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2024.02.06 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 2, 2024 City Council Meeting Schedule Tuesday, Feb. 6 , 2024 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. Police Department Updates 2. Add cannabis buffer distances to UDC 3. Constituent issues. 4. New business. 5. 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 Immediately following the City Council meeting/Work Session City Council special work session - closed session to develop an offer for property at 5273 West Broadway* Conference Room A The public may attend the meetings via Zoom by connecting through one of the methods identified below. *A portion of the work session may be closed pursuant to Minnesota Statutes, Section 13D.05, Subd. 3(c) for the purpose of considering or developing an offer for property at 5273 West Broadway. Topic: Crystal City Council work session, City Council meeting , and City Council work session, if necessary. Time: Feb. 6, 2024, 6:30 p.m., Central Time (US and Canada) Join Zoom Meeting: https://us02web.zoom.us/j/86141642263?pwd=azI0bzVyY3hUUC9RbkZsejZWUTFJZz09 Meeting ID: 861 4164 2263 | Passcode: 414141 One tap mobile: +19292056099,,86141642263#,,,,*414141# US (New York) +13017158592,,86141642263#,,,,*414141# US (Washington DC) Dial by your location: • +1 929 205 6099 US (New York) • +1 301 715 8592 US (Washington DC) • +1 305 224 1968 US • +1 309 205 3325 US • +1 312 626 6799 US (Chicago) • +1 646 931 3860 US • +1 507 473 4847 US • +1 564 217 2000 US • +1 669 444 9171 US • +1 669 900 6833 US (San Jose) • +1 689 278 1000 US • +1 719 359 4580 US • +1 253 205 0468 US • +1 253 215 8782 US (Tacoma) • +1 346 248 7799 US (Houston) • +1 360 209 5623 US • +1 386 347 5053 US Find your local number: https://us02web.zoom.us/u/kewfx4GIhc 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: Feb. 2, 2024 City Council Work S ession Agenda Tu esday, Feb. 6, 2024 6:30 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, Jan. 16, 2024, at ______ p.m. in th e Council Chamb ers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom . If the agenda items are not completed in time for the City Council m eeting at 7 p.m., the work session will b e continued and resumed immediately following the City Council m eeting. 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, Jan. 16, 2024. I.Attendance Council members Staff ____ K amish ____ Bell ____ Kiser ____ Gilchrist ____ Onesirosan ____ Therres ____ Adams ____ Elholm ____ Budziszewski ____ Larson ____ Cummings ____ Perkey ____ Eidbo ____ Revering ____ Sutter ____ Serres II.Agenda The purpose of the work session is to discuss the following agenda items: 1.Police Department Update s 2.Add cannabis buffer distances to UDC. 3.Constituent issues.* 4.New business.* 5.Announcements.* III.Adjournment The work session adjourned at ______ p.m. *D enotes no documentation included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763)531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Adam Bell, City Manager DATE: February 2, 2024 SUBJECT: Work Session: February 6, 2024 ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND The Crystal Police Department was a founding member, along with eight other cities, of the North West Metro Drug Task (NWDTF) force that started around 1990. The task forces established around the state were in response to a federal plan to localize drug enforcement to better serve local needs. Each of the member cities dedicated an officer, at the city’s expense, to serve as a task force officer and the cities rotated supervision and fiscal agent duties. All additional expenses (vehicles, radios, equipment, office equipment, etc.) were funded through state and federal grants and seized assets. Over the years, various cities changed directions and moved their assigned officer to other assignments. In 2022, the NWDTF Board of Directors (made up of the police chiefs of member cities) made the difficult decision to dissolve the NWDTF due to not having enough officers assigned to the task force to allow them to effectively fulfill their mission. Recognizing the need for our community to have a continued focus on preventing and investigating violent crime even though the NWDTF dissolved, we have been exploring other options to keep a targeted focus on this important priority. We investigated joining other task forces or creating a new area entity targeting violent crime. Through this work, we became aware that the MN Bureau of Criminal Apprehension (BCA) had received funding from the legislature to form the Violent Crime Reduction Unit (VCRU) focused exclusively on combatting violent crime areas that have seen increases over the past few years. The VCRU will be a task force partnership between the BCA and 10 chosen law enforcement agencies in the metro area. The primary focus of the VCRU will be on violent crime in the member agency jurisdictions, however, the Unit may be called on to assist other metro agencies as requests and capacity allow. After our initial discussions with BCA leadership, we were informed the Crystal Police Department had been chosen as one of the agencies to partner on this task force due to our solid reputation of being a good collaborative partner and being proactive in our work. If the city agrees to the Joint Powers Agreement (JPA) for the VCRU, the state will provide the funding for one officer, including overtime, a vehicle, and all other needed equipment. The initial legislative funding allocation is for three years through the end of 2026. BCA leadership has stated they anticipate this funding will be continued after the initial allocation and they intend to ask for expansion of the Unit assuming they see the successes they anticipate. NEXT STEPS The BCA is in the final stages of completing the JPA for partner cities to approve. Staff will be reviewing these documents to ensure they are compatible with our goals, philosophies, and policies. Assuming the staff finds no problems with the documents, we would anticipate bringing it before the City Council for approval to enter the partnership. If approved, we would conduct an internal selection process, with input from VCRU leadership, and an officer would be appointed for assignment to the unit. The VCRU officer would be given day-to-day supervision by the BCA VCRU Commander and would also be given direction by our Investigations Lieutenant. Due to the state funding appropriation of this task force, this provides a unique opportunity for the Police Department to add an additional police officer to our authorized strength of officers from 34 to 35 without any impact on the city budget for the foreseeable future. We believe this opportunity should be strongly considered, understanding that if the funding for this position were to end in the future, this would result in the necessary reduction of the authorized strength back to 34 officers. Given the normal cycle of officer vacancies, we believe there is very little risk of any financial ramifications to the city if this were to be the case. CONSIDERATION Deputy Chief Hubbard and myself will be present at the February 6, 2024, work session to discuss this topic with you. Our request would be to get your feedback and direction on 1) moving forward with finalizing a Joint Powers Agreement with the MN BCA for entering the Violent Crime Reduction Unit for Council consideration and 2) obtaining approval for increasing the authorized strength of police officers from 34 to 35 contingent and dependent on ongoing reimbursement from the state for all expenses related to the additional officer. As always, please let me know if you have any questions. Thanks. Page 1 of 2 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: January 31, 2024 TO: Adam R. Bell City Manager (for February 6 work session) SUBJECT: Moving cannabis buffer distances from licensing code to Unified Development Code (zoning) and potential changes to the buffer distances In 2023 the City Council adopted a THC edibles licensing ordinance which included the following buffer distances, measured from property line to property line (not door to door): •1,000 feet from any school •500 feet from any park or drug/alcohol treatment facility The attached current map illustrates these buffer distances. As the city prepares for the state’s eventual licensing of full cannabis shops in addition to THC edibles, staff requests Council discussion of the following potential changes: A.Move the buffer requirements from licensing to the UDC The main reason to adopt the buffer distances into the UDC (Unified Development Code a.k.a. the zoning ordinance) is that there are nonconforming use rights associated with zoning regulations. If a use is lawfully established but the code or other conditions subsequently change to make that use nonconforming, the use may continue (but not expand). Nonconforming use rights only expire if the use has been discontinued for a year. This is important for buffer regulations because the buffers are based on the use of other properties. For example, a cannabis business may be lawfully established but subsequently a drug/alcohol treatment facility could open up within 500 feet. At that point the cannabis business would no longer conform to the buffering requirement but could continue to operate as a nonconforming use. If the buffer distances remain in the licensing code the Council could be faced with denial of a license renewal for an otherwise lawful existing business. COUNCIL STAFF REPORT Cannabis Buffer Distances Page 2 of 2 B.Consider adopting less restrictive buffers In 2023, the Council adopted the most restrictive buffers allowed by state law except that it did not include a 500-foot buffer around daycares. Staff prepared three versions of the map reflecting potential changes that would lessen the buffer requirements: 1.Alternate 1 would exclude Robbinsdale Learning Center at 305 Willow Bend (in the Crystal Shopping Center) as a school but make no other changes. While RLC does have some family-oriented programming it is not primarily a facility for those under age 21 and the code could be written in a way that would exclude it as a “school.” 2.Alternate 2 would reduce the school buffer to 500 feet to match the other buffers but not make any other changes. 3.Map Alternate 3 would exclude Robbinsdale Learning Center as a school AND would reduce the buffer for the remaining school properties to 500 feet to match the other buffers. The alternate maps are attached. C.Consider applying cannabis buffer distances to off-sale alcohol and tobacco If the buffers are moved to the UDC, the Council could consider making off-sale alcohol and tobacco businesses subject to the same buffers. Due to nonconforming use rights, any existing off-sale or tobacco business that would not be in compliance with the buffers could continue (but not expand). The nonconforming use rights would only expire if the off-sale or tobacco business ceased operation for one year. COUNCIL DISCUSSION REQUESTED Staff requests Council discussion and direction regarding A, B, and C above. If the Council desires to move the buffer distances into the UDC, the next step would be to set a Planning Commission public hearing on a UDC text amendment. For example, the next available Planning Commission meeting is March 11 which would be followed by Council first reading on March 19, second reading and adoption on April 2, publication on April 11, and an effective date of May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age 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 2, 2024 City Council Meeting Agenda Tuesday, Feb. 6, 2024 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. Appearances 3.1 Police Chief Revering will present Crystal Police Officers with a Lifesaving Award. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meeting s: a. The City Council work session on Jan. 11, 2024. b. The City Council work session on Jan. 16, 2024. c. The City Council meeting on Jan. 16, 2024. 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 approving the Healthy Tree Canopy grant agreement with Hennepin County. 4.4 Adoption of a resolution authorizing a Community Development Block Grant application for the 2025 Twin Oak Park project. 4.5 Adoption of a resolution levying a special assessment for fire protection system costs at 3600 Douglas Dr. N. 4.6 Approval of Council letter to MnDOT Commissioner regarding airport zoning amendment process . 4.7 Adoption of a resolution authorizing a grant from the Hennepin Farm to Community Local Food Purchase Assistance (LFPA) project. 4.8 Adoption of a resolution authorizing a provider agreement with Hennepin County to help fund access to youth sports in Crystal. Page 2 of 3 5. Open Forum The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes , and topic discussion is limited to 10 minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas. 6. Regular Agenda 6.1 The Council will consider approval of disbursements of more than $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a resolution to attach the Crystal Airport Zoning Ordinance as an appendix to the Crystal City Code. After approval by the Minnesota Department of Transportation (MnDOT), an airport zoning ordinance amendment was adopted by the Joint Airport Zoning Board in November and went into effect on January 1, 2024. The City Council held a work session to discuss how to incorporate the ordinance amendment into city regulations. The council indicated that its preference is to adopt a resolution to attach the Crystal Airport Zoning Ordinance as an appendix to the city code. Recommend adoption of the resolution. 6.3 The Council will consider a resolution approving the contract with Municipal Builders, I nc. for the Joint Water Commission pumphouse project. On December 19, 2023, the Council approved the plans and specs and ordered the advertisement for bids for the Joint Water Commission Golden Valley and Crystal Pump House Improvements. Bids for the project were opened on January 25, 2024. Four bids were received, and the qualified low bidder was Municipal Builders, Inc. The bid is $551,272 under budget. As a JWC project, no direct city funds will be used for this project. The Golden Valley pumps will be replaced in 2024-2025 and the Crystal pumps will be replaced in 2025-2026. Recommend approval. Page 3 of 3 6.4 The Council will consider resolutions for the 2024 Utility Improvement Project A portion of Louisiana Ave . N. be tween Medicine Lake Road (27th Ave. N.) and 32nd Ave. N. has been identified for reconstruction in 2024. This is a j oint project with the City of New Hope. The work will consist of the removal and replacement of the existing water main and sanitary sewer main, as well as new fire hydrants and water service laterals from the mains to the city-owned curb stop. The work will also include stormwater modifications and the narrowing of the roadway with the dedication of parking on the west side of the street and the addition of a sidewalk on the east. There are sufficient funds in the capital funds for this work. The estimated construction total is $168,417.10 under budget. There are two related motions for this item. If approved, the contract will be brought back for Council consideration and awarding in March. Recommend approval of both. a. Approve the plans and specifications for the 2024 Utility Improv ement Project; and b. Order advertisement for bids for the 2024 Utility Improvement Project 6.5 The Council will consider a resolution restricting parking on Louisiana Avenue . As part of the 2024 Utility Improvement Project, a section of Louisiana Ave. is being narrowed and parking is being placed on the west/New Hope side . It is therefore recommended that Crystal prohibits parking at any time on the east side of the east side of Louisiana Avenue North from Medicine Lake Road/27th Avenue N to 32nd Avenue N. Recommend approval. 7. Announcements a. The next City Council meeting is Tuesday, Feb. 20 at 7 p.m. in the Council Chambers at City Hall and via Zoom. b. Metro Transit and Hennepin County will hold a community open house to show the latest plans for the Blue Line Extension on Thursday, March 7 from 5-8 p .m. at the Crystal Community Center. c. 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. 8. Adjournment Have a great weekend. See you at Tuesday’s meeting. Crystal City Council work session minutes Jan. 11, 2024 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the regular work session of the Crystal City Council was held at 6:32 p.m. on Jan. 11, 2024, in the upper Community Room at City Hall, 4141 Douglas Dr. N., Crystal, MN 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: Cummings, Eidbo, Kamish, Kiser, Onesirosan, Adams and Budziszewski (arrived at 6:48 p.m.). City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Police Chief S. Revering, Community Development Director J. Sutter and City Planner D. Olson. Also present were the following Blue Line Extension representatives: Chris Beckwith and Nick Landwer from Metro Transit; and Dan Solar from Hennepin County. II.Agenda The Council and staff discussed the following agenda items: 1.Blue Line Extension design update. 2.Joint Airport Zoning Board ordinance amendment. 3.Blue Line Anti-Displacement policies/programs. III.Adjournment The work session adjourned at 8:48 p.m. Jim Adams, Mayor ATTEST: Adam R. Bell, City Manager 4.1(a) Crystal City Council work session minutes Jan. 16, 2024 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:31 p.m. on Jan. 16, 2024 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN 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: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Recreation Director J. Elholm, Police Chief S. Revering, Community Development Director J. Sutter, West Metro Fire-Rescue District Chief S. Larson, Deputy Police Chief B. Hubbard, Police Lieutenant P. Underthun and City Clerk C. Serres. Assistant City Manager K. Therres and Interim Public Works Director/City Engineer B. Perkey were present via Zoom. II.Agenda The Council and staff discussed the following agenda items: 1.JAZB ordinance process. 2. 2024 capital program review. 3. 2024 legislative priorities. At 6:57 p.m., Mayor Adams continued the work session to resume immediately after the City Council meeting. Mayor Adams reconvened the work session at 8:01 p.m. to continue discussion of the 2024 legislative priorities and the following agenda items: 4. City Council liaison reports. 5. City manager monthly check-in. 6. Constituent issues. 7. New business. 8. Announcements. III.Adjournment The work session adjourned at 8:45 p.m. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(b) Crystal City Council meeting minutes Jan. 16, 2024 Page 1 of 4 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the meeting of the Crystal City Council was held on Jan. 16, 2024, at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN 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: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Police Chief S. Revering, Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, 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 Budziszewski and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Proclamation 3.1 The Mayor proclaimed February 2024, as Black History Month in the City of Crystal. 4.Appearances 4.1 Police Chief Revering introduced Officer Josh Butterfield, who completed probation. 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 Jan. 2, 2024. b.The City Council meeting on Jan. 2, 2024. 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. 2024-03, accepting a donation. 5.4 Adoption of Res. No. 2024-04, appointing City Manager Adam R. Bell as Crystal’s representative to the Joint Water Commission for a term to expire Jan. 31, 2027. 5.5 Adoption of Res. No. 2024-05, reappointing Randy Bergstrom as Crystal’s alternate representative to the Shingle Creek Watershed Management Commission for a term to expire Jan. 31, 2027. 4.1(c) Crystal City Council meeting minutes Jan. 16, 2024 Page 2 of 4 5.6 Adoption of Res. No. 2024-06, approving a new premises permit for lawful gambling at Buffalo Wild Wings #69, 5590 West Broadway, submitted by West Metro Fire-Rescue District Firefighters Relief Association. 5.7 Adoption of Res. No. 2024-07, designating a municipal advisor. 5.8 Adoption of Res. No. 2024-08, establishing an Absentee Ballot Board for the 2024 elections. 5.9 Adoption of Res. No. 2024-09, appointing election judges for the 2024 elections. 5.10 Adoption of Res. No. 2024-10, approving the 2024 Council Rules. Moved by Council Member Kiser and seconded by Council Member Kamish to approve the consent agenda. Motion carried. 6. Open Forum The following persons addressed the Council during open forum regarding traffic safety concerns: • Jeff Guest, 2928 Louisiana Ave. N. • Benita Brezinski, 3140 Louisiana Ave. N. 7. Public Hearing 7.1 Mayor Adams announced the purpose of the hearing: To receive comment, and Council consideration of a new off-sale liquor license for Vangcheng, LLC d/b/a Liquor Barrel Wine and Spirits located at 5628 West Broadway. City Clerk Chrissy Serres addressed the Council. Applicant Cheng Her 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 Budziszewski and seconded by Council Member Cummings, to approve the off-sale liquor license for Vengcheng, LLC d/b/a Liquor Barrel Wine and Spirits located at 5628 West Broadway. Voting aye: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried. 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 Kiser and seconded by Council Member Onesirosan to approve the list of disbursements over $25,000. Voting aye: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried. 4.1(c) Crystal City Council meeting minutes Jan. 16, 2024 Page 3 of 4 8.2 The Council considered approval of a contract with Tubman for domestic assault advocate services. Deputy Police Chief Brian Hubbard addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the contract with Tubman for domestic assault advocate services. Voting aye: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried. 8.3 The Council considered a resolution authorizing the purchase of a Sprinter van for the Police Department. Police Chief Stephanie Revering and Lieutenant Pete Underthun addressed the Council. Moved by Council Member Kamish and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2024 – 11 RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF A SPRINTER VAN TO REPLACE THE SWAT VEHICLE Voting aye: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried, resolution declared adopted. 8.4 The Council considered a resolution authorizing construction management services for the Crystal Cove Aquatic Center project. Recreation Director John Elholm addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Eidbo to adopt the following resolution: RESOLUTION NO. 2024 – 12 RESOLUTION APPROVING A CONSTRUCTION MANAGER AGREEMENT FOR THE CRYSTAL COVE AQUATIC CENTER PROJECT Voting aye: Eidbo, Kamish, Kiser, Onesirosan, Adams, Budziszewski and Cummings. Motion carried, resolution declared adopted. 9. Announcements The Council and staff made announcements about upcoming events. 10. Adjournment Moved by Council Member Budziszewki and seconded by Council Member Kiser to adjourn the meeting. Motion carried. 4.1(c) Crystal City Council meeting minutes Jan. 16, 2024 Page 4 of 4 The meeting adjourned at 7:52 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Christina Serres, City Clerk 4.1(c) Page 1 of 1 City of Crystal Council Meeting Feb. 6, 2024 Applications for City License Lawful Gambling Edward Neill School, 6600 27th Ave. N., Crystal, MN 55427; Bingo event held on 01/25/2024 (Pre-approved by City Manager Bell 1/19/2024) Rental (New) 5116 Edgewood Ave. N. – Bereket Tenaye 4200 Louisiana Ave. N. – Ben Hartzell (Conditional) Rental (Renewal) 5717 Adair Ave. N. – 3 Rivers St. Paul LLC 5115 Edgewood Ave. N. – Mario Chauca (Conditional) 4749 Georgia Ave. N. – Tammy Duggan 4807 Idaho Ave. N. – Melody Holt 2736 Jersey Ave. N. – Dennis Arel 3146 Kentucky Ave. N. – Febronio Fajardo (Conditional) 3409 Kyle Ave. N. – Hennepin RP Funding LLC 3428 Lee Ave. N. – Sogdiana LLC 2712 Louisiana Ave. N. – Hennepin RP Funding LLC 5640 Nevada Ave. N. – R & B Management II LLC (Conditional) 3425 Regent Ave. N. – Henry Ortiz 3540 Regent Ave. N. – Larry Brockel (Conditional) 4527 Welcome Ave. N. – Tom Kackman 6400 27th Ave. N. – Solar Partnership IV LLP (Conditional) 5808-5812 36th Ave. N. – Haru Management 6512 46th Ave. N. – 6512 LLC 5016 52nd Ave. N. – Iasis II LLC 5610 56th Ave. N. – Khue Dang Solicitors Elwin Detzler, Josh Jankowski, Colton Johnes, Elijah Johnson, Brad Kaye, Alejandro Marquez for Legacy Restoration, 15350 25th Ave. N. Suite 114, Plymouth, MN 55447 Tobacco Vangcheng, LLC dba Liquor Barrel Wine and Spirits, 5628 West Broadway, Crystal, MN 55428 (Pre-approved by City Manager Bell 1/29/2024) Tree Trimmer Arbor Tech Tree & Landscape, Inc., 2800 15th St. NE, Sauk Rapids, MN 56379 Bratt Tree Company, 2423 E. 26th St., Minneapolis, MN 55406 Jeff Hoheisel Professional Tree Service, 34214 Hwy. 27, Hillman, MN 56338 Kota Tree Care LLC, 801 Russel Ave. N., Minneapolis, MN 55411 4.2 Page 1 of 1 ___________________________________________________________________________ FROM: John Sutter, Community Development Director D ATE: January 31, 2024 TO: Adam R. Bell City Manager (for February 6 meeting) SUBJECT: Consider a resolution authorizing execution of a Healthy Tree Canopy Grant Agreement with Hennepin County In June staff applied for a Hennepin County Healthy Tree Canopy grant to help respond to the Emerald Ash Borer infestation in 2024. On Oct. 3 the county notified staff that the application had been approved and subsequently provided the agreement to the city. Grant funds will be used to remove EAB infested trees on public property and plant replacement trees. The grant is $50,000 and the required 25% match would be more than covered by expenditures already included in the 2024 Forestry budget. The practical effect of this grant would be to augment city funds budgeted for EAB response. The city received a similar $50,000 grant in 2022 and expended those funds in 2023. Note: The vast majority of EAB infested trees are on private property but county funds may not be used for that purpose. The Minnesota Department of Natural Resources just started a new grant program (ReLeaf) for which trees on private property are eligible. In fall 2023 staff submitted a $550,000 ReLeaf application for private EAB removal and replacement in the years 2024-2026. The city’s application (along with many others) was not funded as there was $6,883,200 available and $33,118,642 requested in that round. City staff discussed with DNR staff ways to make the city’s application more competitive and will resubmit when the next round of ReLeaf funding is available in the first quarter of 2024. Attachments: •Resolution approving the proposed grant agreement •Proposed grant agreement COUNCIL ACTION REQUESTED Adopt the attached resolution authorizing execution of a Healthy Tree Canopy Grant Agreement with Hennepin County. COUNCIL STAFF REPORT Hennepin County Healthy Tree Canopy Grant for $50,000 4.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2024-___ RESOLUTION AUTHORIZING EXECUTION OF A HEALTHY TREE CANOPY GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, a key City Council priority is to create strong neighborhoods; and WHEREAS, a healthy tree canopy is an important factor in neighborhood appeal and livability; and WHEREAS, the City of Crystal is being significantly impacted by the Emerald Ash Borer; and WHEREAS, these impacts include expenditures related to removal and replacement of diseased Ash trees on public property; and WHEREAS, Hennepin County has awarded a $50,000 Healthy Tree Canopy grant to the City to financially assist the city with said removal and replacement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager are authorized to execute the Healthy Tree Canopy grant agreement with Hennepin County. Adopted this 6th day of February, 2024. ______________________________ Jim Adams Mayor ATTEST: _______________________________ Chrissy Serres City Clerk 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 4.3 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: January 31, 2024 TO: Adam R. Bell, City Manager (for February 6 meeting) SUBJECT: Resolution authorizing an application for Community Development Block Grant (CDBG) funds for Twin Oaks Park improvements The city is planning to make improvements to Twin Oaks Park at 5116 Wilshire Blvd. in 2025. Project elements: The estimated total project cost is $450,000. Staff proposes to apply for $225,000 from the CDBG program. The remaining funds would come from the city’s Park Improvements Fund in accordance with the Long Term Plan. Since 2018 the city has received $643,000 of CDBG funds for park improvements in other income-qualified areas: •Becker Park: $160,000 awarded in 2018 •North Lions Park: $57,429 awarded in 2020 •Broadway Park: $160,500 awarded in 2022 plus an additional $265,350 in 2023 COUNCIL ACTION REQUESTED Adopt the attached resolution authorizing the CDBG application. COUNCIL STAFF REPORT CDBG Application for Twin Oaks Park •Replace the play area. CDBG funding would allow us to include rubberized surfacing for greater accessibility, similar to the 2023 project at Broadway Park •Add a picnic shelter for neighborhood gathering •Replace the existing basketball court •Add/replace accessible trails to connect amenities to park access points including Wilshire Blvd. and the sidewalk and bike lanes on Bass Lake Road ELEMENT EST. COST Play Area incl. rubberized surfacing for accessibility $ 215,000 Picnic Shelter $ 90,000 Basketball Court $ 25,000 Trails and related work $ 120,000 TOTAL $ 450,000 4.4 RESOLUTION NO. 2024 - ______ APPROVING PROPOSED APPLICATION FOR 2024 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Crystal, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Crystal has developed a proposal for the use of 2024 Urban Hennepin County CDBG funds; and WHEREAS, the proposal is comprised of improvements to Twin Oaks Park including a new playground, basketball court, picnic shelter, trails and other amenities; and WHEREAS, this project is eligible for CDBG funds because Twin Oaks Park’s service area is a qualifying low-moderate income area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA: 1. That the City Council of the City of Crystal approves the following project(s) for funding from the 2024 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget Twin Oaks Park - Playground and Other Improvements $225,000 2. That the City Council hereby authorizes and directs the Mayor and City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the city to implement the 2024 Community Development Block Grant Program. 3. That, should the actual amount of FY2024 CDBG funds available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager to adjust the activity budget to reflect the actual amount of funding available. Adopted by the Crystal City Council this 6th day of February, 2024. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.4 ___________________________________________________________________________ FROM: John Sutter, Community Development Director D ATE: January 31, 2024 TO: Adam R. Bell, City Manager (for February 6 Council meeting) SUBJECT: Consider a resolution levying a special assessment for a fire protection system at 3600 Douglas Drive North BACKGROUND In March 2018 the City Council adopted a no-interest financing option for installation of fire protection systems (sprinklers) in existing buildings. The following is a summary of the program’s purpose and parameters: Public Purpose: •To reduce the potential for loss of life for building occupants and first responders •To preserve and enhance the value of real property •To prevent the emergence of blight in older buildings •To improve the utilization of older buildings to create jobs and economic opportunities •To counteract the combination of physical constraints, building age and market forces that make fire sprinklers infeasible for some properties Parameters for City Financing: No interest charges - principal payback only. Payback occurs through a special assessment against the property. A petition by the property owner is required. 5 year payback term - 10 semiannual payments due with property taxes (May 15 & October 15 each year). The city self-finances this program with the EDA fund balance. Assistance with installation of fire suppression systems is an eligible EDA expenditure under M.S. 469.002, Subd. 14, (5)(i) and (ii). Special assessment repayments will be credited to the EDA fund. This program was previously used in two locations: •Elision Playhouse at 6105 42nd Ave. N. In 2019 the city approved $100,000 of financing. 2020 was the first year of repayment and the owner is current on the payments. •Multi-tenant commercial building at 5600 56th Ave. N. In 2020 the city approved $64,170 of financing. 2022 was the first year of repayment and the owner is current on the payments. COUNCIL STAFF REPORT 3600 Douglas - Levy Special Assessment for Fire Sprinkler Financing 4.5 SUBJECT PROPERTY The commercial building at 3600 Douglas Dr. N. was purchased in 2022 by Mejron Properties which has completed a building addition together with substantial renovations to the existing building to convert it into a wine and beer store. FIRE PROTECTION SYSTEM AND SPECIAL ASSESSMENT FINANCING • The property owner has installed a fire protection system including a new water service, fire sprinklers system and fire alarm control panel (“fire sprinklers”). • The property owner submitted a petition requesting special assessment financing for the fire sprinklers and the City Council approved the petition on September 5, 2023. • The actual eligible cost of the fire sprinklers was $59,471. This is the same amount as previously estimated. • The property is eligible for special assessment financing for the actual eligible cost or $92,000 (25% of the property’s Estimated Market Value), whichever is less. • In order to make the $59,471 payment to the property owner, the City Council must first adopt the attached resolution levying the $59,471 special assessment. • Repayment will occur in ten semiannual installments of $5,947.10 with the first payment due on May 15, 2025 and the final payment due on October 15, 2029. AERIAL PHOTO, SITE PLAN, BUILDING PLAN AND EXTERIOR PHOTOS 4.5 4.5 REQUESTED COUNCIL ACTION Adopt the attached resolution levying a special assessment of $59,471 on the property at 3600 Douglas Drive North. 4.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION LEVYING A SPECIAL ASSESSMENT OF FIRE PROTECTION SYSTEM COSTS AT 3600 DOUGLAS DRIVE NORTH PURSUANT TO A PETITION AND WAIVER AGREEMENT WITH MEJRON PROPERTIES, LLC WHEREAS, the City Council of the City of Crystal (“City”) adopted Resolution No. 2023-88 approving a petition and waiver agreement (“Agreement”) with Mejron Properties, LLC (“Owner”) to finance up to $92,000 of the costs to install a fire protection system at the Owner’s property located at 3600 Douglas Drive North, and which is legally described at Lot 7, Block 1, Schwartz Addition, Hennepin County, Minnesota (“Subject Property”); and WHEREAS, the Agreement is dated September 19, 2023 and was recorded in the office of the County Recorder on September 21, 2023 as Document No. A11233143, said Agreement being incorporated in and made part of this Resolution by reference; and WHEREAS, the total eligible cost of the fire protection system was $59,471, meaning Owner is eligible to finance $59,471 with the City in accordance with the Agreement; and WHEREAS, the City has issued the $59,471 payment for the work and now needs to act to specially assess that amount against the Subject Property as provided in the Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, Minnesota as follows: 1. A special assessment in the amount of $59,471 is hereby imposed on the Subject Property in accordance with the Agreement. 2. The special assessment shall be payable over a period of five years with the first installment being due and payable in 2025. No interest shall be charged on the amount of the assessment. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Crystal City Council this ___ day of ___________, 20___. ____________________________________ Jim Adams, Mayor ATTEST: ____________________________________ Chrissy Serres, City Clerk 4.5 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • www.crystalmn.gov February 6, 2024 Nancy Daubenberger Commissioner Minnesota Department of Transportation Dear Commissioner Daubenberger: The City of Crystal will soon begin implementing the new Airport Zoning Ordinance (AZO) recently approved by the Joint Airport Zoning Board (JAZB) for the Crystal Airport which is operated by the Metropolitan Airports Commission (MAC). The city recognizes the importance of aviation safety, has adopted the AZO as an appendix to its Unified Development Code, and integrated administration of the AZO into its zoning and building permit review procedures. The purpose of this letter is to express the city’s concerns about the JAZB process under M.S. Chapter 360, specifically the public hearing process described in Section 360.065. With the letter the city is requesting a change to the statute that we believe would improve the process based on the experience of the city and its residents during the process of developing the AZO. Compared with more typical and modern public engagement processes for ordinances regulating the use of property, these statutory requirements are somewhat burdensome on public agencies while simultaneously discouraging effective or impactful public engagement. A review of the public hearing record shows a pattern of the lead agency, in this case, the MAC, responding to public comments, questions, and other input in a jargon-laden and frankly dismissive-sounding manner, with little direct and meaningful engagement with the commenters about their concerns. The city does not fault MAC for this approach because they may have deemed it necessary to avoid restarting the public hearing process as required by the statute, but the practical effect is that the ordinance is in its final form before the public hearing which is contrary to best practices for public engagement in the governing process. The city appreciates that it was literally at the table as the draft AZO was prepared, so we were in a position to seek necessary changes prior to the public hearing. The prime example was the initial proposal by MAC to include city parks in Zone 1 even if the surrounding neighborhoods were in Zone 2.Had the city parks been placed in Zone 1, the AZO would have prevented the community from continuing to use these parks in the same way they had been used for decades. Through their membership on the JAZB, the cities of Crystal and Brooklyn Center were successful at getting the parks designated as Zone 2 instead of Zone 1 before the draft ordinance was presented at the public hearing. But what if this issue - or any other significant issue - had only been noticed by a resident and first brought up at the public hearing? The only way for the issue or any other concerns or objections raised by the public to be addressed with changes to the draft ordinance would have been to re-start the entire public hearing process including the very extensive and expensive mailed notice. In short, 4.6 while the intent of the statute may be to ensure that the public has the opportunity to provide input regarding the AZO, in reality, it has the opposite effect: It discourages effective or impactful public engagement. Instead, the city believes that the Commissioner of Transportation should have the discretion to order a new public hearing depending on the characteristics and impact of the proposed changes. For this reason, the city requests consideration of the following change to the statute, specifically 360.065 Subd. 1(b): (b) A public hearing must be held on the airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted to the commissioner for approval. If any changes that alter the regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation. The commissioner may require a second hearing as determined necessary based on the commissioner’s review of the hearing record and the proposed changes. The city believes that this relatively simple statutory change would allow for a more effective public engagement process for future airport zoning ordinances and asks for your support of this change. Sincerely yours, The Members of the Crystal City Council ____________________________ Jim Adams Mayor ____________________________ ____________________________ Taji Onesirosan Forest Edibo Council Member, Section 1 Council Member, Section 2 ____________________________ ____________________________ Therese Kiser John Budziszewski Council Member, Ward 1 Council Member, Ward 3 ____________________________ ____________________________ Traci Kamish David Cummings Council Member, Ward 2 Council Member, Ward 4 cc: Rick King, Chair, Metropolitan Airports Commission Senator Ann Rest Representative Cedrick Frazier Representative Mike Freiberg 4.6 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: TO: FROM: SUBJECT: January 31, 2024 Mayor and City Council Adam R. Bell, City Manager John Elholm, Recreation Director Scott Berggren, Guest Services Manager Agreement with the Hennepin Farm to Community Local Food Purchase Assistance Project (LFPA Project) The Hennepin Farm to Community Local Food Purchase Assistance (LFPA) Project provides funds to assist local government units of Hennepin County procure and distribute fruits and vegetables that will improve food access and encourage healthy living. The City of Crystal also works to improve food access through the edible courtyard at the community center, fruit trees planted in two parks, and the farmer’s market at Becker Park. With funding from Hennepin County, this program will support access to fresh local food for residents experiencing food insecurity; by purchasing produce from emerging farmers at the Crystal Farmer’s Market and distributing the produce free of charge to underserved communities in the city. The estimated cost of the program is up to $25,434, with the LFPA Project reimbursing all costs incurred by the city, up to $25,434. Staff recommends approval of the attached resolution, entering into an agreement with the Hennepin County Farm to Community Local Food Purchase Assistance Project, to improve food access and support healthy living in Crystal. 4.7 CITY OF CRYSTAL RESOLUTION NO. 2024 - ______ RESOLUTION AUTHORIZING A PROVIDER AGREEMENT WITH HENNEPIN COUNTY TO HELP FUND FOOD ACCESS IN CRYSTAL WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Farm to Community Local Food Purchase Assistance project (“LFPA Project”), provides funds to assist local government units within Hennepin County for procurement and distribution of fruits and vegetables to eligible persons; and WHEREAS, Hennepin County (“County”) received funds from the federal government to help fund local LFPA Projects and the County requires local governments to enter into a “Human Services and Public Health Department Provider Agreement” (“Provider Agreement”) to receive the grant funds; and WHEREAS, the total estimated cost for the City of Crystal (“City”) to participate in and provide services as part of the LFPA Project is $25,434; and WHEREAS, the LFPA Project grant will reimburse all costs incurred by the program, up to $25,434. WHEREAS, the City desires to support access to fresh local food for residents experiencing food insecurity by participating in the LFPA Project and enter into the Provider Agreement with the County to receive the available funds to support the LFPA Project in the City. NOW, THEREFORE, BE IT RESOLVED, b y City Council of the City of Crystal as follows: 1.The City agrees to enter into the Provider Agreement with the County to obtain funds for the City to participate in the LFPA Project. 2.The Mayor and the City Manager are authorized and directed to execute the Provider Agreement on behalf of the City. Adopted this 6th day of February 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 4.7 Contract No: HS00001602 Form HYB_CR_INVOICE (Revised 8/2023) Page 20 of 30 EXHIBIT A: CONTRACTED SERVICES SECTION 1, SERVICE NARRATIVE PROVIDER will implement the Farm to Community Local Food Purchase Assistance (LPFA) project activities to the citizens of the City of Crystal. • Enlist identified emerging farmers and secure distribution sites for program implementation. • Conduct listening sessions/focus groups or surveys with: o Potential participants to determined participant project preferences (produce likes/dislikes, delivery method and frequency) and project evaluation (project perception and intentions to include additional produce in their dietary pattern). o Participating farmers to explain project specifics, review good farming practices (GFA), food safety measures as well as methods to reduce food waste. • Procure produce from identified priority farmers and distribute to low income residents June 2024 through September 2024 (16 weekly distributions). • Participate in all evaluation activities including data collection and submission for emerging farmers, distribution sites, number of participants, as well as one on-site visit from Minnesota Department of Agriculture (MDA). • Submit at least quarterly invoices to the COUNTY on provided invoice template. • Complete any other Local Food Purchase Assistance (LFPA) grant activities necessary for grant fulfillment as identified by Hennepin County Public Health. 4.7 Contract No: HS00001602 Form HYB_CR_INVOICE (Revised 8/2023) Page 21 of 30 EXHIBIT B: FINANCIAL INFORMATION SECTION 1, CONTRACT BUDGET DELIVERABLE COST QUANTITY TOTAL Procurement – Farms $16,600.00 4-5 $16,600.00 Food Storage Items – * Wax Produce Boxes * Insulated totes * Compostable Produce Bags * Tiered Wooden Display $3,455.00 - $3,455.00 Administration – Staff person to collect, transport & distribute $19.00 125 hours $2,375.00 Engagement and Outreach – Crystal City Partner – Bi-monthly event @ distribution location Crystal City Partner – Staff person: prepare materials & engage farmers $19.00 $19.00 26 hours 115 hours $494.00 $2,185.00 Food Transportation- Mileage for food distribution – 20 dates, 25 miles per date $0.65 500 miles $325.00 Total Not-To-Exceed Amount $25,434.00 4.7 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: TO: FROM: SUBJECT: January 31, 2024 Mayor and City Council Adam R. Bell, City Manager John Elholm, Recreation Director Scott Berggren, Guest Services Manager Agreement with the Hennepin County Youth Activities Grant Program Hennepin County has funds available through their Hennepin County Youth Activities Grant Program to reduce the costs of youth program fees in 2024. The Cities of Crystal, Robbinsdale and New Hope often work together to provide joint programming, and these cities are also working together on this grant. Each city will receive the full cost of the budgeted program fee, however, 80% of the fee will come from the grant and 20% of the fee will come from class participants. This program aims to increase youth sports participation by reducing the financial barrier through reduced fees. This is a one-time grant for 2024. The total authorized funding of $35,814 for the three cities combined will be used to reduce the registration fee associated with youth sports programs; including basketball, dance, flag football, and soccer. The City of Crystal will administer the grant, with the other cities submitting their reimbursement requests through us. Each identified program has a class size limit to assure the grant funds will fully cover the cost of the fee reductions. Staff recommends approval of the attached resolution, entering into an agreement with the Hennepin County Youth Activities Program, to reduce youth program fees in 2024. 4.8 CITY OF CRYSTAL RESOLUTION NO. 2024 - ______ RESOLUTION AUTHORIZING A PROVIDER AGREEMENT WITH HENNEPIN COUNTY TO HELP FUND ACCESS TO YOUTH SPORTS IN CRYSTAL WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin County Youth Activities Grants program, provides funds to assist local government units within Hennepin County to reduce youth sports fees; and WHEREAS, Hennepin County (“County”) received funds from the Minnesota Twins ballpark sales tax to support this program and the County requires local governments to enter into a “Youth Activities Grant Agreement” (“Provider Agreement”) to receive the grant funds; and WHEREAS, the estimated costs for the cities of Crystal, New Hope and Robbinsdale to jointly provide services as part of this program is $35,814. WHEREAS, the Hennepin County Youth Activities grant program will reimburse all costs incurred by the program in Crystal, New Hope and Robbinsdale, up to $35,814. WHEREAS, the City desires to support access to youth sports in Cryst al; by participating in the HCYAG program with New Hope and Robbinsdale and enter into the Provider Agreement with the County to receive the available funds to support the HCYGA program in the Crystal. NOW, THEREFORE, BE IT RESOLVED, by City Council of the City of Crystal as follows: 1. The City agrees to enter into the Provider Agreement with the County to obtain funds for the City to participate in the HCYAG program to reduce youth sports fees. 2. The Mayor and City Manager are authorized and directed to execute the Provider Agreement on behalf of the City. Adopted this 6th day of February 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 4.8 DATE: January 30, 2024 TO: Adam R. Bell, City Manager City of Crystal City Council FROM: Jean McGann, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount Bolton & Menk, Inc.JWC pumphouse project (billable to JWC)$29,868.00 Flagship Recreation LLC Broadway Park play area installation $50,960.98 GMH Asphalt Corporation Community Center parking lot AFP #7 $53,752.62 HCM Architects Pool building design project AFP #4 $31,811.20 LMCIT Workers Compensation insurance Q1 2024 $109,651.00 IRS - EFTPS Federal & FICA withholding taxes for 1/5/24 pay date $64,250.97 LOGIS Annual system development, network wellness, fiber $41,039.81 Metropolitan Council Environ Svs Wastewater services for February $143,220.09 Nick's Tree Service Tree removals $69,200.00 Short Elliot Hendrickson, Inc. 2023 & 2024 Utility Reconstruction project $39,567.19 Thompson Pipe Group Pressure Adapters for PCCP $90,952.23 West Metro Fire Rescue District January contribution to West Metro Fire $136,218.05 Xcel Energy Electricity for street lights, traffic signals, city buildings $27,776.52 LOGIS 3 months of application support, server hosting, GIS, tokens $188,858.35 Shingle Creek WMO Shingle Creek WMO dues for 2024 $29,819.00 IRS - EFTPS Federal & FICA withholding taxes for 1/19/24 pay date $71,219.62 MN PERA Employee & city required contributions for 1/19/24 pay date $71,905.59 $1,250,071.22 Description 6.1 CRYSTAL AIRPORT ZONING ORDINANCE PAGE 1 OF 4 __________________________________________________________________________ FROM: Dan Olson, City Planner TO: Adam R. Bell, City Manager (for February 6 meeting) DATE: January 31, 2024 RE: Consider adoption of a resolution attaching the Crystal Airport Zoning Ordinance as an appendix to City Code __________________________________________________________________________ A.BACKGROUND The Crystal Airport Zoning Ordinance was recently adopted by the Joint Airport Zoning Board (JAZB). The JAZB was formed in 2021 by the Metropolitan Airports Commission (MAC) to update the Crystal airport ordinance adopted in 1983. The JAZB consisted of MAC staff and representatives from the cities of Crystal, Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale and Minneapolis. A public hearing was held by MAC on the proposed ordinance on April 19, 2023. After approval by the Minnesota Department of Transportation (MnDOT), the ordinance was adopted by the JAZB in November and went into effect on January 1, 2 024. Staff is requesting that the City Council adopt a resolution to attach the Crystal Airport Zoning Ordinance as an appendix to city code. At the January 1 1, 2024 City Council work session, Council discussion indicated support for this approach. Attachments: A.Airport zoning requirements in state statutes B.Excerpt from FAA rules C.Crystal Airport Zoning Ordinance D.Grid map E.Response from MAC on ordinance administration F.Resolution COUNCIL STAFF REPORT Crystal Airport Zoning Ordinance 6.2 CRYSTAL AIRPORT ZONING ORDINANCE PAGE 2 OF 4 B. ADMINISTRATION OF ORDINANCE The six cities that comprised the JAZB are tasked with administering the new airport ordinance. Two issues that received the most discussion during the JAZB approval process related to removal of trees and requirements for new structures. These two issues are discussed below. ➢ Tree removal. The ordinance requires those trees that project into airspace to be trimmed or removed, and allows the city to order the removal. Since the ordinance language is permissive and doesn’t require the city to order removal of trees on private property, the city would not enforce the tree provisions. MAC may do so as it has in the past without city involvement. ➢ New structure requirements. There was concern during the ordinance adoption process that new structures would have to undergo a burdensome review process. The city has two tools for determining the impact of new structures: ▪ Grid maps. The ordinance provides grid maps (attachment D) that list the maximum height of a structure for each property within zone 2 (within approximately 1 mile of the airport) that in most cases can be constructed without additional review by MAC or the FAA as long as they do not exceed the height for that specific property. ▪ FAA online tool. For a small number of projects, an online tool is available that will clarify if FAA review is needed. This tool reviews a larger area around the airport for conflicts with reflectivity and signal interference for an area up to 4 miles and at a greater slope than those used to calculate the maximum height in the grid maps. Staff has determined that in nearly all cases involving properties in the R-1 zoning district and in zone 2, no additional review by MAC or the FAA would be required. The following flowcharts are provided to clarify the review process. 1. Rooftop solar panels. Rooftop solar panels No additional review by MAC or FAA is required 6.2 CRYSTAL AIRPORT ZONING ORDINANCE PAGE 3 OF 4 Or 2. Structures not needing additional review. Or And 3. Structures that may need further review. And Structure does not exceed height of other structures on the property Structure is shielded from the airport by a natural or manmade object Structure does not exceed the maximum structure height on the grid maps No additional review by MAC or FAA is required Structure exceeds height of other structures on the property Structure is not shielded from the property by a natural or manmade object FAA’s online tool determines if further FAA review is needed FAA tool determines form 7460 must be submitted for FAA review FAA tool determines that structure does not impact airport 6.2 CRYSTAL AIRPORT ZONING ORDINANCE PAGE 4 OF 4 C. ORDINANCE INCORPORATION INTO CITY CODE Although state law does not mandate that the city incorp orate the airport ordinance into the city code, on January 11 the City Council discussion was supportive of adopting a resolution as official action to affirm the city’s role in administering the airport ordinance . City code section 110.09 allows the City Council to adopt a resolution to attach the ordinance as an appendix to the city code. As required by state statute, the zoning map will need to be updated to reflect the two airport zones through a public hearing process , including a Planning Commission public hearing. D. REQUESTED ACTION Adoption of the resolution in attachment F is requested. 6.2 360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE. Subdivision 1.Enforcement under police power.(a) In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. (b)In order to promote health, safety, order, convenience, prosperity, and general welfare and to conserve property values and encourage the most appropriate use of land, the municipality may regulate in airport hazard areas: (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population. (c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created. (d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein. Subd. 2.[Repealed, 1976 c 255 s 6] Subd. 3.Joint airport zoning board.(a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located: (1) to adopt and enforce airport zoning regulations for the area in question under sections 360.0655 and 360.0656; or (2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located. (b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located. A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed. All members shall serve at the pleasure of their respective appointing authority. Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board. (c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations Official Publication of the State of Minnesota Revisor of Statutes 360.063MINNESOTA STATUTES 20221 Attachment A 6.2 or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies. (d) "Owning or controlling municipality," as used in this subdivision, includes: (1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board; (2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and (3) the Metropolitan Airports Commission established and operated pursuant to chapter 473. (e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority. Subd. 4.MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140] Subd. 5.[Repealed, 1976 c 255 s 6] Subd. 6.Procedure when zoning board fails to act.If a municipality, county, or joint airport zoning board fails to adopt within a reasonable time airport zoning regulations in accordance with the provisions of sections 360.011 to 360.076, or adopts regulations or amendments which do not conform to the standard prescribed by the commissioner, the commissioner may, for the protection of the public safety, adopt or supplement and from time to time as may be necessary amend, supplement, or repeal the regulations for the municipality or county until airport zoning rules provided for in sections 360.011 to 360.076, are adopted by the municipality, county, or joint airport zoning board. The commissioner shall have the same powers with reference to the airport zoning regulations as are granted in sections 360.011 to 360.076, to municipalities, administrative boards, and boards of adjustment. An action of the commissioner taken under this subdivision is subject to review by the courts as provided in section 360.072. Subd. 6a.Review of variance when board of adjustment fails to act.On receiving notice that an airport zoning variance has been granted by reason of the failure of a board of adjustment to act on the variance as provided in section 360.067, subdivision 2, the commissioner shall review the application and may amend or rescind the variance on finding that this action is required to protect the public safety. No action of the commissioner pursuant to this subdivision shall be effective unless the commissioner notifies the applicant of that action within 60 days after receiving notice that the variance was granted. Any action taken by the commissioner pursuant to this subdivision shall be subject to review by the courts as provided in section 360.072. Subd. 7.Airport zoning board for each airport.(a) Where an airport is owned or operated by the state of Minnesota, a state airport zoning board shall be created for each airport, which board shall have the same power to adopt, administer, and enforce airport zoning rules applicable to the airport hazard area of such airport as that vested by subdivision 1 in the municipality. Each board shall consist of the commissioner of transportation, or a member of staff appointed by the commissioner, who shall be chair; one member appointed by the county board who may be a member of the county board, of each county in which an airport hazard area is located; and one member appointed by the governing body of each municipality located within the Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2022360.063 6.2 area to be zoned. If the area to be zoned is located entirely within one county and no municipality is located within the area to be zoned, then the duly designated members shall select a third member who shall be a resident of the county. The members of such board shall serve for a period of three years beginning January 1 following their appointment and until their successors are appointed and qualified. (b) The zoning rules shall be adopted by an order of the board signed by a majority of its members. Such order shall be published once in a legal newspaper in the county in which the airport is located and shall become effective ten days following the date of its publication. A copy of such order shall be filed in the office of the commissioner of transportation and with the county recorder in each county in which a zoned area is located. (c) Any person appointed to serve on a state airport zoning board shall be entitled to reimbursement for travel and other necessary expenses incurred in performance of duties on such board which shall be paid from the appropriations made to the Department of Transportation. Subd. 8.Airport zoning board authority after failure to appoint member.If any county board or municipality fails to appoint the member to be appointed by it in the creation of a state airport zoning board within 30 days after requested to do so by the commissioner of transportation, the state airport zoning board, consisting of the remaining members in case more than one county is involved, or the commissioner of transportation in case no board is created, shall have the same power to adopt, administer, and enforce airport zoning rules applicable to an airport hazard area in such county as that conferred upon the commissioner in subdivision 6. History: 1945 c 303 s 26; 1951 c 116 s 2-4; 1957 c 610 s 1; 1976 c 166 s 7; 1976 c 181 s 2; 1976 c 255 s 1,2; 1977 c 236 s 1; 1978 c 674 s 58; 1979 c 302 s 2; 1983 c 326 s 4-6; 1985 c 248 s 70; 1986 c 444; 1Sp2019 c 3 art 3 s 94,95 Official Publication of the State of Minnesota Revisor of Statutes 360.063MINNESOTA STATUTES 20223 6.2 360.064 AIRPORT ZONING; COMPREHENSIVE ORDINANCE, CONFLICT. Subdivision 1.Comprehensive regulations.In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith. Subd. 2.Effect when regulations conflict.In the event of conflict between any airport zoning regulations adopted under sections 360.011 to 360.076, and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the municipality which adopted the airport zoning regulations or by some other municipality, the more stringent limitation or requirement shall govern and prevail. History: 1945 c 303 s 27; 1978 c 674 s 58; 1Sp2019 c 3 art 3 s 96 Official Publication of the State of Minnesota Revisor of Statutes 360.064MINNESOTA STATUTES 20231 6.2 360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS. Subdivision 1.Notice of proposed zoning regulations, hearing.(a) No airport zoning regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by action of the governing body of the municipality, county, or joint airport zoning board under section 360.0655 or 360.0656, or the boards provided for in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in section 360.063, subdivisions 6 and 8. (b) A public hearing must be held on the airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted to the commissioner for approval. If any changes that alter the regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation. The commissioner may require a second hearing as determined necessary. (c) Notice of a hearing must be published by the municipality, county, or joint airport zoning board at least three times during the period between 15 days and five days before the hearing in an official newspaper and in a second newspaper designated by that authority which has a wide general circulation in the area affected by the proposed regulations and posted on the municipality's, county's, or joint airport zoning board's website. If there is not a second newspaper of wide general circulation in the area that the municipality, county, or joint airport zoning board can designate for the notice, the municipality, county, or joint airport zoning board is only required to publish the notice once in the official newspaper of the jurisdiction. The notice shall not be published in the legal notice section of a newspaper. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be available for public inspection. A copy of the published notice must be added to the record of the proceedings. (d) Notice of a hearing must be given by mail at least ten days before each hearing to persons and landowners where the location or size of a building, or the density of population, will be regulated. Mailed notice must also be provided at least ten days before each hearing to persons or municipalities that have previously requested such notice from the municipality, county, or joint airport zoning board. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be made available for public inspection. Mailed notice must also identify the property affected by the regulations. For the purpose of providing mailed notice, the municipality, county, or joint airport zoning board may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be added to the records of the proceedings. Failure to provide mailed notice to individual property owners or a defect in the notice does not invalidate the proceedings if a bona fide attempt to comply with this subdivision was made. Subd. 2.MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140] Subd. 3.[Repealed, 2007 c 64 s 3] History: 1945 c 303 s 28; 1951 c 116 s 5; 1957 c 272 s 1,2; 1976 c 181 s 2; 1978 c 674 s 58; 1979 c 302 s 3; 1983 c 326 s 7; 1986 c 444; 2006 c 261 s 3; 1Sp2019 c 3 art 3 s 97; 2022 c 55 art 1 s 157 Official Publication of the State of Minnesota Revisor of Statutes 360.065MINNESOTA STATUTES 20221 6.2 Attachment B 6.2 Crystal irport Zoning Ordinance Adopted November 8, 2023 Adopted by the Crystal Airport Joint Airport Zoning Board Contact Person: Crystal Joint Airport Zoning Board c/o Rebecca Townsend, JAZB Secretary Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 Attachment C 6.2 1 Table of Contents 2 SECTION I. PURPOSE AND AUTHORHY........................................................................... 1 3 SECTION II. TTTLE AND SHORTTTTLE..............................................................................2 4 SECTION III. DEFINmONS AND RULES OF CONSTRUCTION ............................................... 2 5 SECTION IV. AIRSPACE OBSTRUCHON ZONING.................................................................6 6 SECTION V. LAND USE ZONING .......................................................................................9 7 SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP.................... 10 8 SECTION VII. NONCONFORMING USES............................................................................. 10 9 SECTION VIII. AIRPORT ZONING PERMITS......................................................................... 11 10 SECTION IX. VARIANCES................................................................................................ 13 11 SECTION X. HAZARD MARKING AND LIGHTING .............................................................. 14 12 SECTION XI. ZONING ADMINISTRATOR........................................................................... 14 13 SECTION XII. BOARD OF ADJUSTMENT............................................................................ 15 14 SECTION XIII. APPEALS.................................................................................................... 16 15 SECTION XIV. JUDICIAL REVIEW ...................................................................................... 17 16 SECTION XV, PENALTIES AND OTHER REMEDIES.............................................................. 18 17 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES............................... 18 18 SECnON XVII. SEVERABILnY............................................................................................ 19 19 SECTION XVIII. EFFECHVE DATE........................................................................................ 19 20 EXHIBFT A - AIRPORT BOUNDARY...................................................................................... 21 21 EXHIBFT B -JAZB LAND USE ZONE I...................................................................................... 22 22 EXHIBFTC-JAZB LAND USE ZONE 2...................................................................................... 23 23 EXHIBFT D - AIRPORT BOUNDARY AND AIRSPACE ZONING LIMITS .......................................... 24 24 EXHIBFT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS ................................................. 25 25 EXHIBFT F - AIRPORT BOUNDARY AND LAND USE ZONING LIMFTS........................................... 26 26 27 AIRSPACE ZONES, INDD< SHEET AND PLATES A- A2TOA - F6................................................ 27 28 MAXIMUM CONSTRUCTION HEIGHTS WFTHOUT PERMFT, INDEX SHEET AND PLATES MCH - A2 29 TO MCH - F6 ................................................................................................................. 62 30 SAFETY ZONES, INDEX SHEET AND PLATES SZ - A2 TO SZ - F6 ................................................ 97 Crystal Airport Zoning Ordinance Page i 6.2 CRYSTAL AIRPORT ZONING ORDINANCE ADOPTED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINHY OF THE CRYSTAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICHONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE CRYSTAL AIRPORT ZONING MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; IMPOSING PENALTIES; AND SUPERSEDING ALL PRIOR CRYSTAL AIRPORT ZONING ORDINANCES. I THEREFORE, TT IS HEREBY ORDAINED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORHY CONFERRED BY MINNESOTA STATUTES §§ 360.061 - 360.074, THAT THE CRYSTAL AIRPORT ZONING ORDINANCE BE EFFECHVE AS FOLLOWS: SECTION I. PURPOSE AND AUTHORITY The CRYSTAL Airport Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission and the Cities of Crystal, Brooklyn Park, Brooklyn Center, Minneapolis, New Hope, and Robbinsdale, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby finds and declares that: A. An Airport Hazard endangers the lives and property of users of the Airport and property or occupants of land in its vicinity, and also may reduce the size of the area available for the landing, takeofF, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein. B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the Airport. C. Rir the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of Airport Hazards. Crystal Airport Zoning Ordinance Page 1 6.2 D. The prevention of these Airport Hazards should be accomplished, to the extent legally possible, by the exercise of police power without compensation. E. The elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible, consistent with reasonable standards of safety. F. In addition, the social and economic costs of disrupting land uses around the Airport often outweigh the benefits of a reduction in Airport Hazards, requiring a balance between the social and economic costs to surrounding communities and the benefits of regulation. G. Preventing the creation or establishment of Airport Hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein. SECTION II. TITLE AND SHORT TTTLE This ordinance shall be known as the "Crystal Airport Zoning Ordinance." SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION A. Definitions. As used in this Crystal Airport Zoning Ordinance, unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall have the meanings indicated. All words and phrases not defined shall have their common meaning. 1. Airport. "Airport" means Crystal Airport located in Hennepin County, Minnesota. 2. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A - Air ort Bounda , attached hereto and made a part hereof. 3. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and, any use of land that is hazardous to Persons or property because of its proximity to the Airport. 4. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required under Section VIII. Crystal Airport: Zoning Ordinance Page 2 6.2 5. Airspacx Surfaces. "Airspace Surfaces" means the surfaces established in Section IV.A. 6. Airspace Zones. "Airspace Zones" means the land use zones established in Section IV.A. 7. Board of Adjustment. "Board of Adjustment" means the body established in Section XII, 8. Commissioner. "Commissioner" means the Commissioner of the Minnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions. 9. Crystal Airport Zoning Map. "Crystal Airport Zoning Map" means the Cr/stal Airport Zoning Map as defined in Section VI.C. 10. Effective Date. "Effective Date" means the effective date set forth in Section XVIII. 11. Existing. "Existing" means the current layout of the airport environment, including alignment, location, and length of each runway at Crystal Airport at the time this Crystal Airport Zoning Ordinance on the Effective Date. 12. FAA. "FAA" means the Federal Aviation Administration or, if the Federal Aviation Administration shall no longer exist or serve its present functions, such successor federal entity or entities as shall either singularly or collectively perform or serve such functions. 13. FAA 7460 Obstruction Evaluation. Established FAA process for conducting aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for proposed construction or alteration) or Federal Aviation Act of 1958 (for existing structures), or any successor to this process. 14. Lot. "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law. 15. Noncon forming Structure. "Nonconforming Structure" means any Structure in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. Crystal Airport Zoning Ordinance Page 3 6.2 16. Nonconforming Use. "Nonconforming Use" means any use of land in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. 17. Person. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 18. Runway. "Runway" means any existing surface of the Airport which is specifically designated and used to be used for the landing and/or taking off of aircraft. The individual Runways at the Airport are defined in this Crystal Airport Zoning Ordinance based on the compass heading of landing and departing aircraft. 19. Runway 14-32. "Runway 14-32" means the existing 3,750-foot non- precision primary runway. The Runway 14 end is within the City of Brooklyn Park, and the Runway 32 end is within the City of Crystal. 20. Runway 6L-24R. "Runway 6L-24L" means the existing 2,500-foot visual crosswind runway. Both the Runway 6L and 24R ends are within the City of Crystal, 21. Runway 6R-24L "Runway 6R-24L" means the existing 1,669-foot visual crosswind runway. Both the Runway 6R and 24L ends are within the City of Crystal. 22. Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R and 6R-24L, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surfaces for Runway 14-32 (500 feet), Runway 6L-24R (250 feet), and Runway 6R-24L (250 feet). The Runway 14-32 protection zone extends outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 700 feet. Runways 6L-24R and 6R-24L have protection zones extending outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 450 feet. 23. Land Use Zones. "Land Use Zones" means the land use zones established in Section V.A. Crystal Airport: Zoning Ordinance Page 4 6.2 24. School. "School" means any private or public educational institution for people in kindergarten through grade 12 and any private or public day care or pre-school facility that enrolls more than 50 children. 25. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. lope = 3:1 = 3ft. horizontal to 1 ft. vertical 26. Structure. "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently. 27. Tree. "Tree" means any object of natural growth. 28. Zoning Administrator. "Zoning Administrator" means the public oflFicial in each affected municipality as set forth in Section XI.B. B. Rules Of Construction. In the construction of this Crystal Airport Zoning Ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise. 1. Computing Time. In computing the period of time within which an act may or must be done, the first calendar day from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. 2. Conflicts Between Ordinance Provisions. If a provision of this Crystal Airport Zoning Ordinance conflicts with any other provision of this Crystal Airport Zoning Ordinance, the more restrictive provision shall prevail. 3. Height. "Height" shall be expressed as elevation in feet above Mean Sea Level, North American Vertical Datum, 1988 Adjustment, except in reference Crystal Airport Zoning Ordinance Page 5 6.2 in10 is« coenI^ ^^ ^< <isy^inIi fro r^§fi ^ ^0 OJ s..g ^B ^n^(Uaj.yusII<u15IX.11.^ It ^ §ti^g§E2 §> *2iiiIDINM^ «-en THiI< .11 ^s^ ^ 3 a:> t£ (Z £§.^(au">CMiEc3(UIs§§.11§ s(Uv^<u^j<u(^^£<u^43's§1v^}<u£U)(0(U^aj£ £."8^ Is&(D £inI£vIsts.rsl mI^ID!§II.i*II.sI6.2 5. Conical Surface. An imaginary surface extending upward and outward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the Horizontal Surface. 6. Conical Zone. All that land which lies directly under the Conical Surface. 7. Approach Surface. An imaginary surface longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R, and 6R-24L. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. For Runways 14-32, 6L-24R, and 6R- 24L, this surface inclines upward and outward at a Slope of 20 to 1 for a horizontal distance of 5,000. For Runway 14-32, the outer width of this surface is 2,000 feet. For both Runways 6L-24R and 6R-24L, the outer width of this surface is 1,250 feet. 8. Approach Zone. All that land which lies directly under an Approach Surface. 9. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways 14-32. 6L-24R, and 6R-24L at a Slope of 7 to 1 from both sides of each Primary Surface and from both sides of each Approach Surface of Runway 14-32, 6L-24R, and 6R-24L until it intersects the Horizontal Surface or the Conical Surface. 10. Transitional Zone. All that land which lies directly under a Transitional Surface. B. Height Restrictions. D<cept as otherwise provided in this Crystal Airport Zoning Ordinance, and except as necessary and incidental to Airport operations, the following height restrictions shall apply. Where a Lot is beneath more than one Airspace Surface, the height of the more restrictive (lower) Airspace Surface shall control. 1. Structures. No new Structure shall be constructed or established; and no existing Structure shall be altered, changed, rebuilt, repaired, or replaced in any Airspace Zone so as to project above any Airspace Surface. Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. 2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or replanted in any Airspace Zone so as to project above any Airspace Surface. Crystal Airport Zoning Ordinance Page? 6.2 Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. a. Public Nuisance; Order. If the whole or any part of any Tree shall be determined to be an Airport Hazard by the FAA, or any successor entity, after proper investigation, the Zoning Administrator may issue an order in writing for the owner or owners, agent or occupant of the property upon which such hazardous tree is located, to forthwith cause such hazardous tree, or portion thereof if the removal of a portion will remove the hazard, to be taken down and removed. b. Notice. Said order is to be mailed to the last known address of the owner, agent or occupant and shall be accompanied by a notice setting forth the authority to remove such hazardous Tree at such owner's, agent's or occupant's expense in the event such owner, agent or occupant fails to comply with or file a notice of appeal from said order within 10 days of mailing. The notice shall include instructions for filing a notice of appeal from said order. c. Removal. If within 10 days after said order has been mailed, as above provided for, the owner or owners, agent or occupant of the property upon which such hazardous Tree is located neglects or refuses to comply with said order, or has failed to file a notice of appeal from said order with the Zoning Administrator, then the Administrator or its designee(s) may enter upon said premises and take down or remove said tree or portion thereof declared to be hazardous, and to do any and all things which in his opinion may be necessary for the protection of life, limb or property. d. Assessment of Expense. If, after the notice hereinbefore provided for has been given, the owner, agent or occupant has failed to remove such hazardous tree or portion thereof, and it becomes necessary for the Zoning Administrator to remove same, the Zoning Administrator or its designee shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within 30 days therefrom the owner, agent or occupant has not remitted to the Zoning Crystal Airport Zoning Ordinance Page8 6.2 Administrator for the expense incurred by the Zoning Administrator in said removal, the Zoning Administrator or its designee may forthwith recover the amount of such expense from the owner or owners of said property in any civil court of competent jurisdiction, in the manner provided by law. C. FAA 7460 Obstruction Evaluation. All construction of new Structures or alteration of existing Structures in an Airspace Zone shall comply with the requirements for filing notice to the FAA under the FAA 7460 Obstruction Evaluation process. SECTION V. LAND USE ZONING A. Land Use Zones. In order to carry out the purpose of this Crystal Airport Zoning Ordinance, as set forth in Section I., the following Land Use Zones are hereby established, subject to the land use zoning limits in Section VI. B. 1. Land Use Zone 1. Designated land, the extents of which are shown in Exhibit B. Land Use Zone 1 overlies the Runway Protection Zones. 2. Land Use Zone 2. All land enclosed within the perimeter of the Horizontal Zone, as shown in Exhibit C, except that land within Land Use Zone 1. B. Land Use Restrictions. 1. General Restrictions. Subject at all times to the height restrictions set forth in Section IV.B. and the FAA 7460 Obstruction Evaluation process, no use shall be made of any land in any of the Land Use Zones that creates or causes interference with the operations of radio or electronic facilities at the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lights and other lights, results in glare in the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, is deemed a "hazard" to air navigation by FAA or MNDOT as part of an FAA 7460 Obstruction Evaluation, or otherwise endangers the landing, taking ofF, or maneuvering of aircraft. 2. Land Use Zone 1 Restrictions. Subject at all times to the height restrictions set forth in Section IV. B. and to the general restrictions contained in Section V.B.l., areas designated as Land Use Zone 1 for each end of Runways 14-32, 6L-24R, and 6R-24L shall contain no buildings, exposed high- voltage transmission lines, or other similar land use structural hazards, and Crystal Airport Zoning Ordinance Page 9 6.2 3. shall be restricted to those uses which will not create, attract, or bring together a dense, confined assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, wildlife habitat, light outdoor recreation, cemeteries, roadways and vehicle parking, railroads, and other approved aeronautical uses. Where Land Use Zone 1 overlies the Runway Protection Zone, land uses and Structures within the Runway Protection Zone will be governed by Federal laws and regulations or by FAA advisory circulars, orders, or guidance. Land Use Zone 2 Restrictions. No land use in Land Use Zone 2 shall violate the height restrictions set forth in Section IV.B. or the general restrictions contained in Section V.B.l. SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP A. Airspace Zoning Limits. Exhibit D - Air art Bounda and Airs ace Zonin Limits and Exhibit E - Air art Bounda and Airs ace Contours, attached hereto and made a part hereof, show these limits. B. Land Use Zoning Limits. Exhibit F - Air ort Bounda and Land Use Zonin Limits, attached hereto and made a part hereof, shows these limits. C. Crystal Airport Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, Land Use Zones, and the Maximum Construction Heights without an Airport Zoning Permit established by this Crystal Airport Zoning Ordinance are set forth on the Crystal Airport Zoning Map consisting of 102 plates - Airs ace Zones Plates A-A2 to A-F6; Maximum Construction Hei hts Without Permit Plates MCH-A2 to MCH-F6; and Land Use Zones Plates SZ-A2 to SZ-F6 prepared by the Metropolitan Airports Commission, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries, and other information thereon, shall be and the same are hereby adopted as part of this Crystal Airport Zoning Ordinance. SECTION VII. NONCONFORMING USES A. Crystal Airport Zoning Ordinance. The provisions of this Crystal Airport Zoning Ordinance shall not be construed to require the removal, lowering, other change, or Crystal Airport Zoning Ordinance Page 10 6.2 alteration of any Nonconforming Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use. Nonconforming Structures and Nonconforming Uses are permitted under this Crystal Airport Zoning Ordinance, subject to the provisions in Section VIII. (Airport Zoning Permits) and Section IX. (Variances). Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to the Effective Date, and was diligently prosecuted and completed within 2 years of the Effective Date. SECTION VIII. AIRPORT ZONING PERMITS A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Land Use Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located. 1. Existing Structures. Except as specifically provided in Section VIII.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced. 2. New Structures. Except as specifically provided in Section VIII.B., no Structure shall be newly constructed or otherwise established. 3. Noncon forming Structures. No Nonconforming Structure shall be replaced, substantially altered or repaired, or rebuilt. B. Exception To Permit Requirement. 1. Maximum Construction Height Without A Permit. No Airport Zoning Permit shall be required for an existing Structure to be altered, changed, rebuilt, repaired, or replaced on a Lot, or for a new Structure to be constructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher (measured in feet from curb level or from natural grade at a point 10 feet away from the front center of the Structure, whichever is lower) does not exceed the "maximum construction height above ground without an Airport Zoning Permit" shown for the Lot on the applicable Maximum Construction Hei hts Without Permit Plate in the Crystal Airport Zoning Map. 2. /Vo Violation Of Height Or Land Use Restriction Permitted. Nothing in this Section VIII.B. shall be construed as permitting or intending to permit a Crystal Airport Zoning Ordinance Page 11 6.2 violation or a greater violation of any provision of this Crystal Airport Zoning Ordinance. C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XI.B. D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure or use to violate any provision of this Crystal Airport Zoning Ordinance or (2) would permit a Nonconforming Structure or a Nonconforming Use to become a greater violation of any provision of this Crystal Airport Zoning Ordinance. Any Airport Zoning Permit may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance. In making any determination, the Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination. E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a Nonconforming Structure, Nonconforming Use, or Tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that would allow such Nonconforming Structure, Nonconforming Use, or Tree to exceed the height restrictions of Section IV.B. or otherwise violate any provision of this Crystal Airport Zoning Ordinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of the abandoned, torn down, deteriorated, or decayed Nonconforming Structure, Nonconforming Use, or Tree at the owner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Crystal Airport Zoning Ordinance. In the event the owner shall neglect or refuse to comply with such order for 10 days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the Nonconforming Structure, Nonconforming Use, or Tree lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the Nonconforming Structure, Nonconforming Use, or Tree is, or was, located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per Crystal Airport Zoning Ordinance Page 12 6.2 SECTION IX. A. B. c. annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360.067. VARIANCES Variance Application. Any Person desiring to use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, whether to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to otherwise use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address specified in Section XII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator of the jurisdiction in which the Structure or property is located, as designated in Section XI. B. The Board of Adjustment may charge a fee for processing the application. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within 4 months after the last Board member receives the variance application, the variance shall be deemed to be granted by the Board of Adjustment, but not yet effective. When the variance is granted by reason of the failure of the Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XII.C. and (2) the Commissioner. The applicant shall include a copy of the original application for the variance with the notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this Crystal Airport Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance Crystal Airport Zoning Ordinance Page 13 6.2 with the spirit of this Crystal Airport Zoning Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted subject to any reasonable conditions that the Board of Adjustment, or the Commissioner acting under Section IX.B., may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance or Minnesota Statutes Chapter 360. SECTION X. HAZARD MARKING AND LIGHTING A. Nonconforming Structure. The Metropolitan Airports Commission may require the owner of any Nonconforming Structure to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Metropolitan Airports Commission to indicate the presence of the Structure to the operators of aircraft in the vicinity of the Airport. Such markers and lights shall be installed, operated, and maintained at the expense of the Metropolitan Airports Commission. B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning Administrator or the Board of Adjustment may, if such action is deemed advisable to effectuate the purpose of this Crystal Airport Zoning Ordinance and be reasonable in the circumstances, be granted subject to a condition that the owner of the Structure in question permit the Metropolitan Airports Commission, at its expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an Airport Hazard. SECTION XI. ZONING ADMINISTRATOR A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the provisions of this Crystal Airport Zoning Ordinance. Applications for Airport Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee for processing the application. Airport Zoning Permit applications shall be considered and acted upon by the Zoning Administrator in accordance with the provisions of this Crystal Airport Zoning Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be amended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicant to record any conditions of an Airport Zoning Permit, if required by law. Crystal Airport Zoning Ordinance Page 14 6.2 B. Designated Zoning Administrators. For the purpose of this Cr/stal Airport Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the Crystal Zoning Administrator for lands located in the City of Crystal; the Brooklyn Park Zoning Administrator for lands located in the City of Brooklyn Park; the Brooklyn Center Zoning Administrator for lands located in Brooklyn Center; the Minneapolis Zoning Admrnistrator for lands located in Minneapolis; the New Hope Zoning Administrator for lands located in New Hope; and the Robbinsdale Zoning Administrator for lands located in Robbinsdale. In the event that 1 or more of the above-described Zoning Administrators fails to administer or enforce this Crystal Airport Zoning Ordinance as provided by law, the Crystal Airport Joint Airport Zoning Board hereby appoints the Metropolitan Airports Commission to administer or enforce this Crystal Airport Zoning Ordinance in the municipality or municipalities. If any ofRcial position designated above as a Zoning Administrator ceases to exist or to perform or serve its present function, the successor position as designated by the applicable entity shall become the Zoning Administrator for that entity and shall perform or serve such functions. SECTION XII. BOARD OF ADJUSTMENT A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of Adjustment that shall consist of 5 members appointed by the Metropolitan Airports Commission, and each shall sen/e for a term of 3 years and until a successor is duly appointed and qualified. Of the members first appointed, 1 shall be appointed for a term of 1) year, 2 for a term of 2 years, and 2 for a term of 3 years. Upon their appointment, the members shall select a chair to act at the pleasure of the Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission for cause, upon written charges, after a public hearing. B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by any Zoning Administrator or the Metropolitan Airports Commission in the enforcement of this Crystal Airport Zoning Ordinance and to hear and grant or deny variances. C. Board Procedures. 1. Rules, Meetings, And Records. The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this Crystal Airport Zoning Ordinance. Meetings of the Board of Adjustment shall be held Crystal Airport Zoning Ordinance Page 15 6.2 4. at the call of the chair and at such other times as the Board of Adjustment may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of the Metropolitan Airports Commission and the Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located, and shall be a public record. Written Findings And Conclusions. The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission and in granting or denying a variance. Majority Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to afPrm, modify, or reverse an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission, to decide to grant or deny a variance, or to act on any other matter upon which the Board of Adjustment is required to pass under this Crystal Airport Zoning Ordinance. Mailing Address. The mailing address for the Board of Adjustment is: Crystal Airport Zoning Ordinance Board of Adjustment c/o Executive Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 SECTION XIII. APPEALS A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order, requirement, decision, or determination of a Zoning Administrator made in administration of this Crystal Airport Zoning Ordinance may appeal to the Board of Crystal Airport Zoning Ordinance Page 16 6.2 Adjustment. Such appeals may also be made by any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper application of this Crystal Airport Zoning Ordinance as it concerns such governing body or board. B. Commencement Of Appeals. All appeals hereunder must be commenced within 30 days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment the notice of appeal and all papers constituting the record upon which the order, requirement, decision, or determination appealed from was taken. C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, decision, or determination appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown. D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in Person, by agent, or by attorney. E. Decision. The Board of Adjustment may, in conformity with the provisions of Minnesota Statutes Chapter 360 and this Crystal Airport Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of a Zoning Administrator. SECTION XIV. JUDICIAL REVIEW Any Person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment or any action of the Commissioner taken under Minnesota Statutes 360.063, subd. 6 or 6a, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an Crystal Airport Zoning Ordinance Page 17 6.2 order, requirement, decision, or determination of the Board of Adjustment or action of the Commissioner is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The petitioner must exhaust the remedies provided in this Crystal Airport Zoning Ordinance before availing himself or herself of the right to seek judicial review as provided by this Section XIV. SECTION XV. PENALTIES AND OTHER REMEDIES Every Person who violates any provision of this Crystal Airport Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement, decision, or determination of a Zoning Administrator pr the Board of Adjustment shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and imprisonment established for misdemeanors by state law. Each day a violation continues to exist shall constitute a separate offense for the purpose of the penalties and remedies specified in this section. This Crystal Airport Zoning Ordinance may also be enforced through such proceedings for injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be amended, and other applicable law. SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES A. Compliance Required. In addition to the requirements of this Crystal Airport Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota Statutes §§ 360.81-360.91 - Regulation Of Structure Heights, Minnesota Rules 8800.1100 - Regulation Of Structure Heights, and 14 Code of Federal Regulations Part 77 - Objects Affecting Navigable Airspace. B. Conflicts With Other Regulations. Where a conflict exists between any provision of this Crystal Airport Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be with to the height of Structures or Trees, the use of land, or any other matter, the y-<. if-'r. ... '. -."-... ..^^.T^.. .~'. more stringent law, regulation, or rule shall govern and prevail. C. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this Crystal Airport Zoning Ordinance are intended to refer to the most current version and citation. If such references are no longer valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern. Crystal Airport Zoning Ordinance Page 18 6.2 SECTION XVII. SEVERABILITY A. Effect Of Taking. In any case in which the provisions of this Crystal Airport Zoning Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Crystal Airport Zoning Ordinance as to other Structures, Lots, and Trees, and, to this end, the provisions of this Crystal Airport Zoning Ordinance are declared to be severable. B. Validity Of Remaining Provisions. Should any section or provision of this Crystal Airport Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Crystal Airport Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. SECTION XVIII. EFFECTIVE DATE This Cr/stal Airport Zoning Ordinance shall take effect on the 1 ^: day of v c<rMAjcr 2024. Copies thereof shall be filed with the Commissioner and the Registers of Deeds for Hennepin County, Minnesota. Passed and adopted after public hearings by the Crystal Airport Joint Airport Zoning Board this (^ " day of N^ ^. ,202^. Crystal Airport Zoning Ordinance Page 19 6.2 I hereby certify that this is a complete, true, and correct copy of the Crystal Airport Zoning Ordinance as adopted by the Crystal Airport Joint Airport Zoning Board on JVp\/eynDe.f~ _Q_, 20^. ^^ Richard Weyrauch, Chair Crystal Airport Joint Airport Zoning Board Date:Wi/ y ^z ^ Rebecca Townsend, Secretary Crystal Airport Joint Airport Zoning Board Date: ^>^ & <^)tS Subscribed and sworn to before me this ^ day of J^s2V£CQb^l_/ 202^ by Richard Weyrauch and Rebecca Townsend, Chair and Secretary respectively, of the Crystal Airport Joint Airport Zoning Board. 3A-a4c of Minnescl-o^ CcarrKj (^ Hennepi rJ /v^ii^^ Notary Public . ?.".'. -- >,.... ^ "w^ "bro. .4^ b &r stt Xl Airprl' JO|A+ Airpori' 2bn/n 'BoOL^ Crystal Airport Zoning Ordinance Page 20 6.2 ^'1;t^-»ndiaro Avenue Northj S a3^"^, ~ j-? -^ W'Wwue^x^6'* .|Kyle Aimmi8 Ncrth3 y)lONanuaAVSU"ru 9M1Q SSJ<K/^"\r^tIrththI2sI§I<51-1IsrthI^.j ^B AVC">S North'^ c..^*sNobto Avenue N°ffi .^:;^Brth 0Oicwrd Avcniie . gpe,<y Avenue Npnh COs,ic.s's-'i£''g'Sf:5>:i?&-.3'^a/ssi.<i7!tI;st-ri../£.cII|:m.iFtofria Avenue Nor Geoig" Avenus North©^ww^^.^dIIUON snuaAVAjs^WON awsnvlicno 'S'g ilUBNariusAVjuafiay11140)i i-c^E5"loss®^.B!.s-.1>y-^T §®8ff^za^<"^^t6 Avenue North-s.s^<^^^t.s'§;^^ Iil°- .2CO0sgIIs.i*,9Iss6.2 usuw3IeaIh^I[^(*'»'rthrth> ^\\ .r(ndiara Awnus ?.h'1^-.s - \ ANgbfc Avenue North*^Oichafd Awn^ ^MS3^1tlXVWtiIgI 8/ri,'-2?-KvleAw>"ueN!t.^1^0.^ W"'W6nuMv*e»lcri 'I3Cw"M aiuaftv aunp5>t *K\.aMJQ saiOf/^ya ^ pe,ryAvenuBNorth\^'\ \v<1^ON awar.v iieno ^WJC^^VUt.^oi^ quoNSnusAV<J4StfI -I J1 }. I. j I-u.:!;i . , ^g. tiuoNani.laAVWi////yII'i.§Ii's^11?ia§i'-§s3-lSISiiiI S 3|'wo z'2 o1sij...r.I5<0^0ITmiltiON gnusiv auezlit) ON ghuSAtr^'.CPVyFlonda Av«ni» Noftl?eepig^A<"nlB Ngtth//z//^^%v,.^^'^"«hua^^^^w Aveiuie North^^'-""T^\'"L I ^t"^ <I5> .Is.a I^^i IiiS' 3^a?§s1 n§s\\c^NtgII. *iI<I6.2 EXHIBIT C - JAZB LAND USE ZONE 2 \ 'rs{^. »vito« Lan* n*n. Brooklsyi ^ ^ /c^ -.Center 1- - -r ».. p»l Ulk* ftl e it. ^y e9f^v ; ' 66th Ave ftf I .<T %^/ ^ s § > Kytown nirt e?st ll & z 3 a 10 SSlhAveN 0> .£' MIC Property Line .- Municipality Boundary - - Extended Centerllnes ^^^ Runway Protection Zone (RPZ) .^^ JAZB Land Use Zone 2 1,250 2, 00 ftAve N John .ISthAveN °^n \ u. » 48 th Ave N 5,000 Feet Esri.H RE, Gar .,(c)Q| GIS us^r communi increment P Cof GeoBa^e, IGN,' .^^Eth China ( contribu rs, andjtre GIS \ s. Sod the Esri,.HERE, Garmin, Intefmap, |fc,:yB©AN, \ IL, Ordnance Suo/eyVEsri Japan, \ ipng), (c) OpenStteetMap 3 Community Crystal Airport Zoning Ordinance Page 23 6.2 DIys0B:r§s%^'HK, r, StwifMI^I00?js?.I's k"7z ^;«mliaA»H d]^.sllCUJSfc^2-fl^r>':"<»»andCrNw-s- -..73sio*'Ps"<ea»VIN»vul«*xItSB«»rou"'» s-o09tSuTo/tautSuToAve H.",(t<*,i.;1 IEl,®I ^I"=i- CelORtttaAVB NI'?i S g^'S£ii Ave NaFtlcNI B S S i".X3 ^j on m fcaae AT N:S^lt?N-3 ^i^^Sm"i §"1 "5 5' f- o 3 &'' %"gi'l.l, ?.j'ji^t I^IS?2 ,0:0i/ ^llimpshrB AVB N:^"^:a) ^^H 8*V n"l«'!<.It,<aIU'yjT-i' iW~K^N".1^tlentLC^.l^".i^A«'» -3W^A1et3-i ^"ft ok aucz£"1\1\^ i/". \SSl^l I 's^ s ^H "V »»^H ««< »"r*»-'^f'l.ince Ave Nrt«.tfWII..;s%eearifttCW|I«IB"»'klilFranccf.2e nth Ave Mu yfflaz'a.-0 W' ;0 3' _ v!ncert AVBN Upl»n A=- 0 - diSherriar^-cM RusseBB)eM^4'ftraes Aw NNPenn-Qf? 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100 feet 101 - 150 feet 151 - 200 feet 201 - 250 feet 251 - 300 feet 301 - 350 feet 351 - 400 feet MCH - D3 F6F5F4F3F2F1 E1 E6E5E4E3E2 C2C1 C6C5C4C3 B2 B6B5B4B3B1 A2 A6A5A4A3 D6D5D4D3D2D1 6.2 143145 88 86 78 73 76 71 145 142 122 131107 120 97 63 85 145 145 145 145 147 110 117 102 89 84 95 123 145 147 7654 123 51 143 145 145 145 145 145 149143145 135 145 130 145 143108141 130 51118 145 13790 541361358912781108 94 8966 145 97 145 96 58 61 122 110 65 110 74 139 122 7176 8464 98 7574 73 61 102 123 99 118 113 110 103 143 110 121 142 134 77 139 142 134 125 120 89 87 80 77110 6965129 136 142 7611053 116 102 84 111 95 10679 106 101 97 33 114118 115 127 134 104 80 79111 13434 122639689 9349 115145136 98 108 57 139105112 123 130 127 99 85 105 63 91 46 68 48 72 141 55124 104 14281 91 49 64 144 142 133 90 70 67112 101 112 99131 123 117 106 141 99 97 143 145 141143 145 143 145 145 145 145 145 145 145145 145 147 147 147147147 147147 147147 137139 143135141141143 141 141 141 139139 139139145 145145 1 3 7 141 141 141141 141 141 141 141 141 143 141 141 141 141 141 145 141 141 145 151149 149 149 147 149 145 145 145 145 145 145 145 145145 145 145 147 145 143 143145 145 143 145145 141 143 145 141 145 145 145 145 145145 145145 145 147147 147141 141139 141 139 139 143 141 141141141 141 141 153139 139 139 139 141 143 143 139 139 141 14142 111 83 122757370 121 113 131 106101 84 8368 10410311290 102 121 12010582123143 142 1411161385367 81 85 42 135 129 56 47 137 11641 8827 33 134113 35 119 107 105 66 134 76 100 100 2310610093878173686456484136112 95100 125 145 133 139 139 74 92125 143 137 129 12885 90 96 139 101 141141 141141 117 112 141141 123 128 141 133 134 141 139 143 141 141 141 141 143 141 141 139 139 141 139 141 141 141 141 143 141 141143 141 139 141 141 141 141143 143 141 141 143 143 141 139 141 139 141 141 141 39 139 141 141 141 143 141 139 141 139139 141 143 139137 139137 139137 139137 137 141 141 139 141 141 145 137 137 135102 143 145 143 141 139 139 141 141 141 141 7396 139 105 105 147147147147147147147147147147147147139 141 118 135 126 104 112 98139 95 139 141 137 139 141 86 139 139 76 139 5752 14974 55 72 52 53 50 91 51 89 93 49 8767 60 63 82 7592 91 91137 141121 145 145 101 145 143 145 119117145 10274141 89 100 108 106 41 87 145 137 137 135 135 121 115113112141113 147 147 145 147 145 147 145 147 145 145 145 141 145 115 88 139 114 76 143 137 106 134 135 116 123 97 93 91 139 20 87 91 1354514081 141 144 130 65 67 63 56 53 41 145 149 145 147 149 143 147 145 145 145147145143 143 145 141 147147145147147147143 139 147 147 147 145 143 145 147 147 147 139 139 139 133 141 139 141141 141141 139 143 143 141 143 139 139 139 139 141141141139 147 145 145145 145 149147 149 139 143 143 141141139141137 141 141 139139 141 141 1 3 9139139 145 145 145 145 145 13741 51 726239 6842 56 118 71 102 101 98 113 123 73 10510811512382 66 145 137 131 125 139 126 136 7591 101 134 130 0 900450 Feet MIC Maximum Construction Heights Without Permit MIC Property Line Airport Hazard Area 50 feet or less 51 - 100 feet 101 - 150 feet 151 - 200 feet 201 - 250 feet 251 - 300 feet 301 - 350 feet 351 - 400 feet MCH - D4 F6F5F4F3F2F1 E1 E6E5E4E3E2 C2C1 C6C5C4C3 B2 B6B5B4B3B1 A2 A6A5A4A3 D6D5D4D3D2D1 6.2 1 Dan Olson From:Gilles, Eric <Eric.Gilles@mspmac.org> Sent:Thursday, January 25, 2024 11:48 AM To:Dan Olson Subject:RE: Voice Mail (30 seconds) Dan, Thank you for your voicemail and reconnect. I have been preoccupied this week. I do not have comments at this time. Thank you for sending the material. ERIC GILLES, C.M., ACE Senior Airport Planner, Planning and Development Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 O: 612-725-4694 M: 763-229-8057 www.MetroAirports.org Facebook twitter Instagram From: CRYSTAL CITY OF <+17635311000> Sent: Thursday, January 25, 2024 10:57 AM To: Gilles, Eric <Eric.Gilles@mspmac.org> Subject: Voice Mail (30 seconds) Hey Eric, this is Dan from the City of Crystal. Say. Just thought I'd follow up my e-mail from last Monday just to see if you have any comments about anything in the staff report, including the tree provisions. If you don't have any comments, that's fine, but I just thought I'd check up on you. If you could e-mail me or call me, whatever's easier, that'd be great. Thanks. Bye. You received a voice mail from CRYSTAL CITY OF. Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe. Set Up Voice Mail **** This is an EXTERNAL email - which originated outside of the City of Crystal. Please exercise caution. DO NOT open attachments or click links from unknown senders or in unexpected email from known senders. **** Attachment E 6.2 CITY OF CRYSTAL RESOLUTION NO. 2024 - _____ RESOLUTION TO ATTACH THE CRYSTAL AIRPORT ZONING ORDINANCE AS AN APPENDIX TO THE CRYSTAL CITY CODE WHEREAS, zoning around airports is regulated by Minnesota Statutes, sections 366.061 through 366.074 and Minnesota Rules, part 8800.2400 (collectively, the “Act”); and WHEREAS, the goal of the Act is to regulate potential airport hazards in order to protect public safety; and WHEREAS, the Crystal Airport Joint Airport Zoning Board (“JAZB”) is a joint powers entity established by the Metropolitan Airports Commission (“MAC”) and the neighboring cities to adopt zoning regulations for the Crystal Airport in accordance with the requirements of the Act; and WHEREAS, MAC directed the JAZB through the ordinance development process, which is separate and different from the procedures the City uses to develop and adopt local zoning regulations, and JAZB recently adopted the Crystal Airport Zoning Ordinance (“Airport Zoning Ordinance”); and WHEREAS, properties around the Crystal Airport are subject to the regulations within the Airport Zoning Ordinance and the Act makes the City of Crystal responsible for administering those regulations within the City; and WHEREAS, the City desires to make the Airport Zoning Ordinance available to the public, while also recognizing it is not part of the City Code since the City Council does not have the authority over the regulations; and WHEREAS, Crystal city code, subsection 110.09 provides that the “city council may direct that special ordinances and others be included in appendices to this Crystal city code.”; and WHEREAS, the City Council determines attaching the Airport Zoning Ordinance as an appendix to the City Code, with a reference to it in the table of contents of the Uniform Development Code (Chapter V), is the best method for making it available to the public. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, Minnesota as follows: 1.The Airport Zoning Ordinance shall be attached to the City Code as Appendix I, which is currently blank. Attachment F 6.2 2. The City Manager is hereby authorized and directed to have staff include a reference to the Airport Zoning Ordinance at the end of the Table of Contents for City Code Chapter V, generally as follows: Crystal Airport Zoning Ordinance See Appendix I Adopted by the City Council of the City of Crystal this 6th day of February 2024. ___________________________ Jim Adams, Mayor ATTEST: _______________________ Christina Serres, City Clerk 6.2 Memorandum DATE: February 6, 2024 TO: City Council FROM: Ben Perkey, PE, Interim Director of Public Works/City Engineer SUBJECT: Award contract for the Joint Water Commission Golden Valley and Crystal Pump House Improvements Background On December 19, 2023, the Council approved the plans and specs and ordered the advertisement for bids for the Joint Water Commission Golden Valley and Crystal Pump House Improvements. Bids for the project were opened on January 25, 2024. Four bids were received and listed below (for the Base Bid, Alternate 1 and Alternate 2): 1)Municipal Builders, Inc.$2,148,728.00 2)American Liberty Construction $2,268,000.00 3)Killmer Electric Co.$2,939,600.00 4)Shank Constructors, Inc.$2,892,300.00 The engineer’s estimated construction cost was $2,078,000.00 Staff has reviewed the bids and found them to be accurate and in order. Municipal Buildiers, Inc. is a reputable local contractor and has done similar projects in the metro area for many years, including previous projects at both the Golden Valley and Crystal pump houses. Project Funding This project will be funded using the Joint Water Commission’s capital project fund for pump house work. There will be no direct expenditure of City funds for this project. The total project funding available is $2,700,000. The total project cost is $551,272 (20% of total project cost) under budget which will be used as contingency during construction. Any unused contingency will be put back into the Joint Water Commission capital project fund. Schedule •Fall 2024 – Winter 2025 construction at Golden Valley pump house •Fall 2025 – Winter 2026 construction at Crystal pump house Recommended Action •Motion authorizing the contract with Municipal Builders, Inc. for the Joint Water Comission Golden Valley and Crystal Pump House Improvements. 6.3 RESOLUTION NO. 2024 - ___ AWARD CONTRACT FOR THE JOINT WATER COMMISSION GOLDEN VALLEY AND CRYSTAL PUMP HOUSE IMPROVEMENTS PROJECT WHEREAS, the Crystal City Council approved the Joint Water Commission (JWC) Golden Valley and Crystal Pump House Improvements plans and specifications on December 19, 2023; and WHEREAS, the Crystal City Council authorized solicitation of public bids on December 19, 2023; and WHEREAS, the Joint Water Commission’s Capital Improvement Plan has funds available for pump house improvements; and WHEREAS, four bids were received and publicly opened on January 25, 2024; and WHEREAS, Municipal Builders, Inc., was the lowest qualified bidder; and WHEREAS, Municipal Builders, Inc., is a well-known reputable local contractor and has previously completed the same type of work in the City. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for Joint Water Commission Golden Valley and Crystal Pump House Improvements to Municipal Builders, Inc., including only bid Alternate 1 and Alternate 2, in the amount of $2,148,728.00. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to sign said contract. Adopted by the Crystal City Council this 6th day of February, 2024. Jim Adams, Mayor ATTEST: _________________________________________ Christina Serres, City Clerk 6.3 Memorandum DATE: February 6, 2023 TO: City Council FROM: Ben Perkey, PE, Interim Director of Public Works/City Engineer SUBJECT: Approve Plans and Specifications, Order Ad for Bids 2024 Utility Reconstruction Project S.0303 Summary The 2024 Utility Reconstruction Project is proposed to reconstruct Louisiana Avenue from Medicine Lake Road (27th Avenue N) to 32nd Avenue N, as well as the 31st Avenue N dead end, west of Louisiana Ave N (all in New Hope). The project is a joint project with the City of New Hope that has been planned for years. Similar to previous utility reconstruction projects, city utilities within the right-of-way will be replaced and the roadway will be reconstructed. Since this is a joint project with New Hope, certain costs are split between the two cities. A total of 44 properties are potentially impacted by this project, 33 of which are residential properties in Crystal. Generally speaking, the utility reconstruction work will consist of removal and replacement of the existing water main and sanitary sewer main, as well as new fire hydrants and water service laterals from the mains to the city-owned curb stop. The work will also include some storm sewer modifications and replacement. New concrete curb and gutter, concrete sidewalk along the east curbline (Crystal side), and street pavement will be installed after the utility work is complete. Project Budget The 2024 Water, Sewer, Storm Water Utility Capital Funds and Street Maintenance Capital Fund allocated a combined $2,650,000 for the utility reconstruction project. The City of New Hope has budgeted $1,980,000 for their portion of the project. The total project budget between the two cities is $4,630,000. There will be no special assessment for this project. Project Cost The engineers estimated construction cost for the project is $4,011,582.90. The estimated cost to the City of Crystal was $2,383,704.03 and the estimated cost to the City of New Hope was $1,627,878.87. The professional services, construction testing, and other miscellaneous costs are approximately $450,000. This brings the total project cost to an estimated $4,461,582.90. This estimated total is $168,417.10 under budget. After the bids are opened, the Council will get an update at a work session with regards to where the bid prices came in and discuss next steps. 6.4 Project Schedule In order to try and get the best pricing, the City is flexible on the construction schedule in terms of start time. Bids will be opened March 11, 2024. Assuming there are no issues (funding or otherwise), the Council will be asked to consider awarding the contract at the March 19th Council meeting. The date for project completion is late fall 2024. The final layer of pavement is planned to be completed by the end of this year. Communication In late 2023, direct mailings were sent to all the properties in the project area notifying them of the potential project. Due to COVID-19 precautions and input from the properties in previous projects, no open house was held for this project. Instead, staff created an informational packet that was mailed to each home that is intended to be a reference document for residents throughout the entire project and created a number of YouTube videos on the topics that would have been discussed at a public open house. The link to the project webpage with these videos was included in the mailings. Additional information will be mailed once the project is awarded and a construction timeline is known. CenterPoint Energy In advance of the City project, CenterPoint Energy has replaced some gas mains, service laterals, and moving gas meters from inside homes to outside of the home. Optional Sanitary Sewer Service Program 6 properties (18%) have expressed interest in participating in the private sanitary sewer service lining program. This is consistent with previous years. Staff have been working with these property owners to conduct televised inspections of their sanitary sewer service laterals to confirm the pipe can be lined. Attachment • Project Location Map Recommended Action • Motion to approve a resolution approving the plans and specifications for the 2024 Utility Reconstruction project. • Motion to approve a resolution ordering advertisement for bids for the 2024 Utility Reconstruction project. 6.4 32nd 31st 30th Viewcrest 2 9 t hQuebec Lampher eLouisianaLouisianaPennsylvaniaNevadaMarylandWinpark31st Idaho27th 30th JerseyV alle Rhode IslandCPMadison Sandburg N e v a d a Kentucky3204 6820 3232 6822 6822 3224 6822 3240 7600 3225 3209 3201 730054 54 3233323032333232 3201 3209 3217 32253220 3210 3200 3200 3208 3216 3224 3231 3137 730154 7209 7201 7123 7115 3159 3151 7285 7279 7269 7259 7249 7245 72397235 7229 7299 3010 3131 7601 7718 7710 7700 7634 7624 7616 7608 7600 7711 7703 7635 7625 7617 7609 7601 3008 3000 2956 2948 3154 3116 295829592964 3132 3140 3148 31563157 3149 3141 3133 3158 3150 3142 3134 3002 3010 3018 30263027 3019 3009 30013002 3010 3018 3026 3159 3149 3141 3133 3125 3117 3109 3101 3049 30413042 3050 3100 3108 3116 3124 3132 3140 3146 3152 31583159 3153 3147 3125 3117 3109 3101 3049 30413040 3048 3100 3124 3132 3140 3148 3141 3133 3033 3025 3017 3011 70007012 3008 3016 3024 3032 70012966 3033 3025 3017 3009 30013002 3010 3018 3024 3034 29652966 3042 3102 3110 3116 31263125 3117 3109 31013102 3110 3118 3126 3043 30353034 3044 3034 2748 2742 2736 2737 2743 2749 2733 272527242731 2725 2902 2908 2914 2920 2926 2934 2942 2950 2702 2710 2718 2726 2734 2802 2810 2818 2826 2821 2811 2801 2717 2709 27016824 2710 2718 2726 2734 2802 6825 2947 2937 2927 2921 2915 2909 2901 2900 2908 2916 2924 2932 2940 2948 2956 2910 2904 2903 2909 2700 54 2701 2909 2901 2817 2809 2801 2733 2725 2717 2709 27012702 2710 2718 2726 2734 2802 2810 2818 2902 2910 2941 29352936 294229372934 2940 2961 2953 29452946 2956 2959 2953 29472948 2954 2960 2929 2923 29172916 2922 29282929 2923 29172916 2922 2928 2718 2712 2713 2719 ´0 500 1,000 Feet 2024 Utility Reconstruction Louisiana Ave., Crystal, Minnesota 42nd Ave New Hope Golden Valley Crystal Project Area Crystal 27th Ave / Medicine Lake RdWinnetka AveDouglas DriveLouisiana Ave0¼ Miles Golden Valley New Hope 32nd Ave 6.4 RESOLUTION NO. 2024 - ______ APPROVING PLANS AND SPECIFICATIONS FOR THE 2024 UTILITY RECONSTRUCTION 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 has developed a long-term plan for reconstruction of the City’s water, sanitary sewer, storm water, and street infrastructure; and WHEREAS, various 2024 capital funds have been allocated funds for the utility reconstruction project; and WHEREAS, the firm of Short Elliot Hendrickson (SEH) has prepared the plans and specifications plans for the proposed 2024 Utility Reconstruction project. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the plans and specifications for the 2024 Utility Reconstruction Project. Adopted by the Crystal City Council this 6th day of February 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.4 RESOLUTION NO. 2024 - ______ ORDERING ADVERTISEMENT FOR BIDS FOR THE 2024 UTILITY RECONSTRUCTION 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 has developed a long-term plan for reconstruction of the City’s water, sanitary sewer, storm water, and street infrastructure; and WHEREAS, various 2024 capital funds have allocated for the utility reconstruction project; and WHEREAS, the firm of Short Elliot Hendrickson (SEH) has prepared the plans and specifications plans for the proposed 2024 Utility Reconstruction project; and WHEREAS, the City Council approved the plans and specifications on February 6, 2024. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders the advertisement for bids for the 2024 Utility Reconstruction Project. Adopted by the Crystal City Council this 6th day of February, 2024. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.4 Memorandum DATE: Februar 6, 2024 TO: City Council FROM: Ben Perkey, PE, Interim Director of Public Works/City Engineer SUBJECT: No parking restrictions along the east side of Louisiana Avenue North from Medicine Lake Road/27th Avenue to 32nd Avenue Summary In 2023, staff requested feedback from residents and property owners within the 2024 Utility Reconstruction Project limits regarding preference to on-street parking and proposed sidewalk location along Louisiana Avenue N from Medicine Lake Road/27th Avenue N to 32nd Avenue N. In order to include the proposed sidewalk with the project and complete the work within the right-of- way, staff determined that Louisiana Avenue N would need to be narrowed (remove on-street parking from one side of the road) so as to not increase the overall footprint of the project. Through feedback from resident surveys, discussion with residents on-site, and resident feedback to Council; Council directed staff to move forward with the design of Louisiana Avenue N to include the sidewalk along the east side (Crystal side) of the roadway with on-street parking available only along the west side (New Hope side) of the roadway. Proposed No Parking Summary No parking will be permitted at any time on the east side of Louisiana Avenue North from Medicine Lake Road/27th Avenue N to 32nd Avenue N. Recommended Action Motion to approve the resolution prohibiting parking on the east side of Louisiana Avenue North from Medicine Lake Road/27th Avenue North to 32nd Avenue North. 6.5 RESOLUTION NO. 2024 - ___ PROHIBITING PARKING ON THE EAST SIDE OF LOUISIANA AVENUE NORTH FROM MEDICINE LAKE ROAD/27TH AVENUE N TO 32ND AVENUE N 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 of Crystal has planned improvements to Louisiana Avenue North, State Aid Route No. 116-320-008; and WHEREAS, the City has ordered the project for the 2024 Utility Reconstruction Project which includes Louisiana Avenue North from Medicine Lake Road/27th Avenue North to 32nd Avenue North; and WHEREAS, the City will be expending Municipal State Aid Street funds on improvements to Louisiana Avenue North; NOW, THEREFORE, BE IT RESOLVED that the City hereby prohibits the parking of any vehicles or equipment at all times on the east side of Louisiana Avenue North from Medicine Lake Road/27th Avenue North to 32nd Avenue North Adopted by the Crystal City Council this 6th day of February, 2024. Jim Adams, Mayor ATTEST: _________________________________________ Christina Serres, City Clerk 6.5 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 27, 2018 City Council Special Meeting Agenda Feb. 6, 2024 Immediately Following Regular Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the special meeting of the Crystal City Council was held at ______ p.m. on Feb. 6, 2024, in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Kamish ____ Bell ____ Kiser ____ Sutter ____ Onesirosan ____ Gilchrist ____ Adams ____ Budziszewski ____ Cummings ____ Eidbo II. Agenda The purpose of the special meeting is to discuss the following agenda items: 1. Consider developing an offer to purchase real property located at 5273 West Broadway (this portion of the meeting will be closed pursuant to Minnesota Statutes 13D.05, subd. 3(c)(3)).* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.