafter, the city council may, after notice to the owner or occupant and
an opportunity to be heard, determine that the condition identified in the notice of
violation is a nuisance and further order that if the nuisance is not abated within the
time prescribed by the city council, the nuisance be abated by the city.
(b) Notice. Written notice of the violation; notice of the time, date, place, and subject
of any hearing before the city council; and notice of the city council order shall be
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served by a peace officer or designated official on the owner of record or occupant
of the property either in person or by certified or registered mail. If the property is
not occupied, the owner of record is unknown, or if the owner of record or occupant
refuses to accept notice, notice of the violation shall be served by posting it on the
property.
(c) Emergency procedure; summary enforcement. In cases of emergency, where delay
in abatement required to complete the procedure and notice requirements as set
forth in paragraphs (a) and (b) of this subdivision will permit a continuing nuisance
to unreasonably endanger public health, safety, or welfare, the city council may
order summary enforcement and abatement of the nuisance. To proceed with
summary enforcement, the designated official shall determine that a public nuisance
exists or is being maintained on property in the city and that delay in abatement will
unreasonably endanger public health, safety, or welfare. The designated official
shall notify in writing the occupant or owner of the property of the nature of the
nuisance, and that public health, safety, or welfare will be unreasonably endangered
by a delay in abatement required to complete the procedure set forth in paragraph
(a) of this section and may order that the nuisance be immediately terminated or
abated. If the nuisance is not immediately terminated or abated, the city council
may order summary enforcement and abatement of the nuisance.
(d) Immediate abatement. Nothing in this section shall prevent the city, without notice
or other process, from immediately abating any condition that poses an imminent
and serious hazard to human life or safety.
(e) Judicial remedy. Nothing in this section shall prevent the city from seeking a
judicial remedy in lieu of an administrative remedy.
(f) Personal liability. The owner of the property on which a nuisance has been abated
by the city, or a person who has caused a public nuisance on the property not owned
by that person, shall be personally liable for the cost to the city of the abatement,
including administrative costs. As soon as the work has been completed and the
cost determined, the city clerk or other city official shall prepare a bill for the cost
and mail it to the owner. Thereupon the amount shall be immediately due and
payable at the office of the city clerk.
(g) Assessment. After notice and hearing as provided in Minn. Stat. 429.061, as it may
be amended from time to time, if the nuisance is a public health or safety hazard on
private property, the city clerk shall, on or before September 1 next following
abatement of the nuisance, list the total unpaid charges along with all other such
charges as well as other charges for current services to be assessed under Minn.
Stat. 429.101 against each separate lot or parcel to which the charges are
attributable. The city council may then spread the charges against the property
under that statute and any other pertinent statutes for certification to the county
auditor and collection along with current taxes the following year or in annual
installments, not exceeding 10, as the city council may determine in each case.
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Subd. 3. Penalty. Violation of this subsection is a misdemeanor. The imposition of one
penalty for any violation of this section does not excuse the violation, or permit it to continue.
Each day that prohibited conditions are maintained constitutes a separate offense.
2005.03. Noise in residential areas. It is unlawful to congregate because of or participate in a
party or gathering of people from which noise emanates of a sufficient volume so as to disturb
the peace, quiet or repose of persons residing in any residential area. It is unlawful to visit or
remain within any residential dwelling unit wherein such party or gathering is taking place
except for persons who have gone there for the sole purpose of abating the disturbance.
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Section 2010 - Conduct in or around school buildings
2010.01. Defacement of school property. It is unlawful to mark with ink, paint, chalk, or other
substance, or post hand bills on, or in any other manner deface or injure any public or private
school building or structures used or usable for school purposes within the city, or mark, deface
or injure fences, trees, lawns or fixtures appurtenant to or located on the site of such buildings, or
post hand bills on such fences, trees or fixtures or place a sign anywhere on any such site.
2010.03. Improper conduct while school in session. It is unlawful to, in any school room or in
any building or on the grounds adjacent to the same, willfully or maliciously disturb or interrupt
the peace and good order of the school while in session. A person not in immediate attendance
in the school and being in such building or upon the premises belonging thereto who conducts or
behaves improperly, or who upon the request of a teacher of such school or the person in charge
thereof to leave said building or premises, neglects or refuses so to do, is in violation of this
section. It is unlawful to loiter on school grounds or in school buildings or structures.
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Section 2015 - Nuisances; shade tree disease control
2015.01. Purpose. The city council has determined that the health of the shade trees within the
city limits is threatened by shade tree diseases. It has further determined that the loss of shade
trees growing upon public and private property would substantially depreciate the value of
property within the city and impair the safety, good order, general welfare and convenience of
the public. In addition to and in accordance with Minnesota Statutes, sections 89.51-.64, the
provisions of this section are adopted as an effort to control and prevent the spread of these shade
tree pests.
2015.03. Definitions. For the purposes of this section the following terms that have the meaning
given them in this subsection.
Subd. 1. Shade tree. "Shade tree" means a woody perennial grown primarily for
aesthetic or environmental purposes situated in the city. The term includes any part of the tree
and firewood made from a tree.
Subd. 2. Shade tree disease. "Shade tree disease" means any vertebrate or invertebrate
animal, plant pathogen, or plant that is determined by the commissioner to be harmful, injurious,
or destructive to shade trees or community forests. The term includes, but is not limited to,
Dutch elm disease caused by ceratocystis ulmi, oak wilt disease caused by ceratocystis
fagaceorum, the emerald ash borer, elm bark beetles scolytus multistriatus (eichh.), and
hyluigopinus rufipes (marsh).
Subd. 3. Commissioner. "Commissioner" means the commissioner of the state
department of agriculture.
Subd. 4. Tree inspector. "Tree inspector" or "inspector" means a person having the
necessary qualifications to conduct a shade tree program and who is so certified by the
commissioner.
Subd. 5. Disease control area. "Disease control area" means the city of Crystal.
Subd. 6. Shade tree control program; program. "Shade tree control program" or
"program" means a program developed by the city to combat shade tree disease in accordance
with rules promulgated by the commissioner.
2015.05. Tree inspector.
Subd. 1. Position created. The powers and duties of the city tree inspector as set forth in
this section are hereby conferred upon the city manager. The manager may designate a member
of the administrative staff to perform the duties of tree inspector.
Subd. 2. Duties of tree inspector. It is the duty of the tree inspector to coordinate, under
the direction and control of the council, all activities of the city relating to the control and
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prevention of shade tree disease. The inspector must recommend to the council the details of a
program for the control of shade tree disease, and perform the duties incident to such a program
adopted by the council.
2015.07. Shade tree disease program. It is the intention of the city council to conduct a program
of shade tree control. This program is directed specifically at the control and elimination of
shade tree diseases and is undertaken at the recommendation of the commissioner, and in
conformance with rules promulgated by the commissioner. The city tree inspector acts as
coordinator between the commissioner and the city council in the conduct of this program.
2015.09. Shade tree diseases.
Subd. 1. Nuisances declared. The following things are public nuisances whenever they
may be found within the city:
(a) Any living or standing shade tree or part thereof infected to any degree with a shade
tree disease; or
(b) Any dead shade tree or part thereof, including legs, branches, stumps, firewood or
other material from the shade tree infected with a shade tree disease.
Subd. 2. Violation. It is unlawful for any person to permit any public nuisance as
defined in subdivision 1 to remain on premises owned or controlled by that person within the
city. The city may abate any such nuisance as provided in this section.
2015.11. Inspection and investigation.
Subd. 1. Annual inspection. The tree inspector may inspect all premises and places
within the city as often as practicable to determine whether any nuisance condition described in
Crystal city code, subsection 2015.09 exists thereon.
Subd. 2. Entry on private premises. The tree inspector may enter upon private property
at any reasonable time for the purpose of carrying out any of the duties of the tree inspector
under this section. Such inspections shall be preceded by two days' written notice to the property
owner, unless the property owner or occupant waives such notice in writing or gives the tree
inspector verbal permission to enter the property.
Subd. 3. Diagnosis. The tree inspector must, upon finding conditions indicating shade
tree disease, immediately send appropriate specimens or samples to the commissioner for
analysis, or take such other steps for diagnosis as may be provided by the commissioner by rule.
Except as provided in Crystal city code, subsection 2015.13, no action to remove a shade trees
must be taken until a positive diagnosis of a shade tree disease has been made.
2015.13. Abatement of shade tree disease nuisances. In abating the nuisances defined in this
section, the tree inspector must cause the infected shade tree to be sprayed, removed, burned, or
otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the
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shade tree disease. Such abatement procedures must be carried out in accordance with current
technical and expert opinions and procedures as may be established by the commissioner.
2015.15. Procedure for abating a shade tree nuisance.
Subd. 1. Abatement. Whenever the tree inspector finds with reasonable certainty that a
shade tree located in any public or private place in the city is infected with a shade tree disease
the tree inspector shall make a written report with findings and may abate the nuisance by
following the procedures in Crystal city code, subsection 2005.01, subdivision 2.
Subd. 2. Immediate abatement. If the tree inspector determines there is an imminent risk
that a shade tree disease discovered on a property will infect other shade trees on or off of the
property, the tree inspector may provide for the expedited abatement of the nuisance. In such
cases, the tree inspector shall provide the property owner or occupant written notice by mail or
direct delivery of the discovered shade tree disease, the date by which the nuisance must be
abated, and the required method of abatement. The notice shall indicate that if the nuisance is
not fully abated by the date indicated in the notice, which shall not be less than five days from
the date of mailing or delivery, the city will abate the nuisance and assess the costs against the
property. If the owner fails to abate the nuisance as directed, the tree inspector shall abate the
nuisance without further city council approval and the costs shall be assessed as provided in
subdivision 4 of this subsection.
Subd. 3. Method of abatement. In abating the nuisances, the tree inspector must cause
the infected shade tree to be sprayed, removed, burned, or otherwise effectively treated so as to
destroy and prevent as fully as possible the spread of the shade tree disease. Such abatement
procedures must be carried out in accordance with current technical and expert opinions and
procedures as may be established by the commissioner.
Subd. 4. Records; assessment. The tree inspector must keep a record of the costs of
abatements ordered under this subsection and report monthly to the city clerk work done for
which assessments are to be made stating and certifying the description of the land, lots, parcels
involved and the amount chargeable to each. The city may assess the property for said costs
pursuant to Crystal city code, subsection 2005.01, subdivision 2(g).
2015.17. Transporting diseased wood prohibited. It is unlawful to transport within the city any
shade tree wood the person knows, or reasonably should know, is infected with a shade tree
disease without first having obtained a permit from the tree inspector. The tree inspector will
grant such permits only when the purposes of this section will be served thereby.
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Section 2020 – Graffiti
2020.01. Declaration of nuisance. To prevent the spread of graffiti vandalism, address the
impacts of graffiti on the owners of private and public property, and avoid the lasting negative
effects of graffiti on the affected properties and the community, the city council hereby declares
graffiti a public nuisance and provides a program for its removal.
2020.03. Definitions. For the purposes of this section, the following terms shall have the
meaning given them in this subsection.
Subd. 1. Graffiti. “Graffiti” means any unauthorized inscription, word, figure, painting,
symbol, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted,
or engraved on or otherwise affixed to any surface of public or private property by any graffiti
implement, to the extent that the graffiti was not authorized in advance by the owner or occupant
of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the
city council.
Subd. 2. Graffiti implement. “Graffiti implement” means an aerosol paint container, a
broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device
capable of scarring or leaving a visible mark on any natural or human-made surface.
Subd. 3. Person. “Person” means any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
2020.05. Prohibited Acts.
Subd. 1. Defacement. It is unlawful for any person to apply graffiti to any natural or
human-made surface on any publicly owned property or, without the permission of the owner or
occupant, on any privately owned property.
Subd. 2. Possession of graffiti implements. Unless otherwise authorized by the owner or
occupant, it is unlawful for any person to possess any graffiti implement while:
(a) Within 200 feet of any graffiti located in or on a public facility, park, playground,
swimming pool, recreational facility, bridge, or other public building or structure
owned or operated by a governmental agency;
(b) Within 200 feet of any graffiti located in any public place or on private property,
between the hours of 10:00 p.m. and 5:00 a.m.; or
(c) In such other place with intent to affix graffiti to any surface.
Subd. 3. Minors at or near school facilities. It is unlawful for any person under the age of
18 years to possess any graffiti implement while on any school property, grounds, facilities,
buildings, or structures, or in areas immediately adjacent to those specific locations upon public
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property, or upon private property without the prior written consent of the owner or occupant of
such private property. It is an affirmative defense and the provisions of this subsection do not
apply to the possession of a graffiti implement by a minor attending or traveling to or from a
school at which the minor is enrolled if the minor can reasonably establish that such implement
is used as part of a class the minor is enrolled in at the school.
2020.07 Removal.
Subd. 1. By perpetrator. The city may require any person applying graffiti on public or
private property to either remove or pay for all costs for removal of the graffiti within 24 hours
after notice by the city. The removal must be performed in a manner prescribed by the city, with
materials and colors compatible with existing surfaces, and to a comparable or improved
condition before the graffiti application as determined by the city. Where graffiti is applied by a
person under 18 years old, the parents or legal guardian will also be responsible for such removal
or for payment for the costs of removal. Failure of any person to remove graffiti or pay for the
removal will constitute an additional violation of this section.
Subd. 2. By property owner or city. In lieu of the procedure set forth in subdivision 1, the
city may order that the graffiti be removed by the property owner or any person who may be in
possession or who has the right to possess such property, pursuant to the nuisance abatement
procedure herein. Graffiti removal and corrections must be performed with materials and colors
compatible with existing surfaces as determined by the city. If the property owner or responsible
party fails to remove the graffiti in compliance with the provisions of this section and within the
time specified by the city, the city may commence abatement and cost recovery proceedings for
the graffiti removal in accordance with this section.
Subd. 3. Right of entry on private property. Prior to entering upon private property or
property owned by a public entity other than the city for the purpose of graffiti removal, the city
must attempt to secure the consent of the property owner or responsible party and a release of the
city from liability for property damage or personal injury. If the responsible party fails to remove
the graffiti in compliance with the provisions of this section and within the time specified by this
section, or if the city has requested consent to remove or paint over the graffiti and the property
owner or responsible party has refused consent for entry on terms acceptable to the city and
consistent with the terms of this section, the city will commence abatement and cost recovery
proceedings for the graffiti removal according to the provisions specified in Crystal, city code
subsection 2020.09.
Subd. 4. General duty. It is the duty of both the owner of the property to which the
graffiti has been applied and any person who may be in possession or who has the right to
possess such property to at all times keep the property clear of graffiti. If a property is subject to
three or more occurrences of graffiti within a year, application of anti-graffiti material of a type
and nature that is acceptable to the city may be required for each of the publicly viewable
surfaces after notification by the city, or imposed during improvements or construction activities
to the site as determined by the city.
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2020.09. Abatement procedure. If the owner, occupant, or other responsible party does not
comply with the city’s removal requirements, the city may abate the public nuisance pursuant to
the procedure contained in Crystal city code, subsection 2005.01, subdivision 2.
2020.11. Abatement of graffiti in specific cases.
Subd. 1. Immediate abatement; utility facilities. The city manager, or its designee, may
without notice summarily abate any graffiti on any utility poles and cabinets including, but not
limited to, traffic signs and lights or on any property owned by the city or on any property
located in the public right-of-way, but privately owned. The right to summarily abate graffiti on
such property shall be a condition of its permission to be in the right-of-way. Reasonable care
shall be taken to avoid damage to such property.
Subd. 2. Immediate abatement, abutting right-of-way. The city manager, or its designee,
may without notice summarily abate any graffiti located anywhere on exterior walls and fences
immediately abutting public streets and right-of-way or public property, or within five feet of
such street, right-of-way or public property. The city manager, or its designee, may summarily
abate graffiti located on such walls and fences that is beyond five feet of such street, right-of-
way or public property provided that the graffiti is visible from the street, right-of-way or public
property. The city shall make reasonable attempts to ensure: (1) that such abatement shall not
entirely penetrate the wall of any building nor impair the structural integrity of the structure
involved; (2) that reasonable efforts are made to avoid damage to the property; and (3) that the
wall is not in an area of a building that is designed for and used principally as a residence. In the
case of a summary abatement without notice on private property or on private structures or
equipment located in the right-of-way, the expense of such abatement and restoration shall be
borne by the city.
2020.13. Cost recovery.
Subd. 1. Liability for costs. The owner of property on which a nuisance has been abated
by the city, or a person who has caused a public nuisance on property not owned by that person,
is personally liable to the city for the cost of the abatement, including administrative costs. As
soon as the work has been completed and the cost determined, city staff will prepare a bill for the
cost and mail it to the owner or other responsible party. The amount is immediately due and
payable to the city.
Subd. 2. Assessment. If the cost, or any portion of it, has not been paid within 30 days
after the date of the bill, the council may certify the unpaid cost against the property to which the
cost is attributable in accordance with the process set forth in Crystal city code, subsection
2005.01, subdivision 2(g).
2020.15. Penalties.
Subd. 1. Criminal. Any violation of this section is a misdemeanor, punishable in
accordance with state law.
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Subd. 2. Civil. Any violation of this section shall be subject to civil penalties, in
accordance with Crystal city code, section 306, or any other judicial remedy available to the city.
Subd. 3. Minors. In the case of a minor, the parents or legal guardian is jointly and
severely liable with the minor for payment of all fines. Failure of the parents or legal guardian to
make payment will result in the filing of a lien on the parents’ or legal guardian’s property that
includes the fine and administrative costs.
Subd. 4. Additional penalties. This section is not intended to prohibit a private property
owner from seeking additional penalties or remedies.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2018
Second Reading: __________, 2018
Council Adoption:_________, 2018
Publication:
Effective Date:
BY THE CITY COUNCIL
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: Nov. 2, 2018
City Council
Second Work Session Agenda
Thursday, Nov. 8, 2018
Immediately 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 November 8, 2018 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Deshler ____ Norris
____ Kolb ____ Therres
____ LaRoche ____ Gilchrist
____ Parsons ____ Revering
____ Adams ____ Elholm
____ Budziszewski ____ Ray
____ Dahl
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. 2019 – 2020 Budget review.
2. Constituent issues.
3. New business.*
4. 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.
Sept. 4, 2018
Two-year budget to focus on long term
planning and capital needs.
Reorganize capital funds.
●Street Fund (combined street construction and street
maintenance funds).
●Parks Capital Fund (parks and park improvements).
●Building Fund (includes all city buildings and pool.
●Fleet Fund
●IT Fund (operations and capital).
First step in long term capital plan.
Internal
Service
Funds
Long term planning for major capital
expenditures.
●Reinvesting in parks to keep neighborhoods strong.
●Keeping business area vibrant (Becker Park Improvements).
●Police department needs.
Works in progress.
●Detailed work on capital funds.
●Updated financial policies including fund balance/emergency
fund policy.
Change 2019 2020
Wages and benefits increase
Workers compensation insurance increase
Elections (including presidential primary –3 total)
Additional police officer
Additional funding (1% each year) ─ Park Capital Fund
Increase for WMFRD (no change in service levels)
Inflationary increase in levy contribution to Capital Funds
Loss of COPS grant (federal funds)
*This includes 100% of 2nd year funding.
Category 2016
Actual
2017
Actual
2018
Budget
2019
Proposed
2020
Proposed
Taxes: Property &
Assessments
$8,004,393 $8,709,286 $ 9,489,779 $9,716,249 $10,341,584
Special Assessments 95,653 59,331 114,000 70,500 70,500
Intergovernmental
Revenue
2,008,524 2,003,243 1,868,789 1,912,339 1,777,339
Licenses & Permits 773,479 785,452 844,228 837,610 855,310
Charges for Services 793,092 758,967 831,551 818,859 864,902
Investment Income 75,154 34,575 68,000 68,000 68,000
Fines & Forfeits 322,009 327,096 304,000 292,000 307,000
Interfund Transfers
and Transfers In
343,286 445,475 444,449 458,860 474,258
Miscellaneous 58,796 46,688 72,280 68,028 69,000
TOTAL $12,474,383 $13,170,113 $14,037,076 $14,242,445 $14,827,893
Change $205,369
1.46%
$585,476
4.11%
Major General Fund Revenue Changes Total Cost per capita*
Projected Property Tax Increase $144,470 $6.32
Reallocation of State Aid Revenue $61,000 $2.67
Special Assessments -$43,500 -$1.90
Police/Fire Pension Aid $44,000 $1.93
Pawn Shop Transaction Fees -$42,000 -$1.84
Recreation $4,085 $.18
Community Center $13,300 $.58
Miscellaneous $9,603 $.42
Administrative and Other Transfers $14,411 $.63
Total $205,369 $8.98
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
Category 2016
Actual
2017
Budget
2018
Proposed
2019
Proposed
2020
Proposed
City Council, Admin.,
Elections, Legal, Finance
$2,315,220 $2,388,515 $2,291,364 $2,055,507 $2,146,913
Police 4,829,962 5,184,703 5,629,175 5,918,569 6,164,559
Fire 1,239,663 1,320,108 1,360,507 1,445,107 1,508,437
Community Development 523,035 543,950 571,191 647,469 689,370
Streets, Parks, Buildings,
Forestry, Engineering
2,257,257 2,356,329 2,590,741 2,503,105 2,578,410
Recreation 1,448,395 1,534,643 1,594,098 1,672,688 1,740,204
Transfers out -3,186 ---
Total $12,613,532 $13,331,434 $14,037,076 $14,242,445 $14,827,893
Change $205,369
1.46%
$585,448
4.11%
Major Expenditure Changes Total Cost per capita*
Wages and Benefits $346,088 $15.93
Elections $12,500 $.55
Administration -Website Completion -$35,000 -$1.53
Administration -Service Contracts -$32,500 -$1.42
Legal Services -$27,000 -$1.18
IT Reallocation Costs -$85,000 -$3.72
West Metro Fire District $62,600 $2.74
Police and Fire Pension $44,000 $1.93
Street Maintenance -Salt $15,000 $.66
Recreation $26,964 $1.18
City Building Reallocation -$188,377 -$8.24
Miscellaneous Increases $66,112 $2.89
Total $205,369 $8.99
*Per capital costs based on the Metropolitan Council’s estimated
population of 22, 855 for the City of Crystal in 2016.
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
Major Revenue Changes Total Cost per capita*
Projected Property Tax $625,335 $27.45
COPS Grant -$120,000 -$5.25
DEED Grant for Cadets -$20,000 -$.88
Building and Electrical Permits $17,000 $.74
Police/Fire Pension Aid $5,000 $.23
Fines $15,000 $.66
Recreation $27,300 $1.19
Community Center $6,100 $.27
Pool $8,700 $.38
Misc. and Administrative Transfers $21,041 $.92
Total $585,476 $25.62
Major Expenditure Changes Total Cost per capita*
Wage and Benefits $410,645 $17.97
Elections Staffing $114,475 $5.01
Professional Services -Finance -$25,000 -$1.09
Administration –Service Contracts -$10,000 -$.44
Legal-Completion of Code Updates $15,000 -$.66
West Metro Fire District $60,313 $2.64
Miscellaneous Increases $50,015 $2.59
Total $585,448 $25.62
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
Fund 2016
Actual
2017
Actual
2018
Levied
2019
Proposed
2020
Proposed
General Fund $8,571,947 $8,657,000 $9,436,779 $9,716,249 $10,266,584
Pool Bonds Debt
Service
210,600 212,000 ---
EDA 246,200 277,200 277,200 282,744 288,399
Capital
Improvement Funds
1,119,160 1,141,620 1,191,110 1,344,139 1,477,946
Total Tax Levy $9,937,307 $10,075,820 $10,905,089 $11,343,139 $12,032,928
Change $438,043
4.02%
$695,859
6.13%
Fund 2016 2017 2018
Levied
2019
Proposed
2020
Proposed
Buildings $563,153 $ 574,400 $574,400 $585,888 $597,606
Fleet ---85,680 86,537
Information Technology ---159,179 158,037
Police Equipment Revolving 134,700 137,400 151,900 154,938 158,037
Park Improvement ---$248,310 $358,914
PIR 261,000 266,220 301,210 --
Street Construction 160,307 163,600 163,600 110,144 116,950
Total Capital Improvement
Levy
$1,119,160 $1,141,620 $1,191,110 $1,344,139 $1,477,946
Internal
Service
Funds
Payable 2016 Payable 2017 Payable 2018 Payable 2019 Payable 2020
Tax Capacity $15,250,280 $16,716,693 $18,459,975 $19,577,862 **$20,556,755
TIF Captured Value (325,706)(248,944)(212,599)*(212,599)*(212,599)
Area-wide Contribution (1,088,334)(1,082,015)(1,079,088)(1,216,174)(1,216,174)
Area-wide Distribution 3,999,304 4,375,023 4,467,214 4,578,315 4,467,214
Net Tax Capacity $17,835,544 $19,760,757 $21,635,502 $22,727,404 $23,595,196
Certified Levy 9,099,500 9,798,620 10,627,889 11,060,388 11,744,529
EDA Levy 246,200 277,200 277,200 282,744 288,399
Local Levy $9,345,700 $10,075,820 $10,910,633 $11,343,132 $12,032,928
* Estimates for the 2019 Captured Tax Capacity from Tax Increment Finance Districts have not yet been received. The prior
year, TIF Captured Value was used to calculate the estimated 2019 tax rate.
** Estimated at 5% increase over 2019.
2016 2017 2018 Payable 2019 Payable 2019
City Tax Rate 51.83%50.36%50.42%49.91%51.00%
County Tax Rate 45.36 44.09 42.81 42.81 42.81
School Tax Rate 33.83 31.61 31.96 31.96 31.96
Other Tax Rate 10.43 10.21 9.05 9.05 9.05
Total Tax Rate 141.45%136.27%134.23%133.73%134.82%
2018
Market Value
of a Home
Taxable
Market
Value
2018
Actual
2019
Estimated
$
Increase
%
Increase
$158,760 $135,800 $685 $708 $23 3%
$176,400 $155,000 $781 $808 $26 3%
$196,000 $176,400 $889 $919 $30 3%
$235,200 $219,100 $1,105 $1,142 $37 3%
$282,240 $270,400 $1,363 $1,409 $46 3%
Based upon proposed increase in the city tax levy.
. Tax impacts may change slightly as more information
becomes available
Sept. 4 Adopt preliminary 2019-2020 operating budgets and 2019
preliminary tax levy.
Sept.17 Work session to review utility rates and long-term plan
Oct. 16 Adopt 2019 fee schedule and utility rates.
Oct.16 Opportunity for public input.
Dec. 4 Review and adopt final 2019 property tax levy and
2019-2020 budget.