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2022.07.19 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 15, 2022 City Council Meeting Schedule Tuesday, June 19, 2022 Time Meeting Location 6 p.m. City Council work session to discuss: 1. Draft Blue Line Extension resolution. 2. Regulation of cannabis edibles. 3. Unified Development Code amendments. 4. City manager monthly check-in. 5. Constituent issues update. 6. New business. 7. Announcements. Council Chambers/ Zoom 7 p.m. City Council meeting Council Chambers/ Zoom Immediately following the City Council meeting Continuation of City Council work session, if necessary Council Chambers/ Zoom The public may attend the meetings via Zoom by connecting to them through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting, continuation of City Council work session, if necessary. Time: July 19, 2022 6 p.m. Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88129775765?pwd=Mk1idDgxUWpEcGRhN29MWmpKN2Ridz09 Meeting ID: 881 2977 5765 Passcode: 414141 One tap mobile +19292056099,,88129775765#,,,,*414141# US (New York) +13017158592,,88129775765#,,,,*414141# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 444 9171 US Find your local number: https://us02web.zoom.us/u/kdy3S9mfXT Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 15, 2022 City Council Work Session Agenda Tuesday, July 19, 2022 at 6 p.m. Council Chambers/Zoom 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 on Tuesday, July 19, 2022 at _____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda items are not completed in time for the regular City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, July 19, 2022. I. Attendance Council members Staff ____ Adams ____ Norris ____ Sutter ____ Banks ____ Therres ____ Serres ____ Budziszewski ____ Gilchrist ____ Cummings ____ Elholm ____ Kiser ____ Larson ____ LaRoche ____ Ray ____ Parsons ____ Revering II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Draft Blue Line Extension resolution. 2. Regulation of cannabis edibles. 3. Unified Development Code amendments. 4. City manager monthly check-in. 5. Constituent issues update. 6. New business. * 7. Announcements. * 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. Page 1 of 2 To: Mayor and Council CC: Anne Norris, City Manager From: John Sutter, Community Development Director Date: July 1, 2022 Subject: Proposed resolution requesting alternatives to be included in the environmental review for the Blue Line Extension On June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report for the Blue Line Extension to run in the median of Bottineau Boulevard through Crystal, with a station at Bass Lake Road. Prior to this, the city’s elected officials, staff and community members have provided feedback through multiple channels and venues. The two dominant concerns are the vehicular mobility impacts of reducing Bottineau Boulevard from six lanes to four, and public safety concerns in and around the Bass Lake Road station including the proposed interchange. With approval of the Route Modification Report, the project now moves into the Environmental Review and Municipal Consent phases. A Municipal Consent vote is anticipated 9-12 months from now. Staff opinion is that the city should formally request that certain alternatives be included in the environmental review: 1. No Build alternative reflecting maintenance of existing conditions. 2. Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3. Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. Memorandum Page 2 of 2 For each of these alternatives, the environmental review process would identify impacts and potential mitigation measures. It is important to note that the impacts and mitigation may or may not support a particular alternative, and there will be trade-offs. For example, either of the six lane alternatives would presumably have less impact on vehicular mobility than the project’s preferred four lane alternative, but would require widening the roadway footprint which in turn may require mitigation measures. Ultimately it will be up to the City Council to decide which alternative (if any) receives an affirmative municipal consent vote. Staff recognizes that there is a mix of opinions about the project in general and design options in particular. Our goal is to ensure that the Council has the information it needs to take an informed municipal consent vote in 2023. To that end, staff will place the attached resolution on the July 19 City Council agenda. If you have questions or would like to request that this be added to an upcoming work session agenda for Council discussion, please Anne know. Thank you. Page 1 of 2 CITY OF CRYSTAL RESOLUTION NO. 2022 - __ REQUEST FOR INCLUSION OF ALTERNATIVES IN THE ENVIRONMENTAL REVIEW FOR THE METRO BLUE LINE EXTENSION WHEREAS, the City of Crystal (“City”) has long been underserved by the regional public transit system, with limited access to jobs and services in adjacent communities; and WHEREAS, the City desires improved and expanded transportation options and connections for its residents, businesses, institutions and visitors; and WHEREAS, the City has actively participated in efforts to bring high-frequency transit service to the northwest suburbs, including the proposed Metro Blue Line Extension (“the Project”); and WHEREAS, the Project has developed conceptual layouts for the Project, specifically, at grade in the median of Bottineau Boulevard, and city staff, the Mayor and City Council, and community members have provided input as requested by Metro Transit and Hennepin County; and WHEREAS, on December 13, 2021, Metro Transit and Hennepin County released the Draft Route Modification Report; and WHEREAS, on January 18, 2022, the Crystal City Council adopted Resolution 2022-12 commenting on the draft Route Modification Report, including the planned reduction of the number of traffic lanes in the Crystal segment from six to four and replacement of the intersection of Bottineau Boulevard and Bass Lake Road with a grade-separated interchange; and WHEREAS, on June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report; and WHEREAS, with this approval, the Project now moves into the Environmental Review and Municipal Consent phases; and WHEREAS, it is in the best interest of the City to formally request inclusion of certain alternatives in the Environmental Review to inform the City Council’s anticipated Municipal Consent vote in 2023. NOW, THEREFORE, BE IT RESOLVED that, in addition to the alternatives shown in the conceptual layouts previously provided to the City and described in the Route Modification Report, the City Council requests inclusion and analysis of the following alternatives in the Environmental Review for the Project: Page 2 of 2 1. No Build alternative reflecting maintenance of existing conditions. 2. Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3. Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. BE IT FURTHER RESOLVED that inclusion of these alternatives in the Environmental Review is essential for the City Council to consider an affirmative Municipal Consent vote on the Project. Adopted by the Crystal City Council this 19th day of July, 2022. _______________________________ Jim Adams, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 1 DOCSOPEN\KG400\1\808498.v1-7/7/22 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D To: Anne Norris, City Manager From: Troy Gilchrist, City Attorney Joseph L. Sathe, Assistant City Attorney Date: July 8, 2022 Re: Regulation of THC Products This memorandum provides information on ways the city can potentially regulate the newly legalized products that contain up to 5mg of tetrahydrocannabinol (“THC”) derived from certified hemp. This memo does not address local government enforcement of the requirements of the law legalizing these products, Minnesota Statutes, section 151.72 (the “Act”). I. BACKGROUND Beginning on July 1, 2022, it became legal to sell certain products containing delta-9 THC (“THC Products”) in Minnesota. The Act allows THC Products to be sold if certain requirements are met including that there are not more than 5mg of THC per dose and 50mg of THC per container; the purchaser is at least 21 years old; and the products are not marketed towards children. The Minnesota Board of Pharmacy (“Board”) is the state agency with oversight of THC Products. There is currently no state-level license required in order to sell THC Products and the Board does not test or approve products prior to their sale.1 II. REGULATIONS The Act neither explicitly allows nor explicitly prohibits local regulation of the sale of THC Products. Therefore, to determine whether a municipality has the authority to regulate the sale of THC Products, the municipality must have the authority to regulate the sale of THC products and must not be preempted by state law. 1 Hemp Derived Products Frequently Asked Questions, page 5 2 DOCSOPEN\KG400\1\808498.v1-7/7/22 A municipality could rely upon its general police and general welfare power to regulate the sale of THC products. The two most applicable avenues through which the municipality can regulate the sale of THC Products is through its licensing or zoning authority. A. The Act Does Not Expressly Preempt Local Regulation The Act does not expressly require a city to allow the sale of THC Products, nor does it restrict a city’s ability to regulate such facilities through additional zoning or licensing requirements. Nevertheless, a city cannot enact a local regulation if it conflicts with state law or if the state law fully occupies a particular field of legislation so that there is no room for local regulation. Any regulations would need to be drafted to not create an irreconcilable conflict with state law, be merely additional and complementary or in aid and furtherance of the Act and meet specific requirements of either licensing or zoning regulations. Two recent Minnesota Supreme Court cases indicate a deference for local ordinances that provide greater protections than state statutes.2 Additional licensing and zoning requirements adopted for the purpose of protecting the general welfare and ensuring the sale of THC Products are being conducted in accordance with the Act, including that THC Products are not being sold to individuals under the age of 21, for example, would be considered greater protections that those included in the Act. B. Licensing A city may license a business or activity, either (1) when expressly allowed to do so by state statute; or (2) when implied by statute, such as when a license is necessary for a city to perform its general statutory powers (like preventing public nuisance or protecting the general welfare). Since there is no express authority for a city to license a business selling THC Products the city must look to an implied authority. The authority granted under the “general welfare” clause allows a city to provide “for the suppression of vice and immorality, the prevention of crime, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem expedient.”3 The Act contains very little regulatory structure, consumer protection, or general control of the sale of THC Products. The City very clearly has an interest in ensuring the THC Products are being sold in the manner provided for in the Act, and individual cities may each want to study the impact of the sale of THC Products in each community and determine what additional regulation is warranted to protect the general welfare of the City. 2 See Minnesota Chamber of Commerce v. City of Minneapolis, 944 N.W.2d 441 (Minn. 2020); and Graco v City of Minneapolis, 937 N.W.2d. 756 (Minn. 2020). 3 Minn. Stat. 412.221, subd. 32 3 DOCSOPEN\KG400\1\808498.v1-7/7/22 A licensing ordinance must be reasonable in its terms and conditions and cannot place unnecessary, unreasonable, or oppressive restrictions that conflict with the state or federal constitution. A licensing ordinance could include application requirements such as: • terms; • qualifications; • bond and insurance requirements; • hours of operation; • reasons for denial, including no criminal conviction or license revocations related to controlled substances; • revocation and suspension of license; • transferability; license fees; • limiting the number of licenses; • Requiring licensees to ID purchasers; • Requiring THC products to be sold from behind a counter; and • Identify how the city will conduct compliance checks. C. Zoning Zoning controls generally relate to uses of property and not the sale of individual products , so using the city’s zoning authority alone may not be an effective way to regulate the sale of THC Products. However, cities have used a combination of zoning and licensing provisions to regulate the sale of THC Products. i. Outright Prohibition A city could probably prohibit the sale of THC Product sales if it establishes an appropriate use, has legitimate planning and zoning grounds for the ban. There is no “right” to sell THC Products and cities have broad discretion in establishing zoning requirements. An outright ban would likely need to be combined with other general business regulations (e.g., licensing) since the sale of THC Products is currently not a primary use of land but can be sold at any retail store. ii. Expressly Authorize THC Product Sales The city could expressly authorize THC Product sales at dedicated locations, establish the sale of THC Products as a dedicated permitted or conditional use, and consider imposing additional regulations on those operations that it does authorize. If the City chooses to authorize some uses, it should make clear that unauthorized uses are not permitted. Some examples of additional regulations might include: • Restricting such uses to certain zoning districts; • Capping the total number of THC-related land uses within the City or within certain zoning districts; • Requiring that THC-related facilities not produce noxious odors; 4 DOCSOPEN\KG400\1\808498.v1-7/7/22 • Requiring a minimum distance from certain land uses in addition to schools, such as child- care facilities; places of worship and other religious institutions; health care practitioners. and chemical dependency, alcohol and drug treatment facilities; • Requiring a minimum distance between other THC-related uses; • Requiring a minimum distance from liquor stores and bars; and • Additional restrictions on signage and advertising. Instead of including these traditional zoning provisions in the zoning code, the City could consider including similar provisions as part of a licensing regulatory scheme (e.g., only issue a license to an THC Product business that is located within particular zoning districts). This approach would be more appropriate if the City chooses not to require THC Product sales at dedicated business locations. V. MORATORIUM/INTERIM ORDINANCE A city may establish a moratorium on the sale of THC Products. Cities have the authority to place moratoria on zoning matters for up to one year under Minnesota Statutes, section 462.355, subd. 4. Cities have also relied on their police power to enact moratoria on other issues regulated by the city so long as a moratorium is limited in duration and enacted in good faith and without discrimination.4 Generally, to be able to establish a moratorium, a city will first establish that the subject of the moratorium is something that is within the scope of its regulatory authority. The ordinance establishing the moratorium would authorize a study to explore the regulatory options, determine whether local regulation is desirable, and, if so, time to draft and adopt those regulations. During the period of study, the ordinance would prohibit the sale of THC Products. Once the ordinance ends, sales would then be subject to whatever regulations the city enacted (if any) prior the end of the moratorium. In no case would a moratorium extend for more than one year. IV. CONCLUSIONS The state law legalizing the sale of THC Products includes minimal regulation and cities are left to establish individual regulations that can be tailored to the local needs of the community. The City could choose to use its licensing and/or zoning authority to restrict the sale of THC Products, and/or could issue a moratorium on the sale of THC Products to study the impacts of THC Product sales and develop appropriate restrictions. A comprehensive approach to regulating THC Products will likely include both licensing and zoning aspects to ensure sales are in compliance with state law and any locally established regulations as well as regulating where within the City products can be sold. 4 Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976). 5 DOCSOPEN\KG400\1\808498.v1-7/7/22 It is also important to keep in mind that the Minnesota Legislature may act, either during a special or regular session, to regulate the sale of THC Products which could impact how the city is able to regulate THC products. UDC AMENDMENTS PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner TO: Anne Norris, City Manager (for July 19 Council Work Session) DATE: July 14, 2022 RE: Discuss Miscellaneous amendments to the Unified Development Code __________________________________________________________________________ A.BACKGROUND Staff is requesting City Council discussion of proposed amendments to the unified development code (UDC). The proposed amendments are correctio ns or clarifications, brought about by administering the UDC’s requirements. Attachment: A.Proposed UDC amendments B.PROPOSED AMENDMENTS 1.Front lot line. State that if the building faces an interior lot line for a through lot, the zoning administrator has authority to determine which is the front lot line. 2.Specialized care facility. Delete the term “housing with services establishment” since that phrase was replaced in 2021 with “assisted living facility” by the MN Dept. of Health. 3.Subdivision regulations. Clarifies that a subdivision review by the city only includes Common Interest Community (CIC) plats that divide the land into two or more lots (not merely a division of ownership). 4.Type 1 review procedure. Clarifies that the zoning administrator may be assisted in application review by other city staff, as is done for type 2 and 3 procedures. 5.Site plan review. Requires only a type 1 review procedure for a building replacement on the same footprint and height as the original building. 6.Timeline for building permit submittal. Clarifies that an applicant has one year to submit a building permit application after site plan or CUP approval. 7.Ground floor height. Clarifies that the height requirement for a ground floor in the town center zoning districts is greater only if a non-residential use is proposed for that floor. 8.Façade glazing. Clarifies that the percentage requirement for ground floor glazing in the town center zoning districts is greater only if a non-residential use is proposed for the ground floor. COUNCIL STAFF REPORT Discuss UDC amendments UDC AMENDMENTS PAGE 2 OF 3 9.Street/pedestrian locations. Clarifies that new connections in the town center districts can be either street or pedestrian connections and do not need to be city streets. 10.Floor area for alcohol sales in restaurants. Since the limitation is rarely, if ever, exceeded, this amendment deletes the limitation for the amount of floor space devoted to on-sale liquor, wine or beer. 11.Building signage. Requires directional signage at the public street if a multi-family dwelling also has alley access. 12.Waste container enclosure. Requires waste container enclosures, such as dumpster enclosures. Use-specific standards are found in the screening requirements of the UDC, except for one and two family dwellings. 13.Garage size. To ensure that a garage is large enough for a vehicle, this amendment sets a minimum standard for a garage size. In addition the requirement to have a concrete floor for a garage or carport is moved from general accessory building requirements to the specific requirements for garages and carports. 14.Outdoor dining and sales. Clarifies that a CUP is only required if the duration exceeds the limits for a temporary use. 15.Measuring distances. Clarifies the requirements for measuring distances (rounding). 16.Building setbacks. Reduces the required setback from 15 to 10 feet for the interior side yard in the R-2 district and for the corner side yard in the commercial and industrial districts. 17.Tree size requirements. Reduces the minimum size for newly planted trees from 2 to 1.5 inches. 18.Parking lot screening. Those parking lots set back a significant distance from the street and that are not adjacent to a residential use would not be subject to screening requirements. 19.Landscaping requirements. Clarifies the gross area of a parking lot and to correct an internal inconsistency relating to tree size requirements. 20.Roof-mounted mechanical equipment. Exempts one and two family dwellings from screening requirements for rooftop mechanical equipment. 21.Parking calculation. Clarifies the procedure to round up or down when calculating the minimum or maximum number of parking spaces for a property. 22.Driveway access for parking lots. Clarifies that the requirement to set back a parking lot feature is only applicable on busier streets (collector or arterial streets). 23.Compact vehicle spaces. Removes the minimum number of compact parking spaces for larger parking lots, while retaining the maximum number. 24.Civil engineer. Allows for a civil engineer, in addition to a transportation engineer, to prepare a parking study. 25.Street frontage requirements for subdivisions. Clarifies that access to a lot may be from an improved alley. 26.Alley requirements for subdivisions. Clarifies the requirements for new alleys. 27.Sign code. Clarify the city’s practice of not requiring a sign permit for a menu board sign, and to allow greater height limits for commercial monuments signs. UDC AMENDMENTS PAGE 3 OF 3 C. PROPOSED SCHEDULE FOR ADOPTION The following is the proposed schedule for adopting a new ordinance: August 8 Planning Commission public hearing August 16 Council considers first reading of ordinance September 6 Council considers second reading and adoption Sept. 15 Summary of ordinance published Oct. 15 Effective date of ordinance Staff will publish a hearing notice in the Sun Post newspaper and post the notice on the city’s website and social media. D. REQUESTED ACTION Staff requests Council discussion and direction to staff regarding these proposed ordinance amendments. The next step would be a Planning Commission public hearing, discussion and recommendation on the amendments, followed by Council action. 7 CR225-464-620540.v5 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one family dwelling to which it is accessory to and subordinate in size. An accessory dwelling unit may be within or attached to the one family dwelling, or in a detached accessory building on the same lot. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, chapter XI. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords provides a secondary means of access to abutting property. Subd. 8. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 9. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. Subd. 10. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for the owner, including a subdivider, developer, attorney, or similar representative who has filed an application for development or sign approval with the city. Subd. 11. Application. “Application” means the process by which the owner, or their agent, of a parcel of land within the city submits a written request for any type of development or sign approval. Subd. 12. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects Attachment A 14 CR225-464-620540.v5 development standards for loading spaces shall only apply to those areas of at least ten feet in width, 30 feet in length and having a vertical clearance of at least 14 feet. Subd. 90. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 91. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. Figure 2: Illustration of lot configuration Subd. 92. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 93. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 94. Lot, through. “Lot, through” means a lot abutting on more than one street but not situated at an intersection of streets (see figure 2). Subd. 95. Lot, through corner. “Lot, through corner” means a lot abutting on more than one street and situated at more than one intersection of streets (see figure 2). Subd. 96. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 97. Lot depth. “Lot depth” means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries. Subd. 98. Lot line, front. “Lot line, front” means the boundary of a lot that abuts a public street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the zoning administrator. On a through lot or through corner lot, the lot line for which the principal building is facing shall be the front lot line (see figure 3), except that if the building will face an interior lot line, the zoning administrator shall have authority to determine the front lot line. 21 CR225-464-620540.v5 (m) Marquee sign. “Marquee sign” means any building sign painted, mounted, constructed or attached in any manner, on a marquee. (n) Monument sign. “Monument sign” means any sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. (o) Nonconforming sign. “Nonconforming sign” means any sign and its support structure lawfully erected prior to the effective date of this UDC which fails to conform to the requirements of this UDC. A sign which was erected in accordance with a variance granted prior to the adoption of this UDC and which does not comply with this UDC shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. (p) Off-premise sign. “Off-premise sign” means a commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not located on the same premises where such business sign is located. For the purposes of this UDC: (1) A freestanding, monument of or pylon sign shared by adjacent property owners shall not be considered an off-premise sign. (2) Easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. (q) On-premise sign. “On-premise sign” means a sign that pertains to the use of the premises or the property on which it is located. (r) Pole sign. “Pole sign” means a sign which has the same meaning as pylon sign (see definition). (s) Portable sign. “Portable sign” means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. (t) Projecting sign. “Projecting sign” means any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 15 inches beyond the surface of such building or wall face. A projecting sign is also a sign located above or below a canopy or marquee. (u) Pylon sign. “Pylon sign” means any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. (v) Roof sign. “Roof sign” means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (w) Rotating sign. “Rotating sign” means a sign or portion of a sign which turns about on an axis. (x) Sandwich board sign. “Sandwich board sign” means a moveable sign not attached to the ground and constructed in such as manner as for form an “A” or a tent-like shape, hinged or not at the top, each angular face held at an approximate distance by a supporting member. 22 CR225-464-620540.v5 (y) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (z) Small sign. “Small sign” means a single sign six square feet or less in size. (aa) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (bb) Vehicle sign. “Vehicle sign” means any sign exceeding 10 square feet in sign area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right- of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors: (1) The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; (2) The vehicle on which the sign is displayed is inoperable; (3) The vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot; (4) The vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or (5) The vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis. (cc) Wall sign. “Wall sign” means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. A wall sign is also a sign installed on the face of a canopy or marquee, but not extending beyond the face. Subd. 158. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. Subd. 159. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 160. Specialized care facilities. “Specialized care facilities” means any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for treatment and in-patient care, such as nursing homes, assisted living facilities, memory care facilities, housing with services establishments, and hospices. This does not include senior housing or the residence of any individual who cares for another family member. Subd. 161. Start of construction. “Start of construction” means in relation to the floodplain overlay district, start of construction includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of 23 CR225-464-620540.v5 columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Subd. 162. Stealth. “Stealth” means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. Subd. 163. Street. “Street” means a public right-of-way greater than 30 feet in width platted or dedicated for the purpose of accommodating vehicular traffic or providing principal access to abutting property. An alley is not a street. Subd. 164. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 165. Subdivision. “Subdivision” means as a verb, the term means the process of separating a parcel of land for the purpose of building or conveyance into two or more lots, including the division of previously subdivided property. As a noun, the term means the product resulting from the separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 166. Substantial damage. “Substantial damage” means in relation to the floodplain overlay district damage of any origin sustained by a structure where the cost of restoring the structure to it’s before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Subd. 167. Substantial improvement. “Substantial improvement” means in relation to the floodplain overlay district within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 168. Survey, certified. “Survey, certified” means a scaled drawing prepared by a registered land surveyor of a property indicating the location and dimensions of property lines, and if appropriate the location and dimensions of existing and proposed buildings. A survey typically depicts a parcel’s legal description and may also show additional information such as topographic data and the location of recorded easements. 32 CR225-464-620540.v5 Table 1: Development Review Procedures Type 1 Zoning Administrator Type 2 Planning Commission and Council Type 3 City Council Decision Recommend & Decision Decision Zoning Certificate X Site Plan Review X [1] X [1] Conditional Use Permit X Adjacent Parcel Land Conveyance X Lot Consolidation X Subd.– Prelim. Plat X Subd. – Final Plat X Comp Plan Amendment X Rezoning or Text Amend. X Variance X Appeals X Note: 1. A site plan review application is subject to either a Type 1 or Type 2 review, dependent upon the criteria in the Crystal city code, subsection 510.13. Subd. 3. Review procedures. (a) Type 1 review procedure. Type 1 review procedure decisions are made by the zoning administrator without public notice and without a public hearing. (1) Application submittal. The applicant shall submit a complete application to the zoning administrator in accordance with the Crystal city code, subsection 510.09. (2) Action by the zoning administrator. The zoning administrator may consult with other city staff on the application and shall render a decision to approve or deny an application in accordance with the timelines contained in this UDC. The zoning administrator shall provide a written decision on the application, delivered to the applicant. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 36 CR225-464-620540.v5 (b) If landscaping is required as part of the zoning certificate approval, and the applicant is not able to install the landscaping prior to or concurrent with the issuance of the certificate of occupancy, the applicant shall submit a cash escrow to secure the completion of the landscaping. Subd. 5. Expiration. (a) A zoning certificate shall become void after one year from the date of issuance approval unless the applicant has applied for if a building permit that is subsequently has not been issued. (b) The zoning administrator may approve one extension of not more than one year. 510.17. Site plan review. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re-constructed, enlarged, or structurally altered, nor shall any land be used, excavated or improved until a site plan is approved. Subd. 2. Approval procedure. A site plan review application shall be submitted to the zoning administrator in accordance with the application criteria of this UDC. If an applicant is submitting a conditional use permit application as provided in the Crystal city code, subsection 510.19, the conditional use permit and site plan review application shall be reviewed concurrently without the need for an additional application fee. (a) Site plans for the following construction requires approval of a zoning certificate review subject to a Type 1 review procedure as established in this UDC: (1) Additions to multiple-family dwellings or nonresidential buildings of less than 50 percent of the building footprint. (2) Industrial or commercial uses with outdoor storage of parts, products or fuels. (3) Telecommunication towers in the industrial district. (4) Replacement of a multi-family dwelling or nonresidential building on the same footprint and with the same height with no other site changes requested. (b) Site plans for the following construction requires approval through a Type 2 review procedure as established in this UDC: (1) New multiple-family dwellings of three units or more; (2) New nonresidential structures; (3) Additions to multiple-family dwellings or nonresidential structures of greater than 50 percent of the building footprint; (4) New parking ramps or structures. (c) Approval criteria. No site plan review application shall be approved unless it meets the following criteria: (1) It fully complies with all applicable requirements of this UDC; 37 CR225-464-620540.v5 (2) It adequately protects residential uses from the potential adverse effects of a non-residential use; (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. (1) After a site plan has been approved through a Type 2 procedure, the applicant may request approval of adjustments or rearrangements of buildings in the course of carrying out the plan. If the amendment involves changes to 10 percent or less of the original floor area, not to exceed 500 square feet, the zoning administrator may approve the amendment after a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. If the amendment involves changes greater than 10 percent of the original floor area or exceeds 500 square feet, the amendment will be subject to a Type 2 review procedure. (2) The zoning administrator may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting, surface water management plans, or similar modifications subject to a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. (e) Effect of city council decision of site plans approved through a Type 2 procedure. (1) Site plan approval shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. (2) The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (i) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (ii) The anticipated completion date. (3) If required as a condition of approval of the site plan, the applicant shall sign a site improvement agreement with the city prior to the expiration date to guarantee completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence to secure the completion of the improvements. Upon completion of the work and acceptance by the city, the escrow deposit shall be released, except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 39 CR225-464-620540.v5 a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 7. Effect of city council decision. (a) A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. (b) If a site plan was approved as part of the conditional use permit, the permit shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (c) An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. (d) If required as a condition of approval of the site plan for the conditional use permit, the applicant shall sign a site improvement agreement with the city prior to the expiration date to secure the completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence. Upon completion of the work and acceptance by the city, the escrow deposit shall be released except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 510.21. Adjacent parcel land conveyance. Subd. 1. Purpose. The purpose of the procedure is to allow for the adjustment of lot lines which are the result of a conveyance of small, non-buildable areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a subdivision plat. Any such adjustments which are approved pursuant to this subsection shall be exempt from both the lot consolidation provisions of the Crystal city code, subsection 510.23 and the provisions applicable to subdivisions in the Crystal city code, subsection 510.25. Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a lot is conveyed to an adjacent lot resulting in an adjustment to the lot line. Subd. 3. Approval procedure. An adjacent parcel land conveyance shall be subject to the Type 1 review procedure. 50 CR225-464-620540.v5 Figure 7: Illustration of required building street frontages (2) Building height. Maximum building height requirements are shown in Crystal city code, subsection 520.03. (i) The following are additional height requirements. (a) Story height. Stories above the ground floor are limited to 12 feet in height. Stories are measured from finished floor to finished ceiling. (b) Ground floor height. If the ground floor has a non-residential use, the Ground ground floor height shall be no less than 12 feet in height, but not more than 20 feet. Ground floor height above 20 feet counts as an additional story. (c) Shadow effects study. If a proposed building is located within 75 feet of the property line of a residential use, the applicant shall submit a shadow effect study to determine any negative shadow impacts to those uses. If negative impacts are determined, the city may require design techniques to mitigate the impacts, such as reducing the height of the building, relocating or reorienting the building within the site, reducing building mass, or stepping-back a portion of the building. (d) Proximity to Crystal Airport. Buildings shall comply with Crystal city code, subsection 520.01, subdivision 5(c) for construction near the Crystal Airport. (ii) Exceed height limitations. The city may, in its discretion, allow buildings to be constructed to a height of eight stories or 100 feet, whichever is less, upon consideration of the following factors. (a) Shadow effects. Shadow effects from the taller building will not have significant negative impacts on neighboring properties. A shadow effects study may be required by the city to document these impacts. (b) Building massing. The dimensions of the taller building are not disproportionately larger than neighboring buildings. 51 CR225-464-620540.v5 (c) Views. The taller building will not have significant negative impacts to the views of Becker Park by neighboring properties. (3) Building facades. Building facades shall meet the following requirements. (i) Building articulation. Buildings exceeding 50 feet in width along a street shall incorporate articulation in street-facing facades to break down the scale of large buildings and create visual interest. Techniques to incorporate articulation include stepping back or extending forward a portion of the façade, using different textures or contrasting but compatible materials, dividing the building into storefronts with separate display windows and entrances, use of awnings, balconies, or similar ornamental features, or varying the roofline to reinforce the articulation of the primary façade (see Figure 8). Figure 8: Illustration of techniques used to break down the scale of large buildings (ii) Facades facing Becker Park. For those buildings having facades facing Becker Park, the façade facing the park shall be of similar or compatible quality, design and materials as the primary building façade. (iii) Façade glazing. Façade glazing for buildings at the street frontages shall meet the following minimum requirements. (a) Minimum area requirements. If The the first ground floor has a non-residential use, that floor shall have a minimum glazing of 50 percent and upper floors shall have a minimum glazing of 30 percent. If the building does not have a non- residential use, all floors shall have a minimum glazing of 30 percent. (b) Tinted and reflective glass are prohibited. (c) At least 30 percent of the façade glazing area shall remain free of signage or other opaque materials. (iv) Prohibited. Satellite dishes and heating, ventilation, and air conditioning equipment (HVAC), except for wall vents, are not permitted on the primary building façade. (v) Building entries. 52 CR225-464-620540.v5 (a) Primary building entry. A functioning primary building entry shall be provided on the primary building façade. This entry shall be clearly defined by means of a canopy, portico, recess, or similar architectural elements (see Figure 9). Figure 9: Illustration of clearly defined building entries (b) Secondary building entry. A functioning secondary building entry shall be provided on the primary building façade for buildings exceeding 60 feet in width. (4) New street or pedestrian locations. To create better connected streets when redevelopment occurs in the TC district, new streets or pedestrian connections shall be constructed in the locations shown in Figure 10. If the street is not a public street, a mutual access agreement will be required by the city to ensure public access in the same manner as a public street. The city will consider alternate street locations that achieve this intent. Figure 10: Location of new street or pedestrian connections in the TC district Subd. 6. I Industrial District. 71 CR225-464-620540.v5 (c) Building design. All new buildings within the TC-PD district shall adhere to the TC district site development standards for building placement, height and facades in the Crystal city code, subsection 515.05, subdivision 5. (d) Parking. The development shall provide parking according to the requirements in the Crystal city code, subsection 520.15, subdivision 6. If the applicant desires to alter the number of required parking spaces through the TC-PD approval process, the following information shall be submitted: (1) Number of customers, patients, visitors, residents, or other patrons of the proposed use. Information shall also be included detailing the expected parking behavior of these people (i.e., how long a customer may be at the facility); (2) Number of full-time and part-time employees; (3) Number and approximate timing of deliveries; and (4) Such other information as may be requested by the city to determine that sufficient parking is provided for the proposed use. (e) Minimum green space. The minimum green space requirement in the TC-PD district is the same as the TC district. (f) New street or pedestrian locations. To create better connected streets when redevelopment occurs in the TC-PD district, new streets or pedestrian connections shall be constructed in the locations shown in Figure 11. If the street is not a public street, a mutual access agreement will be required by the city to ensure public access in the same manner as a public street. The city will consider alternate street locations that achieve this intent. Figure 11: Location of new street or pedestrian connections in the TC-PD district 75 CR225-464-620540.v5 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 C TC I AP Kennels, Commercial [2] - - - P - P - 515.19, subdivision 4 (e) Offices, Professional - C C P P P P 515.19, subdivision 4 (f) Parking Ramps or Structures - - - P P P P 515.19, subdivision 4 (g) Personal Services [3] - C C P P P 515.19, subdivision 4 (h) Restaurants or Eating Establishments [4] - C C P P P - 515.19, subdivision 4 (i) Retail Establishments [5] - C C P P P - 515.19, subdivision 4 (ji) Theater, Indoor - - - P P - - Vehicle Repair - - - C - P - 515.19, subdivision 4 (kj) Vehicle, Boat or Recreational Sales or Rental - - - P - P - 515.19, subdivision 4 (lk) Vehicle Fuel Sales - - - P - - - 515.19, subdivision 4 (ml) Vehicle Wash or Detailing - - - C - C - 515.19, subdivision 4 (nm) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - P - Bulk Storage of Liquids - - - P - P P 515.19, subdivision 5 (a) Industrial Uses (Indoors) - - - - - P - Industrial Or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - - - P - 515.19, subdivision 5 (b) Self Storage Facilities - - - - - P - Warehouse - - - - - P P Vehicle Impound Lot - - - - - C - 515.19, subdivision 5 (c) Public Facilities, Telecommunication and Utilities Use Category Essential Services P P P P P P P Public utility buildings C C C C - C P 515.19, subdivision 6 (a) 77 CR225-464-620540.v5 (a) This subsection provides site planning, development and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 3. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Residential use category. (a) Bed and breakfast establishments. Bed and breakfast establishments are subject to the following standards: (1) The owner shall reside on the property; (2) The property abuts and the building faces an arterial or major collector street; (3) The establishment shall comply with the city’s liquor license regulations in the Crystal city code, chapter XII, as well as state health and building codes; (4) Signage is limited to one sign that indicates the name of and contact information for the bed and breakfast establishment but no other material. There may be one such sign not to exceed four square feet in area, not to exceed five feet in height if free standing, and not to be lighted unless the lighting will not negatively impact adjacent properties; and (5) No external vending machines shall be allowed. (b) Dwellings, multiple-family. Buildings shall be oriented so that the primary entrance faces the street from which the building is addressed, Except except for the TC and TC-PD districts which have separate requirements., buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. Buildings shall also meet the following additional standard: (1) When a property has alley access, signage shall be installed facing the public street to provide direction to the rear unit(s). (c) One-family attached dwellings. One-family attached dwellings are subject to the following standards: (1) Collective maintenance of building exteriors, driveways, landscaping, and common areas for one-family attached dwellings is required; and (2) In the TC-PD district, one-family attached dwellings shall be constructed in the form of rowhouses or townhouses (see Figure 12). This building form shall consist of at least three dwelling units placed side by side where each unit has a separate entrance. 80 CR225-464-620540.v5 (h) Personal Services. Within the TC district, space for personal services is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet. (i) Restaurants or eating establishments. On-sale liquor, wine or beer is allowed, but shall occupy no more than 30% of the total floor area of the establishment. This limit may be exceeded with a conditional use permit provided that 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 (j)(i) Retail establishments. Retail establishments are subject to the following standards: (1) Repair is allowed for a retail establishment, but a conditional use permit is required if the repair is done outdoors. The applicant shall demonstrate that such outdoor repair will not negatively impact neighboring properties; (2) Within the TC district, retail space is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet; (3) Within the Commercial district, retail establishments may have up to 50% of the gross floor area as storage or warehouse space; and (4) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. (k)(j) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (l)(k) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; 81 CR225-464-620540.v5 (2) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk vehicles; and (3) No vehicle or equipment shall exceed 32 feet in length. (m)(l) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (n)(m) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; and (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. (3) A vehicle wash or detailing establishment shall comply with the use-specific standards for drive-through facilities in the Crystal city code, subsection 515.23, Subd. 2 (b). Subd. 5. Industrial, manufacturing, research and wholesale use category. 90 CR225-464-620540.v5 (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (e) Schools, nursery or preschool. Nursery schools, and preschools are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (f) Schools, trade or business. 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. 515.21. Permitted accessory uses and structures. Subd. 1. Purpose. This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding lands. Subd. 2. General provisions. (a) Table 4 lists the accessory uses allowed within all zoning districts except for the overlay zoning districts. Except for the TC-PD district which has separate requirements, the uses permitted in the overlay districts shall be controlled by the underlying base zoning district. (b) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations, pergolas, and firewood cribs are exempt from the provisions of this subsection, but cannot be located in public rights-of-way. (c) Tents, play houses, or similar structures shall not be used as temporary or permanent dwelling units, but may be used for recreational purposes. (d) Any accessory structure used for the parking or storage of motor vehicles, such as a garage or carport, shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (e)(d) Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. (f)(e) Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 3. Explanation of table of permitted uses. (a) Symbols in table. The symbols used in Table 4 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type or structure is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 4. Permitted uses are subject to all other applicable standards of this UDC; 93 CR225-464-620540.v5 515.23. Use-specific standards for accessory uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses or structures that are permitted or conditionally permitted in Table 4. (b) The land uses and structures covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Accessory uses. (a) Assembly or gathering space. Adequate parking shall be provided for both the assembly or gathering space and the principal use on the property. (b) Drive-through facilities. Drive-through facilities are subject to the following standards: (1) The establishment 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. The city council may require the applicant to provide a traffic study prepared by a professional engineer for the proposed use, and may base its findings of fact on said study Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C TC I AP Solar energy systems P P P P P P P No 515.23, subdivision 3(n) Swimming pools, hot tubs, and spas P P P P P - - No 515.23, subdivision 3(o) Television and radio antennae P P P P P P P No 515.23, subdivision 3(p) Tennis and other recreational courts P P P - - - - No 515.23, subdivision 3(q) Treehouses P P - - - - - No 515.23, subdivision 3(r) Waste container enclosures P P P P P P P No 520.13, subd. 4 (a) Workshops P P - - - - - No 515.23, subdivision 3(s) Notes: 1. A zoning certificate is only required for commercial storage buildings in the Industrial and Airport zoning districts. 2. Fences are not allowed in the TC district. 3. Parking lots are not allowed for one or two family dwellings. Loading spaces are not allowed in residential districts or the TC district. 97 CR225-464-620540.v5 (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (g) Fuel pumps, private use. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment and does not allow them to be used by the general public. For the purposes of this UDC, private fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table 3. (h) Garages and carports, detached. Detached garages Garages and carports are subject to the following standards: (1) Attached and detached garages are subject to the following requirement: (i) Garages shall be accessed through a vehicular entrance door with an opening not less than seven feet wide and seven feet high. A garage shall be no less than eight feet wide and fourteen feet long, measured as the continuous clear space between the insides of the interior walls or wall framing if unfinished. (2) Attached and detached garages and carports are subject to the following requirement: (i) Garages and carports shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (3) Detached garages and carports are subject to the following requirements: (1) For one and two family dwellings, the cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; (2) For multiple family dwellings, detached garages shall be designed to meet the minimum number of required parking spaces and required setbacks. To the extent practicable, garages shall be located to the side or rear of the building; and (3) Garages and carports shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (i) Gazebos. Gazebos are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Gazebos shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (j) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: 101 CR225-464-620540.v5 Table 5: Permitted Temporary Uses and Structures Use Category and Use Type P = Permitted Use - = Not Permitted Base Zoning Districts R-1 R-2 R-3 C TC I AP Allowable Duration (per site) Permit Required Use-Specific Standards in Section: Construction Dumpster P P P P P P P No more than three consecutive months in any 12-month period See city code section 605 515.27, subdivision 2; 605 Garage/Yard Sales P P P - - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [1] P P P P P P P 270 days per site per calendar year Zoning Certificate (Type 1 Review) [2] 515.27, subdivision 4 Outdoor sales [1] - - - P P P - 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P - P P 60 days per site per calendar year No 515.27, subdivision 6 Signs, Temporary P P P P P P P See section 530 Sign Permit 530 Notes: 1. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments that exceed the temporary use duration time limits may be permitted as a permanent use with would require a conditional use permit. 2. A zoning certificate is not required for a mobile food unit. 515.27. Use-specific standards for temporary uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses that are permitted in Table 5. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Construction dumpsters. Construction dumpsters are subject to the following standards: 107 CR225-464-620540.v5 Section 520 Development standards 520.01 Measurements, computations, and encroachments. Subd. 1. Percentages and fractions. When a calculation or ratio established in this UDC results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number. Any percentage of .5 percent or less shall be rounded down to the next lower whole number and any percentage greater than .5 percent shall be rounded up to the next higher whole number. Subd. 2. Distance measurements. Unless otherwise expressly stated, distances specified in this UDC are to be measured as the length of an imaginary straight line joining those points. The following are additional requirements for measuring distance: (a) Any lot dimension shall be rounded up or rounded down to the next whole number as provided for in Subd. 1 of this subsection; (b) Building square footage shall be determined by measuring the area of the building using the outermost building exterior walls. Subd. 3. Setback requirements and exceptions. Each structure shall comply with the front, interior side, corner street side, and rear setback requirements of the applicable zoning district, except: (a) Where a setback requirement is established for a specific land use type in the use-specific standards of Table 3; (b) A building feature that encroaches into a required setback as allowed by Table 6; (c) No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into a platted or dedicated easement or street right-of-way; and (d) Structures existing on the effective date of this UDC and encroaching into a setback required by this UDC shall be considered conforming to the setback requirement if the encroachment does not exceed one foot or 10% of the required setback, whichever is less. Additions may be made to such structures and shall also be considered conforming to the setback requirement provided that the addition does not further encroach into the setback than the existing structure. Subd. 4. Measurement of setbacks. Setbacks shall be measured as follows: (See Figure 14). 114 CR225-464-620540.v5 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Side 5 feet 15 10 feet 15 feet 10 feet 0 foot minimum 10 feet 200’ from resi- dential use Rear 30 feet 30 feet 30 feet 10 feet 3 foot minimum 10 feet 200’ from resi- dential use Corner Side 10 feet [2] 30 feet 30 feet 15 10 feet 2 foot minimum 12 foot maximum 15 10 feet 200’ from resi- dential use Number of Principal Buildings Maximum number of principal buildings per property One One One One Not Applicable One Not Appli- cable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Not Appli- cable Two-Family Dwelling 10,000 SF 10,000 SF 10,000 SF Not Applicable Not Applicable Not Applicable Not Appli- cable Other Residential Uses Not Applicable 10,000 SF 20,000 SF Not Applicable Not Applicable Not Applicable Not Appli- cable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 20,000 SF Not Applicable 20,000 SF Not Appli- cable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Non-Residential Uses [3] 100 feet 100 feet 100 feet 120 feet Not Applicable 120 feet Not Appli- cable Minimum Lot Width 127 CR225-464-620540.v5 (b) Landscaping that is in compliance with the approved plans shall be installed before a certificate of occupancy is issued for the site. If landscaping is not installed, the applicant shall be required to submit a cash escrow in accordance with the requirements in the Crystal city code, section 510 for the relevant development review application. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. Landscape materials should complement the form of the existing trees, plantings, and vegetation. The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species 7-19 35% 20-39 30% 40 or more 25% (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of two inches for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting. (ii) Understory, small maturing, or ornamental trees shall have a minimum DBH of two 1.5 inches at time of planting. Multi-stem varieties shall be a minimum of four feet in height above ground level at the time of planting. (iii) Evergreen trees shall be a minimum of six feet in height for potted or ball and burlap trees at the time of planting. (b) Required landscaping. 132 CR225-464-620540.v5 Figure 22: Perimeter landscaping required between a parking lot and a street. (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street and meet the site visibility requirements of the Crystal city code, chapter VIII; (3) Screening materials may include a combination of plant materials including trees, shrubs, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement (see Figure 23). Figure 23: Illustration of parking lot perimeter screening. (4) A parking lot is not required to be screened from the street if the parking lot is not adjacent to a residential use and the parking lot is set back at least double the required setback. (c) Parking lots adjacent to side or rear property lines. Parking areas for a nonresidential, institutional, or multiple family dwelling use shall provide a perimeter landscape strip of the minimum required setback area where the parking area adjoins a side or rear property line. At a minimum the landscape strip shall contain sod or turf grass, but may be supplemented by trees, shrubs, native grasses, flowering plants, or similar landscaping materials. (d) Parking lots adjacent to residential uses. Parking lots adjacent to a one or two family dwelling shall comply with the following: 133 CR225-464-620540.v5 (1) A landscaped buffer of the minimum setback area shall be provided between the parking lot and the property line of the residential use; (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the residential use. Screening may consist of shrubs, planters, solid decorative walls, or other screening devices which meet the intent of this requirement; and (3) Shade trees shall also be provided at the rate of one for each 30 linear feet of landscaped area along the property line between the parking lot and the residential use. (e) Parking lots in the TC and TC-PD districts: Parking lots in the TC and TC-PD districts shall be screened from streets and sidewalks by a masonry retaining wall or evergreen hedge a minimum of 36 inches and a maximum of 48 inches in height. (f) Landscaping for parking lot interior. The landscaping for the interior of a parking lot shall comply with the following: (1) Amount of landscaping. (i) Parking lots with 20 or more spaces shall provide landscaping at a minimum ratio of ten percent of the gross area of the parking lot, which is computed by means of the smallest square, circle, rectangle, triangle or combination thereof that shall encompass the extreme limits of the parking lot perimeter, not including any landscape islands within or projections into the parking lot (including all drive and parking aisles). If parking is located on the side of the structure (not adjacent to a street) or in the rear, this landscaping ratio may be reduced to five percent; and (ii) Trees meeting the size requirements of Crystal city code, subsection 520.11, subd. 4 (a) (5) not less than five feet in height and 15-gallon container in size shall be planted throughout the parking lot. (2) Landscaping location. Landscaping shall be evenly dispersed throughout the parking lot, as follows: (i) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension; (ii) Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas; and (iii) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch. 520.13. Screening. Subd. 1. Purpose. The purpose of this subsection is to increase or maintain property values and generally protect the public welfare by screening uses that could have an adverse impact on neighboring properties. Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed development and new land uses unless otherwise stated. 134 CR225-464-620540.v5 Subd. 3. Types of screening. Unless otherwise stated, screening may consist of vegetation, fences, walls, berms, or other visual barriers. Subd. 4. Items to be screened. The following areas shall be screened in accordance with this subsection: (a) Waste receptacles containers. Except for one and two family dwellings, Outdoor outdoor waste enclosures receptacles, including for dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, masonry walls, or other material compatible with the principal building with a minimum height of six feet. One side of the storage area shall be furnished with swinging doors. Whenever feasible, the enclosure shall be located away from residential areas in the and at least five feet from any side or rear yard property line, away from residential areas; (b) Ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall be screened from view of adjacent properties or public rights-of-way. This screening shall meet the following requirements: (1) Location and height requirements (i) Ground-mounted equipment shall not be located between the building and the public right-of-way. (ii) Screening shall be as high as the highest point of the equipment being screened. If a screen greater than 8 feet tall is required, the zoning administrator may require that the equipment be located in the principal building or the most visually inconspicuous area of the property that does not cause unnecessary negative impacts to residential properties. (2) Exceptions. The following ground-mounted mechanical equipment shall be exempt from the screening requirements of this subsection: (i) Minor equipment not exceeding 18 inches in height. (ii) Mechanical equipment accessory to a one or two-family dwelling. (c) Roof-mounted mechanical equipment. Except for roof-mounted mechanical equipment for a one or two family dwelling, Roofroof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way, accomplished through the two methods in (1) and (2), below. As an alterative to these methods, the city may, at its discretion, allow rooftop equipment to be screened by painting it to match or approximate the color of the background against which the equipment is viewed. Solar energy systems are exempt from screening requirements if screening would interfere with system operations. 138 CR225-464-620540.v5 Traffic into and out of business areas shall to the maximum extent possible, be forward moving with no backing into streets. Subd. 4. Rules for computation. (a) Calculation. The following rules shall apply when computing parking spaces: (1) Driveway space meeting parking requirements. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of one or two family dwellings where driveways may be used in calculating the amount of off-street parking; (2) Multiple uses. Unless otherwise noted or approved, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use. The required base number of parking spaces shall be counted only once for multiple use buildings; (3) Area measurements. All square-footage-based parking standards shall be computed on the basis of gross floor area of all floors in a nonresidential building. Up to 15 percent of the gross floor area may be excluded from the above calculation if the area is used for storage, loading, unloading, or for mechanical equipment; and (4) Vehicle fuel stations. Spaces at the pump at a vehicle fuel station may count toward the minimum parking space requirements. (5) When a calculation results in a percentage, any percentage of .5 percent or less shall be rounded down to the next lower whole number and any fraction of more than .5 percent shall be rounded up to the next higher whole number. (b) Occupancy-or capacity-based standards. (1) For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the typical, or average, number of persons working on a single shift or the typical enrollment, whichever is applicable. (2) In hospitals, bassinets shall not be counted as beds. (3) In the case of benches, pews, and similar seating accommodations, each 24 inches thereof shall be counted as one seat for the purpose of determining the parking requirements. If fixed seating is not provided, then each seven square feet of floor area shall be counted as one seat. (c) Unlisted uses. (1) Upon receiving an application for a use not specifically listed in the parking schedule below, the zoning administrator shall apply the parking standard specified for the listed use that is deemed most similar to the proposed use in regards to use, size, and intensity of use. (2) If the zoning administrator determines that there is no listed use similar to the proposed use, intensity, or size, they may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). 147 CR225-464-620540.v5 (4) Rear property line. The face of the curb shall not be within 4 feet of the property line and the back of the curb shall not be within 3 foot of the property line. Subd. 11. Parking design standards. Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. (a) Access to parking area. Access to parking areas (i.e. driveways) shall be as provided as follows. Requirements for curb cuts and driveways approaches are provided in the Crystal city code, Chapter VIII. (1) One and two-family dwellings. Driveway width shall not exceed the width of the garage’s vehicle entrance plus six feet, except that properties without a garage or with only a single stall garage shall not have a driveway that exceeds 16 feet in width. (2) Access for uses other than one and two-family dwellings. (i) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (ii) Parking lots shall be designed to prevent access at any point other than at designated access drives. (iii) A development that provides 20 or more parking spaces in a parking lot that is accessed from a collector or arterial street shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a queuing or stacking area for vehicles entering and exiting the parking area (See Figure 29). Figure 29: Non-impeded access driveway. (iv) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. (3) To ensure proper location and configuration, a permit is required from the city manager or designee for work on driveways. For driveway plans that involve changes to an existing curb cut or construction of a new curb cut within the public right-of-way, a right of way permit application shall be approved in accordance with the Crystal city code, chapter VIII. (b) Parking space dimensions. 148 CR225-464-620540.v5 (1) Required dimensions. Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 30. Table 12: Parking Space and Aisle Dimensions Angle of Parking (degrees) One-Way Maneuvering Aisle Width (Feet) “A” Two-Way Maneuvering Aisle Width (Feet) “A” Parking Stall Width (Feet) “B” Parking Stall Length (Feet) “C” Compact Size Low Turnover Full Size Compact Size Low Turnover Full Size 0 o – Parallel 12 20 8 8.5 9 18 22 22 30 o – 53o 14 20 8 8.5 9 16 20 20 54 o – 75 o 18 22 8 8.5 9 16 20 20 76 o – 90 o 22 24 8 8.5 9 16 18 18 Figure 30: Parking space and aisle requirements based on angle of parking. (2) Width increase. When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. (3) No overhang. The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. (4) Use of compact vehicle spaces. This paragraph provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. Such spaces shall comply with the following: (i) For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces; 149 CR225-464-620540.v5 (ii) iA maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces; (iii)(ii) Compact spaces shall be clearly labeled for “compact cars” and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space; (iv)(iii) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (v)(iv) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 12. (5) Low turnover parking. This paragraph allows for the establishment of narrower parking spaces in locations where the typical user parks for more than two hours. Such spaces shall comply with the following: (i) The zoning administrator shall determine whether the proposed low turnover spaces are consistent with the stated purpose of this subsection; (ii) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (iii) The minimum off-street parking dimensions for low turnover parking spaces shall be as identified in Table 12. (c) Surfacing. (1) Within all zoning districts, parking lots and driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. (2) Parking lots and driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the city engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. (3) The grade elevation of any parking area shall not exceed ten percent. (d) Striping and identification. (1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. (2) The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans. (3) The color of the striping shall be white or yellow, unless another color is required by state law (e.g., parking for the disabled). 150 CR225-464-620540.v5 (e) Grading and drainage. (1) All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence. (2) All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot. (3) In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. (f) Curbing. The purpose of curbing is to minimize storm water runoff, protect building and parking lot edges, and increase the survivability of plants. The following standards are applicable to curbing: (1) Except for one or two-family dwellings, all parking areas or lots shall have cast-in-place concrete barrier curb and gutter around the perimeter of the entire parking lot. The curb shall be at least six inches wide and the gutter shall be at least 12 inches wide. This minimum standard is typically referred to as “B6-12” curb and gutter. (g) Sight distances. Adequate sight distances for vehicles and pedestrians shall be provided for parking lots. (h) Parking lot landscaping. Requirements for parking lot landscaping are provided in the Crystal city code, subsection 520.11. (i) Parking lot lighting. If exterior lighting is proposed in the parking plan, the lighting shall meet the requirements as provided in the Crystal city code, subsection 520.07. (j) Pedestrian connections. When feasible, the parking plan shall show pedestrian connections within the property and to existing or planned public sidewalk and trail connections, except that in the TC and TC-PD districts a minimum six foot wide pedestrian access shall be provided from the principal entrance to any off-street parking lot. (k) Deviation from standards requires a detailed study. No proposed parking layout which deviates from the standards identified in subdivision 11 of this subsection and which could create a safety hazard(s) shall be allowed unless the developer provides a detailed report or study prepared by a registered transportation or civil engineer who demonstrates that the parking layout is a viable alternative and is consistent with the purpose of this section. This alternative plan is subject to the approval of the city engineer. Subd. 12 Maintenance. All parking spaces, driveways, and striping shall be continually maintained in a clean and orderly manner and kept in good repair. Subd. 13. Loading space requirements. (a) Purpose. The purpose of these requirements is to provide design standards for loading spaces if such spaces are proposed by a property owner. (b) Prohibition. Loading spaces are prohibited in all residential zoning districts and the TC district. (c) General design standards. Loading spaces shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below: 159 CR225-464-620540.v5 Section 525 Subdivision of land 525.01. Basic subdivision requirements. The city hereby adopts subdivision regulations, the authority of which is provided for in Minnesota Statutes, section 462.358. The city finds that regulation of the subdivision of real property in the city is necessary for the following purposes: (a) To insure the orderly, economic, and safe development of land in the city; (b) To insure the adequate and timely provision of urban services and facilities; and (c) To protect and promote the public health, safety, and welfare. Subd. 1. Subdivision approval. (a) Required. Subdivision approval, in compliance with the provisions of this section, shall occur as follows: (1) Lot consolidations as provided in the Crystal city code, subsection 510.23; (2) Subdivisions as provided in the Crystal city code, subsection 510.25; and (3) Those properties for which Minnesota condominium law, Minnesota Statutes, chapter 515 applies. Development or division of ownership under Minnesota condominium law, Minnesota Statutes chapter 515, but only if it includes a land division into two or more lots. (b) Exemption. Subdivision approval is not required for adjacent parcel land conveyances as provided in the Crystal city code, subsection 510.21. (c) Restrictions. (1) No lot, parcel, or tract created after the effective date of this UDC shall be issued a building permit unless the lot, parcel, or tract has been created in compliance with this UDC. (2) No building permits shall be issued for a habitable structure proposed to be located on an outlot. (3) Land will not be subdivided if the city council determines that the land is unsuitable for development because of flood hazard unless corrective measures consistent with those found in the Crystal city code, subsection 515.09 can be feasibly accomplished. (4) A proposed subdivision of land will not be considered by the city unless past due special assessments thereon have been paid in full or arrangements for their payment satisfactory to the city have been made. 525.03. Development agreement required. Subd. 1. Purpose. It is the purpose of this subsection to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the city, setting forth the conditions under which the subdivision has been approved. Subd. 2. Required improvements. 166 CR225-464-620540.v5 Subd. 5. Street names. If applicable, street names shall be a continuation of the names of previously constructed streets. The city shall have final authority to designate street names in order to avoid confusion to the traveling public. Subd. 6. Easements. Easements shall be dedicated on the plat instrument for the required use. Subd. 7. Debris and waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the development agreement or dedication of public improvements, whichever occurs sooner. Subd. 8. Open space and natural features. (a) Natural features (including significant trees, creeks, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible. (b) Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties. Subd. 9. Lot and block design. (i) Lot dimensions. (1) All lot dimensions shall comply with the standards of the applicable zoning district in this UDC. Depth and width of properties reserved or laid out for residential or commercial purposes shall be adequate to provide for the off-street parking and loading facilities that may be required for the type of use contemplated, as established in this UDC. (2) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained, as common area within the development. (ii) Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this UDC. In addition, all lots shall abut and have direct access to an improved public street. (iii) Street frontage required. Each proposed parcel lot shall have frontage on a public street and. The the frontage width shall be the lot width required by the applicable zoning district. This required lot frontage does not require direct street access if access is provided by an improved public alley. (iv) Side lot lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. (v) Corner lots. Corner lots shall be of sufficient width and depth to comply with the required minimum building setback from both streets, as established in this UDC. 168 CR225-464-620540.v5 (d) Roadway and access offsets. Roadways or other access points entering upon opposite sides of any given roadway shall have their centerlines located directly opposite each other or the centerlines located shall be offset at least 150 feet for local residential streets, and at least 200 feet for all other roadways. Driveways on local streets accessing one or two family residential dwellings are exempt from this requirement. (e) Signs, traffic signs and signals, and street lights. (1) Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the city engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (“MMUTCD”). (2) Traffic control signs pursuant to Minnesota Statutes, section 169.06, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. (3) Turn lanes and traffic signals shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (4) Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever time period is less. (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed. Sidewalks shall meet the width requirements in the Crystal city code, chapter VIII and this UDC. (g) Stub streets and cul-de-sac streets (permanent and temporary). (1) Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider. (2) The closed end of the cul-de-sac shall have a pavement width of 70 feet in diameter and the overall length of the road shall not exceed 500 feet in length as measured from the centerline of the nearest intersection to the closed end of the cul-de-sac. (3) In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de-sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. (h) Alleys. When a new alley is proposed to be established as part of a subdivision application, the Alleys alley may shall be established in the city under meet the following conditions requirements: 169 CR225-464-620540.v5 (1) The alleys are publicly owned and maintained; (2) The alleys shall be made of concrete.; (3) No home shall be oriented to face the alley; and (4) Alleys are permitted as a secondary access when the lots front on an arterial or collector street. (i) Private streets. Private streets are prohibited. (j) Street design standards. In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this subsection. Street types shall be established in the comprehensive plan. (1) Street Surfacing and improvements. After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the width prescribed in this section. The designer is encouraged to include techniques that will direct surface water drainage to off-street areas. Types of pavement shall be as prescribed in the city’s engineering standard specifications. Adequate provision shall be made for culverts and drains. The portion of the right-of-way outside the area surfaced shall be sodded or planted with other acceptable materials as approved by the city engineer. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city’s engineering standard specifications and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval. (2) Grading. (i) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb to maintain drainage. (ii) Arterial and collector streets shall have a maximum running grade of five percent. (iii) All other streets shall have a maximum running slope of seven percent, or as determined by the city engineer. (3) Street intersection, tangent, deflection and other design standards. (i) Street Intersections shall intersect at right angles and in no instance shall the angle formed by the intersection be less than 60 degrees. Street intersections having more than four corners shall be prohibited and the curb line at street intersections shall have a radius not less than 15 feet. (ii) Street tangents of at least 150 feet shall be designed between reverse curbs on collector streets and 100 feet on all local streets. (iii) When connecting street lines deflect from each other at a point of more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a site distance of no less than 500 feet for arterials, 300 feet for collectors, and 100 feet for local streets. 173 CR225-464-620540.v5 Section 530 Signage 530.01. Findings, purpose and effect. Subd. 1. Findings. The city council hereby finds as follows: (a) Exterior signs have a substantial impact on the character and quality of the environment; (b) Signs provide an important medium through which individuals may convey a variety of messages; and (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose and intent. It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare; (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community; (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics; and (d) Provide for fair and consistent enforcement of the sign regulations set forth in this section. 530.03. General sign requirements. Subd. 1. Permit required. Unless exempted under subdivision 2 of this subsection, no sign shall be erected, altered, reconstructed, maintained, or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be on a form provided by the city. Subd. 2. Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this UDC or any other law or ordinance regulating the same. (a) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (b) Small signs. (c) Governmental signs. (d) Menu boards for drive-through restaurants or eating establishments. 179 CR225-464-620540.v5 Table: 15: Freestanding or Pylon Signs Sign Type Number Allowed Maximum Height Area Minimum Street Frontage Setback From Lot Line Setback From Right-of- Way Freestanding or pylon sign 1 [1] 25 feet 1 square foot of sign per linear foot of frontage [2] 50 feet 10 feet, and 50 feet from residential district, park, school, library, church or similar land use [3] 10 feet Notes: 1. A property abutting more than one street may have one additional freestanding sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other freestanding sign on the property. 2. The area of a sign may not exceed the following square footages based on the street the sign abuts: 1. Principal arterial - 200 square feet 2. Minor arterial or major collector – 150 square feet 3. Minor collector – 100 square feet 4. Local – 50 square feet 3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement. Subd. 4. Monument signs. Monument signs are subject to the following standards: (a) In the residential districts, monuments signs are only allowed for multiple family dwellings or institutional or commercial uses; (b) Monument signs shall meet the requirements in Table 16; and (c) Except in the TC district, an electronically controlled reader board is allowed as part of a monument sign. Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Monument 1 [1] 6 feet in R-1, R-2, and R- 3; 25 feet in C, I and AP Maximum 75 square feet in R-1, R-2, and R-3; same area requirements as 10 feet 10 feet 180 CR225-464-620540.v5 Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Freestanding signs in C, I, and AP Note: 1. A property abutting more than one street may have one additional monument sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or major collector street. Subd. 5. Projecting signs. Projecting signs are subject to the following standards: (a) Projecting signs shall meet the requirements in Table 17; and Table: 17: Projecting Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Projecting Maximum of 2 wall or projecting signs per wall [1] Minimum 10 feet clearance above grade and may not be higher than roofline Up to 10% of the wall area to which it is affixed when combined with wall signs 10 feet, but sign may be equidistant between the side property lines if the property is less than 20 feet in width 10 feet Note: 1. A property abutting more than one street may have one additional projecting sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other projecting sign on the property. (b) Buildings exceeding 80,000 square feet in size on lots of over 20,000 square feet are permitted to have wall/projecting signage of up to 250 square feet. Subd. 6. Multi-tenant. The following provisions shall apply to multi-tenant buildings within the commercial and industrial districts. (a) Wall signs. Each tenant in a multi-tenant building may have a flat wall sign in compliance with the wall sign requirements in Table 18. In addition, the multi-tenant building may have wall signage on common walls of the building as long as no more than ten percent of that wall is occupied by signage. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – JULY 2022 Objective 1 – Strategic planning for continued implementation of Council priorities: o Thriving Business Community ▪ Open To Business assistance available ▪ Community Development staff a resource for local business community ▪ Community Development staff continuing to meet with developers regarding redevelopment opportunities for vacant buildings (reuse of former Burger King and reuse of former Pizza Hut buildings underway) or underutilized buildings o Strong Neighborhoods ▪ Code enforcement – on-going ▪ Continued implementation of Master Parks System Plan improvements – court improvements at Becker Park nearing completion and soccer field at FAIR starting soon ▪ Home improvement loans/rebates available through CEE- on- going o Sound fiscal policies and practices ▪ Long term financial planning on-going ▪ Work on 2023-2024 budget in progress o Welcoming and inclusive community ▪ Inclusion and Diversity Commission established 6/21/22 – recruiting for commission candidates ▪ Frolics at Becker and Welcome parks – July 29 - 30 Objective 2 – Work-life balance o Connecting with neighboring city managers – on-going o Participate in metro and state professional organization to stay current with trends o Continue participation in peer group o Council reviewing consultant proposals to assist with city manager search process at 7/20 work session Objective 3 – Monitor difficult conversations regarding Council effectiveness o Inclusion and diversity commission final version unanimously approved 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 15, 2022 City Council Meeting Agenda Tuesday, July 19, 2022 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 3.1 Police Chief Revering will recognize police officers.* 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 21, 2022. b. The City Council meeting on June 21, 2022. c. The City Council special work session on July 7, 2022. 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 Adoption of a resolution accepting a donation. 4.4 Appointment of Jennifer Zielinski to the Parks and Recreation Commission, representing Ward 2, to a term to expire Dec. 31, 2023. 4.5 Adoption of a resolution approving the use of Hennepin County funds for preservation of owner-occupied affordable housing (Homes Within Reach). 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). Page 2 of 3 6. Public Hearing 6.1 The Mayor will open a public hearing to receive comment, and the Council will consider approval of a new off-sale liquor license for Mejron Investments Ltd. Corp. d/b/a The Wine Thief and Ale Jail located at 3600 Douglas Dr. N. An application has been received and reviewed for a new off-sale liquor license at 3600 Douglas Dr. N. Prior to taking action on the off-sale liquor license, the City Council should hear any public comment. Recommend approval of the off-sale liquor license for 3600 Douglas Dr. N. 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 civil penalties for violation of liquor license regulations by Klever Alcibar Sanchez Miranda d/b/a Klever Liquor located at 5120 56th Ave. N. During routine liquor license compliance checks last December, an employee at Klever Liquor sold alcohol to a minor. The employee pled guilty in court and now the City Council may consider civil penalties. This is a first violation for Klever Liquor and according to the City Code, the City Council may impose civil penalties of up to a $750 fine and one-day license suspension. Prior to acting on the civil penalties, the City Council should hear any comments from the representative of Klever Liquor, including whether they admit to the violation. 7.3 The Council will consider civil penalties for violation of tobacco license regulations by Stino, Inc. d/b/a Big Louie’s Bar and Grill located at 5216 West Bdwy. The city clerk received notice from the State Department of Revenue that Big Louie’s had violated tobacco license regulations by selling contraband tobacco. This is a first tobacco violation for Big Louie’s and according to the City Code, the City Council may impose civil penalties of a fine between $300 - $750 and a one-day license suspension. Prior to acting on the civil penalties, the City Council should hear any comments from the representative of Big Louie’s, including whether they admit to the violation. 7.4 The Council will consider civil penalties for violation of tobacco license regulations by Northern Tier Retail, LLC d/b/a Speedway #4052 located at 5359 West Bdwy. The city clerk received notice from the State Department of Revenue that Speedway had violated tobacco license regulations by selling contraband tobacco. This is considered a first tobacco violation for Speedway and according to the City Code, the City Council may impose civil penalties of a fine between $300 - $750 and a one-day license suspension. Prior to acting on the civil penalties, the City Council should hear any comments from the representative of Speedway, including whether they admit to the violation. Page 3 of 3 7.5 The Council will consider a resolution requesting a six-lane option for inclusion in the Blue Line Extension environmental review. Last month the Hennepin County Board and Metropolitan Council approved the Route Modification report for the Blue Line Extension to be in the median of Bottineau Boulevard. Staff is suggesting the city formally request several design alternatives related to a six-lane option be included in the environmental review. Recommend approval of the resolution requesting a six-lane option be included in the Blue Line Extension environmental review. 7.6 The Council will consider a resolution awarding the 2022 contract for miscellaneous concrete repairs. The capital budget includes funds for annual concrete repairs. Bids for this year’s repairs will be opened on July 15 and results will be provided to the Council prior to the July 19 meeting. Recommend adoption of the resolution awarding the 2022 concrete repair contract. 8. Announcements a. The City Council will hold a special work session on Wednesday, July 20 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. b. The City Council will hold a special work session on Thursday, July 21 at 7 p.m. in the Council Chambers at City Hall and via Zoom. c. Crystal Frolics is Thursday through Sunday, July 28 – 31 at Welcome Park and Friday - Saturday, July 29 - 30 at Becker Park. d. Night to Unite is Tuesday, Aug. 2. To host a block party, visit the city’s website at www.crystalmn.gov. e. The City Council will hold a budget work session on Thursday, Aug. 4 at 6:30 p.m. in the Council Chambers at City Hall and via Zoom. f. The next City Council meeting is Tuesday, Aug. 16 at 7 p.m. at the Crystal Community Center. g. 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 Have a great weekend; see you at Tuesday’s meeting. Crystal City Council work session minutes June 21, 2022 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:02 p.m. on June 21, 2022 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Council Member Budziszewski was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm , West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom. Also present were Three Rivers Park District Regional Trail System Manager Danny McCullough and commission applicant Jennifer Zielinski. II.Agenda The Council and staff discussed the following agenda item s: 1.Update from Three Rivers Park District on the Canadian Pacific Rail Regional Trail master planning project. 2.Electric vehicle charging station options. 3.6:45 p.m. - commission applicant interview. 4.City manager monthly check-in. 5.Constituent issues update. 6.New business. 7.Announcements. III.Adjournment The work session adjourned at 6:53 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(a) Crystal City Council meeting minutes June 21, 2022 Page 1 of 5 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 21, 2022 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota, and via Zoom. 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: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Council Member Budziszewski was absent. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Community Development Director J. Sutter, City Planner D. Olson, Deputy Police Chief B. Hubbard, Police Lieutenant P. Underthun, and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom. 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 Banks and seconded by Council Member LaRoche to approve the agenda. Motion carried. 3.Proclamations 3.1 The Mayor proclaimed July 4, 2022 as Independence Day in the City of Crystal. 3.2 The Mayor proclaimed July 2022 as Parks and Recreation Month in the City of Crystal. 4.Appearances 4.1 Minnesota Recreation and Parks Association representative Tracy Peterson presented the City of Crystal with an Award of Excellence. 4.2 Deputy Police Chief Brian Hubbard recognized Police Officers Armando Valenzuela and Cole Horner. 5.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a. The City Council work session on June 7, 2022. b. The City Council meeting on June 7, 2022. 5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.3 Adoption of Res. No. 2022-51, accepting donations. 4.1(b) Crystal City Council meeting minutes June 21, 2022 Page 2 of 5 5.4 Approval of a third amendment to the purchase and development agreement for 5244 Scott Ave. N., extending the home completion deadline to Sept. 30, 2022. 5.5 Approval of Res. No. 2022-52, establishing an Absentee Ballot Board for the 2022 elections. 5.6 Approval of Res. No. 2022-53, appointing election judges for the 2022 elections. Moved by Council Member Parsons and seconded by Council Member Banks to approve the consent agenda. Council Member LaRoche abstained from the vote. Motion carried. 6. Open Forum The following person addressed the Council: • Gary Feyen, 4115 Hampshire Ave. N., spoke in favor of the setback variance at 4100 Hampshire Ave. N. 7. Public Hearing 7.1 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of a resolution approving the proposed vacation of an easement for the Lombardy Addition. City Planner Dan Olson addressed the Council. Applicant John Arnold also addressed the Council. Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Banks and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 54 RESOLUTION VACATING A UTILITY EASEMENT WITHIN THE PLAT OF LOMBARDY ADDITION Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 8. Regular Agenda 8.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the list of disbursements over $25,000. Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried. 4.1(b) Crystal City Council meeting minutes June 21, 2022 Page 3 of 5 8.2 The Council considered a resolution approving soccer field improvements at Fair School Park. Recreation Director John Elholm addressed the Council. Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2022 – 55 RESOLUTION IN SUPPORT OF SOCCER FIELD IMPROVEMENTS IN FAIR SCHOOL PARK Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 8.3 The Council considered a resolution approving a setback variance at 4100 Hampshire Ave. N. City Planner Dan Olson addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the following resolution: RESOLUTION NO. 2022 – 56 RESOLUTION APPROVING A VARIANCE FOR 4100 HAMPSHIRE AVENUE NORTH Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 8.4 The Council considered a resolution approving the preliminary and final plat of Lombardy 2nd Addition to divide 6810 60th Ave. N. into two lots for new home construction. City Planner Dan Olson addressed the Council. Moved by Council Member Cummings and seconded by Council Member Banks to adopt the following resolution: RESOLUTION NO. 2022 – 57 RESOLUTION APPROVING LOMBARDY 2ND ADDITION PRELIMINARY AND FINAL PLAT Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 4.1(b) Crystal City Council meeting minutes June 21, 2022 Page 4 of 5 8.5 The Council considered a resolution authorizing the purchase of a replacement training simulator system for the police department. Deputy Police Chief Brian Hubbard addressed the Council. Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2022 – 58 RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF VIRTRA VIRTUAL INTERACTIVE SIMULATOR TRAINING SYSTEM Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 8.6 The Council considered the second reading and adoption of an ordinance establishing an Inclusion and Diversity Commission, adoption of a resolution approving summary language of the ordinance for publication, and considered a resolution approving the bylaws for the commission. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Kiser and seconded by Council Member Parsons to adopt the following ordinance: ORDINANCE 2022 – 03 AN ORDINANCE ESTABLISHING THE INCLUSION AND DIVERSITY COMMISSION And further, that this is the second and final reading. Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried. Moved by Council Member Kiser and seconded by Council Member Parsons to adopt the following resolution: RESOLUTION NO. 2022 – 59 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ODINANCE NO. 2022-03 Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 4.1(b) Crystal City Council meeting minutes June 21, 2022 Page 5 of 5 Moved by Council Member Kiser and seconded by Council Member Cummings to adopt the following resolution: RESOLUTION NO. 2022 – 60 RESOLUTION APPROVING BYLAWS FOR THE INCLUSION AND DIVERSITY COMMISSION Voting aye: Parsons, Adams, Banks, Cummings, Kiser, and LaRoche. Absent, not voting: Budziszewski Motion carried, resolution declared adopted. 7. Announcements The Council made announcements about upcoming events. 8. Adjournment Moved by Council Member LaRoche and seconded by Council Member Cummings to adjourn the meeting. Motion carried. The meeting adjourned at 7:49 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Chrissy Serres, City Clerk 4.1(b) Crystal City Council special work session minutes July 7, 2022 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the special work session of the Crystal City Council was held at 6:30 p.m. on July 7, 2022 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche. City staff present: City Manager A. Norris and Assistant City Manager K. Therres. II.Agenda The Council and staff discussed the following agenda item: 1.City manager search process. III.Adjournment The special work session adjourned at 6:46 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 4.1(c) Page 1 of 1 City of Crystal Council Meeting July 19, 2022 Applications for City License Rental – New 2709-2711 Hampshire Ave. N. – Martin Kosto and Joshua Breitung (Conditional) 5212 Kentucky Ave. N. – Cesar Tello 4949 Quail Ave. N. – Matthew Sturgeon (Conditional) Rental – Renewal 5648 Adair Ave. N. – IASIS IV LLC (Conditional) 5725 Adair Ave. N. – Eric Moellenkamp 3130 Aquila Ave. N. – Thomas Durkin (Conditional) 3703 Colorado Ave. N. – Empathy Home Care (Conditional) 6500 Corvallis Ave. N. – Alexander Hofer (Conditional) 5012 Fairview Ave. N. – Dylan Jones (Conditional) 4833 Florida Ave. N. – Kimberly Snow 2925 Hampshire Ave. N. – Michael Kaldor 4125 Hampshire Ave. N. – Safi Runesha 3850 Idaho Ave. N. – Micha Genereau 5242 Jersey Ave. N. – Pro Operam Sub X LLC (Conditional) 5000 Lakeside Ave. N. – Justin Holt (Conditional) 5419 Louisiana Ave. N. – Duane Sanovia (Conditional) 4725 Maryland Ave. N. – SFR Borrower 2021-2 LLC (Conditional) 3220-3226 Nevada Ave. N. – Andrey Ryvlin (Conditional) 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 Regent Ave. N. – Midwest Realty Services (Conditional) 6806 Valley Pl. N. – Pavel Lachei 5527 Xenia Ave. N. – Joshua Asp (Conditional) 8316 32nd Pl. N. – Christopher Narins 6806 34th Ave. N. – James Darrah (Conditional) 6907 46th Pl. N. – Danmark Properties LLC (Conditional) 7123 54th Ave. N. – Alan Trout 5701 56th Ave. N. – Harold Creek 5708 56th Ave. N. – Crystal Ventures LLC 5724 56th Ave. N. – Crystal Ventures LLC (Conditional) 5802 56th Ave. N. – Crystal Ventures LLC (Conditional) Tobacco Main Grocery & Tobacco, Inc. d/b/a Mini Grocery & Tobacco, 2708 Douglas Dr. N, Crystal, MN 55422 4.2 CITY OF CRYSTAL RESOLUTION NO. 2022 - RESOLUTION ACCEPTING A DONATION FROM VFW POST 494 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 VFW Post 494 Airport Open House $3,000 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the VFW Post 494 for their generous donation. Dated: July 19, 2022 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk 4.3 4.4 4.4 4.4 4.4 4.4 4.4 ___________________________________________________________________________________ FROM: John Sutter, Community Development Director TO: Anne Norris, City Manager (for July 19 City Council meeting) DATE: July 14, 2022 SUBJECT: Consider a resolution approving the use of Hennepin County funds for preservation of owner-occupied affordable housing (Homes Within Reach). ___________________________________________________________________________________ W est Hennepin Affordable Housing Land Trust (WHAHLT) is a private, non-profit organization that preserves affordable housing by removing the land value from the purchase price and selling the home with a ground lease to a household below 80% of Twin Cities Area Median Income, and guaranteeing that subsequent sales are to a similarly qualifying household. Under the program, branded as Homes Within Reach (HWR), the homebuyer benefits from: •Appreciation in the value of buildings (house, garage, etc.) •Residential stability (neighborhood, schools, businesses, services, etc.) •Ability to make changes and improvements to the property •Intergenerational accumulation and transfer of wealth •Income tax deductions for mortgage interest and property taxes HW R homebuyers also have the same obligations as any other homeowner (mortgage payments, property taxes, insurance, maintenance and so forth). More information is available at http://homeswithinreach.org/wp/. W HAHLT has been awarded $175,000 from the Hennepin County Housing and Redevelopment Authority (HCHRA) to assist with 10 houses in suburban Hennepin County. Two of these ten houses are in Crystal: 5432 Unity Ave. N. (Twin Oaks neighborhood) and 6021 34th Ave. N. (Bassett Creek neighborhood). HCHRA policy is to require the city’s consent before its funds are spent in that city. For this reason, WHAHLT and HCHRA are requesting adoption of the attached resolution. The resolution is limited to approving the use of HCHRA funds in the city, and explicitly excludes any financial obligation to, or endorsement of, the project by the city. City Council approval of the resolution is requested. COUNCIL STAFF REPORT West Hennepin Affordable Housing Land Trust Consent to Hennepin County Funding 4.5 CITY OF CRYSTAL RESOLUTION NO. 2022 - __ APPROVING THE USE OF HENNEPIN COUNTY FUNDS FOR PRESERVATION OF OWNER-OCCUPIED AFFORDABLE HOUSING (HOMES WITHIN REACH) WHEREAS, West Hennepin Affordable Housing Land Trust, d/b/a Homes Within Reach, is purchasing up to ten homes, one or more of which may be located within the City of Crystal (“City”) and the others elsewhere within suburban Hennepin County, for the purpose of preserving the supply of affordable housing by providing long-term affordability (“Project”); and WHEREAS, the Hennepin County Housing and Redevelopment Authority (“HCHRA”) has approved the use of a $175,000 Affordable Housing Incentive Fund (“AHIF”) loan for the Project; and WHEREAS, AHIF funding will complete the financing required for the Project to proceed; and WHEREAS, HCHRA policy is that AHIF funding is contingent upon the City’s consent to the use of such funds in the City. THEREFORE, BE IT RESOLVED that the participation of the HCHRA in the Project for the limited purpose of providing financial support is hereby approved for properties located in the City. BE IT FURTHER RESOLVED that nothing in this resolution shall create a pecuniary obligation of the City to assist the Project, nor shall the City be in any way responsible for any financing obligation to or agreement with WHAHLT, HCHRA or any other agency or entity with respect to its provision of financial assistance to the Project. BE IT FURTHER RESOLVED that nothing in this resolution is intended to endorse the merits of the Project. Adopted by the Crystal City Council this 19th day of July, 2022. _______________________________ Jim Adams, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 4.5 CITY COUNCIL STAFF REPORT Public Hearing: July 19, 2022 City Council Meeting Consideration of a new off-sale liquor license for Mejron Investments, Ltd. Corp. d/b/a The Wine Thief & Ale Jail DATE: July 13, 2022 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 Mejron Investments, Ltd. Corp. d/b/a The Wine Thief & Ale Jail located at 3600 Douglas Dr. N. Background and application review Ron and Mejken Thompson have submitted a new off-sale liquor license application on behalf of Mejron Investments, Ltd. Corp to do business as The Wine Thief & Ale Jail located at 3600 Douglas Dr. N. Staff has reviewed the liquor license application, and the qualifications of the applicants meet the business licensing requirements within Crystal City Code, Sections 1000 and 1200. Background checks were completed by the police department and Police Chief Revering finds no reason to prohibit issuance of the license. A public hearing notice was published in the StarTribune on July 9, 2022 as well as in the SunPost on July 14, 2022 (Attachment A). Applicants Ron and Mejken Thompson will be at the July 19, 2022 City Council meeting to introduce themselves and answer any questions. Requested City Council action Staff recommends approval of the new off-sale liquor license for Mejron Investments, Ltd. Corp. d/b/a The Wine Thief & Ale Jail located at 3600 Douglas Dr. N. 6.1 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN OFF-SALE LIQUOR LICENSE AT 3600 DOUGLAS DR. N. Notice is hereby given that the Crystal City Council will hold a public hearing on July 19, 2022 at 7 p.m. in the Council Chambers located at 4141 Douglas Drive N., to consider an off-sale liquor license at 3600 Douglas Dr. N., submitted by Mejron Investments, Ltd. Corp., d/b/a The Wine Thief & Ale Jail. Anyone wishing to express a view either in person or in writing will be heard at the public hearing. Auxiliary aids are available for public meetings 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. City Clerk Chrissy Serres Attachment A 6.1 DATE:July 11, 2022 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount HealthPartners, Inc.July health insurance premiums $115,202.00 MN PERA Employee & city required contributions for 6/24/22 pay date $63,262.39 LMCIT 3rd quarter of 2022 workers compensation insurance $152,020.00 Total Control Systems, Inc.Utility lift station fiber project - Maryland lift station $27,364.00 West Metro Fire Rescue District June contribution to West Metro Fire $113,656.47 Center for Energy & Environment Home improvement loan/grant program $33,130.95 Construction Systems, Inc.New police station project costs $59,346.54 Golden Valley JWC May water costs $115,902.67 Laketown Electric Corporation New police station project costs $63,056.25 LMCIT 3rd quarter of 2022 property/casualty insurance $44,295.00 LOGIS Microsoft 365 licenses, CCTV & PD switches, entrust tokens $41,522.48 McDowall Company New police station project costs $482,595.25 Metropolitan Council Environ Svs Wastewater services for July $142,050.57 Molin Concrete New police station project costs $191,920.35 Northland Concrete & Masonry New police station project costs $38,836.00 Northwest Asphalt, Inc.New police station project costs $131,408.24 RTL Construction, Inc.New police station project costs $67,381.94 Construction Systems, Inc.New police station project costs $27,201.48 Kendell Doors & Hardware New police station project costs $110,684.65 Kraus-Anderson Construction Co New police station construction management costs $67,645.53 Mansfield Oil Company Fuel for city fleet $34,966.41 MN PERA Employee & city required contributions for 7/8/22 pay date $62,397.16 McDowall Company New police station project costs $421,804.37 Minger Construction Companies Orchard pipe rehab project $34,054.86 Multiple Concepts Interiors New police station project costs $51,925.34 Park Construction Company 2022 mill & overlay AFP #2 $196,812.69 RTL Construction, Inc.New police station project costs $264,063.74 Top Lite Contract Glazing New police station project costs $85,515.20 Veit & Company Contractors, Inc.New police station project costs $432,777.45 Towmaster, Inc.Replacement build for #309 Freightliner truck $125,299.00 West Metro Fire Rescue District July contribution to West Metro Fire $113,656.47 $2,890,443.59 Description 7.1 CITY COUNCIL STAFF REPORT Regular Agenda: July 19, 2022 City Council Meeting Consideration of civil penalties for Klever Alcibar Sanchez Miranda d/b/a Klever Liquor for violation of liquor license regulations DATE: July 13, 2022 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 civil penalties for violation of liquor license regulations by Klever Alcibar Sanchez Miranda d/b/a Klever Liquor at 5120 56th Ave. N. Background On Dec. 8, 2021 alcohol compliance checks were conducted at licensed liquor establishments by Crystal Police Department. As a result, Klever Liquor did not pass this compliance check. An employee of the business has pleaded guilty in court to the sale of alcohol to a minor, which is a violation of state law and Crystal City Code § 1200.35. The attached notice was mailed to the liquor licensee on July 7, 2022. This is considered a first violation for this licensee. Requested City Council action Consistent with City Code and Resolution No. 2018-160, staff recommends Klever Liquor receive a one-day license suspension and civil fine of $750 with the city clerk determining the date of the license suspension and payment date of the fine. 7.2 7.2 562973v4CR225-464 2019 Crystal City Code 1200.31(a) (a) The licensed premises of the business are destroyed by fire or other catastrophe; (b) The licensee ceases business because of death or serious illness; or (c) The business ceases to be lawful for a reason other than a license revocation. The city council shall, in its sole discretion, determine whether such a refund is appropriate, and if so, in what amount. 1200.33. Consumption and display permits. Subd. 1. Permit required. No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the commissioner. Rental of a public facility does not make the city or the facility a “business establishment” for purposes of this section. The city council must consent to all permits issued by the commissioner pursuant to Minnesota Statutes, section 340A.414, subdivision 5. Subd. 2. Additional fees. There is imposed upon holders of permits issued pursuant to Minnesota Statutes, section 340A.414 an additional fee of $300 per annum. The fee must be paid to the city finance director on or before March 31 of each year and a receipt given thereof, provided, however, upon commencement of a new permit period under the state permit, if a portion of the year has elapsed when payment is made, a pro rata fee may be paid but no such pro rata fee may be less than $150. In computing the fee, an unexpired fraction of a month is counted as one month. The receipt must be posted in some conspicuous place upon the premises alongside the state permit. Subd. 3. Inspections. A business establishment or club issued a permit shall be open for inspection pursuant to Minnesota Statutes, section 340A.414, subdivision 7. Subd. 4. Hours of consumption and display. The hours of consumption and display of intoxicating liquor are those specified in section and Minnesota Statutes, section 340A.414. 1200.35. Conditions of license; penalties. Subd. 1. Conditions of license. The failure of a licensee to meet any one of the conditions of the license specified below shall result in the application of penalties as provided in this subsection. (a) Within 90 days after employment, every person selling or serving liquor in an establishment which has an on-sale license shall receive training regarding the selling or serving of liquor to customers. The training shall be provided by an organization approved by the city council. Proof of training shall be provided by the licensee. 7.2 562973v4CR225-464 2019 Crystal City Code 1200.35, Subd. 1(b) (b) Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this Crystal city code and the law equally with the employee. (c) Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the city council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant. (d) No on-sale establishment shall display or sell liquor to the public during hours when the sale of liquor is prohibited. (e) Compliance with financial responsibility requirements of state law and of this Crystal city code is a continuing condition of any license. (f) Compliance with all laws, rules, and regulations related to the retail sale of intoxicating liquors, including the provisions of Minnesota Statutes, chapters 297F and 340A, Minnesota Rules, chapter 7515, and the Crystal city code. Subd. 2. Penalties. (a) Misdemeanors. A person who violates this section is guilty of a misdemeanor unless otherwise provided by law. (b) Presumptive revocation. The city council may revoke a license, following, notice and an opportunity to be heard, on the first violation for the following types of offenses: (1) Commission of a felony by licensee or an employee of licensee related to the licensed activity authorized by this chapter and Minnesota Statutes, chapter 340A. (2) The sale of alcoholic beverages on the licensed premises while a license is under suspension or revocation. (c) Administrative civil penalties. If a licensee or an employee of a licensee is found to have violated any of the provisions of state law or this section, the city council may impose an administrative penalty, including a civil fine and/or suspension of the license, in such amounts and for such periods as set out Crystal city code, appendix IV. 7.2 2019 Crystal City Code 1200.35, Subd. 3 Subd. 3. Presumptions regarding administrative penalties. The administrative penalties described in subdivision 2 of this subsection and set out in Crystal city code, appendix IV are the presumed sanctions for the violations indicated. In the event of any license suspension imposed under this section, the city council may select which days a suspension will be served. Notwithstanding any of the provisions contained herein, a license may be revoked for any violation of this section when in the judgment of the city council it is appropriate to do so. The city council may impose lesser penalties under subdivision 2 of this subsection when in the judgment of the city council it is appropriate to do so. Other mandatory requirements may be made of the establishment including, but not limited to, meetings with the police department staff to present a plan of action to assure any observed problems will not continue, mandatory education sessions with crime prevention staff, or other actions that the city council deems appropriate. 562973v4CR225-464 7.2 7.2 7.2 CITY COUNCIL STAFF REPORT Regular Agenda: July 19, 2022 City Council Meeting Consideration of civil penalties for Stino, Inc. d/b/a Big Louie’s Bar and Grill for violation of tobacco license regulations DATE: July 13, 2022 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 civil penalties for violation of tobacco license regulations by Stino, Inc. d/b/a Big Louie’s Bar and Grill located at 5216 West Bdwy. Background Earlier this year, city staff received notice from the Minnesota Department of Revenue that contraband tobacco was seized from Big Louie’s Bar and Grill. The attached notice was mailed to the owners of Big Louie’s Bar and Grill on July 7, 2022. Also attached is the letter staff received from the state regarding the specifics under which the property was declared contraband and seized. Selling contraband tobacco is a violation of state law and Crystal City Code § 1105.13. This is considered a first violation for this licensee. Requested City Council action Consistent with City Code and Resolution No. 2020-83, staff recommends Big Louie’s Bar and Grill receive a one-day license suspension and civil fine of $750 with the city clerk determining the date of the license suspension and payment date of the fine. 7.3 7.3 CR225-464-562949.v5 2019 Crystal City Code 1105.13 1105.13. Administrative civil penalties. Subd. 1. Individuals. A person who sells, gives or otherwise furnishes a covered product to a person under the age of 21 years is subject to an administrative penalty identified in Crystal city code, appendix IV, after the individual has received notice, served personally or by mail, of the alleged violation and been provided an opportunity for a hearing. Subd. 2. Licensee. If a licensee or an employee of a licensee is found to have sold, given or otherwise furnished a covered product to a person under the age of 21 years, or committed a violation of Minnesota Statutes, chapter 297F, the city council shall impose administrative penalties on the licensee as provided in Crystal city code, appendix IV. Prior to imposing an administrative penalty the city shall provide the licensee written notice of the alleged violation and provide an opportunity for the licensee to be heard by the city council. Subd. 3. Defense. It is an affirmative defense to a charge of selling, giving or otherwise furnishing a covered product to a person under the age of 21 years in violation of this section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, section 340A.503, subdivision 6. Subd. 4. Education and training. In addition to or in lieu of any other penalty imposed under this section, any person under the age of 21 years who purchases, possesses, or consumes a covered product shall attend an educational seminar approved by the chief of police regarding the legal and medical implications of using a covered product. Subd. 5. Presumptions regarding administrative penalties. Though the administrative penalties described in this subsection are presumed, in no event shall the amount of any fine or period of suspension be less than the amounts and periods required in Minnesota Statutes, section 461.12, subdivisions 2 and 3. Other mandatory requirements may be made of the business including, but not limited to, meetings with law enforcement to present a plan of action to ensure the problem will not continue, mandatory education sessions with crime prevention staff, or other actions the city council may deem appropriate. 1105.15. Compliance monitoring. Subd. 1. Compliance checks. As required by Minnesota Statutes, section 461.12, subdivision 5, the police department shall at least once a year perform compliance checks at each location licensed under this section to sell a covered product. License applicants may be informed of this policy at the time of license application and renewal. Violators of this section may be subject to more frequent compliance monitoring than non-violating licensees. The police department may annually report to the city council the results of said compliance checks. 7.3 7.3 7.3 7.3 7.3 7.3 CITY COUNCIL STAFF REPORT Regular Agenda: July 19, 2022 City Council Meeting Consideration of civil penalties for Northern Tier Retail, LLC d/b/a Speedway #4052 for violation of tobacco license regulations DATE: July 13, 2022 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 civil penalties for violation of tobacco license regulations by Northern Tier Retail, LLC d/b/a Speedway #4052 located at 5359 West Bdwy. Background Earlier this year, city staff received notice from the Minnesota Department of Revenue that contraband tobacco was seized from Speedway #4052. The attached notice was mailed to the owners of Northern Tier Retail, LLC on July 7, 2022. Also attached is the letter staff received from the state regarding the specifics under which the property was declared contraband and seized. Selling contraband tobacco is a violation of state law and Crystal City Code § 1105.13. This is considered a first violation for this licensee. Requested City Council action Consistent with City Code and Resolution No. 2020-83, staff recommends Speedway #4052 receive a one-day license suspension and civil fine of $750 with the city clerk determining the date of the license suspension and payment date of the fine. 7.4 7.4 CR225-464-562949.v5 2019 Crystal City Code 1105.13 1105.13. Administrative civil penalties. Subd. 1. Individuals. A person who sells, gives or otherwise furnishes a covered product to a person under the age of 21 years is subject to an administrative penalty identified in Crystal city code, appendix IV, after the individual has received notice, served personally or by mail, of the alleged violation and been provided an opportunity for a hearing. Subd. 2. Licensee. If a licensee or an employee of a licensee is found to have sold, given or otherwise furnished a covered product to a person under the age of 21 years, or committed a violation of Minnesota Statutes, chapter 297F, the city council shall impose administrative penalties on the licensee as provided in Crystal city code, appendix IV. Prior to imposing an administrative penalty the city shall provide the licensee written notice of the alleged violation and provide an opportunity for the licensee to be heard by the city council. Subd. 3. Defense. It is an affirmative defense to a charge of selling, giving or otherwise furnishing a covered product to a person under the age of 21 years in violation of this section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, section 340A.503, subdivision 6. Subd. 4. Education and training. In addition to or in lieu of any other penalty imposed under this section, any person under the age of 21 years who purchases, possesses, or consumes a covered product shall attend an educational seminar approved by the chief of police regarding the legal and medical implications of using a covered product. Subd. 5. Presumptions regarding administrative penalties. Though the administrative penalties described in this subsection are presumed, in no event shall the amount of any fine or period of suspension be less than the amounts and periods required in Minnesota Statutes, section 461.12, subdivisions 2 and 3. Other mandatory requirements may be made of the business including, but not limited to, meetings with law enforcement to present a plan of action to ensure the problem will not continue, mandatory education sessions with crime prevention staff, or other actions the city council may deem appropriate. 1105.15. Compliance monitoring. Subd. 1. Compliance checks. As required by Minnesota Statutes, section 461.12, subdivision 5, the police department shall at least once a year perform compliance checks at each location licensed under this section to sell a covered product. License applicants may be informed of this policy at the time of license application and renewal. Violators of this section may be subject to more frequent compliance monitoring than non-violating licensees. The police department may annually report to the city council the results of said compliance checks. 7.4 7.4 7.4 7.4 7.4 7.4 Page 1 of 2 To: Mayor and Council CC: Anne Norris, City Manager From: John Sutter, Community Development Director Date: July 1, 2022 Subject: Proposed resolution requesting alternatives to be included in the environmental review for the Blue Line Extension On June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report for the Blue Line Extension to run in the median of Bottineau Boulevard through Crystal, with a station at Bass Lake Road. Prior to this, the city’s elected officials, staff and community members have provided feedback through multiple channels and venues. The two dominant concerns are the vehicular mobility impacts of reducing Bottineau Boulevard from six lanes to four, and public safety concerns in and around the Bass Lake Road station including the proposed interchange. With approval of the Route Modification Report, the project now moves into the Environmental Review and Municipal Consent phases. A Municipal Consent vote is anticipated 9-12 months from now. Staff opinion is that the city should formally request that certain alternatives be included in the environmental review: 1.No Build alternative reflecting maintenance of existing conditions. 2.Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3.Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. Memorandum 7.5 Page 2 of 2 For each of these alternatives, the environmental review process would identify impacts and potential mitigation measures. It is important to note that the impacts and mitigation may or may not support a particular alternative, and there will be trade-offs. For example, either of the six lane alternatives would presumably have less impact on vehicular mobility than the project’s preferred four lane alternative, but would require widening the roadway footprint which in turn may require mitigation measures. Ultimately it will be up to the City Council to decide which alternative (if any) receives an affirmative municipal consent vote. Staff recognizes that there is a mix of opinions about the project in general and design options in particular. Our goal is to ensure that the Council has the information it needs to take an informed municipal consent vote in 2023. To that end, staff will place the attached resolution on the July 19 City Council agenda. If you have questions or would like to request that this be added to an upcoming work session agenda for Council discussion, please Anne know. Thank you. 7.5 Page 1 of 2 CITY OF CRYSTAL RESOLUTION NO. 2022 - __ REQUEST FOR INCLUSION OF ALTERNATIVES IN THE ENVIRONMENTAL REVIEW FOR THE METRO BLUE LINE EXTENSION WHEREAS, the City of Crystal (“City”) has long been underserved by the regional public transit system, with limited access to jobs and services in adjacent communities; and WHEREAS, the City desires improved and expanded transportation options and connections for its residents, businesses, institutions and visitors; and WHEREAS, the City has actively participated in efforts to bring high-frequency transit service to the northwest suburbs, including the proposed Metro Blue Line Extension (“the Project”); and WHEREAS, the Project has developed conceptual layouts for the Project, specifically, at grade in the median of Bottineau Boulevard, and city staff, the Mayor and City Council, and community members have provided input as requested by Metro Transit and Hennepin County; and WHEREAS, on December 13, 2021, Metro Transit and Hennepin County released the Draft Route Modification Report; and WHEREAS, on January 18, 2022, the Crystal City Council adopted Resolution 2022-12 commenting on the draft Route Modification Report, including the planned reduction of the number of traffic lanes in the Crystal segment from six to four and replacement of the intersection of Bottineau Boulevard and Bass Lake Road with a grade-separated interchange; and WHEREAS, on June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report; and WHEREAS, with this approval, the Project now moves into the Environmental Review and Municipal Consent phases; and WHEREAS, it is in the best interest of the City to formally request inclusion of certain alternatives in the Environmental Review to inform the City Council’s anticipated Municipal Consent vote in 2023. NOW, THEREFORE, BE IT RESOLVED that, in addition to the alternatives shown in the conceptual layouts previously provided to the City and described in the Route Modification Report, the City Council requests inclusion and analysis of the following alternatives in the Environmental Review for the Project: 7.5 Page 2 of 2 1. No Build alternative reflecting maintenance of existing conditions. 2. Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3. Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. BE IT FURTHER RESOLVED that inclusion of these alternatives in the Environmental Review is essential for the City Council to consider an affirmative Municipal Consent vote on the Project. Adopted by the Crystal City Council this 19th day of July, 2022. _______________________________ Jim Adams, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 7.5 Memorandum DATE: July 19, 2022 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Award contract for 2022 miscellaneous concrete repair project Summary Each year the City has miscellaneous concrete work done throughout the City. This year’s project will include: 1)Replacement of traffic control signal handhole castings and surrounding sidewalks 2)Miscellaneous sidewalk panel replacements 3)Miscellaneous curb replacement work Cost The budget for the miscellaneous concrete work is $60,100. The work scope can be adjusted as needed to fit within the budget. Funding comes from the Street Improvement Fund. Quotes The City solicited quotes from contractors, including those already doing work in the City. Quotes for the project were received and open opened at 2pm on Friday, July 15, 2022. The results of the quotes will be provided at the Council meeting. Attachment •Project location maps Recommended Action Motion authorizing the contract for the 2022 miscellaneous concrete repair project. 7.6 !( !( !( !(!( !( !( !( !(!(!( !( !( !( !(!( !(!( !(!(!(!( !( !(!( 5 1 20 1315 7 8 9 2 3 4 6 10 11 1112 1429 222221 19 16 1718 Twin LakeOrchard54th Wilshire ScottHampshireJerseyWe s t B r o a d w a y DouglasE lm h u r s t RegentQuail58th Fairview PerryBass Lake 49th 52nd Angeline53rd 58th 52nd Brunswick56th HampshireJerseyKentucky59th 58th Idaho57th QuailVera CruzVera Cruz59th 51st 57th 8 1 L a k e l a n d PerryGeorgiaFlorida51st AdairBernard Wilshire 49th Quail54th Fairview RegentToledoXeniaWelcome56thZane57th Welcome57th Fairview Corvallis FloridaLouisianaJerseyLouisianaColorado 58th Maryland55th Crystal Airport YatesEdgewoodYatesXenia50th ZaneMarylandKentuckyIdahoGeorgiaEdgewoodJerseyXeniaMarylandCP Dudley Corvallis 50th ToledoCPUnitySherburneWelcome53rdDouglasKentuckyCloverdale B N S F Willow Brentwood L a k e l a n d L a k e l a n d NevadaHa n s o n Scott·0 0.25 0.5 Miles Exhibit "B" (North) Concrete Repair Locations 2022 7.6 !( !(!(!(!(!(!( !( !( 28 25 27272626 30 31 24 43rd 34th 36th 32nd Adair38th Douglas42nd 41st HampshireIdahoHampshireGeorgiaJerseyKentuckyEdgewoodLouisianaXeniaEdgewoodGeorgia43rd 30th 41st OregonWelcomeNevada40th 39th 38thJersey YatesXeniaZaneVeraCruz 41st Idaho37th BrunswickFloridaKentuckyWelcomeMarkwood 38th 40th 3 9 1 /2 41 1/2 33rd 40th 39th 35th 31st 43rd NevadaJerseyFloridaMarylandEdgewoodOregonFlorida31st ColoradoBrunswickJerseyLouisianaMarylandValley Hill GeorgiaIdahoGeorgiaColorado39th Adair39th MarylandXeniaWelcomeYatesYates·0 0.25 0.5 Miles Exhibit "B" (South) Concrete Repair Locations 2022 7.6 10'r Ar RESOLUTION NO.2022-64 AUTHORIZING THE CONTRACT FOR 2022 CONCRETE REPAIR PROJECT WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the City routinely needs various types of concrete repairs completed each year; and WHEREAS, the City has allocated funding in the Street Improvement Fund for such work; and WHEREAS, contractors were invited to submit quotes and quotes were opened on July 15, 2022; and WHEREAS, Create Construction provided the lowest qualified quote for the pro j ect. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for the 2022 concrete repair project to Create Construction in the amount of $56,210. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to sign said agreement. Adopted by the Crystal City Council this 19th day of July, 2022. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 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. m, (Information provided on this Joan is open to the public) y(I {�1� �''"'Q�{''fJ'{"�Q ! r / (please print clearly) The ^topicC^ Iwlsh to address ls:.Yty t/", d9r Nett fo146 /1 oe C4 �1' ii4'�uDlt (l(Ph Sr � 5�4 &Al Name: SA nif� izS Ah Address: 34T4p Qjt,s s � Al Zip Code: Ci 7 t,lLt— Date: Day Phone (optic Email (optional): Thank you for your attendance and participation. "n. achy