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2020.07.21 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 17, 2020 City Council Meeting Schedule Tuesday, July 21, 2020 Time Location 6:15 p.m. City Council Work Session to discuss: 1. Big Louie’s update. Council Chambers/Zoom meeting 7:00 p.m. City Council Meeting Council Chambers/Zoom meeting Immediately following City Council meeting Economic Development Authority (EDA) Meeting Council Chambers/Zoom meeting Immediately following EDA meeting City Council Work Session to discuss: 1. Public safety update. Council Chambers/Zoom meeting 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 o0r 1-800-627-3529. In accordance with the requirements of Minnesota Statues, Section 13D.021, Mayor Jim Adams of Crystal has determined that, due to the outbreak of COVID-19 (otherwise known as “Coronavirus”) it may not be practical for members of the public to attend an in-person meeting. Members of the public may monitor the meeting by a scheduled Zoom meeting. Topic: City of Crystal | WS, Council, EDA, WS Time: Jul 21, 2020 06:15 PM Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83857459194?pwd=RjJrbVNqVGo5bTJzK3ZzQ016Si91UT09 Meeting ID: 838 5745 9194 Password: 414141 One tap mobile +13017158592,,83857459194# US (Germantown) +13126266799,,83857459194# US (Chicago) Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 838 5745 9194 Find your local number: https://us02web.zoom.us/u/kdn6rDCFwm 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 17, 2020 City Council Work Session Agenda July 21 2020 6:15 p.m. Council Chambers/Zoom Meeting 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 ______ p.m. on July 21, 2020 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Banks ____ Gilchrist ____ Budziszewski ____ Revering ____ Deshler ____ Hubbard ____ Kiser ____ Serres ____ LaRoche ____ Parsons II. Agenda The purpose of the work session is to discuss the following agenda item: 1. Update on Big Louie’s. III. Adjournment The work session adjourned at ______ p.m. *Denotes no supporting information included in the packet. 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. CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor & City Council Members FROM: Stephanie K. Revering, Chief of Police DATE: July 8, 2020 SUBJECT: Update on Big Louie’s MMEEMMOORRAANNDDUUMM On June 22nd and 23rd we had 2 separate shooting incidents at Big Louie’s Bar & Grill. On the June 22nd incident the victim who was shot passed away and on the June 23rd incident, 3 people were shot and injured and released from the hospital. We met with the owners of Big Louie’s Bar & Grill and they will be present at the July 21st council work session to discuss their business. Thank you and please let me know if you have any questions. Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 17, 2020 City Council Meeting Agenda Tuesday, July 21 2020 7 p.m. Council Chambers/Zoom Meeting 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. Appearance – Chief’s Award * 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The City Council work session on June 16, 2020. b. The City Council meeting on June 16, 2020. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of a resolution accepting donations of $250 from Golden Valley VFW Post #7051 for the Airport Open House. 4.4 Approval of the appointment of Roycie Eppler and Terri Schultz to the Environmental Quality Commission and Mary Cameron to the Employee Review Board. 4.5 Approval of a resolution supporting “Protect Community Television Act” (CCX Media). 4.6 Approval of a resolution amending the legal description for previously vacated easements at 3501 Douglas Dr. N. Page 2 of 3 5. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas). 6. Public Hearings 6.1 The Council will hold a public hearing to consider a new on-sale liquor license for Klever Liquor at 5120 Bass Lake Road. An application has been received and processed from Klever Miranda Sanchez for a new on- sale liquor license at 5120 Bass Lake Road. After taking public comment, recommend approval of the new on-sale liquor license for Klever Miranda Sanchez dba Klever Liquor at 5120 Bass Lake Road. 6.2 The Council will hold a public hearing to consider vacating defined right-of-way for a land exchange with the Metropolitan Airports Commission. At a work session last month, Public Works Director Mark Ray provided an update on storm water drainage at 61st and Douglas and efforts to exchange easements with the Metropolitan Airports Commission (MAC) in order to do grading to improve drainage. The terms of the easement exchange have been determined and agreed on by both agencies. After holding the public hearing, recommend approval and direct staff to develop the legal descriptions of the property involved before final approval. 7. Regular Agenda 7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 7.2 The Council will consider a resolution authorizing execution of a sub-grant agreement with the state of Minnesota for flood mitigation project (Brownwood pond). Earlier this year, Public Works Director Mark Ray discussed a storm water study that included evaluating several potential projects, including flood mitigation at Brownwood pond. Since that work session, the City Council approved hiring a consultant to evaluate potential projects. There is an opportunity to work with the state for a grant towards the cost of the Brownwood project. Recommend approval of the resolution authorizing the execution of a sub-grant agreement with the state. Page 3 of 3 7.3 The Council will consider two resolutions regarding purchases for North Lions Park: a. for the approval of the purchase of hockey rink dasher boards; and b. for the approval of the purchase hockey rink lights. The capital fund includes allocations for construction of a lighted hockey rink at North Lions Park. Community Development Block Grant funds and Hennepin Youth Sports Grant funds were also received towards the cost of this project. Recommend approval of the two resolutions authorizing the purchase of the hockey rink dasher boards and hockey rink lights for North Lions Park. 7.4 The Council will consider a resolution approving the purchase of a play area at FAIR School. The Parks Capital fund includes an allocation for the replacement of the play area at FAIR school, in cooperation and partnership with ISD 281. The City and School District are sharing in the cost of relocating the play area, installing a new surface and replacing the play equipment. 7.5 The Council will consider the second reading of an ordinance amending the Unified Development Code and the resolution authorizing its summary publication. At its June 16 meeting the City Council approved the first reading of an ordinance amending Chapter 5, the Unified Development Code, of the City Code. Recommend approval of the second reading of this ordinance and the resolution authorizing its summary publication. 8. Announcements a. A community open house is Thursday, July 23, 5 – 7 p.m. at the Crystal Community Center to learn about potential development of a 53-unit apartment building at 5240 West Broadway. b. The primary election is Tuesday, August 11. c. Polls are open at 7 a.m. – 8 p.m. Polling locations can be found at https://pollfinder.sos.state.mn.us . Absentee voting by mail is available by requesting a ballot at www.crystalmn.gov . d. The next City Council meeting is Tuesday, August 18, at 7 p.m. in the Council Chambers at City Hall. e. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 9. Adjournment *Denotes no supporting information included in the packet. Have a great weekend; stay healthy. See you at Tuesday’s meeting. Crystal City Council work session minutes June 16, 2020 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 8:34 p.m. on June 16, 2020 electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present in the Council Chambers at City Hall: Adams, Banks, Budziszewski, Kiser, LaRoche, and Parsons. Council member Deshler present via Zoom. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Police Chief S. Revering, Deputy Police Chief B. Hubbard and City Clerk C. Serres. City staff present via Zoom: Assistant City Manager K. Therres, Community Development Director J. Sutter, West Metro Fire-Rescue District Chief S. Larson and City Attorney T. Gilchrist. II.Agenda The Council and staff discussed the following item: 1.Public safety update. III.Adjournment The work session adjourned at 9:04 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(a) Crystal City Council meeting minutes June 16, 2020 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 16, 2020 at 7:00 p.m. electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present in the Council Chambers at City Hall: Kiser, LaRoche, Parsons, Adams, Banks and Budziszewski. Council member Deshler present via Zoom. City staff present in the Council Chambers at City Hall: City Manager A. Norris, Police Chief S. Revering, and City Clerk C. Serres. City staff present via Zoom: Assistant City Manager K. Therres, Finance Director J. McGann, City Planner D. Olson, Community Development Director J. Sutter, West Metro Fire-Rescue District Chief S. Larson and City Attorney T. Gilchrist. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the agenda. By roll call and voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons, and Adams. 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 work session on June 2, 2020. b.The City Council meeting on June 2, 2020. 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. 2020-62, accepting a donation of $1,000 from Crystal Lions Club for the K-9 Unit. 3.4 Approval of Resolution No. 2020-63, establishing an Absentee Ballot Board for the 2020 elections. 3.5 Approval of Resolution No. 2020-64, designating 2020 polling places. 4.1(b) Crystal City Council meeting minutes June 16, 2020 Page 2 of 3 3.6 Approval of Resolution No. 2020-65, appointing election judges for the 2020 elections. 3.7 Approval of temporary expansion of the licensed premises for outdoor seating at VFW Post 494, 5222 56th Ave. N. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the consent agenda. By roll call and voting aye: Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Abstention: Banks Motion carried. 4. Open Forum No public comment was given during open forum. 5. Regular Agenda 5.1 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 Banks and seconded by Council Member LaRoche to approve the list of disbursements over $25,000. By roll call and voting aye: Deshler, Kiser, LaRoche, Parsons, Adams, Banks and Budziszewski. Motion carried. 5.2 The Council received a presentation of the 2019 annual financial report and audit. Finance Director Jean McGann and Matt Mayer of BerganKDV via Zoom presented the report. Moved by Council Member LaRoche and seconded by Council Member Kiser to accept the 2019 annual financial report and audit. By roll call and voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski, Banks and Deshler. Motion carried. 5.3 The Council considered approval of a site plan for an addition to Midwest Watersports at 5160 West Broadway. Community Development Director John Sutter, City Planner Dan Olson, and Architect Ed Farr from Edward Farr Architects, Inc. addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Banks to approve the site plan from Midwest Water Sports at 5160 West Broadway, subject to the conditions outlined in the staff report. By roll call and voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. 4.1(b) Crystal City Council meeting minutes June 16, 2020 Page 3 of 3 5.4 The Council considered the first reading of an ordinance amending the Unified Development Code. Community Development Director John Sutter and City Planner Dan Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following ordinance: ORDINANCE NO. 2020 – 03 AN ORDINANCE REVISING CHAPTER V OF THE CRYSTAL CITY CODE RELATED TO THE UNIFIED DEVELOPMENT CODE (UDC) And further, that the second and final reading will be held on July 21, 2020. By roll call and voting aye: Parsons, Adams, Banks, Budziszewski, Kiser and LaRoche. Voting nay: Deshler. Motion carried. 6. Announcements The Council made announcements about upcoming events. 7. Adjournment Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adjourn the meeting. By roll call and voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche and Parsons. Motion carried. The meeting adjourned at 8:01 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Christina Serres, City Clerk 4.1(b) Page 1 of 2 City of Crystal Council Meeting July 21, 2020 Applications for City License Consumer Fireworks 350 American Promotional Events dba TNT Fireworks @Aldi 5620 West Broadway Crystal, MN 6/19/20 – 7/6/2020 Pre-approved by Anne Norris Rental – New 3612 Adair Ave. N. – Reill Properties LLC (Conditional) 4821 Idaho Ave. N. – Shannan Paul (Conditional) 5906 Idaho Ave. N. – CTW Group Inc (Conditional) 5437 Maryland Ave. N. – C & N Wescoe Bauman (Conditional) 3400 Noble Ave. N. – J & C Ellefson Trust 5501 Perry Ave. N. – Robert Mokua Ondicho (Conditional) Rental – Renewal 4526 Adair Ave. N. – Craig Dienger (Conditional) 5701 Adair Ave. N. – JDA Group LLC 5108 Angeline Ave. N. – Cosco Property IV LLC (Conditional) 5315 Angeline Ave. N. – LC Single Homes LLC (Conditional) 5327 Angeline Ave. N. – Robert Read 5417 Angeline Ave. N. – Xuyan Janet Lang 3100 Aquila Ave. N. – R & S Properties of Minnesota LLC (Conditional) 3130 Aquila Ave. N. – Tom Durkin 6524 Brentwood Ave. N. – Eero & Nadya Mattson 4041 Brunswick Ave. N. – Serenity Village Community Church 4212 Brunswick Ave. N. – Crystal Holdings LLC 4306 Brunswick Ave. N. – Pro Operam Sub IV LLC (Conditional) 6707 Corvallis Ave. N. – Newland Property 3821 Douglas Dr. N. – Clayton and Tammy Duggan (Conditional) 4559-4563 Douglas Dr. N. – Donald Brasch 6115 Douglas Dr. N. – Kenneth & Ruth Kutzler 5116 Edgewood Ave. N. – Mitchell Investment Properties LLC (Conditional) 5126 Edgewood Ave. N. – Wally Anderson (Conditional) 5101 Fairview Ave. N. – Todd & Andrea Zimmermann 3909 Florida Ave. N. – Charles Hawkinson 4841 Florida Ave. N. – Jason Flaa 2925 Hampshire Ave. N. – Michael Kaldor 4155 Hampshire Ave. N. – Stephen C Kraemer et al 5324-5340 Hanson Ct. N. – TMC Equities LLC (Conditional) 4057 Idaho Ave. N. – IH3 Property Minnesota LP (Conditional) 2959 Jersey Ave. N. – Roxanne Elfering 5249 Jersey Ave. N. – ADESAH LLC 5827 Jersey Ave. N. – Harold Creek 6048 Jersey Ave. N. – IH3 Property Minnesota LP 3970 Kentucky Ave. N. – Brian Bona (Conditional) 3520 Lee Ave. N. – Juniper Land Trust LLC (Conditional) 6719 Lombardy La. – Pro Operam Sub II LLC 4.2 Page 2 of 2 5757 Maryland Ave. N. – Jeff & Kristen Jacobs (Conditional) 5857 Maryland Ave. N. – Daniel and Jalana Moe 3333 Nevada Ave N 3302 – AS&W Rental Properties LLC 3343 Nevada Ave. N. #4301 – AS&W Rental Properties LLC 3343 Nevada Ave. N. #4302 – AS&W Rental Properties LLC 3343 Nevada Ave. N. #4303 – AS&W Rental Properties LLC 3345 Nevada Ave. N. #4503 – AS&W Rental Properties LLC 3347 Nevada Ave. N. #4701 – AS&W Rental Properties LLC 3347 Nevada Ave. N. #4704 – AS&W Rental Properties LLC 3349 Nevada Ave. N. #4901 – AS&W Rental Properties LLC 3401 Noble Ave. N. – Premium Property Group (Conditional) 5724 Orchard Ave. N. – Cosco Property IV LLC 5716 Pennsylvania Ave. N. – Raymond Truelson (Conditional) 5610 Perry Ave. N. – Thanasak Sueblinvong 4711 Regent Ave. N. – Statt Propertie LP (Conditional) 5417 Toledo Ave. N. – Scott and Betty Miles 5230 Unity Ct N – Steve Hinrichs 2721 Vera Cruz Ave. N. – An Nguyen (Conditional) 3633 Vera Cruz Ave. N. – Nelson Family Fdn Re Hld LLC 4725 Welcome Ave. N. – Wally Anderson (Conditional) 5765 West Broadway – MNSF (Conditional) 5810 West Broadway – MNSF (Conditional) 5900-5920 West Broadway – Virginian Court (Conditional) 5568-5570 Xenia Ave. N. – Naresh Uppal 3709 Yates Ave. N. – Jeremy Hemsworth 4408 Yates Ave. N. – Ryan and Mandy Hardy (Conditional) 4743 Yates Ave. N. – JDA Group LLC 5750 Yates Ave. N. – MNSF (Conditional) 3339 Zane Ave. N. – Alganesh Woldeabzgi 6300 31st Ave. N. – John Skogerboe (Conditional) 8132 32nd Ave. N. – Ryan Luthi 8615 32nd Ave. N. – Robert Rader 8316 32nd Pl. N. – Christopher Narins 7324 33rd Ave. N. – Scott Kevitt 7917 33rd Pl. N. – Nasir Pur (Conditional) 5800-5804 36th Ave. N. – Good Enterprises 5910 36th Ave. N. – Michael Fruen 6502 37th Ave. N. – Charles Hawkinson (Conditional) 6406 44th Ave. N. – Darlene Chapman (Conditional) 6907 46th Pl. N. – Danmark Properties LLC (Conditional) 7013 47th Ave. N. – JDA Group LLC 6600 50th Ave. N. – MHB Enterprises LLC 6723 50th Ave. N. – Matthew Selden (Conditional) 4824 59th Ave. N. – HPA II Borrower 2019-1 LLC (Conditional) 6324 61st Ave. N. – Ignacio Ruiz Tree Trimmer Braun Outdoors LTD P O Box 23418 Richfield, MN 55423 4.2 CITY OF CRYSTAL RESOLUTION NO. 2020 – RESOLUTION ACCEPTING A DONATION FROM GOLDEN VALLEY VFW POST 7051 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 donation: Donor Purpose Amount Golden Valley VFW Post 7051 Airport Open House $250 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for its generous donation. Dated: July 21, 2020 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Christina Serres, City Clerk 4.3 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 CITY OF CRYSTAL RESOLUTION NO. 2020 - __ RESOLUTION SUPPORTING THE “PROTECTING COMMUNITY TELEVISION ACT” WHEREAS, the city of Crystal is a member of the Northwest Suburbs Cable Communications Commission (the “Commission”), a joint powers commission organized pursuant to Minnesota Statues 471.59, as amended, and inc ludes the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale (collectively the “Member Cities”); and WHEREAS, the Commission negotiates and manages the cable franchise agreements of the Member Cities and operates CCX Media, a local community public educational and governmental (“PEG”) community media center of behalf of Member Cities; and WHEREAS, CCX Media provides coverage of local events such as city council meetings, other governmental meetings and local high school sporting events that local broadcast stations such as WCCO, KSTP, KMSP and KARE typically do not cover, and in light of decreasing print media, CCX Media is the principal source for Member City residents to have access to and coverage of local events; and WHEREAS, CCX Media is funded through franchise and PEG fee revenues negotiated in the cable franchise agreements; and WHEREAS, the Member Cities require, as part of the cable franchise agreements, that cable companies meet demonstrated community needs by providing non-monetary in-kind contributions that benefit the Member Cities, local schools, and public safety agencies as well as CCX Media; and WHEREAS, in 1984 Congress defined a franchise fee as a “tax, fee or assessment” and for the past 35 years it has been solely a monetary fee; and WHEREAS, in 2019 the Federal Communications Commission (FCC) departed from the clear language of the Cable Act and ruled that a franchise fee is both a monetary and non - monetary fee and permits cable companies to uni laterally and outside the franchise agreements assign a value to the non-monetary in-kind contributions and then subtract that amount from the franchise fees the cable operator pays the local community; and WHEREAS, the FCC order results in decreased vital funding to Member Cities and CCX Media; and WHEREAS, the Protect Community Television Act has been introduced in Congress with the goal of maintaining the status quo by reversing the 2019 FCC order and allowing franchise fees to be calculated as they have been for over 35 years as monetary only fees and consistent with the franchise agreements; and 4.5 WHEREAS, this legislation is supported by the National League of Cities, th e US Conference of Mayors, the National Association of Counties, the Minnesota League of Cities and the National Association of Telecommunications Officers and Advisors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal as follows: 1. Congress is called on to pass legislation, such as the Protect Community Television Act, which would undo the FCC’s 2019 action; and 2. Encourage all Minnesota House and Senate members to co-sponsor the Protect Community Television Act. Approved this 21st day of July, 2020. __________________________ Jim Adams, Mayor ATTEST: ____________________________ Chrissy Serres City Clerk 4.5 AMEND RESOLUTION FOR EASEMENT VACATION AT 3501 DOUGLAS DR N PAGE 1 OF 2 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for July 21 City Council Meeting) DATE: July 16, 2020 RE: Consider adoption of an amended resolution for previously vacated easements at 3501 Douglas Drive North A.BACKGROUND On February 4, 2020, the City Council adopted a resolution vacating existing drainage and utility easements at 3501 Douglas Drive so that Hampton Companies could construct an assisted living and memory care facility. 2018 Aerial Photo: COUNCIL STAFF REPORT Amend resolution for previously vacated easements at 3501 Douglas Drive North 4.6 AMEND RESOLUTION FOR EASEMENT VACATION AT 3501 DOUGLAS DR N PAGE 2 OF 2  After the resolution was recorded, Hennepin County requested that the City Council adopt an amended resolution to make minor clarifications to the legal description of the vacated easements. This is merely a technical correction and the actual location of the vacated easements will not change.  Attachment A shows the redlined amendments to the original resolution. The amended resolution will also be recorded and will replace the earlier recorded resolution. Attachments: A. Amended resolution B. REQUESTED ACTION City Council approval of the attached amended resolution is requested. 4.6 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2020-_____ AMENDED AND RESTATED RESOLUTION VACATING EASEMENTS WITHIN THE PLATS OF DOUGLAS PLAZA, DOUGLAS MEDICAL PLAZA AND ANDERSONS GARDENDALE ACRES WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, section 412.851, the City scheduled a public hearing on February 4, 2020 to consider vacating platted drainage and utility easements, which are legally described on the attached Exhibit A and depicted on the attached Exhibit B; and WHEREAS, on February 4, 2020, after notice being provided, the City Council held the public hearing on the proposed vacation during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to Minnesota Statutes, section 412.851, to vacate public drainage and utility easements, or any portion thereof if it appears in the interest of the public to do so; and WHEREAS, following the public hearing, the City determined that there is no continuing public need for the drainage and utility easements described and depicted herein, and that vacating said easements is in the public interest.; and WHEREAS, the City Council originally acted on this vacation by Resolution No. 2020- 22 adopted on February 4, 2020, but subsequent to that action the City discovered a need to correct the legal description. This amended and restated resolution makes the needed correction and replaces the earlier resolution on this matter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as follows: 1.The drainage and utility easements legally described on the attached Exhibit A and depicted on the attached Exhibit B are hereby vacated, subject to the following conditions: a.Approval by the City of the final plat of SUITE LIVING OF CRYSTAL; and b.Execution of the final plat of SUITE LIVING OF CRYSTAL by the Mayor and City Clerk and the release of the plat for recording. 2.Upon the release for recording by the City of the final plat of SUITE LIVING OF CRYSTAL, City staff is hereby authorized and directed to prepare and present to the Hennepin County auditor a notice that the City has completed these vacation proceedings. Said notice shall be Attachment A 4.6 recorded with the Hennepin County recorder prior to the recording of the plat of SUITE LIVING OF CRYSTAL. 3. City staff is hereby authorized and directed to take any additional steps necessary to effectuate the intent of this resolution. Adopted by the Crystal City Council this 4th 21st day of FebruaryJuly, 2020. ____________________________ Jim Adams, Mayor ATTEST:___________________________ Chrissy Serres, City Clerk 4.6 A-1 EXHIBIT A Legal Description of Vacated Drainage and Utility Easements All that drainage and utility easement dedicated by Douglas Plaza Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lies over the easterly 5.00 feet of Lot 1, Lot 2, and Lot 3, Block 1, said Douglas Plaza Addition All that drainage and utility easement dedicated by Douglas Medical Plaza, according to the recorded plat thereof, Hennepin County, Minnesota, which lies over the westerly 5.00 feet of Lot 1, Block, 1, said Douglas Medical Plaza. All those drainage and utility easements dedicated by Andersons Gardendale Acres, according to the recorded plat thereof, Hennepin County, Minnesota, which lies over the easterly 10.00 feet, of and the northerly, westerly, and southerly 5.00 feet of Lot 1, Block 1, said Andersons Gardendale Acres, and which lie over the westerly 10.00 feet, and the northerly, easterly, and southerly 5.00 feet of Lot 2, Block 1, said Andersons Gardendale Acres. 4.6 A-2 EXHIBIT B Depiction of Vacated Drainage and Utility Easements 4.6 COUNCIL STAFF REPORT Public Hearing: July 21, 2020 Council Meeting Consideration of a new off-sale liquor license for Klever Miranda Sanchez d/b/a Klever Liquor DATE: July 16, 2020 FROM: City Clerk Chrissy Serres TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of a new off-sale liquor license for Klever Miranda Sanchez d/b/a Klever Liquor Background Klever Miranda Sanchez has entered into a purchase agreement and submitted an application for an off-sale liquor license to do business as Klever Liquor at 5120 56th Ave. N. Application Review The qualifications of the applicant meet Crystal City Code Section 1200 and staff has reviewed the license application. A background check was completed by the Police Department and Chief Revering finds no reason to prohibit issuance of the license. A hearing notice was published in the Sun Post on July 9, 2020. Requested Council Action Staff recommends approval of the new off-sale liquor license for Klever Miranda Sanchez d/b/a Klever Liquor located at 5120 56th Ave. N. Representatives of Klever Liquor will be attending the July 21 council meeting virtually. 6.1 Memorandum DATE: July 21, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: MAC land rights exchange public hearing Summary At the June 2, 2020 Council work session I provided the Council with an update on the storm water drainage at the intersection of 61st Ave and Douglas. At the meeting we discussed the City’s proactive efforts to swap right of way/easements and some Phase 16 background that involved attempts to work on MAC property to improve drainage. Since that meeting, MAC has officially approved the proposed land swap. Since part of the land swap includes vacating public easements and right of way, a public hearing is required. The purpose of the public hearing is to give property owners an opportunity to express concerns about the proposed vacation. At the Public Hearing, the City Council shall hear and consider all comments to the proposed exchange, whether presented orally or in writing. Proposed Land Exchange City land area given MAC: 97,794.80 square feet MAC land area given to City: 9,002 square feet (approximately) Future Work Once the legal descriptions have been finalized for all the changes City staff will come back to the Council for formal action on the easement exchange. Additionally, City staff will work with MAC staff to come to an agreement on the construction of new storm water pipes onto MAC property. There is currently no timeline for this work and nothing allocated in the storm water long term plan. Attachments •Graphics showing proposed land exchange Recommended Action •Hold the Public Hearing on proposed MAC land swap •Motion to approve the Resolution authorizing the land rights exchange with the Metropolitan Airports Commission 6.2 6.2 EXHIBIT E Transfer: M.A.C. to City 6.2 EXHIBIT D City to MAC City to MAC MAC to City 6.2 EXHIBIT F SCOTTTransfer: City to M.A.C. 6.2 RESOLUTION NO. 2020-___ AUTHORIZING THE LAND EXCHANGE WITH THE METROPOLITAN AIRPORTS COMMISSION WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, section 412.851, the City scheduled a public hearing for July 21, 2020 to consider vacating platted drainage and utility easements on and adjacent to property owned by the Metropolitan Airport Commission (“MAC”); and WHEREAS, on July 21, 2020 after notice being provided, the City Council held the public hearing on the proposed vacation during which all interested parties were heard; and WHEREAS, the City has the authority, pursuant to Minnesota Statutes, section 412.851, to vacate public right of way, drainage and utility easements, or any portion thereof if it appears in the interest of the public to do so; and WHEREAS, following the public hearing, the City determined that there is no continuing public need for the right of way, drainage and utility easements and that vacating said easements is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA, that the City staff is hereby authorized to work with MAC staff to prepare the legal descriptions and documents needed to finalize the vacation of the right of way and easements and to identify the easements to be provided to the City from MAC. Once these documents have been prepared, they will be brought back before the Crystal City Council for final approval. Adopted by the Council this 21st day of July 2020. ______________________________ Jim Adams, Mayor ATTEST: ______________________________ Christina Serres, City Clerk 6.2 DATE:July 15, 2020 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Central Roofing Company Community Center skylight/roof repair AFP #1 $118,801.50 Floorcoat Midwest LLC Manhole repair project costs $65,870.00 LOGIS Monthly application support & server hosting, and fiber to JWC lift $43,977.20 West Metro Fire Rescue District June Contribution to West Metro Fire $106,380.00 MN PERA Employee and city required contributions for 6/12/20 pay date $65,937.63 Center for Energy and Environment Home improvement loan program costs $31,576.58 Central Roofing Company Community Center skylight/roof repair AFP #2 $39,600.50 Golden Valley JWC May water costs $167,392.55 LMCIT Workers Compensation insurance premium $99,407.00 Metropolitan Council Environmental ServicesWastewater Service for July $137,128.09 Northdale Construction Company Utility Reconstruction project AFP #1 $109,282.51 Park Construction Company Mill and Overlay project AFP #2 $1,136,606.21 MN PERA Employee and city required contributions for 6/26/20 pay date $59,073.75 Core & Main LP Sensus base station purchase $25,445.00 Keys West Drilling Company JWC pump replacement project AFP #1 $73,340.00 LOGIS Monthly application support & server hosting, and fiber to JWC lift $33,301.00 Tenvoorde Ford Replacement PD vehicles #202 and #203 $66,251.12 West Metro Fire Rescue District July Contribution to West Metro Fire $106,380.00 Wold Architechs and Engineers New public safety building project costs $56,157.84 Waste Management (HRG)May HRG Recycling costs $51,662.65 MN PERA Employee and city required contributions for 7/10/20 pay date $59,454.25 HealthPartners Inc July health insurance premiums $110,937.00 $2,763,962.38 Description 7.1 Memorandum DATE: July 21, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Sub grant agreement with the State of Minnesota Summary Included in the storm water long term plan is the proposed expansion of Brownwood pond in 2022 (construction is tentatively slated for winter 2022 into spring 2023). $750,000 is allocated for this project. The primary goal of the Brownwood expansion project is to increase the storm water storage capacity at Brownwood pond to mitigation potential flooding in the central core of the City. Because the proposed project is intended to reduce property damage, it may be eligible for federal mitigation grant funding. Over the last couple of years, City staff have been working with Division of Homeland Security and Emergency Management in the Minnesota Department of Public Safety to identify potential funding sources and the process needed to secure any such funding. Schedule The potential funding source that has been identified has a two major phases. The first phase is completing a review of the project and determining a cost/benefit calculation is for the project. The work associated with the first phase is eligible for a 25%/75% (local/FEMA) cost share split. Once phase one completed and assuming the cost/benefit is favorable, the second phase would be the actual construction of the project which is also eligible for a 25%/75% (local/FEMA) cost share split. If the Council approves this agreement tonight, that does not yet commit the City to anything. The proposed Council action is actually part of the phase one application package that the City has to submit to the State and then on to FEMA for review. Staff has been told this review process may take months to hear back which is why we are starting the process now. Assuming all the approvals are received and phase one moves forward, the City would then be responsible for 25% of the cost to complete the work needed for the cost/benefit analysis. Based on the work scope we have developed with the consultant on the Central Core storm water project, the estimate cost is around $75,000 with the City being responsible for $18,750 (25%). The funding would come from the storm water utility fund. Recommended Action Motion to approve the Resolution authorizing the sub grant agreement with the State of Minnesota. 7.2 RESOLUTION NO. 2020-___ AUTHORIZING THE SUBGRANT AGREEMENT WITH THE STATE OF MINNESOTA WHEREAS, the Crystal City Council has a long term plan for City capital projects; and WHEREAS, the expansion of Brownwood Pond is currently included in the storm water utility capital improvement plan; and WHEREAS, the primary goal of the expansion of Brownwood Pond is to improve flood water storage and damage mitigation in the central core of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA, that the City of Crystal enter into a sub-grant agreement with the Division of Homeland Security and Emergency Management in the Minnesota Department of Public Safety for the program entitled Hazard Mitigation Assistance Program for Presidential disaster declaration FEMA 4442-DR-MN. BE IT FURTHER RESOLVED THAT the City Manager, Anne Norris, is hereby authorized to execute and sign such sub-grant agreements and any amendments hereto as are necessary to implement the project on behalf of the City of Crystal. Adopted by the Council this 21st day of July 2020. ______________________________ Jim Adams, Mayor ATTEST: ______________________________ Christina Serres, City Clerk 7.2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: July 14, 2020 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: North Lions Park Hockey Rink Dasher Boards and Light Structure System The 2020 capital budget includes funds for improvements at North Lions Park. The improvements include a hockey rink with concrete surface, dasher boards and lights; in addition to minor improvements to the building and site. The budget for the project is: City Capital Funds $ 130,000 Hennepin Youth Sports Grant $ 50,000 Community Development Block Grant $ 57,429 Total $ 237,429 The first items to purchase for this project include a hockey rink lighting system and dasher board system. This request is for the product – not installation. The lighting system will be installed by an electrician and the dasher board system will be installed by city staff. Both of these items can be purchased at a reduced rate through the Sourcewell Cooperative Purchasing Program. A condition of the Community Development Block Grant is to have an environmental review and other related items fully completed prior to ordering these items. Since dasher board and lighting systems have relatively long lead times, city council approval is being sought now so these products can be ordered as soon as the grant allows. Staff recommends approval of the attached resolutions, to enter into the following agreements: •Musco Sports Lighting, LLC in the amount of $40,065 for a hockey rink lighting system; •Becker Arena Products in the amount of $30,795.68 for a hockey dasher board system. 7.3 CITY OF CRYSTAL RESOLUTION 2020 - RESOLUTION IN SUPPORT OF PURCHASING A HOCKEY RINK LIGHTING SYSTEM FOR NORTH LIONS PARK WHEREAS, the City of Crystal owns and operates North Lions Park, and WHEREAS, the 2020 capital budget includes funds to build a new hockey rink and make related improvements in North Lions Park, and WHEREAS, additional funding for this project is being provided through a Hennepin County Youth Sports Grant and a Community Development Block Grant (CDBG), and WHEREAS, a hockey rink lighting system can be purchased at a reduced rate from Musco Sports Lighting, LLC through the Sourcewell Cooperative Purchasing Program, and WHEREAS, the purchase of a hockey rink lighting system is contingent upon completion of the executed CDBG Subrecipient Agreement, Environmental Review and other required items or processes, and THEREFORE, BE IT RESOLVED: A. That the Crystal City Council authorizes an agreement with Musco Sports Lighting, LLC in the amount of $40,065, to purchase a hockey rink lighting system for North Lions Park. B. That the Crystal City Council further authorizes the City Manager to sign the agreements with Musco Sports Lighting, LLC for this project. C. That these authorizations are contingent upon completion of the executed CDBG Subrecipient Agreement, Environmental Review and other required items or processes before a purchase contract with Musco Sports Lighting, LLC is executed. Adopted by the Crystal City Council this 21st day of July, 2020. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 7.3 CITY OF CRYSTAL RESOLUTION 2020 - RESOLUTION IN SUPPORT OF PURCHASING A HOCKEY DASHER BOARD SYSTEM FOR NORTH LIONS PARK WHEREAS, the City of Crystal owns and operates North Lions Park, and WHEREAS, the 2020 capital budget includes funds to build a new hockey rink and make related improvements in North Lions Park, and WHEREAS, additional funding for this project is being provided through a Hennepin County Youth Sports Grant and a Community Development Block Grant (CDBG), and WHEREAS, a hockey dasher board system can be purchased at a reduced rate from Becker Arena Products through the Sourcewell Cooperative Purchasing Program, and WHEREAS, the purchase of a dasher board system is contingent upon final completion of the executed CDBG Subrecipient Agreement, Environmental Review and other required items or processes, and THEREFORE, BE IT RESOLVED: A. That the Crystal City Council authorizes an agreement with Becker Arena Products, in the amount of $30,795.68, to purchase a hockey dasher board system for North Lions Park. B. That the Crystal City Council further authorizes the City Manager to sign the agreements with Becker Arena Products for this project. C. That these authorizations are contingent upon completion of the executed CDBG Subrecipient Agreement, Environmental Review and other required items or processes before a purchase contract with Becker Arena Products is executed. Adopted by the Crystal City Council this 21st day of July, 2020. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 7.3 ©2016, 2020 Musco Sports Lighting, LLC - 1 - M-2168- enUS-8 Quote Quote Crystal North Lions Park Hockey and Skate Ref. 198019 Crystal, MN March 17, 2020 Sourcewell Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell purchase – contract number: 071619-MSL Quotation Price – Materials Only Delivered to Job Site Hockey / Skate Area – (200’ x 95’) .................................................................. $ 40,065.00 Sales tax, bonding, labor, and unloading of the equipment are not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light-Structure System with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance • Guaranteed light levels of 30FC and uniformity of 3.0:1 System Description • (2) Pre-cast concrete bases with integrated lightning grounding • (2) Galvanized steel poles • Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses • Factory wired poletop luminaire assemblies • Factory aimed and assembled luminaires • UL Listed assemblies Operation and Warranty Services • Reduction of energy and maintenance costs by 40% to 85% over typical 1500W metal halide equipment • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Payment Terms Musco’s Credit Department will provide payment terms. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Attn: Amanda Hudnut Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: Sourcewell purchase – contract number: 071619-MSL 7.3 ©2016, 2020 Musco Sports Lighting, LLC - 2 - M-2168- enUS-8 Quote Quote Delivery Timing 6 - 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Notes Quote is based on: • Shipment of entire project together to one location. • Structural code and wind speed = 2015 IBC, 115 mi/h, Exposure C, Importance Factor 1.0. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • Standard soil conditions – rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost. • Confirmation of pole locations prior to production. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Scott Peitz Sales Representative Musco Sports Lighting, LLC Phone: 612-368-9286 E-mail: Scott.Peitz@musco.com 7.3 Confidential: This document contains proprietary and confidential information that is owned and is of significant value to B ecker Arena Products, Inc. No unauthorized use, disclosure or reproduction of any of this information is permitted without the prior written consent of Becker Arena Products, Inc. Becker Arena Products, Inc. | 720 Innovation Drive, Shakopee, MN 55379 | Toll Free (800) 234-5522 | www.beckerarena.com Customer #: CRY002 Quotation #: 10006522 Revision #: 2 Date: January 9, 2020 Proposal Expiration Date: March 9, 2020 Your Sales Consultant: Dan Mehren Prepared For: Project Location: Mr. Brad Fortin Crystal MN 4141 Douglas Dr. North Crystal MN 55422 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products • A stable and reliable company since 1988 • A staff with in-depth knowledge of the industry and products • Quality products that last • Experienced and professional installers • Excellent customer service • Worry Free Projects - Guaranteed This system is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #030117 – BAP The National Joint Powers Alliance (NJPA) is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-class NJPA awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #030117-BAP when ordering. You must be a member and contracting authority. Ask your sales person for a copy of the NJPA Contract Purchasing information booklet or go to www.sourcewell.org for more information. 7.3 2 Proposal Details Per our recent discussions, below please find the budgetary pricing for the following dasher board systems. BAP4.0 DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP4.0 Outdoor hockey dasher board system. The pricing is based on the information furnished and will include the following items and features. DASHER MATERIALS Rink size 200’x85’x28’ radius 522 lineal feet of 48” high galvanized steel frame components only [Ring only] Vertical dasher supports to be anchored directly to concrete pad. Min 5/8” dia drilled in epoxy anchors 8’ high 2” schedule 40 galvanized pipe dasher board supports for the ends and radius corners of rink and the chain link fence One (1) frame only for a 12'-0" straight “Lift Out” gate system (planks) One (1) 36” straight access gates – gate latches and hinges All steel framing components hot dip galvanized after fabrication 2 x 10 x 10’ long treated lumber for the sides and straight ends 2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically) Dasher panels are assembled on site Includes all hardware required for installation CHAIN LINK FENCING Support posts for 4’ high fence fabric detailed above 242 lineal feet (121 lineal feet on each end and two adjacent radius corners) of 4’ high x 9- gauge galvanized chain link fabric with two horizontal support rails and all hardware for a complete installation Four (4) each shield termination pads DELIVERY Freight to Crystal, Minnesota. Customer is responsible for unloading all materials INSTALLATION Not included. PRICE $ 32,416.50 Sourcewell Discount 5% [$ 1,620.83] Total Price Accept ______ $ 30,795.68 7.3 3 Proposal Details Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or receipt of final construction drawings and specifications. If sales tax is applicable it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. Our Standard Payment terms are: 45% due upon placement of order ($______________) 45% due 10 days prior to delivery ($______________) 10% due upon delivery ($______________) The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please do not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This proposal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retains a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # 10006522 rev 2 is accepted with initialed options: _________________________________ _____________________________ Purchaser Signature Becker Arena Products, Inc. ____________________________________ ______________________________ Title Title ____________________________________ ______________________________ Print Name Print Name ____________________________________ ______________________________ Today’s Date Today’s Date __030117-BAP____________________ Sourcewell Member Number Sourcewell Contract Number 7.3 4 Proposal Details Becker Arena Products, Inc. STANDARD TERMS AND CONDITIONS 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, as applied to contracts executed in and performed wholly within the State of Minnesota. 2. Delays. Becker Arena Products, Inc. (Seller) will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of the goods, or for any damages suffered by the Purchaser by reason of such delay, including liquidated or actual damages. 3. Arbitration. Any and all controversies or claims arising out of or relating to this contract or the performance or breach thereof shall be settled by arbitration in Minneapolis, Minnesota in accordance with the then existing rules and procedure of the American Arbitration Association. 4. Mechanic's Lien or Bond Rights. Nothing herein shall be deemed to waive or affect Seller's right to assert a mechanic's lien against the property on which the goods are installed or to make a claim against any bond. Purchaser agrees to provide any and all information requested by Seller, within three (3) calendar days, to allow Seller to preserve or effectuate its mechanic's lien or bond rights. 5. Change Orders. A change order will be required for any additional work to be performed or materials to be supplied by the Seller, which is not included in the contract or is a result of the Purchaser's failure to comply with the terms and conditions as described herein. A change order must be filled out by the Seller and signed by the Purchaser before any work commences or material is ordered and/or shipped. 6. Production Schedule, Installation Schedule, and Storage. When Seller has received and accepted the contract along with signed approval drawings and credit approval, they will have up to 16 weeks to produce and deliver the materials provided that there are no custom materials needed. Custom materials will include non-standard colors and/or materials. The Purchaser will be contacted after the receipt of the required information to coordinate a shipping date and an installation date(s). These dates will serve as the contract delivery date and will be used to schedule production, delivery, and installation. The Owner/Purchaser will be contacted 21 days prior to shipping to confirm that the site will be ready. If the Purchaser's site is not ready or will not be ready on this date, the following may occur: Dasher Board Systems A. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedule, it will be stored at Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week. All payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship date, no storage fees will apply and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and not the adjusted ship date. 7.3 5 Proposal Details B. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purchaser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay may cause additional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. C. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Purchaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 7. General Site Requirements. The following criteria must be met or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: A. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or refrigeration contractors requirements, before the date installation is scheduled to begin. B. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for every 10' in length and no more than 1/4” difference in height over the length and width of the perimeter surface. C. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final graded prior to dasher board installation. D. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness from end to end and side to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension for the frame to cover it. E. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightness and size, the following will occur: 1. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Purchaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 2. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are the sole responsibility of the Purchaser. 3. The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perimeter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 7.3 6 Proposal Details 8. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 9. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (including general contractors and architects) must be available for a final walk through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is covered by the Seller's Warranty. 10. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the signed contract has been delivered to Seller. Production will not commence until Seller receives approved shop drawings. Field measured, tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchaser. 11. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufacturer's tolerance. Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. During manufacturing, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the material due to temperature change in the field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it adheres to these manufacturing requirements. 12. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quantities and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item in a box. The Purchaser must count anything that is not boxed. 7.3 North Lions Park Proposed Hockey Rink 7.3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: July 15, 2020 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Fair School Park Playground Purchase and Installation The 2020 capital budget includes funding for a new playground at Fair School Park. The improvements are a joint project between the City of Crystal and Robbinsdale Area School District; with each budgeting $125,000 for the project. The city will handle the construction contract for the playground, with the school district reimbursing their amount afterward. Staff also applied for a Hennepin Youth Sports Playground Grant of $25,000 last spring to supplement the project; however, due to COVID-19 the grant program may not be funded. To keep this project moving forward, the project that included the grant has been scaled back to eliminate site furnishings; and now includes just the playground and access sidewalk. Since the playground design was developed with public input, staff from each agency recommend splitting the remaining costs to build the playground as planned - instead of modifying the design: Initial City Budget (for playground) $ 125,000 Initial School District Budget (for playground) $ 125,000 Additional City Funds (for playground) $ 5,799 Total $ 255,799 Additional School District Funds (rough estimate for sidewalk) $ 4,500 The playground design was developed by Landscape Structures, Inc. and has included Park and Recreation Commission review; with public meetings being held at Fair School on June 5, 2019 and March 2, 2020. The playground can be purchased under state contract #119795. The $5,798.96 beyond the original $250,000 budget will come from project savings at Becker Park. The school district will be responsible for access sidewalk costs. Staff recommends approval of the attached resolution to enter into an agreement with Landscape Structures, Inc., in the amount of $255,798.96, for the purchase and installation of a playground at Fair School Park. This is the same company that built the playground at Becker Park. 7.4 CITY OF CRYSTAL RESOLUTION 2020 - RESOLUTION IN SUPPORT OF PURCHASING A PLAYGROUND FOR FAIR SCHOOL PARK WHEREAS, the City of Crystal cooperatively ope rates Fair School Park with the Robbinsdale Area School District, and WHEREAS, the playground at Fair School Park was built in 1999 and is in poor condition, and WHEREAS, plans for an improved Fair School Park include a new playground located closer to the school, and WHEREAS, the City of Crystal and Robbinsdale Area School District each include funds for a new playground at Fair School Park in their capital budgets, and WHEREAS, designs for a new playground have been reviewed by the public and the Park and Recreation commission, and WHEREAS, the city will take the lead in having the playground purchased and installed with the school district reimbursing $125,000 after completion, and WHEREAS, the structures can be purchased directly from Landscape Structures, Inc. under state contract #119795; THEREFORE, BE IT RESOLVED: A.That the Crystal City Council wishes to enter into an agreement with Landscape Structures, Inc., in the amount of $255,798.96, to furnish and install a playground at Fair School Park. B.That the Crystal City Council hereby authorizes the City Manager to sign the agreements with Landscape Structures, Inc. for this project. Adopted by the Crystal City Council this 21st day of July, 2020. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 7.4 1 PLAYGROUND EQUIPMENT AND INSTALLATION AGREEMENT THIS PLAYGROUND EQUIPMENT AND INSTALLATION AGREEMENT (“Agreement”) is made and entered into this 21st day of July, 2020, by and between the City of Crystal , a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal , Minnesota 55422 (“City”), and Landscape Structures Inc., a Minnesota business corporation, located at 601 7th Street South, Delano, MN 55328 (“Contractor”). TERMS AND CONDITIONS 1. Scope of Work. a. The Contractor, for and in consideration of the payment or payments herein specified and to be made by the City, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary in the installation of certain playground equipment (hereinafter the “Project”), all in strict conformity with the Contractor’s quote and scope of work contained in the attached Exhibit A and the equipment detail contained in the attached Exhibit B (all work, materials and equipment set forth in this paragraph and contained in Exhibits A and B are hereinafter collectively referred to as the “Specifications”). Said Specifications are hereby fully incorporated as part of this Agreement. b. The Contractor also agrees that all work and labor shall be done in the best and most diligent manner and that all materials and labor shall be in entire and strict conformity in every respect with the said Specifications and shall be subject to the inspection and approval by the proper authorities of the City for the supervision of the work, and in case any of said material or labor shall be rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Contractor. c. The Contractor further agrees to make good, replace, and renew at the Contractor’s own cost and expense any loss or damage to the work and Project occurring during the installation or prior to the final acceptance thereof by the City, by reason of fire, tornado, theft, or any cause whatsoever, and to be wholly responsible for the installation, completion and delivery of the Project in its entirety for the final acceptance by the City; and any payment or payments made to the Contractor hereunder, shall not be construed as operating to relieve the Contractor from responsibility for the construction and delivery of the Project as provided and agreed through this Agreement. 2. Schedule; Liquidated Damages. a. The Contractor agrees to commence the work at the earliest practicable date and to prosecute the same diligently and without delay and to have the work entirely completed in every respect to the satisfaction and approval of the City on or before October 31, 2020. In case of the failure on the part of the Contractor, for any reason except with the written consent of the council of the City, to complete the work on or before said date, the City shall have the right to deduct from any money due or which may become due to the Contractor, the amount of 7.4 2 two hundred dollars ($200.00) per day for each and every day elapsing between the time stipulated for the completion and the actual date of completion, in accordance with the terms thereof; or if no moneys shall be due the Contractor, the City shall have the right to recover such sum; such deduction to be made or such sum to be recovered not as a penalty, but as liquidated damages. The Contractor agrees that it will be difficult for the City to determine the amount of all damages that the City would incur as a result of delay and that the liquidated damages set forth in this paragraph are reasonable. b. The Contractor agrees to notify the City in writing of any and all causes of delay of such work or any part thereof, within 24 hours after such cause of delay shall arise, and in case of the failure of the Contractor to perform this Agreement and complete the work at the time hereinafter specified, the City may immediately, or at any time thereafter, proceed to complete the work at the cost and expense of the Contractor. Upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work, including without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public authorities, or delays or defaults caused by public carriers, the City shall reasonably extend the date previously specified for the completion of the work and in such case the Contractor shall only become liable for such liquidated damages for failure to perform during any delay after the time is so extended. 3. Compensation. a. The City agrees to pay the Contractor the sum mentioned in the Contractor’s quote, which is attached hereto as Exhibit A. If the Contractor properly performs the work, the City shall, from month to month before completion of the work and pursuant to invoices from the Contractor, pay the Contractor up to 95 percent of the amount already earned under the Agreement. When the work is 95 percent or more completed, upon the sole determination of City staff, such portions of the retained price shall be released only as the City determines it need not be retained to protect the interest of the City in the satisfactory completion of the Agreement. The balance shall be retained by the City until the final performance and completion of this Agreement by the Contractor to the satisfaction, approval, and acceptance of the City including provision by the Contractor of Minn. Dept. of Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with applicable state laws. b. No claim for extra work done or materials furnished by the Contractor will be made by the Contractor or allowed by the City, nor shall the Contractor do any work or furnish any materials not covered by the Specifications, unless such work or materials is ordered in writing by the City. Any such work or materials which may be done or furnished by the Contractor without such written order first being given, shall be at the Contractor's own risk and expense. 4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for the performance of any work under this Agreement or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion, discriminate against any person or persons who are qualified and available to perform the work to which such employment relates; that neither the Contractor nor any subcontractor, 7.4 3 material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent the employment of any such person or persons from the performance of work under this Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 5. Insurance. The Contractor shall maintain commercial general liability coverage for all work covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for combined bodily injury and property damage, and $2,000,000 in the general aggregate, and commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence for combined bodily injury and property damage covering owned, non-owned, and hired automobiles. The Contractor shall provide the City with a current certificate of insurance listing the City as an additional insured with respect to the aforementioned policies. To meet the requirements herein, the Contractor may use a combination of excess and umbrella coverage. The Contractor also agrees to keep in force during the entire term of this Agreement statutory workers’ compensation insurance. 6. Bonds. The Contractor agrees to make, execute and deliver to the City separate performance and payment bonds executed by a surety company authorized to do business in the state of Minnesota in the sum of no less than $255,798.96 for the use of the City and of all persons doing work or furnishing skill, tools, machinery, materials, or insurance premiums under or for the purpose of this Agreement, to secure the faithful performance of this Agreement by the Contractor and to be conditioned as required by Minn. Stat. § 574.26, et. seq. All bonds shall be furnished by the Contractor in a form and with a surety satisfactory to the City attorney. 7. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from and indemnified against any and all loss, costs, fines, charges, damage and expenses, including, without limitation, reasonable attorneys’ fees, consultants’ and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) only to the extent caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including, without limitation, any claims for any lien imposed by law for services, labor or materials, or (iii) by reason of the execution of this Agreement or the performance of this Agreement. The Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. The Contractor further agrees to indemnify the City and hold it harmless from and against any and all claims, suits, and actions against, and all loss, damage, costs, or expense to the City occasioned by or arising from any infringement or claim of infringement of any letters patent, or patent rights upon or covering any patented article or articles furnished or installed by the Contractor under this Agreement for the City, of from or by reason of the use by the City of any patented article or articles furnished or installed by the Contractor for the City under this Agreement. The indemnity contained in this paragraph shall be continuing and shall survive the performance or 7.4 4 cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation of or waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466, or otherwise. 8. Independent Contractor. The Contractor and its employees are not employees of the City. Nothing in the Agreement is intended or should be construed in any manner as creating or establishing the relationship as employer/employee, co-partners, or a joint venture between the City and the Contractor. It is agreed that the Contractor and its employees will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City. The manner in which the Project is to be performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the City. 9. Termination. The City may terminate this Agreement upon 30 days’ written notice, except that if the Contractor is in default and fails to cure the default within ten days following written notice by the City, the City has the right to terminate this Agreement immediately upon written notice of termination. The Contractor will be paid for services properly rendered and equipment property installed prior to the effective date of termination. The following provisions of this Agreement shall survive expiration, termination, or cancellation of this Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit. 10. Amendments. Any amendment to this Agreement must be in writing and signed by both parties. 11. Assignment. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective without the prior written consent of the City. 12. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 13. No Personal Liability. No officer, agent or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 14. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed in the preamble to this Agreement, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. 15. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any act by the City or the Contractor shall be deemed or construed by the Contractor or by any 7.4 5 third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Contractor. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Compliance with Laws. The Contractor warrants that all work performed pursuant to this Agreement shall be in compliance with all federal, state and local laws, ordinances, regulations, rules, and standards. 19. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Contractor, and supersedes any other written or oral agreements between and City and Contractor. 20. Severability. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 21. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 22. Data Practices. Any and all data created, collected, received, stored, used, maintained, or disseminated by the parties pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 23. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota Legislative Auditor, or any of their duly authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are relevant and involve transactions relating to this Agreement for six years following termination of this Agreement. 7.4 6 IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY: CONTRACTOR: By: _____________________________ By: ___________________________ Jim Adams Its: Mayor By: ______________________________ Its: ___________________________ Anne Norris Its: City Manager 7.4 Date Expires Quote: Contact: Phone: Email: Ship To:Please Make PO's & Contracts Out To: The FAIR School 3915 Adair Ave N Crystal, MN 55422 Bill To:Please Remit Payment To: QTY ITEM #UNIT PRICE EXT. PRICE 1 $113,589.00 1 8.00%($9,087.12) 1 $20,891.80 1 $500.00 1 $525.00 367 $14,826.80 216 Class V or Recycled Concrete (PIP base), Installation & Compaction $16,388.44 367 $5,096.71 5,556 $87,993.67 50 $694.38 1 $3,780.28 Subtotal $255,198.96 Freight $600.00 Sales Tax Tax Exempt Cert Total $255,798.96 7/13/2020 8/27/2020 City of Crystal - Parks & Recreation John Elholm - Parks & Recreation Director 763-531-1150 John.Elholm@crystalmn.gov Description Design - Fair School_NetPlex State Contract Discount Landscape Structures 601 7th St. S Delano, MN 55328 City of Crystal - Parks & Recreation Landscape Structures 4800 Douglas Dr. N 601 7th St. S Crystal, MN 55422 Delano, MN 55328 We are pleased to submit this proposal to supply the following products/services: Installation by Landscape Structures Certified Installers Mobilization Dumpster (disposal of packaging material & construction debris) Impact Attenuating Surfacing Drain Tile - 4" Corrugated Pipe w/ Sock Site Security (8'x8' chain link panels and/or security guard) Payment & Performance Bond Concrete Border - 6"W x 12"D (LF) Poured In Place or Turf (Sq. Ft.) *Site preparation (excavation & grading) - City of Crystal Page 1 of 2 Quotes from Flagship Recreatoin, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc. Minnesota State Contract #119795 *Terms: Net 30 days; 1.5% finance charge on balances over 30 days Exhibit A 7.4 Terms & Conditions - Bonding of Any Type Please note, quotes including installation are based on site access and site conditions that have been conveyed to Landscape Structures by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Email: Purchase Amount: Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supercedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. Project Scope (This Section For Quotes Including Installation) Inclusions: - One Mobilization unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2020. Contracts completed after this date are subject to price change. Responsibility: Landscape Structures shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. - Placing, Digging or Surface Mounting Equipment (as specificed) - Concrete for Play Equipment Footings - Standard Insurance Offer (Detail Provided Upon Request) - Standard Warranty Offer (Detail Provided Upon Request) - Public Utility Locates - Unpacking of Play Equipment - Assembly of Play Equipment - Border for Play Space - Accepting & Unloading of Order Prior to Installation - Storage or Security of Equipment - Private Utility Locates (irrigation, low voltage, lighting, etc.) - Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. - Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) - Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) - Standard Wage Rates Exclusions (Unless Specifically Quoted): Page 2 of 2 Signature:John.Elholm@crystalmn.gov Title:Phone: Date: $255,798.96 - Permits of Any Kind Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acceptance of Quotation: John Elholm - Parks & Recreation PO#:Accepted By (Print) - Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space - Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster - Removal of Existing Play Equipment, Border or Safety Surfacing Material - Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. 7.4 QTY NO DESCRIPTION PRICE EXT PRICE 1 147424A Clatterbridge 84 w/Barriers 5,146.00$ 5,146.00$ 1 184490A Swiggle Stix Bridge w/Handloop Attached to Deck DB 5,989.00$ 5,989.00$ 1 193173C TightRope Bridge w/o Deck Connections 1,571.00$ 1,571.00$ 1 123293A Cozy Climber Perm Handholds 40"Dk DB 2,288.00$ 2,288.00$ 1 143198A Corner Climber 72"Dk DB 3,793.00$ 3,793.00$ 1 148039A Star Seeker DB Only Attached to Square Deck 3,454.00$ 3,454.00$ 1 152907B Deck Link w/Barriers Steel end panels 2 Steps 1,924.00$ 1,924.00$ 1 152907C Deck Link w/Barriers Steel end panels 3 Steps 2,515.00$ 2,515.00$ 4 111228A Square Tenderdeck 965.00$ 3,860.00$ 1 185852A Transfer Step w/2 Handloops DB 944.00$ 944.00$ 1 217911A DigiFuse Periscope Panel Above Deck 2,192.00$ 2,192.00$ 1 218172A DigiFuse Barrier Panel w/Medallions Above Deck 1,803.00$ 1,803.00$ 1 193168A Netplex 7-Post No Roof Steel Posts and DB Only 6,252.00$ 6,252.00$ 1 194659A Disc Net Climber for 7-Post Mainstructure 21,129.00$ 21,129.00$ 1 120901A Grab Bar 182.00$ 182.00$ 1 201545A Blender Spinner DB 2,348.00$ 2,348.00$ 4 111404M 148"Steel Post DB 333.00$ 1,332.00$ 1 111404H 92"Alum Post DB 268.00$ 268.00$ 2 111404G 100"Alum Post DB 278.00$ 556.00$ 1 111404F 108"Alum Post DB 283.00$ 283.00$ 2 111404E 116"Alum Post DB 288.00$ 576.00$ 2 111404D 124"Alum Post DB 333.00$ 666.00$ 1 111404C 132"Alum Post DB 348.00$ 348.00$ 3 111404A 148"Alum Post DB 369.00$ 1,107.00$ 1 154883A 265"Steel Post (60" Bury) For CoolTopper Single Post Pyramid Roof 929.00$ 929.00$ 1 154884A CoolToppers Single Post Pyramid Roof DB Only 3,111.00$ 3,111.00$ 1 130390A Double Swoosh Slide 72"Dk DB 2,222.00$ 2,222.00$ 1 222708A WhooshWinder Slide 72"Dk DB 4,762.00$ 4,762.00$ 1 173592A Oodle Swing DB Only 5,161.00$ 5,161.00$ 6 174018A Belt Seat ProGuard Chains for 8' Beam Height 121.00$ 726.00$ 1 176038G Full Bucket Seat ProGuard Chains for Toddler Swing 323.00$ 323.00$ 1 221292A 5" Arch Swing Frame 8' Beam Height Only 2,697.00$ 2,697.00$ 3 221293A 5" Arch Swing Frame Additional Bay 8' Beam Height Only 1,646.00$ 4,938.00$ 1 177337A Toddler Swing Add-On Beam 470.00$ 470.00$ 2 177351A Molded Bucket Seat (5-12 yrs) w/Harness ProGuard Chains for 8' Beam Height 808.00$ 1,616.00$ 1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury -$ -$ 5-12 EQUIPMENT PRICE 97,481.00$ QTY NO DESCRIPTION PRICE EXT PRICE 1 111364A Loop Ladder 48"Dk DB 879.00$ 879.00$ 1 153021A Deck Link 1 Step 1,040.00$ 1,040.00$ 1 181114A Wiggle Ladder 32"Dk DB 651.00$ 651.00$ 2 111237A Square Tenderdeck 732.00$ 1,464.00$ 1 153020A Curved Transfer Module 32"Dk Left DB 2,030.00$ 2,030.00$ 1 117946A Wire Barrier Above Deck 460.00$ 460.00$ 1 127685A Image Panel - 176 Block Above Deck 1,202.00$ 1,202.00$ 1 139272A Chinning Bar 99.00$ 99.00$ 1 111397F 82"Post DB 258.00$ 258.00$ 2 111397D 98"Post DB 273.00$ 546.00$ 2 111397C 106"Post DB 278.00$ 556.00$ 2 111397B 114"Post DB 283.00$ 566.00$ 2 111397A 128"Post DB 333.00$ 666.00$ 1 132117C SlideWinder2 48"Dk DB 2 Right 2,459.00$ 2,459.00$ 1 148637A Seesaw 4-Seats DB 3,232.00$ 3,232.00$ 1 182503A Welcome Sign (LSI Provided) Ages 2-5 years Direct Bury -$ -$ 2-5 EQUIPMENT PRICE 16,108.00$ TOTAL EQUIPMENT PRICE 113,589.00$ 2-5 EQUIPMENT 5-12 EQUIPMENT THE FAIR SCHOOL - NETPLEX DESIGN 2020 STATE CONTRACT PRICING Exhibit B 7.4 7.4 7.4 FAIR SCHOOL PARK Proposed Playground Location 7.4 UDC AMENDMENTS PAGE 1 OF 4 ___________________________________________________________________________ FROM: Dan Olson, City Planner TO: Anne Norris, City Manager (for July 21 meeting) DATE: July 16, 2020 RE: Consider second reading of an ordinance amending the Unified Development Code and adoption of a resolution approving summary language of the ordinance for publication __________________________________________________________________________ A.BACKGROUND Staff is proposing miscellaneous amendments to the unif ied development code (UDC). The proposed amendments are corrections or clarifications, with the exception of two policy questions: Minimum lot size. Reduce the minimum lot area requirement for two-family dwellings from 12,000 sq. ft. to 10,000 sq. ft. Per-unit requirements. Eliminate the per-unit requirements from the minimum lot size requirements. The per-unit requirements are effectively a density standard that is not necessary because density is limited elsewhere in the UDC. At the July 21, 2020 City Council meeting the Council is being asked to give a second reading to the ordinance amendments for the UDC and to approve a resolution for a summary publication of this ordinance. The first reading of the ordinance by the Council took place on June 16, 2020. Attachments: A.Ordinance amending the UDC B.Resolution approving summary ordinance B.PROPOSED AMENDMENTS Lot area requirements. 1.Reduce the minimum lot area for two-family homes from 12,000 to 10,000 sq. ft.: The current 12,000 sq. ft. minimum is t he same as two single family lots (2 x 6,000 = 12,000). COUNCIL STAFF REPORT Miscellaneous UDC amendments 7.5 UDC AMENDMENTS PAGE 2 OF 4  The policy rationale is that a two-family dwelling does not need as much lot area as two separate single family lots, because two attached units do not have side yards between them like two single family homes on separate lots.  This change would provide an opportunity for more property owners to respond to market demand for additional housing units while still preserving the overall character of neighborhoods in the R-1 district. The effect of this change would increase the approximate share of R-1 parcels eligible for a two-family dwelling from 10% to 15%. Requirement Crystal Golden Valley Robbinsdale New Hope Brooklyn Center Minimum Lot Area for Two-Family Dwellings in R-1 12,000 SF 10,000 SF Two-family not allowed in R-1 Two-family not allowed in R-1 Two-family not allowed in R-1 Two-family not allowed in R-1 Minimum Lot Area for Two-Family Dwellings in R-2 12,000 SF 10,000 SF 10,000 SF 7,500 SF 12,000 SF(two stacked units) 10,000 SF (two units side by side) 12,400 SF Minimum Lot Area for Two-Family Dwellings in R-3 12,000 SF 10,000 SF 15,000 SF 7,500 SF 10,000 SF (two units side by side) Two-family not allowed in R-3 2. Remove the per-unit requirements from the minimum lot area requirement and reduce the minimum lot size.  The current per-unit minimum lot size requirements act as a density requirement even though density is regulated elsewhere in the UDC.  The policy rationale is to remove this conflicting density requirement from a place it doesn’t belong (the lot size requirement) and bring the UDC into conformance with the density limits in the Comprehensive Plan.  The effect of this change would be to eliminate a conflicting density limit that will typically be stricter than the density limit elsewhere in the UDC. For example, the vacant site at 3401 -3415 Douglas could have up to 16 units based on the density limit in the code but only 10 units based on the per-unit requirement for the minimum lot size. The higher density (16) is consistent with the city’s Comprehensive Plan; the lower density (10) is not. Requirement Crystal Golden Valley Robbinsdale New Hope Brooklyn Center Minimum Lot Area for Other Residential Uses in R-2 3,000 SF per unit (minimum 10,000 SF) Other residential uses not allowed 4,200 SF per townhome unit 15,000 SF Range of 1,400 SF- 5,400 SF per unit Minimum Lot Area for Other Residential Uses in R-3 1,200 SF per unit (minimum 20,000 SF) 10,000 SF 15-20,000 SF 500-1,500 SF per apt unit, 4,200 SF per townhome unit 15,000 SF Range of 1,400 SF- 5,400 SF per unit 7.5 UDC AMENDMENTS PAGE 3 OF 4 Other UDC amendments 1. Final plat recording. Language has been added to clarify when a final plat is to be recorded for both lot consolidation and subdivision applications. 2. Density requirements in TC and TC-PD overlay district. The effective maximum density is 80 units per acre in the TC district and 64 units per acre in the TC-PD district. The text has been simplified to eliminate unnecessary and duplicative language regarding height limits which are regulated elsewhere in the code. 3. Use standards for specialized care facilities. The current requirement limits this use to arterial, collector and state-aid streets. The UDC was previously amended to regulate this use by the number of occupants of the facility rathe r than its location. This amendment is to clarify that the use does not have to be located on a specific type of street. 4. Telecommunication ordinance (cell towers). Staff proposes re-organizing the requirements to make them easier to understand. The most significant changes are to replace minimum lot size requirements with separation distance requirements, based on comments received at the public hearing for the new Verizon tower at 3200 Vera Cruz. Staff also proposes removing exceptions for placing a tower in the front or corner side yard of a property. Changing this requirement is consistent with best practices in the industry. If a particular site has unique characteristics or challenges that require a tower between the building and a public street, the n the variance process is an available remedy. 5. Encroachment table. This amendment is to delete deck setback requirements inadvertently placed in the encroachment table. 6. Height of detached accessory dwelling units (ADU). Currently a detached ADU cannot exceed 20’ or the height of the home, whichever is less. The amendment would increase the numerical limit to 22’ and eliminate the limit based on the height of the principal building. This is necessary for two story ADUs, including ADUs located on the second floor of a detached garage, due to the practical realities of the building code and structural elements such as floor truss thickness and insulation requirements. This height limit would be consistent with other cities that allow two story ADUs. 7. Number of parking spaces for preschools. Currently there is no specific parking requirement for preschools. Staff proposes that preschools have the same required number of parking spaces as elementary and middle schools. 8. Stormwater plan. This amendment corrects an internal inconsistency in the stormwater management regulations as to when a stormwater plan is to be submitted. 7.5 UDC AMENDMENTS PAGE 4 OF 4 C. REQUESTED ACTION At the June 8, 2020 Planning Commission meeting the Commission held the public hearing and then recommended approval of the UDC amendme nts by a vote of 5 to 3 (one Commission member was absent), with those voting no indicating they were opposed to additional density in the residential districts. No one from the public submitted comments on the amendments . The following is the proposed schedule for adopting a new ordinance: July 30 Summary of ordinance published August 29 Effective date of ordinance City Council actions requested: 1. Second reading and adoption of the ordinance in attachment A 2. Adoption of the resolution in attachment B summary publication 7.5 1 CITY OF CRYSTAL ORDINANCE #2020-____ AN ORDINANCE REVISING CHAPTER V OF THE CRYSTAL CITY CODE RELATED TO THE UNIFIED DEVELOPMENT CODE (UDC) The City of Crystal ordains: ARTICLE I. Chapter V, Section 505, Subdivision 103 of the Crystal city code is hereby amended by adding the double underlined material as follows: Subd. 103. Lot width. “Lot width” means the horizontal distance between side lot lines. In the case of irregularly shaped lots located on a cul-de-sac or curved street, or corner lots that are neither a square, rectangle, or parallelogram, lot width shall be measured at the required front and rear setback lines. ARTICLE II. Chapter V, Subsection 510.23 of the Crystal city code is hereby amended by adding the double underlined material as Subdivision 4 as follows: Subd. 4. Effect of the city council’s decision. Except for minor corrections, no changes, erasures, modifications or revisions shall be made to any final plat after approval has been given by the city council and endorsed by the mayor and city clerk in writing on the plat. Within six months of approval of the final plat by the City Council the applicant shall submit the plat for recording to the county recorder. If the plat is not submitted to the county recorder within six months, the city council’s approval of the final plat shall be automatically revoked. ARTICLE III. Chapter V, Subsection 510.25, Subdivision 4(c) of the Crystal city code is hereby amended by deleting the stricken material and adding the double underlined material as follows: (c)Effect of the city council’s decision. If the final plat is approved and signed by the mayor and city clerk, the applicant shall record the final plat within six months with the county recorder. Except for minor corrections, No no changes, erasures, modifications or revisions shall be made to any final plat after approval has been given by the city council and endorsed by the mayor and city clerk in writing on the plat. Within six months of approval of the final plat by the city council the applicant shall submit the plat to the county recorder for recording. If the plat is not recorded with submitted to the county recorder within six months, the city council’s approval of the final plat shall be automatically revoked. ARTICLE IV. Chapter V, Subsection 515.05, Subdivision 5(d) of the Crystal city code is hereby amended by deleting the stricken material as follows: (d) Densities. Residential densities are as shown in Table 7 of the Crystal city code, section 520.03. An applicant may exceed these densities by up to 60 percent if the building height requirements of this section are met. Attachment A 7.5 2 ARTICLE V. Chapter V, Subsection 515.13, Subdivision 4(b) of the Crystal city code is hereby amended by deleting the stricken material and adding the double underlined material as follows: (b) Densities. Residential densities shall be constructed to a density of 16 to 40 64 units per gross acre. An applicant may exceed these densities by up to 60 percent if the building height requirements of this section are met. ARTICLE VI. Chapter V, Subsection 515.19, Subdivision 3 of the Crystal city code is hereby amended by deleting the stricken material as follows: Subd. 3. Group living use category. (a) Specialized care facilities. Specialized care facilities are subject to the following standards: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility; and (2) Drive-through facilities are specifically prohibited. ARTICLE VII. Chapter V, Subsection 515.19, Subdivision 6(b) of the Crystal city code is hereby amended by deleting the stricken material and adding the double underlined material as follows: (b) Telecommunications towers. (1) Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“the Act”) grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. By this subsection, the city intends to exercise the full scope of its authority under the Act and under state law regarding the regulation of towers and telecommunications facilities in the city. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. (2) Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: (i) To regulate the location of telecommunication towers and facilities; (ii) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities; 7.5 3 (iii) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques; (iv) To promote and encourage shared use and co-location of telecommunication towers and antenna support structures; (v) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound; (vi) To ensure that telecommunication towers and facilities are compatible with surrounding land uses; and (vii) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. (3) Development of towers Zoning districts where towers are allowed. (i) Permitted use at certain locations in the Industrial district (I). A tower is a permitted use in the I district, with approval of a zoning certificate, provided that the site also meets one of the following additional location criteria: (A) It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue, 32nd Avenue or Nevada Avenue; or (B) It is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (ii) Conditional use at certain locations in the Commercial district (C). A tower is a conditional use in the C general commercial district provided that the site is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (iii) Towers prohibited elsewhere; relief provision. Towers are prohibited in the city except as expressly authorized herein. Notwithstanding this prohibition, the city council may approve a tower as a conditional use in any other zoning district which reasonably addresses an identified significant gap subject to the following requirements: (A) The provider has submitted the information required by this subsection. (B) The city council makes a finding that the provider has demonstrated by clear and convincing evidence that there is a significant gap in the provider’s service, and: (I) There is no co-location option that would reasonably address the demonstrated significant gap in the provider’s service; or 7.5 4 (II) There is no other alternative tower site that would reasonably address the demonstrated significant gap in the provider’s service. (C) In approving a tower on the site which reasonably addresses the identified significant gap, the city council shall consider the purposes of tower regulation stated in this subsection and the requirements of the Act. (4) An application to develop a tower shall include: (i) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. (ii) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. (iii) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. (iv) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent properties. (v) Written evidence from an engineer that the proposed structure meets the structural requirements of this UDC. (vi) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. (5) Review criteria and restrictions. (i) In considering an application where the provider has shown the existence of a significant gap in coverage, the city council shall only authorize a tower if the city makes a finding that such a location is necessary for the city to achieve compliance with the requirements of the Act. (ii) The city council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 7.5 5 (iii) The site must comply with the following minimum area requirements: (a) If zoned commercial or industrial then the site shall contain no less than two acres. (b) If zoned residential then the site shall contain no less than five acres. (c) Notwithstanding (i) and (ii) above, regardless of zoning, if the principal use on the site is a city structure, county building, school, or church, then the site shall contain no less than three acres. (d) For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. (iv) No tower shall be located within 660 feet (1/8 mile) of another tower. (v) No tower shall be located on a lot having as its principal use a one or two family dwelling. (vi) No part of the tower shall be located within 165 feet (1/32 mile) of any one or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non-conforming to the setback requirement. (vii) The height of the tower shall not exceed 100 feet, or 50% of the distance from any part of the tower to the nearest lot line of an adjacent property having a single family or two family dwelling, whichever is less. (viii)(iii) The city may authorize the use of city property, including use of its right- of-way pursuant to chapter 8 of the Crystal city code in accordance with the procedures and subject to the restrictions of this code. (ix) (6) Co-location required. Unless the applicant presents clear and convincing evidence to the city council that co-location at the identified site is not structurally or technically feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least one telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. (7) Setbacks Locational requirements. (i) A tower must be located on a single parcel or contiguous parcels under the same ownership as the applicant having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing 7.5 6 that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. (ii) Unless otherwise required by this subsection, Setback locational requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. (iii) Towers may not be located between a principal structure and a public street, with the following exceptions: (A) In the I district, towers may be placed within a side yard abutting an internal industrial street. (B) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. (C) This requirement does not apply to towers that are a conditional use in all zoning districts. (iv) No tower shall be located within 660 feet of another tower. (v) No tower shall be located on a lot having as its principal use a one or two family dwelling. (vi) Towers are subject to the following locational requirements from residential uses. (a) Towers in the I district shall be separated from all properties used for residential purposes by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for compliance with this requirement shall be measured from the base of a tower to the closest point of the proposed site. (b) Where towers are a conditional use, no part of the tower shall be located within 165 feet of any one or two family dwelling. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non-conforming to this locational requirement. (7)(8) Structural requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international state building code and any other standards set forth in this subsection. (8)(9) Height. Towers are subject to the following height requirements: (a) Tower height is measured from grade and includes the tower structure itself, the base pad, and any other telecommunication facilities attached 7.5 7 thereto. If a lightning rod is included in the structure, the lightning rod is not included in the height calculation, but shall not exceed ten feet in height. (b) A tower may not exceed 165 feet in height in the commercial or industrial zoning districts, 100 feet in residential districts, or 50% of the distance from any part of the tower to the nearest lot line of an adjacent property having a single or two family dwelling, whichever is less. (9) Separation or buffer requirements. Towers must be separated from all properties used for residential purposes by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in a zoning district. (10) Method of determining tower height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. (11)(10) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. (12)(11) Exterior finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the city council if a conditional use permit is required or by city staff if a zoning certificate is required. (13)(12) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations or different requirements are allowed by the city council through approval of the conditional use permit. (14)(13) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the applicable landscaping requirements of this UDC and as shown on the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, 7.5 8 except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. (15)(14) Security. Towers must be reasonably posted and secured to protect against trespass. (16)(15) Access. Parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site. (17)(18) StealthTower and equipment design. To the extent reasonably practical, towers must be of stealth design. Equipment that is accessory to the tower shall be screened from view or architecturally designed to blend in with the surrounding environment and shall not exceed 2,000 square feet in size. (18)(19) Other telecommunications facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: (i) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet; (ii) That the antenna support structure and telecommunications facilities comply with the state building code; and (iii) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than six inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. (19)(20) Existing towers. (i) An existing tower may be modified or demolished and rebuilt to accommodate co-location of additional telecommunications facilities as follows: (a) Application for an appropriate city permit shall be made to the city council; and (b) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 7.5 9 (ii) A tower that is being rebuilt to accommodate the co-location of additional telecommunications facilities may be relocated on the same parcel subject to the setback locational requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the those setback requirements of this subsection, such setback requirements shall be waived to allow the tower to be rebuilt in its exact previous location. (20)(21) Abandoned or unused towers or portions of towers. Abandoned or unused towers and associated above-ground facilities must be removed within six months of the cessation of operations of an antenna facility at the site unless an extension is approved by the zoning administrator. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to the Crystal city code, section 635chapter VI. (21)(22) Additional criteria for variances for towers. The city council may grant a variance pursuant to the Crystal city code, subsection 510.33 if the applicant also demonstrates all of the following with written or other satisfactory evidence: (i) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located; (ii) The variance will not create any threat to the public health, safety, or welfare; (iii) In the case of a requested modification to the setback locational requirements, the applicant may provide the following justifications for approval of the variance: (a) that the The size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to lands used for residential purposes. (b) According to written technical evidence from an engineer, the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in the provider’s coverage in the city and that landscaping and other buffers are provided to lessen the tower’s visibility to residential areas. (iv) In the case of a request for modification to the separation requirements of this subsection that the proposed site is zoned I and the proposed site is at least double the minimum standard for separation from lands used for residential purposes; 7.5 10 (v) In the case of a request for modification of the separation requirements of this subsection, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap within the city in coverage of the provider and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area; and (iv)(iv) In the case of a request for modification of the maximum height limit, that the modification is necessary to: (a) Facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or (b) To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. (22)(23) Maintenance. Towers must be maintained in accordance with the following provisions: (i) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public; (ii) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property; (iii) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair; (iv) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel; (v) Towers must comply with radio frequency emissions standards of the federal communications commission; and (vi) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. (23)(24) Additional requirements. (i) Inspections. The city may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform state Building building 7.5 11 Code code and other construction standards provided by the city code, federal and state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. (ii) Excavation and monitoringCompliance to emission requirements. The city may request The the owner of a telecommunications facility shall provide the city with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the city’s reasonable request. If the owner does not promptly provide the city with satisfactory technical evidence of FCC compliance, the city may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the city for its reasonable costs in carrying out such compliance testing. ARTICLE VIII. Chapter V, Subsection 520.01, Subdivision 6 of the Crystal city code is hereby amended by deleting the stricken material as follows: Subd. 6. Permitted encroachments into setback and height requirements. Structures or structural features may extend beyond the wall of the structure and into a required setback and height requirement in compliance with Table 6. Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP Permitted Setback Encroachments [2] Accessibility ramps May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right- of-way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right-of-way Air conditioning or heating equipment 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property Not Applicable 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property Not Applicable 7.5 12 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP Attached decks or open porches Front/rear: 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Side: 3 feet Corner side: 3 feet Front/rear: 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Side: 3 feet Corner side: 3 feet Front/rear: 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Side: 3 feet Corner side: 3 feet Not Applicable Not Applicable Not Applicable Not Applicable Awnings Front: 3 feet Side: 2 feet Rear: 3feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front/corner side: May be located up to the property line Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3feet Corner side: 2 feet Building projections or bumpouts, May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met Not Applicable Not Applicable Not Applicable Not Applicable Chimneys May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Not Applicable Not Applicable Not Applicable 7.5 13 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP Detached decks and patios 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback Not Applicable Front/corner side: Patios may be located up to the property line Not Applicable Not Applicable Eaves or overhangs May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback, but cannot be located in public right- of-way May encroach 2 feet into any setback May encroach 2 feet into any setback Egress windows [4] May encroach 3 feet into any setback May encroach 3 feet into any setback May encroach 3 feet into any setback Not Applicable Not Applicable Not Applicable Not Applicable Landings Landings cannot exceed 4 feet by 4 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Cannot encroach into public right-of-way Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Satellite dishes May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Treehouses 20 feet for treehouses in the front yard for one and two family dwellings 20 feet for treehouses in the front yard for one and two family dwellings Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable 7.5 14 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP Permitted Height Encroachments Chimneys Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not Applicable Not Applicable Not Applicable Not Applicable Spires or steeples for religious institutions As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review Not Applicable As determined by the City Council in CUP review Not Applicable NOTES: [1] Encroachments are permitted as shown in the table, but in no instance shall encroachments be allowed in a platted or dedicated easement. [2] Unless otherwise described, the numerical dimensions listed in this table are the linear dimensions allowed for the setback encroachment. For example, in the R-1 district, awnings may be three feet closer to the front property line than the required front setback for the dwelling. [3] Front setback: Building projections or bumpouts to the front of the principal building are allowed, subject to these conditions: 1) Each addition shall not exceed 24 feet in width, and the cumulative width of all additions shall not exceed 50% of the width of the principal building; 2) Each addition’s encroachment into the 30 foot required front setback shall not exceed 80 square feet, and the cumulative encroachment of all additions shall not exceed 100 square feet. Rear setback: Building projections or bumpouts to the rear of the principal building are allowed, subject to these conditions: 1) The encroachment occupies no more than 300 square feet of the area within the rear setback; 2) The width of the encroachment is no more than 50%% of the lot width measured at the rear setback line; 3) The property owner removes any existing accessory buildings from the rear yard; 4) The property owner signs and has notarized a written statement to the city acknowledging that no accessory buildings may be built or placed in the rear yard and this statement will be recorded against the property. [4] If an egress window is constructed as part of the foundation of the dwelling, the egress window shall meet the required setbacks for the dwelling. ARTICLE IX. Chapter V, Subsection 520.03, Subdivision 2, of the Crystal city code is hereby amended by deleting the stricken material and adding the double underlined material as follows: Subd. 2. Site development standards. (a) Site development standards for principal buildings. Table 7 are the regulations for residential densities, setbacks, number of principal buildings, lot dimensions, building height, and green space for placing principal buildings in the city’s zoning districts. (b) Site development standards for accessory structures. Table 8 are the setback and height requirements for placing accessory structures in the city’s zoning districts. Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Permitted Residential Density 7.5 15 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Permitted Residential Density No more than 6 units per acre (gross) 6 to 16 units per acre (gross) 16 to 40 units per acre (gross) Not Applicable 25 to 50 80 units per acre (gross) Not Applicable Not Applicable Minimum Building Setbacks [1] Front 30 feet 30 feet 30 feet 10 feet 1 foot minimum 10 foot maximum 10 feet 200’ from residential use Side 5 feet 15 feet 15 feet 10 feet 0 foot minimum 10 feet 200’ from residential use Rear 30 feet 30 feet 30 feet 10 feet 3 foot minimum 10 feet 200’ from residential use Corner Side 10 feet [2] 30 feet 30 feet 15 feet 2 foot minimum 12 foot maximum 15 feet 200’ from residential use Number of Principal Buildings Maximum number of principal buildings per property One One One One Not Applicable One Not Applicable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 1210,000 SF 1210,000 SF 1210,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3,000 per dwelling, but in no event less than 10,000 SF 10,000 SF 1,200 per dwelling, but in no event less than 20,000 SF 20,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 20,000 SF Not Applicable 20,000 SF Not Applicable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable 7.5 16 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Non-Residential Uses [3] 100 feet 100 feet 100 feet 120 feet Not Applicable 120 feet Not Applicable Minimum Lot Width One-family Detached Dwelling 50 feet 50 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 80 feet 80 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 100 feet Not Applicable 100 feet Not Applicable Maximum Building Height One-family Detached Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less Not Applicable 5 stories or 60 feet, whichever is less Not Applicable Not Applicable Non-Residential Uses [3] 2 stories or 32 feet, whichever is less 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less 3 stories or 40 feet, whichever is less Minimum Green Space [4] One and Two- Family Detached Dwellings See note [5] below See note [5] below See note [5] below Not Applicable Not Applicable Not Applicable Not Applicable Other Uses 30% 25% 20% 15% 10% 10% Not Applicable 7.5 17 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP NOTES: [1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table 3. [2] If the vehicle entrance for an attached garage faces a street or alley, the garage shall be at least 20 feet from the corner side property line. [3] For the purposes of Table 7, specialized care facilities shall be defined as non-residential uses. [4] The minimum green space requirement is expressed as a percentage of the property that shall be free from any impervious surfaces. [5] In residential zoning districts, the minimum green space requirement applies only to the rear yard of one and two family dwellings. The requirement is expressed as a percentage of the rear yard that is free of any impervious surfaces: 1. Rear yard of 5,001 SF or greater: 50% 2. Rear yard of between 4,501 and 5,000 SF: 45% 3. Rear yard of between 4,001 and 4,500 SF: 40% 4. Rear yard of between 3,501 and 4,000 SF: 35% 5. Rear yard of between 3,000 and 3,500 SF: 30% 6. Rear yard of less than 3,000 SF: 25%. Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Minimum Structure Setbacks Accessory dwelling units, detached Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Amateur radio towers See note [1], below See note [1], below See note [1], below Not Applicable Not Applicable Not Applicable See note [1], below Attached Decks and open porches Front: 30 feet Side: 3 feet Rear: 30 feet Corner side: 10 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Not Applicable 7.5 18 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Clothesline Poles Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Commercial Storage Buildings Not Applicable Not Applicable Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Detached decks Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet Side: 10 feet Rear: 10 feet Corner side: 15 feet Not Applicable Not Applicable Not Applicable Detached garages or carports Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] , [4] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3], [4] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Not Applicable Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Flagpoles Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line 7.5 19 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Gazebos Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Noncommercial greenhouses Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Patios Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Not Applicable 7.5 20 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Sheds Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Solar energy systems See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below Swimming pools, hot tubs and spas Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 20 feet Not Applicable Not Applicable Tennis or other recreational courts Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Treehouses Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable 7.5 21 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Workshops Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Maximum Structure Height Accessory dwelling units, detached The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less 22 feet The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less 22 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Amateur radio towers Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Not Applicable Tower not to exceed 75 feet Tower not to exceed 75 feet Commercial storage buildings Not Applicable Not Applicable Not Applicable 20 feet Not Applicable 20 feet 25 feet Detached accessory buildings [6] 15 feet 15 feet 15 feet 15 feet Not Applicable 15 feet 15 feet Essential services (such as poles or towers) As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer Fences See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 Not Applicable See subsection 520.09 See subsection 520.09 Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 7.5 22 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Satellite dishes Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Solar energy systems Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Television and Radio Antennae Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof NOTES: [1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However, necessary guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or interior side property line. [2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed, accessory dwelling unit, or workshop may be erected within the front setback area provided it does not encroach into the required front, side or corner side setback. [3] If the garage, carport, accessory dwelling unit, or workshop does not have an eave or overhang on the side or rear of the structure, the structure may be located to a distance of 3 feet from the side or rear property line, but the structure shall not encroach into a platted or dedicated easement. [4] If the vehicle entrance for a detached garage or carport faces a street or alley, the garage or carport shall be at least 20 feet from the corner side or rear property line. [5] For building-mounted solar energy systems, the collector surface and mounting devices shall not extend beyond the required setbacks on which the building is mounted. For freestanding solar energy systems, the system may not extend into the following setbacks when oriented at minimum design tilt: Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet; Corner side: 10 feet. [6] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports, detached garages, gazebos, noncommercial greenhouses, sheds and workshops. Some of these structures may not be allowed in every zoning district. ARTICLE X. Chapter V, Subsection 520.15, Subdivision 6, of the Crystal city code is hereby by amended by deleting the stricken material and adding the double underlined material as follows: 7.5 23 Subd. 6. Off-street parking space requirements. (1) Table 11 defines the number of parking spaces required for each use within the city. (2) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. (3) Within the TC district, no off-street parking spaces are required for non-residential development. Residential development shall provide a minimum of one space per unit, plus one space per ten units for visitor parking. Table 11: Parking Spaces by Use Use Type Minimum Maximum Residential Use Category Accessory dwelling units 1 space in addition to the number of spaces required for the principal building on the property Not Applicable Bed and breakfast establishments 2 spaces for the owner/occupant of the dwelling, at least one of which must be enclosed in a garage, plus 1 space per guest sleeping room Not Applicable Dwellings, one and two family 2 spaces per dwelling unit, one of which must be enclosed in a garage Not applicable Dwellings, multiple-family 2 spaces per dwelling unit, one of which must be enclosed in a garage [1] Not applicable Specialized care facilities 4 spaces, plus 1 space per 5 beds Not applicable Commercial Use Category Banquet halls or event centers See Public, Institutional, or Recreational Use Category Bowling alleys 4 spaces, plus 4 spaces for each lane Not applicable Funeral Homes 4 spaces, plus no less than 1 space per 3 seats in the main assembly hall, plus no less than 1 space per 300 square feet of gross floor area not used for seating. [3] 4 spaces, plus no more than 1 space per 2 seats in the main assembly hall, plus no less than 1 space per 200 square feet of gross floor area not used for seating. [3] Health and fitness club 4 spaces, plus no less than 300 square feet of gross floor area, not including court, gym Not applicable 7.5 24 Table 11: Parking Spaces by Use Use Type Minimum Maximum or pool area, plus 4 spaces per basketball court, plus 2 spaces per tennis or racquetball court, plus 1 space per 50 square feet of deck area for a swimming pool Hotel, Motel, Extended Stay Establishments 1 space per room or suite, plus 1 space per employee on the major shift. [2] Not applicable Office 4 spaces, plus no less than 1 space per 500 square feet of gross floor area 4 spaces, plus no more than 1 space per 250 square feet of gross floor area Restaurants and bars 4 spaces, plus no less than 1 space per 100 square feet of gross floor area 4 spaces, plus no more than 1 space per 50 square feet of gross floor area Retail Establishments and Personal Service 4 spaces, plus no less than 1 space per 500 square feet of gross floor area [4] 4 spaces, plus no more than 1 space per 250 square feet of gross floor area [4] Theaters or Auditoriums 4 spaces, plus no less than 1 space per 4 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Vehicle, Boat, or Recreational Sales or Rental 4 spaces, plus 1 space per employee on the major shift. Such spaces are in addition to the vehicles parked for display Vehicle Fuel Sales 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no less than 1 space per 300 square feet of building area used for the sale of goods or services 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no more than 1 space per 150 square feet of building area used for the sale of goods or services Vehicle Wash or Detailing 1) Drive-through, staffed: 2 spaces, plus 1 space per employee on the major shift 2) Drive-through, not staffed: 2 spaces 3) Self-service: 2 spaces Industrial, Manufacturing, Research and Wholesale Use Category Manufacturing 4 spaces, plus no less than 1 space per 1,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 500 square feet of gross floor area 7.5 25 Table 11: Parking Spaces by Use Use Type Minimum Maximum Warehouses 4 spaces, plus no less than 1 space per 3,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 1,000 square feet of gross floor area Public, Institutional, or Recreational Use Category High School, college, university, or trade/business school 4 spaces, plus no less than 1 space per classroom, plus no less than 1 space per 2 students based on design capacity Not applicable Hospital Number of spaces as required per a parking study Number of spaces as required per a parking study Library 4 spaces, plus no less than 1 space per 400 square feet of gross floor area 4 spaces, plus no more than 1 space per 200 square feet of gross floor area Outdoor Recreational Facilities 10 spaces per acre of play field, plus 4 per basketball court, two space per tennis court, or 1 space per 50 square feet of deck area for a swimming pool Not applicable Banquet halls, event centers, Religious Institutions, or similar places where persons gather or assemble 4 spaces, plus no less than 1 space per 3 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Schools, nursery or preschool, elementary and middle school 10 spaces, plus no less than 1 space per classroom and 1 space per 40 students based on designed capacity Not applicable Notes: 1. The minimum number of parking spaces for senior housing is 1 space per household unit, 50% of which shall be enclosed in a garage. 2. If applicable, 1 space per 4 person capacity shall be provided for conference rooms or other assembly spaces and 1 space shall be provided for a manager who resides on the property. 3. Motor vehicle stacking space shall also be provided for making up a funeral procession, although drive aisles in the parking lot may be used for stacking. 4. The parking requirement for retail sales and service establishments with more than 50% or more of gross floor area devoted to storage or warehouse shall be: 4 spaces, plus no less than 1 space per 500 nor more than 1 space per 250 square feet devoted to sales or service, plus no less than 1 space per 3,000 nor more than 1,000 square feet of storage. 7.5 26 ARTICLE XI. Chapter V, Subsection 520.17, Subdivision 2, of the Crystal city code is hereby amended by adding the double underlined material as follows: Subd. 2. Applicability. Except as provided for in this subsection, these requirements are applicable for subdivision or lot consolidation applications, site plans, conditional use permits, building permits, or other land disturbing activities on existing properties, except if this requirement is waived by the city engineer. ARTICLE XII. Chapter V, Subsection 520.17, Subdivision 4, of the Crystal city code is hereby amended by deleting the stricken material as follows: Subd. 4. Storm water management plan. When a subdivision, lot consolidation, site plan, or conditional use permit application is submitted, the applicant shall include a storm water management plan, unless this requirement is waived by the city engineer. The plan shall contain the following information. (a) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: (1) The street address, property identification number or legal description of the subject property; (2) North point, date, scale of drawing, and number of sheets; (3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; (4) A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; (6) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable: (7) Vegetative cover and clearly delineating any vegetation proposed for removal; and 7.5 27 (8) 100-year floodplains, flood fringes and floodways. (b) Site construction plan. A site construction plan including: (1) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; (2) Locations and dimensions of all temporary soil or dirt stockpiles; (3) Locations of all proposed stormwater management facilities; (4) Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this section; (5) Schedule of anticipated starting and completion date of each land disbursing activity including the installation of construction site erosion control measures needed to meet the requirements of this section; and (6) Provisions for maintenance of the construction site erosion control measures during construction. (c) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including: (1) Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; (2) A delineation of any ponding, flowage or drainage easements, or other property interests, to be dedicated for stormwater management purposes; (3) For applications proposing infiltration or filtration as a stormwater management practice, identification, description, results of double-ring infiltrometer tests, and permeability and approximate delineation of site soils in both existing and proposed as-developed condition. (4) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; (5) A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; (6) The proposed size, alignment and intended use of any structures to be erected on the site; and (7) A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used. 7.5 28 ARTICLE XIII. City staff is authorized and directed to update the table of contents for Chapter V as may be needed and to make formatting and other non-substantive corrections as may be needed as part of incorporating the amendments adopted by this Ordinance into the Crystal city code. ARTICLE XIV. This ordinance is effective upon adoption and 30 days after publication. First Reading: ____________, 2020 Second Reading: __________, 2020 Council Adoption:_________, 2020 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.5 1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2020-__ RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2020-___ WHEREAS, the Crystal City Council adopted Ordinance No. 2020-___ “An Ordinance Amending Chapter V of the Crystal City Code Related to the Unified Development Code (the “Ordinance”) at its meeting held on July 21, 2020; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council is to approve the form of the summary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL ORDINANCE #2020-____ AN ORDINANCE AMENDING CHAPTER V OF THE CRYSTAL CITY CODE RELATED TO THE UNIFIED DEVELOPMENT CODE SUMMARY OF ORDINANCE No. 2020-___ Ordinance No. 2020-___ has been approved by the city council on July 21, 2020. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The ordinance amends Chapter V of the Crystal City Code by revisin g the unified development code to make various corrections and revising provisions related to telecommunication towers. BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do each of the following: 1.Publish the approved summary language once in the City’s official newspaper; 2.Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of the summary language in the City’s ordinance book; Attachment B 7.5 2 3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk during the City’s regular business hours; 4. Incorporate the text of the Ordinance into the Crystal City Code; and 5. Post the updated Crystal City Code on the City’s website. Adopted this 21st day of July, 2020. ______________________________ Jim Adams Mayor ATTEST: _______________________________ Chrissy Serres City Clerk 7.5 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  REGULAR MEETING  TUESDAY, JULY 21, 2020 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Consider approval of minutes from the February 18, 2020 meeting and June 16, 2020 work session 4. Update regarding 3240 Hampshire Ave. N. 5. Consider authorizing the issuance of a Request for Proposals for the sale of 4741 Welcome Ave. N. for construction of a new residential building. 6. Presentation on COVID-19 business assistance programs* 7. Other business * 8. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Council Chambers February 18, 2020 1. Call to Order President LaRoche called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 7:40 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Adams (Parsons) to approve the minutes the January 7, 2020 annual organization meeting, January 9, 2020 work session and February 4, 2020 work session. Motion carried. 4. Consider approval of the 2020 Work Program Mr. Sutter presented the 2020 Work Program and requested EDA approval. Moved by Commissioner Parsons (Budziszewski) to approve the approve the 2020 EDA Work Program. Motion carried. 5. Closed session to determine a price for the sale of 5565 Vera Cruz Ave. N. Mr. Sutter presented information about the property at 5565 Vera Cruz Ave. N. and asked the EDA whether they desired to discuss pricing in a closed session as allowed by law. Moved by Commissioner Kiser (Budziszewski) to close the meeting in accordance with M.S. 13D.05 Subd. 3-c to determine the price for the sale of EDA property at 5565 Vera Cruz Ave. N. Motion carried and the EDA meeting was closed at 7:55 p.m. Moved by Commissioner Adams (Kiser) to re-open the EDA meeting. Motion carried and the EDA meeting re-opened at 8:15 p.m. 6. Closed session to determine whether to make a purchase offer for 4749 Welcome Ave. N. Page 2 of 3 Mr. Sutter presented information about the property at 4749 Welcome Ave. N. and asked the EDA whether they desired to formulate a purchase offer in a closed session as allowed by law. Moved by Commissioner Budziszewski (Kiser) to close the meeting in accordance with M.S. 13D.05 Subd. 3-c to determine a purchase offer for the property at 4749 Welcome Ave. N. Motion carried and the EDA meeting was closed at 8:22 p.m. Moved by Commissioner Budziszewski (Kiser) to re-open the EDA meeting. Motion carried and the EDA meeting re-opened at 8:36 p.m. 7. Other Business There was no other business. 8. Adjournment Moved by Commissioner Budziszewski (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 8:37 p.m. Page 3 of 3 These minutes of the February 18, 2020 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Work Session Council Chambers and remotely by electronic means June 16, 2020 1. Call to Order Chair LaRoche called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 8:03 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, Brendan Banks, John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris and Deputy Executive Director John Sutter. 3. Update - EDA lot at 3240 Hampshire Ave. N. The EDA discussed the staff report. Staff stated that they would recommend declaring easements rather than replatting the lot as described in the staff report. Staff is awaiting utility cost information and intends to bring a Request for Proposals packet to the EDA for authorization on July 21. 4. Update: EDA lot 4741 Welcome Ave. N. The EDA discussed the staff report. Staff will bring a Request for Proposals packet to the EDA for authorization on July 21. Staff will send a letter to adjacent owners in a manner similar to what was done regarding 3240 Hampshire. 5. Potential development at 5232-5256 West Broadway The EDA discussed the staff report. The proposed development would be a four-story, 53-unit apartment building with an affordable housing component. The City Council will review a site concept plan at its July 9 work session. 6. Adjournment The meeting adjourned at 8:34 p.m. Page 2 of 2 These minutes of the June 16, 2020 work session of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: July 16, 2020 TO: Anne Norris, City Manager (for July 21 EDA meeting) SUBJECT: Update - EDA lot at 3240 Hampshire Ave. N. BACKGROUND  This property is a remnant from the EDA sale of 3244 Hampshire for a new home in 2000.  The adopted 2020 work program anticipated staff gathering information in 2020 then bringing this lot back to the EDA for possible action in early 2021. Staff accelerated this process because we were approached by a Crystal resident interested in this lot.  Staff sent a letter to adjacent properties on Mar. 24 informing them that we would be exploring development feasibility.  At the June 16 work session, staff informed the EDA that a survey and soil borings confirmed that the northeast part of the lot is buildable with driveway and utility connections from the Georgia Avenue cul-de-sac, but that staff was still awaiting utility cost information.  Staff sent another letter on June 19 informing adjacent owners that the EDA would be considering whether to proceed at the July 21 meeting. We have received no comments. NEW INFORMATION Staff consulted with a local utility contractor and estimated the extraordinary costs at $37,000 for water and sewer services and $15,000 for the driveway. In addition, the cost of necessary construction dewatering is unknowable but is likely to be tens of thousands of dollars. With a “ready to build” lot value of approximately $80,000, the cost to develop the lot is likely to exceed the value. If the street were extended to develop other lots in addition to the EDA lot, these extraordinary costs would either be eliminated or spread out among more lots. CONCLUSION It is not feasible to develop 3240 Hampshire at this time. The lot could be developed in the future together with other properties to the north upon extension of Georgia Avenue, ideally upon consolidation of ownership by a private developer. This could yield a total of 3-5 new homes, depending on how many property owners desire to be included. Staff will send an update to the adjacent owners explaining that development is not likely to occur unless the street is extended so multiple lots can be developed at the same time. No EDA action is required. EDA STAFF REPORT 3240 Hampshire Hypothetical development scenario with street extension - up to five homes ________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for July 21 EDA Meeting) DATE: July 16, 2020 RE: Authorize the issuance of a Request for Proposal for the sale of 4741 Welcome Ave N for construction of a new residential building BACKGROUND: The EDA acquired and demolished a blighted 4-plex on the site in 2010 and has held the property for undetermined future development. At the June 16, 2020 EDA work session, the EDA discussed selling the property at 4741 Welcome for construction of a new residential building. On June 19 staff sent a letter about the development process to all property owners on the block. No responses or comments have been received. 2018 aerial photo: EDA STAFF REPORT 4147 Welcome Avenue North PROPOSED DEVELOPMENT:  This property is 80’ wide and 176’ long, with an area of 0.32 acres.  It is zoned and guided R-2 which would allow up to 6 units.  With the alley in back, there is the potential to do something creative here in terms of building design, style of units, garage locations, etc. The new building could be a one-level double bungalow/side-by-side duplex, or a three-story apartment building with six units, or something in between. The request for proposal is attached and contains these noteworthy elements: 1. Approval process. The approval process for the site and building plan is contingent upon the number of propo sed units: a. Two unit building. A variance would be required to reduce the minimum density in the unified development code (UDC). The variance would be reviewed by the Planning Commission and approved by the City Council before the sale can be finalized. The rationale for the variance is that the lot width (80’) is atypically narrow relative to the depth (176’). b. 3-6 unit building. Site plan approval by the City Council would be required after a public hearing and recommendation by the Plann ing Commission. 2. Building design. a. Two unit building. Design elements would be similar to what the EDA requires for a single-family home. b. 3-6 unit building:  Each unit shall have three bedrooms and two bathrooms, but the EDA will consider units with a lesser number of bedrooms and bathroom s.  Two parking spaces shall be provided for each unit, one of which must be enclosed in a garage  Except for basement (garden level) apartments, each unit shall have a deck or patio. If the EDA authorizes the issuance of the RFP, the deadline to respond to the RFP is August 12 with an EDA public hearing on August 18. The variance or site plan review application (as applicable) would be heard by the Planning Commission on September 14 and considered by the City Council on October 6. REQUESTED EDA ACTION: EDA authorize the issuance of the attached request for proposal for the sale of 4741 Welcome Ave N for construction of a new residential building. 4141 Douglas Drive North • Crystal, Minnesota 55422-1609 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov REQUEST FOR PROPOSALS (“RFP”) 4741 Welcome Avenue North The Economic Development Authority of the City of Crystal (EDA) is requesting proposals from builders to purchase 4741 Welcome Avenue North for construction of a new residential building. Enclosed please find the Proposal Form and Guidelines for making a proposal. To receive consideration, proposals must be submitted on a completed Proposal Form plus the required attachments and additional information. Incomplete proposals will not be considered. The deadline for proposals to be submitted is 4:30 p.m. on Wednesday August 12, 2020, with a public hearing held by the EDA Board on August 18th. If you have questions about the RFP process or the enclosed Guidelines, feel free to contact me at 763.531.1142 or dan.olson@crystalmn.gov. Thank you for your interest. Regards, Dan Olson City Planner PROPOSAL FORM PROPOSAL TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL 4741 WELCOME AVENUE NORTH LOTS 3 AND 4 (EXCEPT FOR THE SOUTH 40’), BLOCK 2, TWIN LAKE ADDITION ***PROPOSAL DEADLINE: 4:30 P.M. ON WEDNESDAY, AUGUST 12, 2020*** BUILDER OFFERS TO PURCHASE THIS LOT FOR $________________ (MINIMUM IS $100,000) This proposal is not a purchase agreement or other binding contract. At this time, the Builder is submitting a proposal to purchase this lot from the Economic Development Authority of the City of Crystal (EDA) and build a new residential building on the lot in accordance with the Proposal Guidelines. If, after a public hearing, this proposal is accepted by the EDA Board, then the Builder would sign a Purchase & Development Agreement and provide $2,000 earnest money for the lot. Only after such Agreements are signed would a binding contract exist between the EDA and the Builder. BUILDER: (Builder must be a Residential Building Contractor licensed by the State of Minnesota. Alternatively, a Contractor Registration with the state may be acceptable, depending on the contractor’s history and qualifications.) Name: ________________________________________________ State License Number: ____________________ Tel (1): ________________________ Tel (2): __________________________ Fax: _________________________ Address: ________________________________________ City/State/Zip:__________________________________ Email: __________________________________________ _______________________________ _____________ Signature Date REQUIRED ATTACHMENTS AND ADDITIONAL INFORMATION:  Approximate/example illustration of the type of building you would build on this lot.  The EDA will only sell lots to builders who have experience in residential construction larger than a single-family dwelling in Minnesota. Please list the addresses of three buildings you have built in Minnesota within the last five years, or attach other evidence of qualification for review by the city: Building #1: ______________________________________________________________ Building #2: ______________________________________________________________ Building #3: ______________________________________________________________ SUBMIT PROPOSAL TO: Dan Olson, City of Crystal, 4141 Douglas Dr N, Crystal MN 55422 763.531.1142 or dan.olson@crystalmn.gov Proposals may be submitted by hand delivery, U.S. Mail, or email (pdf format) ***PROPOSALS ARE DUE AT 4:30 P.M. ON WEDNESDAY, AUGUST 12, 2020*** Page 1 of 5 474751v3 CBR CR150-4 Proposal Guidelines for 4741 Welcome Avenue North Lots 3 and 4, except the south 40’ thereof, Block 2, Twin Lake Addition A. Legal Description. The subject property is legally described as Lots 3 and 4, except the south 40 feet thereof, Block 2, Twin Lake Addition. The site location for the parcel is attachment A and a survey for the property is attachment B. B. Builder Selection Criteria. Builders must meet the following requirements: 1. Licensed as a Residential Building Contractor by the State of Minnesota. Alternatively, a Contractor Registration with the state may be acceptable, depending on the contractor’s history and qualifications. Proposals submitted by other parties will not be considered by the Economic Development Authority of the City of Crystal (EDA). 2. Have experience in construction of buildings with two or more units. Builder shall provide the addresses of three buildings they have built in Minnesota within the last five years, or other evidence of qualification acceptable to the City. References from previous customers, suppliers, and inspectors may be requested by EDA staff. 3. Be capable of closing on the lot purchase within two m onths of the required City Council approval of either a variance for a two-family dwelling or a site plan for a 3-6 unit building, and completing the building within one year of the closing date of the lot sale (See Section C, below). C. Procedure for Consideration of Builder Proposals. 1. The EDA board has total discretion regarding whether to reject or accept a proposal. 2. Builder proposals must be submitted by Wednesday, August 12, 2020 at 4:30 PM. The following are to be submitted for the proposal:  A completed and signed proposal form  An approximate/example illustration of the type of building you would build on this lot. The Builder should select a building plan in accordance with Section D (5) of these Guidelines. 3. After August 12, EDA staff will review the proposals received and make a recommendation to the EDA board. 4. At its August 18, 2020 meeting, the EDA board will hold a public hearing on the proposed lot sale and consider a resolution to accept a specific proposal and authorize the lot sale to that Builder, contingent upon the following additional City Council approvals: a) Two-family dwelling. The minimum density in the city’s unified development code (UDC) for the property is 6 units per gross acre. If a two-family dwelling is constructed, the density would be 5.1 units per gross acre. Therefore, Builder will be required to receive approval of a variance to reduce the minimum density from 6 units/acre to 5 units/acre.  The application and escrow fee for the variance will be paid for by the EDA.  City staff will prepare the application for you.  If your proposal is selected by the EDA on August 18, 2020, then you must submit the signed variance application by August 25, 2020.  The Planning Commission will hold the public hearing for the variance on September 14, 2020 with a decision on the variance by the City Council expected on October 6, 2020. Page 2 of 5 474751v3 CBR CR150-4 b) Three to six unit building. The UDC requires approval of a site plan application for the new building.  The application and escrow fee for the application will be paid for by the EDA.  City staff will prepare the application for you, but you will need to prepare detailed site and building plans.  If your proposal is selected by the EDA on August 18, 2020, then you must submit the signed application by August 25, 2020 and the detailed site and building plans by September 1, 2020.  The Planning Commission will hold the public hearing for the site & building plan on September 14, 2020 with a decision by the City Council expected on October 6, 2020. 5. No later than 10 days after City Council approval of either a variance or site plan as described above, Builder must sign the Purchase and Development Agreement and pay $2,000 earnest money for the lot. 6. No later than 60 days after the required City Council approval of either a variance or a s ite plan as described above, Builder must close on its purchase of the lot. At closing, the Builder shall make full payment for the remaining lot price (the EDA does not provide interim financing). To save time, Builder may begin the building permit application process before the closing date (see Section E, below). However, the permit will not be issued until Builder has closed on the lot. 7. No later than one year after its closing on the purchase of the lots, Builder must complete the building. D. Specifications. 1. Grading and Drainage. a) The elevation may be refined by Builder and EDA staff prior to issuance of the building permit. Upon completion of the final grade but prior to installing landscaping, EDA staff may require the Builder to submit an as-built survey to the Building Official showing the final grade elevations. b) Drainage from the building, driveway and any other structures shall be accommodated on the site so that water flow onto adjacent properties is minimized. If determined by the Building Official to be necessary, Builder will install rain gutters to direct roof runoff to minimize impacts on adjacent properties. Builder will restore any disturbed turf or landscaping. c) Builder will follow Best Management Practices to minimize erosion and runoff onto adjacent properties and public ways. At a minimum, Builder will install silt fencing or wattle logs, and a temporary rock construction entrance to prevent runoff silt from flowing onto the street or adjacent properties. These erosion control measures should be installed at the beginning of building construction as this is the first inspection completed by the Building Official. 2. Utilities. a) Utility meters shall be reasonably screened from street view; locations must be specified on the plans submitted with the building permit application. b) All utility service lines shall be underground. Utilities may locate necessary facilities such as pedestals or boxes in the street right-of-way or utility & drainage easements. c) Any expenses for connection of the building to utilities shall be the responsibility of Builder. Page 3 of 5 474751v3 CBR CR150-4 d) Municipal water. Municipal water is available by an 8” water main using an existing service stub. There are no WAC charges. See attachment C for utility locations. e) Municipal sanitary sewer. Municipal sanitary sewer is available in Welcome Avenue. See attachment C for utility locations. Builder must pay the Metropolitan Council Environmental Services (MCES) SAC charge at time of building permit approval. MCES has indicated that there are three demolition credits for the property. f) Private utilities, including but not limited to natural gas (Centerpoint Energy), electricity (Xcel Energy), telephone (CenturyLink), and cable television (Comcast), shall be connected underground only. g) Questions regarding municipal utilities should be directed to Engineering Project Manager Mick Cyert at 763.531.1161 or mick.cyert@crystalmn.gov. Questions regarding private utilities should be directed to the respective utility company. 3. Driveway. The EDA strongly prefers that vehicular access to garages or parking areas be exclusively via the alley, but will consider proposals with access from Welcome Avenue if necessary to achieve a high quality and functional design. If the proposal is for a two family dwelling with driveway access from Welcome Avenue, please note the following specific requirements for that scenario:  A hard surfaced driveway, with a concrete apron between the curb cut and the street right-of- way is required to provide access to the new building.  Driveway width shall not exceed 22 feet at the front lot line.  The building permit application must include a site plan showing the proposed driveway(s).  If a second curb cut is proposed from Welcome Avenue, the curb cuts and driveway approaches must be at least 10’ apart, and the total width of the curb cuts cannot exceed 40’. 4. General Construction Practices. The construction site, neighboring property and adjacent public streets shall be kept free of construction debris at all times, and Builder must have a construction dumpster to prevent debris from being scattered or blown around. No construction workers, construction equipment or construction material shall enter neighboring properties without said property owner's consent. 5. Building Standards. a) Compliance with Crystal City Code. b) Minimum required setbacks for any building are as follows:  Front/rear: 30’  Sides: 15’ City Code does have some limited exceptions to these setbacks, such as for bump-outs, porches, etc. Please contact Dan Olson at 763.531.1142 or dan.olson@crystalmn.gov if interested. c) Two-family dwelling. The following are design standards for a two-family dwelling: 1. Each unit shall have at least three bedrooms and two bathrooms. 2. It is desirable for each unit to have a full depth basement or a split level / garden level type of basement. At a minimum, the basement shall have at least one egress window and a rough-in for a future ¾ bath. Additional basement windows are desirable. Proposals without a basement will only be considered if the design is Page 4 of 5 474751v3 CBR CR150-4 targeted towards an accessible, one-level-living market niche and provides sufficient storage and flex space to make up for the lack of a basement. 3. Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stucco is encouraged. Fiber cement siding or wood siding with natural resistance to decay are encouraged but they must be properly stained or painted. Vinyl or other low maintenance siding materials are generally acceptable and can be made more desirable through the use of shakes, fish scales or other styles to break up the pattern. Hardboard panels or hardboard lap siding (commonly called Masonite) are not acceptable. 4. Each unit shall have a garage for at least two cars. 5. The design should emphasize the front door as the focal point for the front of each unit. A large and usable (minimum depth 6 feet) front porch is desired. Garage door dominance in design should be minimized as much as possible, such as by using separate doors for each stall. 6. Plans should present a balanced and pleasing distribution of wall an d window areas from all views. Blank walls are not permitted; each exterior wall shall have some windows. Corner rooms should have windows on both walls, if possible. To the extent that southern exposures are present, house designs are expected to enhance wintertime natural light and passive solar heating. 7. No equipment such as air-conditioning cooling structures or condensers that generate noise shall be located within a side setback, drainage & utility easement, or within 10 feet of living quarters located in a building on adjacent property. 8. The lot shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining property. The large arborvitaes along Welcome Avenue shall be removed from the property. At a minimum the following tree planting is required for each unit:  In the front yard, plant one large-species deciduous shade tree.  In any yard, plant one evergreen or ornamental tree. Attachment D is a listing of tree species allowed by the City. If Builder desires to close on the sale of the new building prior to completion and acceptance of the landscaping, the City may require that funds be escrowed by the Builder to guarantee that landscaping is completed in a timely manner after closing. d. Three to six unit building. If Builder proposes to construct a three to six unit building, Builder shall submit detailed site and building plans for a Planning Commission public hearing and City Council decision. The following are further requirements for this building type: 1. The EDA prefers that each unit have three bedrooms and two bathrooms, but will consider units with a lesser number of bedrooms and bathrooms if necessary to achieve the maximum density of 6 units on the site. 2. Two parking spaces shall be provided for each unit, one of which must be enclosed in a garage. Garages may be attached or detached. 3. Plans should present a balanced and pleasing distribution of wall an d window areas from all views. Blank walls are not permitted; each exterior wall shall have some windows. Corner rooms should have windows on both walls, if possible. To the extent that southern exposures are present, building design is expected to enhance wintertime natural light and passive solar heating. Page 5 of 5 474751v3 CBR CR150-4 4.Except for basement (garden level) apartments, each unit shall have a deck or patio. 5.The large arborvitaes along Welcome Avenue shall be removed from the property. At a minimum the following tree planting is required for the property: Plant two large-species deciduous shade trees. In any yard, plant four other trees from the city’s approved tree species list (attachment D). 6.Property Tax Status. The lot and the improvements thereon must remain on the property tax rolls, shall be classified as taxable residential property, and may not be reclassified in any way that makes it exempt from property taxes. E.Building Permit Application Process. When applying for a building permit to construct the new building, Builder will need to provide a complete building permit application, including the following items: Plans drawn by a licensed architect (3 copies) Land Survey (3 copies) with building elevations, drainage patterns and easements Energy Calculations For a two-family dwelling: Photo of the sign to be posted in accordance with City Code Section 403 Escrow form Questions regarding building permit forms, fees, inspections, etc. should be directed to the Administration counter (763.531.1000). The Building Official and City staff will review all plans to assure conformance with Builder's proposal, these Guidelines and the house plan approved by the City. If any element of the plan is in conflict with the above criteria, City staff will notify Builder of any conflicts and note which changes are required. Unless the modifications can be clearly indicated on the originally submitted plans, Builder shall submit revised plans for final approval by the Building Official and City staff. F.List of Attachments: A.Map and 2018 aerial showing location of subject property B.Property survey updated May 15, 2019 C.Utility locations D.List of trees species allowed for planting Site Location Map 4741 Welcome Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A A L L E YC o n c r e t e S l a b 31.8 9.2 36.39.3 Welcome Avenue NorthEAST 176.23 meas.S 00°51'09" E 79.96 measuredWEST 176.36 meas.176.55 platB i t u m i n o u sNo. 4733877.8877.3876.4875.5878.01 877.60 876.90876.97877.58878.07 B i t u m i n o u s 34"tree877.7Garage 1 - S - F r a m e N o . 4 7 4 9Chain LinkFencePowerPoleOverhead Wires Gas Meters877.9877.5877.0877.0877.2877.9876.9876.1877.9877.2875.5877.3877.0875.7878.0878.5877.1tcc 875.04 tcc 874.94 tcc 874.86 tcc 874.78 S0°52'31"E 79.96 meas.F:\survey\twin lakes addition-hennepin\104926\Survey Base.dwgBasis forbearings isassumedSurveyors Certificate000.0x000.0Denotes Wood Hub Set for excavation onlyDenotes Existing ElevationDenotes Proposed ElevationDenotes Surface DrainageDenotes Iron MonumentDenotes Found Iron MonumentDenotes Proposed ContoursDenotes Existing ContoursDrawn BySignedGregory R. Prasch, Minn. Reg. No. 24992Scale: 1" = 20'F.B.No.Project No.I certify that this survey, plan, or report was prepared by me or under mydirect supervision and that I am a duly Licensed Land Surveyor underthe laws of the State of MinnesotarevAddress:Legal Description7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.com78538a1049-26Existing Conditions Survey For:4741 Welcome Avenue NorthCrystal, MNSurveyed this 15th day of May 2019. CITY OF CRYSTAL Lots 3 and 4, except the South 40 feet thereof,Block 2, TWIN LAKE ADDITIONHennepin County, MinnesotaProperty located in Section9, Township 118, Range 21,Hennepin County, MinnesotaProperty Address: 4741 Welcome Ave. N.Crystal, Minnesota 55429Benchmark:Top nut of hydrant at the northeast corner of47th Avenue N. and Welcome Avenue.Elevation = 879.21 NGVD Attachment B !( !( !( !( "/ "/ "/ "/ ![ ![ X X X X X #V 280' N OF HYDRANT 361' N OF HYDRANT 442' N OF HYDRANT 527' N OF HYDRANT 564' N OF HYDRANT Welcome Avenue North48th Avenue North 162 220 72 37 285 47004755 4749 4741 4733 4725 4719475447484742473647304724 120 ´ 0 255075100 Feet K Legend ¬«Hydrants #V Water System Valves X Water Curb Stops WaterLateralLines Water Mains Sanitary Sewer Mains Owned By Crystal Other Private ![Sanitary Sewer Manholes Sewer Lateral Lines Storm Sewer Lines "/Storm Inlets !(Storm Manholes Attachment C Approved Tree List Common Name Botanical Name Common Name Botanical Name Accolade Elm Ulmus ‘Accolade’ Littleleaf Linden Tilia cordata American Hophornbeam (aka Ironwood) Ostrya virginiana Mugo Pine Pinus mugo American Larch Larix laricina Northern Catalpa Catalpa speciosa American Linden Tilia Americana Norway Spruce Picea abies American Sycamore Platanus occidentalis Ohio Buckeye Aesculus glabra Amur Chokeberry Prunus maackia Prairie Dream Paper Birch Betula papyrifera ‘Varen’ Amur Cork Tree Phellodendron amurense Prairie Expedition Elm Ulmus Americana ‘Lewis & Clark’ Amur Maackia Maackia amurensis Princeton Elm Ulmus Americana ‘Princeton’ Asian White Birch Betula playphylla Quaking Aspen Populus tremuloides Austrian Pine Pinus nigra Red Buckeye Aesculus pavia Autumn Splendor Buckeye Aesculus ‘Autumn Splendor’ Red Oak Quercus rubra Balsam Fir Abies balsamea Red Pine Pinus resinosa Black Hills Spruce Picea glauca River Birch Betula nigra Black Tupelo Nyssa sylvatica St. Croix Elm Ulmus Americana ‘St Croix’ Blue Beech (aka Musclewood) Carpinus caroliniana Scots Pine Pinus sylvestris Bottlebrush Buckeye Aesculus parviflora Silver Linden Tilia tomentosa Bur Oak Quercus macrocarpa Speckled Alder Alnus regosa Common Hackberry Celtis occidentalis Swamp White Oak Quercus bicolor Common Horsechestnut Aesculus hippocastanatum Sweet Birch Betula lenta Crabapple Malus spp. (disease-resistant spp.) Thornless Honeylocust Gleditsia triacanthus inermis Cucumber Tree Magnolia acuminata Tree Lilac Syringa reticulata Douglas Fir Pseudotsuga menziensii Triumph Elm Ulmus ‘Morton Glossy’ Downy Serviceberry (tree form) Amelanchier arborea (tree form) Valley Forge Elm Ulmus Americana ‘Valley Forge’ Eastern Hemlock Tsuga Canadensis White Oak Quercus alba Eastern Redbud (northern strain) Cercis Canadensis White Pine Pinus strobus European Hornbeam Carpinus betulus Yellow Birch Betula alleghaniensis Gingko (aka Maidenhair Tree) Ginkgo biloba (male tree only) Yellow Buckeye Aesculus flava Harvest Gold Mongolian Linden Tilia mongolica ‘Harvest Gold’ Yellowhorn Xanthoceras sorbifolium Hybrid Serviceberry (tree form) A. arborea x grandiflora (tree form) Yellowwood Cladrastus kentukea Katsura Tree Cerdidiphyllum japonicum Kentucky Coffeetree Gymnocladus dioicus Large-leaved Linden Tilia platphyllos Liberty Elm Ulmus Americana ‘Liberty’ Amended October 16, 2018 Attachment D 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 17, 2020 City Council Work Session Agenda July 21 2020 Immediately following the EDA meeting Council Chambers/Zoom Meeting 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 ______ p.m. on July 21, 2020 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Banks ____ Revering ____ Budziszewski ____ Gilchrist ____ Deshler ____ Hubbard ____ Kiser ____ LaRoche ____ Parsons II. Agenda The purpose of the work session is to discuss the following agenda item: 1. Public safety update. III. Adjournment The work session adjourned at ______ p.m. *Denotes no supporting information included in the packet. 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. CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and City Council Anne Norris, City Manager FROM: Stephanie K. Revering, Chief of Police DATE: July 10, 2020 SUBJECT: Police Reform MMEEMMOORRAANNDDUUMM The horrific death of Mr. George Floyd has caused police departments around the country to take a closer look at police policies, procedures, practices, and our community policing philosophies. A campaign called 8 Can’t Wait has identified 8 practices that can lead to 72 percent fewer police killings. Below is the list of the 8 practices and how the Crystal Police Department handles each item. 1. Ban Chokeholds: Our officers will not intentionally use airway choke holds to subdue or control individuals 2. Require De-escalation: Our officers will use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force. All of our officers attend de-escalation training in each calendar year. 3. Require warning before shooting: A verbal warning should precede the use of deadly force, where feasible 4. Require exhausting all alternatives before shooting: Our officers should use advisements, warnings, verbal persuasion, and other tactics and alternatives to higher levels of force 5. Duty to Intervene: Our officers have a duty to intervene to prevent the use of excessive force. Any officer present and observing another officer using force that is clearly unreasonable under the circumstances must, when in a position to do so safely, prevent the use of excessive force 6. Ban Shooting at a Moving Vehicle: 7. Use of Force Continuum: Our use of force continuum is in our policy manual and our officers shall limit their use of force to the least amount of force reasonably necessary to accomplish their intended objective, to overcome the resistance encountered, and to protect the safety of others. 8. Require Comprehensive Reporting: Any use of force that occurs by a member of our police department is documented promptly, completely, and accurately in their report. The supervisor shall review the use of force report to ensure compliance with the policy and to address any training issues. With that said, we need to do a better job at expanding the scope of the data we are collecting and are looking at more comprehensive ways to distribute the information. For example, the City of Columbia Heights distributes an annual Use of Force Report to its residents, we are currently researching best practices and how to implement this in our department. To see our specific policies please visit our website as the entire policy manual is located at www.crystalmn.gov under the police tab (which has been on our website since 2012). Community Policing Philosophy As you are aware, we at the Crystal Police Department serve all residents with compassion, integrity, and professionalism and we adhere to a high standard of community policing. We hold ourselves to that high standard because we truly are servants to our residents and expect our officers to adhere to serving our community with dignity and respect. Below is a list of items that we are currently practicing, along with a list of items that we are researching and hopefully will implement in the near future. Current Items: -Participate in the Joint Community Police Partnership Program along with 6 other cities in Hennepin County. We have an on-site, embedded liaison from Hennepin County who works with our diverse population to bridge the gap between police and our residents of color. We also hold a Multi-Cultural-Advisory Committee (MAC) meeting monthly where people who live, work, or worship in or around Crystal attend along with officers to discuss the current needs of our residents and police department. This committee advises the police department on what they would like to see from our officers and staff. -Cadet Program We want to make sure that our department represents our diverse population. We hire cadets who are seeking a job in policing and who are people of color. The City of Crystal provides the Cadet with training, mentoring, tuition for education, and equipment. -Citizens’ Police Academy Since 2008, our police department has partnered with the cities of New Hope and Robbinsdale and hosts an academy for our residents so they can see what it is their police departments do on a regular basis. It is 6 weeks long, once per week. -We partner with the Adult Academic Education Center who serves our immigrant population. We have many classes with the students to tell them what they need to know about our police department and what policing is and how we function in the United States. -We have participated in 2 community forums to discuss police issues (in 2019). And we will continue to hold these forums every year. -Several community events (i.e. Coffee with a Cop, Cone with a Cop, MN Night to Unite, etc.) Researching Items: -We currently have many items on our website showing transparency, however, you have to click many different buttons to retrieve the data you may be looking for. We are researching and will implement this change soon. -Our policy manual is a fluid, working document. We are constantly reviewing policies and procedures and will continue to do so over the next several weeks, months, and years. Specifically, with regards to our Use of Force Policy, we will be adding additional language and providing training. -Use of Force Data Collection: We are currently reviewing how we track our use of force cases and will most likely need to broaden the information we are currently collecting. We will also need to broaden the scope of the use of force and provide that data in an annual document starting in 2021. -Traffic Stop Data Collection: We are currently researching how to collect data with regards to race on traffic stops. With that said, it would be helpful to all law enforcement agencies if the State of MN required a person’s race on the back of their driver’s license so that every agency is collecting the data in the same way throughout the entire state. -Community Meetings: As we have done for the past many years, we will continue to have meetings with any of our residents who want to discuss police practices and how their police department functions. I put this under the “researching items” category because this is also a fluid, working item that happens continuously throughout the year. Conclusion: We can’t thank you enough for your continued support of our police department. Please know that we are committed to working with our community and stakeholders to better serve them and to ensure that our officers receive the necessary training to prevent biased policing and inappropriate use of force and are held accountable when they happen. I urge you to reach out to me with any questions, concerns, or comments you may have and please tell your constituents to do the same. Thank you. Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: V Address: �"r� 1,��' rl 'mot' '��Oilc- Zip Code:,Zi Date:,`.. �:�� j o O 4 Day Phone (optional):R Email (optional): }` ` + l r* )" !-. Thank you for your attendance and participation. 6)