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2025.05.06 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: May 2, 2025 City Council Meeting Schedule Tuesday, May 6, 2025 Time Meeting Location 6:30 p.m. City council work session to discuss: 1. Public works department quarterly update. 2. Council and county attorney future meeting discussion items. 3. Franchise fees follow-up. 4. Proposed Unified Development Code amendments being considered at the May 12 Planning Commission public hearing. 5. Council liaison reports. 6. Constituent issues update. 7. New business. 8. Announcements. Conference room A/Zoom 7 p.m. City council meeting Council chambers/Zoom Immediately following the city council meeting Continuation of city council work session, if necessary Conference room A/Zoom The public may attend the meetings via Zoom by connecting through one of the methods identified below. Topic: Crystal City Council work session and city council meeting. Time: May 6, 2025, 6:30 p.m., Central Time (US and Canada) Join Zoom work session meeting: https://us02web.zoom.us/j/88103714329?pwd=N9A392Xe2I9H7A1aClaMeYUxlZVEub.1 Meeting ID: 881 0371 4329 | Passcode: 4141 Find your local number: https://us02web.zoom.us/u/kbhxOKzE1j Join Zoom regular meeting: https://us02web.zoom.us/j/82456866820?pwd=IKjLbLWhjoLpHWYqS1hBbD1SU3VO4N.1 Meeting ID: 824 5686 6820 | Passcode: 4141 Find your local number: https://us02web.zoom.us/u/kcROUmJCnF 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: May 2, 2025 City Council Work Session Agenda Tuesday, May 6, 2025 6:30 p.m. Conference Room A/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, May 6, 2025, at ______ p.m. in conference room A 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 meeting at 7 p.m., the work session will be continued and resumed immediately following the city council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, May 6, 2025. I. Attendance Council members Staff ____ Eidbo ____ Bell ____ Struve ____ Kamish ____ Tierney ____ Sutter ____ Kiser ____ Therres ____ Serres ____ Onesirosan ____ Elholm ____ Budziszewski ____ Larson ____ Cummings ____ Kunde ____ Deshler ____ Revering ____ Hubbard II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Public works department quarterly update.* 2. Council and county attorney future meeting discussion items.* 3. Proposed Unified Development Code amendments being considered at the May 12 Planning Commission meeting. 4. Council liaison reports.* 5. Constituent issues update.* 6. New business.* 7. Announcements.* III. Adjournment The work session adjourned at ______ p.m. * Denotes 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. PROPOSED UDC AMENDMENTS PAGE 1 OF 1 __________________________________________________________________________ FROM: Dan Olson, City Planner TO: Adam R. Bell, City Manager (for May 6 work session) DATE: April 30, 2025 RE: Discuss proposed Unified Development Code amendments being considered at the May 12 Planning Commission public hearing __________________________________________________________________________ Staff is proposing amendments to the Unified Development Code (UDC), including policy changes on five issues, and also corrections or clarifications brought about by things we learned while administering the UDC. The five proposed policy changes are: 1.Create a new neighborhood commercial (NC) district. 2.Reduce minimum lot width and area for two-family dwellings. 3.Modify locations for auto-dependent uses. 4.Modify parking requirements. 5.Allow ADUs in additional housing types. The Planning Commission discussed the proposed UDC amendments, including the five policy issues, at the March 10th and April 14th meetings. The May 6 work session is intended to update the Council with the ordinance changes staff will present to the Planning Commission for a public hearing and recommendation vote on May 12. This would be followed by City Council consideration of first reading on May 20, second reading and adoption on June 3, publication on June 12, and an effective date of July 12. Attachments: A.PowerPoint B.Proposed ordinance amendments C.Map - Location of proposed Neighborhood Commercial (NC) properties (11x17) D.Map - Existing and proposed properties eligible for two-family dwellings (11x17) E.Table - Parking requirements for other cities (11x17) F.Table - Commercial development parking counts (11x17) G.Map - Location of additional potential ADUs (11x17) COUNCIL STAFF REPORT Proposed amendments to the Unified Development Code City Council Work Session May 6, 2025 Proposed amendments to the Unified Development Code (UDC) Purpose of Amendments Implement desired changes for 5 policy issues Clarify existing provisions or practices Adjustments to development standards to address things learned during administration of the ordinance Proposed Timeline May 12 -Planning Commission public hearing May 20 -City Council first reading of ordinance June 3 -City Council second reading and adoption June 12 -Publication July 12 -Effective date City Council expressed a desire for a new district that would ensure compatibility between residential and commercial properties. Ordinance provides for purpose statement, allowed uses, dimensional and setback requirements, hours of operation, and sign requirements. Staff recommends: Hours of operation limited to 5 a.m. -10 p.m. Five properties at 60th & Lakeland not included in NC district (would remain C -Commercial). Permitted uses would not include multiple-family or one- family attached dwellings (could still be developed through a PD rezoning). Policy Discussion #1 –Create NC District Proposed NC district properties in pink The following changes would provide more opportunities for two family dwellings, whether through modification or additions to an existing house, or by new construction: Reduce minimum lot width from 80’ to 75’. Reduce the minimum lot area from 10,000 to 9,000 SF. Staff recommends approval as proposed Some Planning Commission members are OK with reducing the minimum lot area to 9,000 sq. ft. but do not support reducing the minimum lot width to 75’. Policy Discussion #2 -Reduce Minimum Lot Width/Area for Two Family Dwellings Effect of Proposed Change to Minimum Lot Widths Yellow:Lots 80’+ wide Eligible for a two-family dwelling under current ordinance Orange: Lots 75’-80’ wide Would become eligible for a two-family dwelling under proposed ordinance City Council has expressed an interest in reducing the number of auto-dependent uses in the TC -PD district. Ordinance amendment would prohibit new auto uses. 17 businesses would become legally nonconforming (3 others are already nonconforming). Vehicle fuel stations (2) Planning Commissioners disagreed with prohibiting these uses in the TC-PD district because they are not as negatively impactful as other automotive uses. Staff has modified the proposed ordinance to reflect this request. Vehicle, boat and RV sales or lease (7) Car washes (1) Vehicle repair (8) Vehicle impound lots (2) Policy Discussion #3 -Locations for Auto-Dependent Uses Existing auto uses in the TC and TC-PD Districts Could eliminate or modify minimum and maximum required numbers of spaces Staff is not recommending eliminating parking minimums. Parking comparison table shows what other similar cities require for minimums and maximums. Some cities allow applicants to submit a parking study and give staff authority to reduce parking minimums rather than going through a variance process. Crystal already allows this in the TC-PD district. Policy Discussion #4 -Modify Parking Requirements Commercial Parking Requirements Staff looked at existing parking on 10 commercial properties. Conclusions: Most uses have more parking than needed. This is primarily because property owners wanted a lot of parking in the past, and secondarily due to city requirements in place at the time. The city’s current parking space requirements are generally appropriate based on observed need. The exception is restaurants, for which staff recommends reducing the requirement from 1 space per 100 sq. ft. to 1 space per 250 sq. ft. Garage requirement Currently at least one garage space is required for a single or two-family dwelling. Eliminating the garage requirement would allow existing attached garages to be converted to other uses if desired by the property owner, such as a rec room or ADU. Eliminating the garage requirement could reduce new home construction costs, but most builders would still likely build a garage. Staff recommends deleting the requirement for a garage space for one-and-two family residential. The Planning Commission was divided on eliminating the garage requirement. Some were concerned about garage stuff being stored outside. Others questioned why we require a garage when they often get used for other things anyway. Currently ADUs are only allowed for detached SF homes. Staff recommends allowing them at additional housing types: Two -family dwellings. Attached single-family dwellings. Neighborhood Commercial district (NC) –as part of a commercial use, but detached ADUs would not be allowed. In the pre-UDC neighborhood commercial district, apartments were allowed as part of the commercial use. The most likely effect would be for two family dwellings with walkout basements or other spaces within the existing building to create (or legalize) a new unit as an ADU. Less likely would be construction of a detached ADU or an addition creating an ADU. Policy Discussion #5 -Allow ADUs in additional housing types New possible locations for ADUs: Brown: Two - unit residential Yellow: Attached single-family Clarify difference between landscaping sales and landscape contractors. Include “bagsters” in definition of portable storage containers. Only subdivisions that divide land are subject to city review and approval. Clarify that other city staff can review Type 1 review applications. Clarify timeline for building permit application submittal for zoning applications. Require only a Type 1 site plan review for replacement of buildings in same footprint/height, and for airport facilities. Increase glazing requirements in TC, NC, and C districts. Allow flexibility for design requirements in TC district. Increase the radius for a shadow effects study. Clarifications and Corrections Remove requirement to provide private recreational uses in a Planned Development. Remove specialized care facilities with 6 or less residents from the NC and C districts. Reduce redundancies in the notes section of the principal use table. Requirement for directional signage for multiple family dwellings. Correct internal conflicts for building setbacks in the TC district. Re -organize requirements for garages and carports, including adding a minimum size for a garage. Clarify that micro-unit dwellings are subject to city’s density requirements. Clarifications and Corrections Set weekend hours for seasonal agricultural sales. Clarify that airport hangers are not subject to the prohibition on corrugated metal exteriors. Clarify the requirements for tree removal and replacement. Allow ground mechanical equipment between the building the street right-of-way if required by a utility company. Parking lot setbacks adjacent to residential uses can be reduced if a permanent screen is installed. Add paver standards for driveways and parking lots. Add a cross-reference to chapter 4 for grading requirements. Clarify miscellaneous sign requirements, including content neutrality, height, measuring readerboards, freestanding sign setbacks, and temporary sign requirements. Clarifications and Corrections 7 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one family detached dwelling, one family attached dwelling, two family dwelling, and to commercial uses in the NC district, to which it is accessory to and subordinate in size. An accessory dwelling unit may be within or attached to the one family dwelling or commercial building, or in a detached accessory building on the same lot. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, chapter XI. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords a secondary means of access to abutting property. Subd. 8. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 9. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. Subd. 10. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for the owner, including a subdivider, developer, attorney, or similar representative who has filed an application for development or sign approval with the city. Subd. 11. Application. “Application” means the process by which the owner, or their agent, of a parcel of land within the city submits a written request for any type of development or sign approval. Subd. 12. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects 13 Subd. 75. Floor area, finished. “Floor area, finished” means the gross floor area that is finished as fully habitable space, including the finished portion of a basement. Where a sloped ceiling is present, only that portion which has at least six feet of vertical clearance from floor to ceiling shall be considered finished floor area. Subd. 76. Frontage. “Frontage” means the line of contact of a property with a public right-of-way. Subd. 77. Funeral home. “Funeral home” means a building used for human funeral services and which may include space for embalming and other services used in the preparation of the dead for burial, the indoor storage of caskets, funeral urns, and other related supplies. Funeral homes do not include facilities for cremation, but cremation services may be offered. Subd. 78. Garage, attached. “Garage, attached” means the storage of motor vehicles by the owner or occupant of the principal use in a garage that is attached to the principal structure by a common wall or by a roof. An attached garage has no facilities for mechanical service or repair. Subd. 79. Garage, detached. “Garage, detached” means an accessory building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair. A detached garage is a freestanding structure, not connected to the foundation, wall, roof, or other part of the principal structure. Subd. 80. Garage or yard sales. “Garage or yard sales” means the infrequent temporary display and sale of general household goods, used clothing, appliances, and other personal property. Subd. 81. Grade. “Grade” means the average finished ground level of the land around the perimeter of a lot, structure, or building. Subd. __. Greenhouses, garden and landscaping sales. “Greenhouses, garden and landscaping sales” means an establishment for the growth, display, and/or sale of plants, shrubs and trees, and materials used in indoor or outdoor planting, conducted within or without an enclosed building. Subd. 82. Half street. “Half street” means a right-of-way dedicated for a street by a developer along such developer’s perimeter property line equal to only one-half of the total right-of-way width required by this UDC. Subd. 83. Hemp business. “Hemp business” has the meaning given the term in Minnesota Statutes, 342.01, subdivision 24. Subd. 84. Home business. “Home business” means a business, profession, activity, or use that is clearly a customary, incidental, and accessory use of a residential dwelling and except for allowable signage does not alter the exterior of the property or affect the residential character of the neighborhood. Subd. 85. Hospital. “Hospital” means an institution licensed by the state providing health care services and medical or surgical care to persons, primarily inpatient, suffering illness, disease, injury, and other physical and mental conditions. Hospitals may include as an integral part of the facility laboratories, outpatient facilities, or training facilities. Subd. 86. Hotel, motel, or extended stay. “Hotel, motel, or extended stay” means a facility containing four or more guest rooms and offering transient lodging accommodations on a daily rate to the general public, plus no more than two dwelling units as accessory uses to the hotel and occupied only by the property owners or on-site managers. 14 Subd. 87. Hydric soils. “Hydric soils” means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Subd. 88. Hydrophytic vegetation. “Hydrophytic vegetation” means macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Subd. 89. Impervious surface. “Impervious surface” means any surface that does not readily absorb or retain water, including but not limited to buildings, roofs, parking areas and driveways, sidewalks, and pavement. Subd. 90. Industrial uses (indoors). “Industrial uses (indoors)” means a facility used primarily for manufacturing, processing, or assembly of products that is a fully enclosed structure where noise, odor, light, or vibrations are not noticeable from the adjacent properties. Subd. 91. Industrial or commercial uses with outdoor storage of parts, products, or fuel. “Industrial or commercial uses with outdoor storage of parts, products, or fuel” means those industrial or commercial uses, such as recycling establishments, truck terminals, public works yards, building or landscape contractor yards, or other commercial businesses that find it necessary to have outdoor/open storage of parts, products, or fuels to support the principal use of the property. This includes commercial truck storage or parking as defined in this UDC, but not those temporary outdoor storage uses which are regulated in the Crystal city code, subsection 515.25. Subd. 92. Infiltration. “Infiltration” means the passage of water into the ground through the soil. Subd. 93. Kennels, commercial. “Kennels, commercial” has the meaning given it in the Crystal city code, chapter IX. Subd. 94. Kennels, multiple animal. “Kennels, multiple animal” has the meaning given it in the Crystal city code, chapter IX. Subd. __. Landscape contractor. “Landscape contractor” means a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Subd. 95. Loading spaces. “Loading spaces” means the area not within a public right-of-way provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise. For the purposes of this UDC, development standards for loading spaces shall only apply to those areas of at least ten feet in width, 30 feet in length and having a vertical clearance of at least 14 feet. Subd. 96. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 97. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. 19 streets, and physical features relevant to the development of the property, but not in the detail or final form of the final plat. Subd. 136. Porch, open. “Porch, open” means a porch that has a roof but is not enclosed with windows, screens or walls. An open porch that does not have a roof is defined as a deck. Subd. 137. Portable storage container. “Portable storage container” means a temporary portable structure or container that allows for on-site storage of goods or materials, and which is not permanently affixed to a foundation. For the purposes of this UDC the term includes soft-sided storage containers, including the containers, commonly called “bagsters”. Subd. 138. Principal Cannabis Business. “Principal Cannabis Business” means a cannabis retailer business that derives more than 50% of its gross revenue from the sale of cannabis products. Subd. 139. Private recreational facilities, indoor. “Private recreational facilities, indoor” means recreational facilities are private recreational facilities located completely within an enclosed building that includes, but is not limited to bowling alleys, volleyball courts, ice skating rinks, and driving ranges. Subd. 140. Private recreational facilities, outdoor. “Private recreational facilities, outdoor” means private recreational facilities providing outdoor activities that includes, but is not limited to, sand volleyball courts, miniature golf courses, batting cages, and tennis courts. Subd. 141. Public and semipublic buildings. “Public and semipublic buildings “ means buildings containing public or civic uses of special significance to residents, employees or visitors such as community service centers. Public and semipublic buildings do not include public utility buildings, schools, or religious institutions. Subd. 142. Public waters. “Public waters” means waters of the state as defined in Minnesota Statutes, section 103G.005. Subd. 143. Reach. “Reach” means a hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 144. Recreational vehicle. “Recreational vehicle” has the meaning given the term in Minnesota Statutes, section 168.002. For the purposes of this UDC, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle”. Subd. 145. Regional flood. “Regional flood” means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Subd. 146. Regulatory flood protection elevation (RFPE). “Regulatory flood protection elevation” or “RFPE” means an elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Subd. 147. Religious institutions. “Religious institutions” mean a building, together with its accessory buildings, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 25 Subd. 172. Stealth. “Stealth” means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. Subd. 173. Street. “Street” means a public right-of-way greater than 30 feet in width platted or dedicated for the purpose of accommodating vehicular traffic or providing principal access to abutting property. An alley is not a street. Subd. 174. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 175. Subdivision. “Subdivision” means as a verb, the term means the process of separating a parcel of land for the purpose of building or conveyance into two or more lots, including the division of previously subdivided property. As a noun, the term means the product resulting from the separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 176. Substantial damage. “Substantial damage” means in relation to the floodplain overlay district damage of any origin sustained by a structure where the cost of restoring the structure to it’s before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Subd. 177. Substantial improvement. “Substantial improvement” means in relation to the floodplain overlay district within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 178. Survey, certified. “Survey, certified” means a scaled drawing prepared by a registered land surveyor of a property indicating the location and dimensions of property lines, and if appropriate the location and dimensions of existing and proposed buildings. A survey typically depicts a parcel’s legal description and may also show additional information such as topographic data and the location of recorded easements. Subd. 179. Telecommunications facilities. “Telecommunications facilities” means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term “telecommunications facilities” shall not include any satellite earth station antenna one meter or less in diameter, or any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial. This term does not include wireless facilities, which are separately defined under this UDC. 34 Table 1: Development Review Procedures Type 1 Zoning Administrator Type 2 Planning Commission and Council Type 3 City Council Decision Recommend & Decision Decision Zoning Certificate X Site Plan Review X [1] X [1] Conditional Use Permit X Adjacent Parcel Land Conveyance X Lot Consolidation X Subd.– Prelim. Plat X Subd. – Final Plat X Comp Plan Amendment X Rezoning or Text Amend. X Variance X Appeals X Note: 1. A site plan review application is subject to either a Type 1 or Type 2 review, dependent upon the criteria in the Crystal city code, subsection 510.13. Subd. 3. Review procedures. (a) Type 1 review procedure. Type 1 review procedure decisions are made by the zoning administrator without public notice and without a public hearing. (1) Application submittal. The applicant shall submit a complete application to the zoning administrator in accordance with the Crystal city code, subsection 510.09. (2) Action by the zoning administrator. The zoning administrator may consult with other city staff on the application and shall render a decision to approve or deny an application in accordance with the timelines contained in this UDC. The zoning administrator shall provide a written decision on the application, delivered to the applicant. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 38 (b) If landscaping is required as part of the zoning certificate approval, and the applicant is not able to install the landscaping prior to or concurrent with the issuance of the certificate of occupancy, the applicant shall submit a cash escrow to secure the completion of the landscaping. Subd. 5. Expiration. (a) A zoning certificate shall become void after one year from the date of issuance approval unless the applicant has applied for if a building permit has not beenthat is subsequently issued. (b) The zoning administrator may approve one extension of not more than one year. 510.17. Site plan review. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re-constructed, enlarged, or structurally altered, nor shall any land be used, excavated or improved until a site plan is approved. Subd. 2. Approval procedure. A site plan review application shall be submitted to the zoning administrator in accordance with the application criteria of this UDC. If an applicant is submitting a conditional use permit application as provided in the Crystal city code, subsection 510.19, the conditional use permit and site plan review application shall be reviewed concurrently without the need for an additional application fee. (a) Site plans for the following construction requires approval of a zoning certificate review subject to a Type 1 review procedure as established in this UDC: (1) Additions to multiple-family dwellings or nonresidential buildings of less than 50 percent of the building footprint. (2) Industrial or commercial uses with outdoor storage of parts, products or fuels. (3) Telecommunication towers in the industrial district. (4) Replacement of a multiple family dwelling or nonresidential building on the same footprint and with the same height with no other site changes requested. (5) Airport facilities. (b) Site plans for the following construction requires approval through a Type 2 review procedure as established in this UDC: (1) New multiple-family dwellings of three units or more; (2) New nonresidential structures; (3) Additions to multiple-family dwellings or nonresidential structures of greater than 50 percent of the building footprint; (4) New parking ramps or structures. (c) Approval criteria. No site plan review application shall be approved unless it meets the following criteria: 39 (1) It fully complies with all applicable requirements of this UDC; (2) It adequately protects residential uses from the potential adverse effects of a non-residential use; (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. (1) After a site plan has been approved through a Type 2 procedure, the applicant may request approval of adjustments or rearrangements of buildings in the course of carrying out the plan. If the amendment involves changes to 10 percent or less of the original floor area, not to exceed 500 square feet, the zoning administrator may approve the amendment after a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. If the amendment involves changes greater than 10 percent of the original floor area or exceeds 500 square feet, the amendment will be subject to a Type 2 review procedure. (2) The zoning administrator may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting, surface water management plans, or similar modifications subject to a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. (e) Effect of city council decision of site plans approved through a Type 2 procedure. (1) Site plan approval shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. (2) The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (i) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (ii) The anticipated completion date. 41 Subd. 5. Amendments to an approved conditional use permit. Approved conditional use permits may only be amended upon the classification and review of the proposed amendment as follows: (a) Minor amendments. Minor amendments shall include changes in the site design of the applicable property that do not affect neighborhood compatibility or the public health, safety or welfare, and that do not violate any of the provisions of this UDC or the conditions attached to the conditional use permit. The zoning administrator may review and make a decision on a minor amendment, and consult with other city staff members as part of a Type 1 review procedure. (b) Major amendments. Major amendments shall include all changes that are not classified as minor amendments above and shall be subject to a Type 2 review procedure. Subd. 6. Accessory uses to a conditional use. Uses and structures that are accessory to a conditional use shall be allowed as provided in the Crystal city code, subsection 515.21 of this UDC, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 7. Effect of city council decision. (a) A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. (b) If a site plan was approved as part of the conditional use permit, the permit shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (c) An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. (d) If required as a condition of approval of the site plan for the conditional use permit, the applicant shall sign a site improvement agreement with the city prior to the expiration date to secure the completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence. Upon completion of the work and acceptance by the city, the escrow deposit shall be released except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 46 Subd. 2. Effect of city council decision. (a) The approval of a rezoning to a PD overlay district shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (b) If the rezoning to a PD expires and the applicant has not received approval of an extension, the city council may rezone the property to the original zoning classification at the time of the PD application or to a zoning classification consistent with the comprehensive plan designation for the property. (c) A rezoning to a PD overlay district may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. 510.33. Variance. Subd. 1. Applicability. A variance is a modification or variation of the provisions of this UDC as applied to a specific piece of property. Pursuant to the procedures provided in Minnesota Statutes, section 462.357, use variances are prohibited. Subd. 2. Approval procedure. Variance applications shall be submitted, in writing, to the zoning administrator and are subject to a Type 2 review procedure. Subd. 3. Approval criteria. (a) Pursuant to Minnesota Statutes, section 462.357, subdivision 6, the board of adjustments and appeals may only grant approval of variances where practical difficulties exist as to strict compliance with this UDC and each of the following criteria are satisfied: (1) The variance is in harmony with the general purposes and intent of this UDC; (2) The variance is consistent with the Comprehensive Plan; (3) The property owner proposes to use the property in a reasonable manner not permitted by this UDC; (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (5) The variance, if granted, will not alter the essential character of the locality. (b) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (c) Variances shall be granted for earth shelter construction as defined in Minnesota Statutes, section 216C.06, subdivision 14, when in harmony with this UDC. 48 Section 515 Zoning Districts and Use Regulation 515.01. Official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The official zoning map shall be on file with the city clerk. 515.03. Establishment of zoning districts. (a) Established. The zoning classifications and zoning districts specified in Table 2 are hereby established within the city to carry out the purposes of this UDC. Table 2: Zoning Districts Abbreviation District Name BASE ZONING DISTRICTS R1 Low Density Residential District R2 Medium Density Residential District R3 High Density Residential District NC Neighborhood Commercial District C Commercial District TC Town Center Core District I Industrial District AP Airport District OVERLAY ZONING DISTRICTS FP Floodplain Overlay District SL Shoreland Overlay District PD Planned Development Overlay District (b) Relationship of overlay districts to base districts. (1) Where land is classified into an overlay zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing the underlying base district, unless otherwise noted. In the event of a conflict between the standards of the overlay district and the base district, the standards governing the overlay district shall control. (2) In some instances land may be classified into multiple overlay districts. In the event of a conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply. (c) Zoning district boundaries. (1) Zoning district boundary lines follow lot lines, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this UDC. 50 (a) Purpose. The purpose of the R-3 High density residential district is to provide for multiple family buildings and directly related, complimentary uses, together with limited commercial uses as provided herein. In accordance with the comprehensive plan, densities are to be no less than 16 and no more than 40 dwellings per gross acre. As part of the approval process for a particular development, the city council may set the maximum density at a specific figure within the range established by the comprehensive plan, depending on the character of the surrounding area and the potential for negative impacts on the community. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the R3 district. (c) Other development standards. In addition to the standards established for the R3 district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. ____. NC Neighborhood Commercial district. (a) Purpose. The purpose of the NC Neighborhood Commercial district is to provide for offices, low intensity retail or service businesses and compatible limited residential uses. Neighborhood commercial uses typically provide goods and services on a limited community or neighborhood scale and are located at the edge of a residential area on a site adequately served by collector or arterial streets. Neighborhood commercial uses have little to no impact on adjacent residential uses. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the Neighborhood Commercial district. (c) Other development standards. In addition to the standards established for the Neighborhood Commercial district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520.0 (d) Hours of operation. All principal uses shall not be open before 5:00 a.m. or after 10:00 p.m., with that for those uses listed as conditional uses in Table 3 of the Crystal city code section, 515.17, the city may, in its discretion, alter these required hours of operation during the approval of a conditional use permit if the applicant has demonstrated to the satisfaction of the city that different hours of operation are appropriate due to the unique circumstances of the use. (e) Shadow effects study. The applicant shall submit a shadow effects study to determine any negative shadow impacts to residential uses within 300 percent of the building height. If negative impacts are determined, the city may require design techniques to mitigate the impacts, such as reducing the height of the building, relocating or reorientating the building within the site, reducing building mass, or stepping-back a portion of the building. (f) Façade glazing. For non-residential uses, the ground floor shall allow views into and out of the building at eye level between four and seven feet above the adjacent grade. Signs, shelving, mechanical equipment, interior walls, or other similar elements shall not block views between these heights. 51 Subd. 4. C Commercial district. (a) Purpose. The purpose of the C-Commercial district is to provide for commercial and service activities which draw from and serve customers from the entire community. Motor vehicle- oriented uses shall be limited to certain designated corridors. Regulations shall protect those residential uses near commercial uses from negative impacts. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the Commercial district. (c) Other development standards. In addition to the standards established for the Commercial district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. (c)(d) For non-residential uses, the ground floor shall allow views into and out of the building at eye level between four and seven feet about the adjacent grade. Signs, shelving, mechanical equipment, interior walls, or other similar elements shall not block views between these heights. Subd. 5. Town Center Core District (a) Purpose. The purpose of the TC – Town Center Core district is to accommodate walkable, mixed-use development enhancing the public realm such as parks and streets. Shops mix with multiple-family dwellings and employment, buildings frame the street and face Becker Park, and local multi-modal streets balance the needs of all users. (b) Applicability. Existing nonconformities may continue or redevelop as allowed by the Crystal city code, subsection 515.29. Notwithstanding those regulations, it is the city’s desire that redevelopment of properties within the TC district adhere to the planned land use designations of the comprehensive plan and to the requirements of this subsection. The requirements of subsections (d) and (e) of this subdivision are only applicable to new buildings constructed after the effective date of this UDC. (c) Uses. Principal permitted uses are shown in Table 3 of the Crystal city code, subsection 515.17. Multiple principal uses within a single parcel or building are permitted in the TC district. (d) Densities. Residential densities are as shown in Table 7 of the Crystal city code, subsection 520.03. (e) Site development standards. In addition to the following standards established for the TC district, all development shall be subject to applicable standards as provided in Crystal city code, section 520. The TC district also includes specific standards for building placement, height, and facades in order to encourage development that enhances walkability and the pedestrian experience, frames the public realm, and seamlessly transitions to adjacent development. The city may, in its discretion, approve alternatives to these standards that meet these objectives. (1) Building placement. Principal buildings shall meet the building setback requirements found in Table 7. The purpose of these requirements is to create buildings that have the dominant lines of their facades parallel the line of the street and create a well-defined street edge. 53 (2) Building height. Maximum building height requirements are shown in Crystal city code, subsection 520.03. (i) The following are additional height requirements. (a) Story height. Stories above the ground floor are limited to 12 feet in height. Stories are measured from finished floor to finished ceiling. (b) Ground floor height. If the ground floor has a non-residential use, the ground floor height shall be no less than 12 feet in height, but not more than 20 feet. Ground floor height above 20 feet counts as an additional story. (c) Shadow effects study. If a proposed building is located within 75 feet of the property line of a residential use, the The applicant shall submit a shadow effects study to determine any negative shadow impacts to those residential uses within 300 percent of the building height. If negative impacts are determined, the city may require design techniques to mitigate the impacts, such as reducing the height of the building, relocating or reorienting the building within the site, reducing building mass, or stepping-back a portion of the building. (d) Proximity to Crystal Airport. Buildings shall comply with Crystal city code, subsection 520.01, subdivision 5(c) for construction near the Crystal Airport. (ii) Exceed height limitations. The city may, in its discretion, allow buildings to be constructed to a height of eight stories or 100 feet, whichever is less, upon consideration of the following factors. (a) Shadow effects. Shadow effects from the taller building will not have significant negative impacts on neighboring properties. A shadow effects study may be required by the city to document these impacts. (b) Building massing. The dimensions of the taller building are not disproportionately larger than neighboring buildings. (c) Views. The taller building will not have significant negative impacts to the views of Becker Park by neighboring properties. (3) Building facades. Building facades shall meet the following requirements. (i) Building articulation. Buildings exceeding 50 feet in width along a street shall incorporate articulation in street-facing facades to break down the scale of large buildings and create visual interest. Techniques to incorporate articulation include stepping back or extending forward a portion of the façade, using different textures or contrasting but compatible materials, dividing the building into storefronts with separate display windows and entrances, use of awnings, balconies, or similar ornamental features, or varying the roofline to reinforce the articulation of the primary façade (see Figure 8). 54 Figure 8: Illustration of techniques used to break down the scale of large buildings (ii) Facades facing Becker Park. For those buildings having facades facing Becker Park, the façade facing the park shall be of similar or compatible quality, design and materials as the primary building façade. (iii) Façade glazing. Façade glazing for buildings at the street frontages shall meet the following minimum requirements. (a) Minimum area requirements. Non-residential floors shall have a minimum glazing of 50 percent and residential floors shall have a minimum glazing of 30 percent. (b) Tinted and reflective glass are prohibited. (c) At least 30 percent of the façade glazing area shall remain free of signage or other opaque materials. (iv) Prohibited. Satellite dishes and heating, ventilation, and air conditioning equipment (HVAC), except for wall vents, are not permitted on the primary building façade. (v) Building entries. (a) Primary building entry. A functioning primary building entry shall be provided on the primary building façade. This entry shall be clearly defined by means of a canopy, portico, recess, or similar architectural elements (see Figure 9). Figure 9: Illustration of clearly defined building entries (b) Secondary building entry. A functioning secondary building entry shall be provided on the primary building façade for buildings exceeding 60 feet in width. 55 (4) New street or pedestrian locations. To create better connected streets when redevelopment occurs in the TC district, new streets or pedestrian connections shall be constructed in the locations shown in Figure 10. If the street is not a public street, a mutual access agreement will be required by the city to ensure public access in the same manner as a public street. The city will consider alternate street or pedestrian connection locations that achieve this intent. Figure 10: Hypothetical location of new street or pedestrian connections in the TC district. (f) Façade glazing. For non-residential uses, the ground floor shall allow views into and out of the building at eye level between four and seven feet above the adjacent grade. Signs, shelving, mechanical equipment, interior walls, or other similar elements shall not block views between these heights. Subd. 6. I Industrial District. (a) Purpose. The purpose of the I-Industrial district is to provide for industrial development such as warehousing and manufacturing, with office and retail allowed as limited accessory uses. (b) Site development standards. Such standards shall be those provided in the Crystal city code, subsection 520.03 for the site development standards that apply to the Industrial district. (c) Other development standards. In addition to the standards established for the Industrial district in this section, all development shall be subject to all other applicable standards as provided in the Crystal city code, section 520. Subd. 7. AP Airport district. 72 Subd. 2. Uses. Except for those uses in the TC-PD district which have separate requirements in this section, within the PD district all permitted, accessory and temporary uses of the underlying zoning district are allowed. As part of the flexibility allowed in the PD district, the city council may, but is not obligated to, allow uses with the PD site that are only allowed in other zoning districts. Uses allowed by conditional use permit must be reviewed for compliance with the PD site plan and with the applicable conditional use permit standards in this UDC. Subd. 3. Development standards. Except for the TC-PD district, which has separate requirements in subdivision 4 of this subsection, within the PD district all development shall be in compliance with the following: (a) Each PD must have a minimum area of two acres, excluding areas within a public right-of- way, designated wetland or floodplain overlay district, unless the applicant can demonstrate the existence of one or more of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PD will conserve a physical or topographic feature of importance to the neighborhood or community; (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PD and will be perceived as and will function as an extension of that previously approved development; or (3) The property is located in a transitional area between different land use categories or it is located on an arterial street as defined in the comprehensive plan. (b) If a particular PD would provide an extraordinary benefit to the community, or if a PD site has extraordinary characteristics that make development difficult, the city council may approve a density of up to ten percent more than the maximum identified in the comprehensive plan. (c) A PD site may have more than one principal building or multiple land uses in accordance with subdivision 2 of this subsection. (d) A residential PD or residential area of a mixed use PD must provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area must be developed and used for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. This requirement may be waived if the city council finds that adequate recreational opportunities are available sufficiently near the PD to make this requirement duplicative, or if the PD is too small for this requirement to be feasible. (e)(d) The development standards as provided in the Crystal city code, section 520 and the signage requirements as provided in the Crystal city code, section 530, apply to a PD as deemed appropriate by the city. Subd. 4. Development standards for the TC-PD district. Within the TC-PD district, all development shall be in compliance with the following: (a) Uses. (1) Permitted principal uses. All permitted principal uses allowed in the TC district in Table 3 are also allowed in the TC-PD district. The following additional principal uses are also allowed in the TC-PD district. Unless otherwise noted, all uses are allowed without 76 amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. (2) Use types. The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, one-family or two-family are some of the specific use types that fall under the “household living” use category. (b) Symbols in table. The symbols used in Table 3 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 3. Permitted uses are subject to all other applicable standards of this UDC; (2) Conditional uses (C). A “C” in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 3 and approval of a conditional use permit in accordance with the Crystal city code, subsection 510.19. Conditional uses are subject to all other applicable standards of this UDC. (3) Prohibited uses (--). A cell with a “--" indicates that the listed use type is prohibited in the respective zoning district. (4) Use-specific standards. The “use-specific standards” column of Table 3 cross-reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. (5) Unlisted uses. If an application is submitted for a use that is not listed in Table 3, the zoning administrator is authorized to classify the new or unlisted use, with consultation from appropriate city departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the zoning administrator shall refer the use to the planning commission, who may initiate an amendment to the text of this UDC to clarify where and how the use should be permitted. Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 NC C TC I AP Residential Use Category Bed and Breakfast Establishments C C C C - - - - 515.19, subdivision 2 (a) Dwellings, Multiple Family - P P _ - P - - 515.19, subdivision 2 (b) Dwelling, One-Family, Attached - P P _ - P - - 515.19, subdivision 2 (c) 77 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 NC C TC I AP Dwelling, One-Family, Detached P P - _ - - - - 515.19, subdivision 2 (d) Dwellings, Two-Family P P P _ - - - - Group Living Use Category Specialized Care Facilities (1-6 persons) [1] P P P - P_ - _ - 515.19, subdivision 3 (a) Specialized Care Facilities (7 or more persons) [1] - C C C P - - - 515.19, subdivision 3 (a) Commercial Use Category Airport Facilities - - - - - - - P 515.19, subdivision 4 (a) Animal Hospital/Veterinary Clinics [1] - - - P P P P - 515.19, subdivision 4 (b) Banks or Financial Institutions - - - P P P - - Banquet Halls or Event Centers - - - - C - C - Brewer Taprooms, Brewpubs or Microdistillery - - - P P P P - 1200 Clubs or Lodges - - - P P P P - Convenience Stores - - - P P P - - Day Care Facilities, Adult C C - C - C P _ P - 515.19, subdivision 4 (c) Day Care Facilities, Group Family P P P P - - - - Funeral Homes - - - - P - - - Greenhouses, Garden and Landscaping Sales and Service - - - - P - P - Hotel, Motel, Extended Stay Establishments - - - - P P P - 515.19, subdivision 4 (d) Kennels, Commercial [2] - - - - P - P - 515.19, subdivision 4 (e) Lower-potency hemp retailer business - - - - P P P - 515.19, subdivision 4 (f) 78 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 NC C TC I AP Offices, Professional - C C P P P P P 515.19, subdivision 4 (g) Off-Sale Liquor Store - - - - P P P - 1200 & 515.19, subdivision (h) Parking Ramps or Structures - - - - P P P P 515.19, subdivision 4 (i) Personal Services [3] - C C P P P P 515.19, subdivision 4 (j) Principal Cannabis Business - - - - - - C - 515.19, subdivision 4 (k) Restaurants or Eating Establishments [4] - C C P P P P - Retail Establishments [5] - C C P P P P - 515.19, subdivision 4 (l) Theater, Indoor - - - C P P - - Tobacco Shop - - _ P P P - 1105 & 515.19, subdivision 4 (m) Vehicle Repair - - - - C - P - 515.19, subdivision 4 (n) Vehicle, Boat or Recreational Sales or Rental - - - - P - P - 515.19, subdivision 4 (o) Vehicle Fuel Sales - - - - P - - - 515.19, subdivision 4 (p) Vehicle Wash or Detailing - - - - C - C - 515.19, subdivision 4 (q) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - - P - Bulk Storage of Liquids - - - - P - P P 515.19, subdivision 5 (a) Cannabis or hemp industrial business - - - - _ - C - 515.19, subdivision 5 (b) Industrial Uses (Indoors) - - - - - - P - Industrial Or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - - - - P - 515.19, subdivision 5 (c) Self Storage Facilities - - - - - - P - Warehouse - - - - - - P P 79 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 NC C TC I AP Vehicle Impound Lot - - - - - - C - 515.19, subdivision 5 (d) Public Facilities, Telecommunication and Utilities Use Category Essential Services P P P P P P P P Public utility buildings C C C C C - C P 515.19, subdivision 6 (a) Telecommunications Towers C C C C C - P P 515.19, subdivision 6 (b) Wireless support structures C P P P P - P P 515.19, subdivision 6 (c) Public, Institutional and Recreational Use Category Cemeteries C C C - - - - - Hospitals - C C C P - P - 515.19, subdivision 7 (a) Private Recreational Facilities, Indoor C C C C P - P - Private Recreational Facilities, Outdoor - - - - C - C - Public Parks and Playgrounds P P P P - P - - Public or Semi-Public Buildings C C C C C - C - 515.19, subdivision 7 (b) Religious Institutions C C C C C - C - 515.19, subdivision 7 (c) Schools, Elementary or Secondary C C C C C - C - 515.19, subdivision 7 (d) Schools, Nursery or Preschool C C C C C C C - 515.19, subdivision 7 (e) Schools, Trade or Business - C C C P - P - 515.19, subdivision 7 (f) Notes: 1. If a provision in Minnesota statute or rule expressly requires a city to allow a specialized care facility as a permitted or conditional use within a residential district, the use shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDC. 2. Outdoor facilities may be permitted with a conditional use permit 3. A plant may be allowed as part of a dry cleaning establishment with a conditional use permit 4. On-sale liquor, wine, or beer may be allowed to a greater extent than the permitted use with a conditional use permit. 80 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 NC C TC I AP 5. Outdoor repair may be permitted with a conditional use permit. 515.19. Use-specific standards for principal uses. Subd. 1. Purpose and applicability. (a) This subsection provides site planning, development and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 3. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Residential use category. (a) Bed and breakfast establishments. Bed and breakfast establishments are subject to the following standards: (1) The owner shall reside on the property; (2) The property abuts and the building faces an arterial or major collector street; (3) The establishment shall comply with the city’s liquor license regulations in the Crystal city code, chapter XII, as well as state health and building codes; (4) Signage is limited to one sign that indicates the name of and contact information for the bed and breakfast establishment but no other material. There may be one such sign not to exceed four square feet in area, not to exceed five feet in height if free standing, and not to be lighted unless the lighting will not negatively impact adjacent properties; and (5) No external vending machines shall be allowed. (b) Dwellings, multiple-family. Multiple-family dwellings are subject to the following standards: (1) Except for the TC and TC-PD districts which have separate requirements, buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. (2) When a primary entry door is not visible from the public street, signage shall be installed facing that street to provide direction to that unit(s). 83 (h) Off-sale liquor stores. Off-sale liquor stores are subject to the following standards: (1) Shall comply with the standards imposed on retail establishments under subdivision 4 (l) of this subsection. (2) Shall not be located in any buffer zoned identified in subdivision 4 (l) (5) of this subsection. (i) Parking ramps or structures. (1) For all zoning districts, parking ramps or structures are subject to the following standards: (i) Structure entrances shall minimize conflict with pedestrian movement; and (ii) The appearance of the structure entrances shall be minimized so that they do not dominate the street frontage of the building. Possible techniques to achieve this design include recessing the entry, extending portions building over the entry, using screening and landscaping to soften the appearance of the entry, using the smallest curb cut and driveway possible, and subordinating the parking entrance (compared to the pedestrian entrance) in terms of size, prominence, location and design emphasis. (2) Within the TC and TC-PD districts, parking ramps or structures are subject to the following additional standards: (i) For those parking ramps or structures located on a corner lot, the entry shall not be located on a primary building façade; (ii) On at least 50 percent of all building facades, with priority given to those facades abutting a public street, the ground floor of any parking structure shall have habitable or commercial space for a depth of 30 feet; (iii) Parking structure height shall not exceed the finished ceiling height of the top floor of the tallest principal building within 500 feet; and (iv) Upper floors of the structure shall be designed and detailed in a manner consistent with adjacent buildings. (i) Personal Services. Personal services are subject to the following standards: (1) Within the TC district, space for personal services is limited to 15,000 gross square feet per floor. Additional square footage may be allowed with a conditional use permit, not to exceed a building footprint of 20,000 square feet. (2) A plant may be allowed as part of a drv cleaning establishment with an approved conditional use permit. (k) Principal cannabis businesses. Principal cannabis business are subject to the following standards: (1) Shall comply with the standards imposed on retail establishments under Crystal city code, subsection 515.19, subdivision 4 (l). (2) Shall not be located in any buffer zone identified in subdivision 4 (l) (5) of this subsection. 85 (n) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North the Canadian Pacific (CP) railroad; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (o) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) Lakeland Avenue between Lombardy Lane and the north lot line of Lot 1, Block 1, Storm’s 1st Addition, said distance approximately 368 feet; (iii) West Broadway between Corvallis Avenue and 56th Avenue North the Canadian Pacific (CP) railroad; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; (2) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk vehicles; and (3) No vehicle or equipment shall exceed 32 feet in length. (p) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii)(i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii)(ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v)(iii) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; 86 (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (q) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii)(i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii)(ii) West Broadway between Corvallis Avenue and 56th Avenue North the Canadian Pacific (CP) railroad; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v)(iii) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. (3) A vehicle wash or detailing establishment shall comply with the use-specific standards for drive-through facilities in the Crystal city code, subsection 515.23, Subd. 2 (b). Subd. 5. Industrial, manufacturing, research and wholesale use category. (a) Bulk storage of liquids. If the storage is within 300 feet of properties used for residential purposes, such storage shall not exceed 25,000 gallons. (b) Cannabis or hemp industrial businesses. Cannabis or hemp industrial businesses are subject to the following standard: (1) Businesses shall submit an odor mitigation plan that outlines all odor emitting aspects of the business and mitigations to be implemented to ensure odor is not readily detectable beyond the boundaries of the immediate site upon establishment of the business and for the full duration of the business. (c) Industrial or commercial uses with outdoor storage of parts, products, or fuels. Industrial uses with outdoor storage of parts, products or fuels are subject to the following standards: (1) The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the relevant requirements as provided in the Crystal city code, subsection 520.15 for hard surface design; (2) The storage or parking area does not exceed 100% of the gross floor area of the principal building, 50% of the area of the property, or 10,000 square feet, whichever is less; 87 (3) The storage or parking area is prohibited in the front or corner side yard; (4) The storage or parking area is subject to the screening requirements of the Crystal city code, subsection 520.13; and (5) The applicant must obtain zoning certificate approval for the storage or parking area. (d) Vehicle impound lot. Vehicle impound lots are subject to the following standards: (1) The use does not include non-impound purposes, such as seasonal storage; (2) The impound lot is located on a property that abuts the right of way of an active freight railroad; (3) The impound lot is located on a property that does not abut the right-of-way of any collector or arterial street or any frontage road adjacent to a collector or arterial street; (4) The impound lot is located on a property that does not abut any property used for residential purposes; (5) The portion of the property occupied by the impound lot does not exceed one acre; and (6) Vehicles shall only be parked on a designated hard surfaced area that meets the requirements of the Crystal city code, subsection 520.15, subdivisions 10 and 11(c), (e), (f), (g) and (i) for design of the hard surface. Vehicles shall not be parked in landscaped areas, adjacent property, or the public right-of-way. Subd. 6. Public facilities, telecommunications and utilities use category. (a) Public utility buildings. Equipment and materials are completely enclosed in a permanent building with no outside storage, unless in compliance with the screening requirements of this UDC. (b) Telecommunications towers. (1) Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“the Act”) grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. By this subsection, the city intends to exercise the full scope of its authority under the Act and under state law regarding the regulation of towers and telecommunications facilities in the city. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. (2) Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: (i) To regulate the location of telecommunication towers and facilities; 94 (4) To the extent possible, have an antenna that is shrouded or camouflaged; (5) Constructed from earth-tone fiberglass; and (6) Served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines. Subd. 7. Public, institutional and recreational use category. (a) Hospitals. Hospitals are subject to the following standard: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (b) Public or semi-public buildings. Public and semi-public buildings are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the NC, C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (c) Religious institutions. Religious institutions are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the NC, C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (d) Schools, elementary or secondary. Elementary or secondary schools are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the NC, C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (e) Schools, nursery or preschool. Nursery schools, and preschools are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the NC, C, TC or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (f) Schools, trade or business. The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. 515.21. Permitted accessory uses and structures. 95 Subd. 1. Purpose. This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding lands. Subd. 2. General provisions. (a) Table 4 lists the accessory uses allowed within all zoning districts except for the overlay zoning districts. Except for the TC-PD district which has separate requirements, the uses permitted in the overlay districts shall be controlled by the underlying base zoning district. (b) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations, pergolas, and firewood cribs are exempt from the provisions of this subsection, but cannot be located in public rights-of-way. (c) Tents, play houses, or similar structures shall not be used as temporary or permanent dwelling units, but may be used for recreational purposes. (d) Any accessory structure used for the parking or storage of motor vehicles, such as a garage or carport, shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (e)(d) Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. (f)(e) Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 3. Explanation of table of permitted uses. (a) Symbols in table. The symbols used in Table 4 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type or structure is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 4. Permitted uses are subject to all other applicable standards of this UDC; (2) Conditional uses (C). A “C” in a cell indicates that a use type or structure is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 4 and approval of a conditional use permit in accordance with the Crystal city code, subsection 510.19. Conditional use permits are subject to all other applicable standards of this UDC; (3) Prohibited uses (-). A cell with a “-" indicates that the listed use type or structure is prohibited in the respective zoning district; (4) Use-specific standards. The “use-specific standards” column of Table 4 cross-reference standards that are specific to an individual use type or structure and are applicable to that use or structure in all districts unless otherwise stated in the use-specific standards; and (5) Unlisted uses. If an application is submitted for a use or structure that is not listed in Table 4, the zoning administrator is authorized to classify the new or unlisted use or structure, with consultation from appropriate city departments, into an existing use or structure type that most closely fits the new or unlisted use. If no similar use determination can be made, 96 the zoning administrator shall refer the use to the planning commission, who may initiate an amendment to the text of this UDC to clarify where and how the use should be permitted. Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 NC C TC IAP Accessory Uses Assembly or gathering space - - - P P P P - No 515.23, subdivision 2 (a) Day Care Facilities, In home P P P - - P - - No Drive-through facilities - - - - C - - - Not Applicable 515.23, subdivision 2 (b) Home Businesses P P P - - P - - No 515.23, subdivision 2 (c) Keeping of Chickens P P - - - - - - No 910 Kennels, Commercial P - - - - - - - No 515.23, subdivision 2 (d) Kennels, Multiple Animal P P P - - - - - No 515.23, subdivision 2 (e) Retail sale of cannabis products, off-sale liquor, or tobacco products - - - - P P P - No See Note [4] Accessory Structures Accessibility ramps P P P P P P P P No 515.23, subdivision 3 (a) Accessory dwelling units P P - C - - - - Yes 515.23, subdivision 3(b) Amateur radio towers P P P - - - - P No 515.23, subdivision 3(c) Balconies - P P P - P - - No 515.23, subdivision 3 (d) Carports P P - - - - - - No 515.23, subdivision 3(h) Clothesline poles P P - - - - - - No 515.23, subdivision 3(e) Commercial storage buildings - - - - C - P P See Note [1] 515.23, subdivision 3(f) Fences and walls P P P P P P [2] P P No 520.09 Flagpoles P P P P P P P P No Fuel pumps, private use - - - - P - P P No 515.23, subdivision 3 (g) Garages, attached or detached P P P P P - P P No 515.23, subdivision 3(h) Gazebos P P P - - - - - No 515.23, subdivision 3(i) Mechanical equipment P P P P P P P P 520.13 Micro dwelling units C C C C C - C - Not Applicable 515.23, subdivision 3 (j) Noncommercial greenhouses P P - - - - - - No 515.23, subdivision 3(k) Off-street parking and loading [3] P P P P P P P P Yes 520.15 Patios, decks, and porches P P P P P P - - No 515.23, subdivision 3 (l) Sheds P P P P P - P P No 515.23, subdivision 3(m) 97 515.23. Use-specific standards for accessory uses and structures. Subd. 1. Purpose and applicability. Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 NC C TC IAP Accessory Uses Sidewalks P P P P P P P P No 515.23, subdivision 3(n) Signs, Permanent P P P P P P P P Not Applicable 530 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 NC C TC I AP Solar energy systems P P P P P P P P No 515.23, subdivision 3(o) Swimming pools, hot tubs, and spas P P P P P P - - No 515.23, subdivision 3(p) Television and radio antennae P P P P P P P P No 515.23, subdivision 3(q) Tennis and other recreational courts P P P - - - - - No 515.23, subdivision 3(r) Treehouses P P - - - - - - No 515.23, subdivision 3(s) Waste container enclosures P P P P P P P P No 520.13, subd. 4 (a) Workshops P P - - - - - - No 515.23, subdivision 3(t) Notes: 1. A zoning certificate is only required for commercial storage buildings in the Industrial and Airport zoning districts. 2. Except for outdoor play areas for nursery or preschools, fences are not allowed in the TC district. 3. Parking lots are not allowed for one or two family dwellings. Loading spaces are not allowed in residential districts or the TC district. 4. The sale of cannabis products as an accessory use to a retail use is subject to the standards in subsection 515.23, subdivision 2 (f), the sale of liquor at off-sale as an accessory use is subject to standards in section 1200 and subsection 515.23, subdivision 2 (f), and the sale of tobacco products as an accessory use is subject to the standards in section 1105 and subsection 515.23, subdivision 2 (f). 100 (1) To reduce visibility, accessibility ramps shall, to the extent practicable, be located to the side or rear of the building; and (2) If an accessibility ramp is located in the front of the building, the ramp shall meet the following requirements: (i) The ramp shall not exceed four feet in width leading to an entrance landing and handrails not more than three feet in height and not more than 50 percent opaque; and (ii) The entrance landing shall not exceed 36 square feet in area. (b) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) The following requirements are for all forms of accessory dwelling units (within or attached to the principal dwelling or in an accessory building): (i) No more than one accessory dwelling unit shall be allowed on a property containing a one family detached dwelling, a one family attached dwelling, or a two-family dwelling.; In the NC district, more than one accessory dwelling unit may be allowed as part of a commercial use provided that floor area requirements are met; (ii) The creation of the accessory dwelling unit shall not create a separate property identification number with the county; Accessory dwelling units shall be included in the residential density calculation for the zoning district in which the unit is located; (iii) The floor area of an accessory dwelling unit shall not exceed: (a) 50 Fifty percent of the finished floor area of the one family attached or detached dwelling. (b) Fifty percent of the finished floor area of the largest unit on the property for a two-family dwelling. (c) The gross floor area of the permitted principal commercial use on that property in the NC district. Notwithstanding these limitations, an accessory dwelling unit located in the basement may occupy the entire basement; (iv) The accessory dwelling unit may be rented if it complies with the requirements of the Crystal city code, section 425;. (v) The accessory dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The accessory dwelling unit shall adhere to the curb cut and driveway requirements for one family dwellings in the Crystal city code, chapter VIII, and the driveway requirements in the Crystal city code, subsection 520.15. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) Detached accessory dwelling units are not allowed in the NC district. 101 (ii) For construction of a new detached building, the accessory dwelling unit shall be separated from the principal building by a minimum of ten five feet; (ii) The accessory dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; (iii) The accessory dwelling unit shall be located on a frost-protected foundation; and (iv) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building. (c) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually unobtrusive material. (d) Balconies. Balconies are subject to the following standards: (3) In the R-2 and R-3 districts, balconies are only allowed on multiple family dwellings.; and (4) In the TC and TC-PD districts, balconies, except those recessed or flush as illustrated in Figure 13, are not permitted on the primary building façade of multiple family dwellings. Figure 13: Illustration showing recessed or flush balconies (e) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (f) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; (4) Occupancy and use of the storage building is directly related to a permitted or conditionally approved principal use and the same party has full control and use of both the storage building and the principal use; 102 (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (g) Fuel pumps, private use. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment and does not allow them to be used by the general public. For the purposes of this UDC, private fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table 3. (h) Garages and carports, detached. Detached garages and carports are subject to the following standards: (1) Attached and detached garages are subject to the following standard: (i) Garages shall be accessed through a vehicular entrance door with an opening not less than seven feet wide and seven feet high. A garage shall be no less than eight feet wide and sixteen feet long, measured as the continuous clear space between the insides of the interior walls or wall framing if unfinished. (2) Attached and detached garages and carports are subject to the following standard: (i) Garages and carports shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (3) Detached garages and carports are subject to the following standards: (1) For one and two family dwellings, the cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; (2) For multiple family dwellings, detached garages shall be designed to meet the minimum number of required parking spaces and required setbacks. To the extent practicable, garages shall be located to the side or rear of the building; and (3) Garages and carports shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (i) Gazebos. Gazebos are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Gazebos shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (j) Micro unit dwellings. Micro unit dwellings are subject to the following standards: (1) Each unit shall not exceed a gross floor area of 400 square feet; 103 (2) Micro unit dwellings shall be included in the residential density calculation for the zoning district in which it is located; (3) Micro unit dwelling shall be constructed as to be compatible in composition, appearance, and durability with the exterior materials of the principal building of the religious institution; (4) The residents of each dwelling unit shall have access to water and electric utilities either by connecting the units to utilities serving the principal building of the religious institution or by providing residents access to permanent common kitchen facilities and common facilities for toilet, bathing, and laundry within the principal building. (5) An application for a conditional use permit shall contain a written plan approved by the religious institution’s governing board that outlines the information in Minnesota Statutes, section 327.30, subdivision 3 (b). (6) For any city-approved micro dwelling unit, the religious institution shall annually certify to the city that it has complied with the eligibility requirements for residents in Minnesota Statutes, section 327.30, subdivision 1. (j) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: (1) Shall be located in the rear yard; (2) Shall be limited to one per property; and (3) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and. (4) Noncommercial greenhouses shall not be constructed of the following materials: fabric, canvass, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (k) Patios, decks and porches. Within the TC district, porches and decks are not permitted. (l) Sheds. Sheds are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Sheds shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (m) Sidewalks. Sidewalks are subject to the following standards: (1) Sidewalks on private property for one and two family dwellings shall be no more than four feet in width; (2) Sidewalks open for use by the general public, such as for multiple family dwellings, institutional, or commercial uses, shall comply with the width requirements of the Americans with Disabilities Act and with the requirements in the Crystal city code, chapter VIII; and 107 Table 5: Permitted Temporary Uses and Structures Use Category and Use Type P = Permitted Use - = Not Permitted Base Zoning Districts R-1 R-2 R-3 NC C TC I AP Allowable Duration (per site) Permit Required Use-Specific Standards in Section: Construction Dumpster P P P P P P P P No more than three consecutive months in any 12-month period See city code section 605 515.27, subdivision 2; 605 Garage/Yard Sales P P P - - - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [1] P P P P P P P P 270 days per site per calendar year Zoning Certificate (Type 1 Review) [2] 515.27, subdivision 4 Outdoor sales [1] - - - P P P P - 270 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P P - P P 60 days per site per calendar year No 515.27, subdivision 6 Signs, Temporary P P P P P P P P See section 530 Sign Permit 530 Notes: 1. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments that exceed the temporary use duration time limits would require a conditional use permit. 2. A zoning certificate is not required for a mobile food unit. 515.27. Use-specific standards for temporary uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses that are permitted in Table 5. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Construction dumpsters. Construction dumpsters are subject to the following standards: 109 (2) The sales area does not exceed 40% of the gross floor area of the principal use excluding basement storage areas, 20% of the area of the property, or 6,000 square feet, whichever is less; (b) Vehicle fuel sales. The sales and display of merchandise is limited to the walkway adjacent to the building, but a minimum of five feet of the walkway shall be clear of merchandise to allow for safe pedestrian movement; (c) Tent or sidewalk sales on private property. Tent or sidewalk sales on private property are subject to the following standards: (1) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for safe pedestrian movement; (2) The property shall contain an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, or traffic movements. Tents shall not be located in the public right-of- way; (3) The applicant shall demonstrate that adequate off-street parking is provided for patrons. If applicable, consideration shall be given to the parking needs of other occupants on the same property; and (4) Hours of operation for the sale are limited to between 8 a.m. and 9 p.m. and merchandise shall only be displayed during that time; and (5) Tents shall be maintained in good repair. Any tent that is potentially dangerous or in disrepair shall be removed or repaired. (d) Seasonal agricultural sales. Seasonal agricultural sales are subject to the following standards: (1) Location. (i) The property contains an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, or traffic movements; (ii) The applicant shall demonstrate that adequate off-street parking is provided for the duration of the sale. If applicable, consideration shall be given to the parking needs of other occupants on the same property; and (iii)The sale of goods shall not occur within the public right-of-way. (2) Hours of operation. The hours of operation of the seasonal sale of agricultural products shall be between the hours of 7:30 a.m. and 9:00 p.m., or the same hours of operation as the principal use on the same lot, whichever is more restrictive. If the principal use is not open on Saturdays or Sundays, seasonal sale of agricultural products may occur between the hours of 9:00 a.m. and 9 p.m. Subd. 6. Portable storage containers. Portable storage containers are subject to the following standards: (a) If the container is located in the public right-of-way, the container shall comply with the requirements of the Crystal city code, chapter VIII; and 115 (9) The mean height between the eaves and highest point on gable, hip or gambrel roof. The location of average grade shall be determined by the zoning administrator and shall not be artificially raised to gain additional building height. Figure 15: Illustration of height measurement (c) FAA requirements. Height requirements shall meet the requirements of the Federal Aviation Administration (FAA). (1) Notice to the Federal Aviation Administration using FAA form 7460-1 is required prior to the following: (i) Any construction or alteration of more than 200 feet in height; and (ii) Any construction or alteration of greater height than the imaginary surface extending outward and upward at a slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Crystal Airport. Subd. 6. Permitted encroachments into setback and height requirements. Structures or structural features may extend beyond the wall of the structure and into a required setback and height requirement in compliance with Table 6. Table 6: Permitted Encroachments [1] R-1 R-2 R-3 NC Commercial TC Industrial AP Permitted Setback Encroachments [2] Accessibility ramps May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of-way May encroach into any setback, but cannot be located in the public right- of-way May encroach into any setback, but cannot be located in the public right- of-way May encroach into any setback, but cannot be located in the public right-of- way May encroach into any setback, but cannot be located in the public right-of- way May encro into setba but c be lo in th publi right way 116 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 NC Commercial TC Industrial AP Air conditioning or heating equipment 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property Not Applicable 2 feet in the side yard, but cannot be closer than 10 feet to the living quarters of a dwelling on adjacent property Not Appl Attached decks or open porches Front/rear:10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Front/rear:10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Front/rear: 10 feet for attached decks or open porches in the front or rear yard of one or two family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback Front/rear: 10 feet for attached decks or open porches in the front or rear yard of multiple family dwellings, provided that no more than 240 SF of the deck or porch encroaches into the 30 foot required setback. Not Applicable Not Applicable Not Applicable Not Appl Awnings Front: 3 feet Side: 2 feet Rear: 3feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Front/corner side: May be located up to the property line Front: 3 feet Side: 2 feet Rear: 3 feet Corner side: 2 feet Fron feet Side Rear Corn side: 117 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 NC Commercial TC Industrial AP Building projections or bumpouts, May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met May encroach 5 feet in the front setback and 10 feet in the rear setback if the conditions in Note 3, below, are met Not applicable Not Applicable Not Applicable Not Applicable Not Appl Chimneys May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback Not Applicable Not Applicable Not Appl Detached decks and patios 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10 feet for detached decks or patios in the front yard for one and two family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback 10 feet for detached decks or patios in the front yard for multiple family dwellings, provided that no more than 240 SF of the deck or patio encroaches into the 30 foot required setback Not Applicable Front/corner side: Patios may be located up to the property line Not Applicable Not Appl Eaves or overhangs May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback, but cannot be located in public right-of- way May encroach 2 feet into any setback May encro feet i any s Egress windows [4] May encroach 3 feet into any setback May encroach 3 feet into any setback May encroach 3 feet into any setback May encroach 3 feet into any setback Not Applicable Not Applicable Not Applicable Not Appl 118 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 NC Commercial TC Industrial AP Landings Landings cannot exceed 4 feet by 4 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Cannot encroach into public right-of- way Landings cannot exceed 6 feet by 6 feet, together with necessary steps to reach grade Land cann exce feet b feet, toget with nece steps reach Satellite dishes May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encroach 2 feet into any setback May encro feet i any s Treehouses 20 feet for treehouses in the front yard for one and two family dwellings 20 feet for treehouses in the front yard for one and two family dwellings Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Appl Permitted Height Encroachments Chimneys Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not to exceed 5 feet above the highest point of the roof Not Applicable Not Applicable Not Applicable Not Appl Spires or steeples for religious institutions As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review As determined by the City Council in CUP review Not Applicable As determined by the City Council in CUP review Not Appl 119 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 NC Commercial TC Industrial AP NOTES: [1] Encroachments are permitted as shown in the table, but in no instance shall encroachments be allowed in a platted or dedicate easement. [2] Unless otherwise described, the numerical dimensions listed in this table are the linear dimensions allowed for the setback encroachment. For example, in the R-1 district, awnings may be three feet closer to the front property line than the required setback for the dwelling. [3] Front setback: Building projections or bumpouts to the front of the principal building are allowed, subject to these conditions Each addition shall not exceed 24 feet in width, and the cumulative width of all additions shall not exceed 50% of the width principal building; 2) Each addition’s encroachment into the 30 foot required front setback shall not exceed 80 square feet, a cumulative encroachment of all additions shall not exceed 100 square feet. Rear setback: Building projections or bumpouts to the rear of the principal building are allowed, subject to these conditions: The encroachment occupies no more than 300 square feet of the area within the rear setback; 2) The width of the encroachm no more than 50%% of the lot width measured at the rear setback line; 3) The property owner removes any existing accessor buildings from the rear yard; 4) The property owner signs and has notarized a written statement to the city acknowledging th accessory buildings may be built or placed in the rear yard and this statement will be recorded against the property. [4] If an egress window is constructed as part of the foundation of the dwelling, the egress window shall meet the required setba for the dwelling. 520.03. Site development standards. Subd. 1. Purpose. The purpose of these site development standards is to further the purpose of this UDC and the goals and policies of the comprehensive plan. Furthermore these standards are intended to establish appropriate lot dimensions and setbacks within each zoning district and provide for appropriate scale of structures. Subd. 2. Site development standards. (a) Site development standards for principal buildings. Table 7 are the regulations for residential densities, setbacks, number of principal buildings, lot dimensions, building height, and green space for placing principal buildings in the city’s zoning districts. (b) Site development standards for accessory structures. Table 8 are the setback and height requirements for placing accessory structures in the city’s zoning districts. Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 NC Commercial TC Industrial Permitted Residential Density Permitted Residential Density No more than 6 units per acre (gross) 6 to 16 units per acre (gross) 16 to 40 units per acre (gross) 16 to 40 units per acre (gross) Not Applicable 25 to 80 units per acre (gross) Not Applicable Minimum Building Setbacks [1] Front 30 feet 30 feet 30 feet 10 feet 10 feet 1 foot minimum 10 foot maximum 10 feet 120 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 NC Commercial TC Industrial Side 5 feet 10 feet 15 feet 10 feet 10 feet 0 foot minimum 10 feet Rear 30 feet 30 feet 30 feet 10 feet 10 feet 5 foot minimum 10 feet Corner Side 10 feet [2] 30 feet 30 feet 10 feet 10 feet 2 foot minimum 12 foot maximum 10 feet Number of Principal Buildings Maximum number of principal buildings per property One One One One One Not Applicable One Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 10,0009,00 0 SF 10,000 SF 10,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 10,000 SF 20,000 SF 10,000 SF Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 10,000 SF 20,000 SF Not Applicable 20,000 SF Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 100 feet 120 feet Not Applicable 120 feet Minimum Lot Width 121 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 NC Commercial TC Industrial One-family Detached Dwelling 50 feet 50 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 80 75 feet 80 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 100 feet 100 feet Not Applicable 100 feet Maximum Building Height One-family Detached Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less 3 stories, or 40 feet, whichever is less Not Applicable 5 stories or 60 feet, whichever is less Not Applicable Non-Residential Uses [3] 2 stories or 32 feet, whichever is less 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less 3 stories, or 40 feet, whichever is less 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less 5 stories or 60 feet, whichever is less Minimum Green Space [4] One and Two-Family Detached Dwellings See note [5] below See note [5] below See note [5] below Not Applicable Not Applicable Not Applicable Not Applicable Other Uses 30% 25% 20% 15% 15% 10% 10% 122 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 NC Commercial TC Industrial NOTES: [1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table 3. [2] If the vehicle entrance for an attached garage faces a street or alley, the garage shall be at least 20 feet from the property line. [3] For the purposes of Table 7, specialized care facilities shall be defined as non-residential uses. [4] The minimum green space requirement is expressed as a percentage of the property that shall be free from any surfaces. [5] In residential zoning districts, the minimum green space requirement applies only to the rear yard of one and dwellings. The requirement is expressed as a percentage of the rear yard that is free of any impervious surfaces: 1. Rear yard of 5,001 SF or greater: 50% 2. Rear yard of between 4,501 and 5,000 SF: 45% 3. Rear yard of between 4,001 and 4,500 SF: 40% 4. Rear yard of between 3,501 and 4,000 SF: 35% 5. Rear yard of between 3,000 and 3,500 SF: 30% 6. Rear yard of less than 3,000 SF: 25%. Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Minimum Structure Setbacks Accessory dwelling units, detached Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Amateur radio towers See note [1], below See note [1], below See note [1], below Not Applicable Not Applicable Not Applicable Not Applicable 123 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Attached Decks and open porches Front: 30 feet Side: 3 feet Rear: 30 feet Corner side: 10 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 10 feet Side: 10 feet Rear: 15 feet Corner side: 10 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Clothesline Poles Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Commercial Storage Buildings Not Applicable Not Applicable Not Applicable Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Detached decks Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 10 feet Side: 10 feet Rear: 15 feet Corner side: 10 feet Front: 30 feet Side: 10 feet Rear: 10 feet Corner side: 15 feet Not Applicable Not Applicable 124 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Detached garages or carports Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] , [4] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3], [4] Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Not Applicable Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 10 feet [4] Flagpoles Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Cannot be closer than 5 feet to any property line Gazebos Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable 125 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Micro-unit dwellings 30 feet from a property line along a public street 10 feet from any other property line 30 feet from a property line along a public street 10 feet from any other property line 30 feet from a property line along a public street 10 feet from any other property line 30 feet from a property line along a public street 10 feet from any other property line 30 feet from a property line along a public street 10 feet from any other property line Not Applicable 30 feet from a property line along a public street 10 feet from any other property line Noncommercial greenhouses Front: 30 feet, but cannot be closer to the street than the principal building Not Applicable Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Not Applicable Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Patios Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 1 foot Rear: 1 foot Corner side: 10 feet Front: 30 feet Side: 5 feet Rear: 3 feet Corner side: 30 feet Front: 5 feet Side: 5 feet Rear: 15 feet Corner side: 5 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable 126 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Sheds Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 10 feet Corner side: 30 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Front: 30 feet, but cannot be closer to the street than the principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet Solar energy systems See note [5], below See note [5], below See note [5], below See note [5] below See note [5], below See note [5], below See note [5], below Swimming pools, hot tubs and spas Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Not Applicable Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 15 feet Front: Not allowed Side: 10 feet Rear: 10 feet Corner side: 20 feet Not Applicable Tennis or other recreational courts Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet Rear: 5 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable 127 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Treehouses Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: 30 feet Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Workshops Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Maximum Structure Height Accessory dwelling units, detached 22 feet 22 feet Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Amateur radio towers Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Not Applicable Not Applicable Tower not to exceed 75 feet Tower not to exceed 75 feet Commercial storage buildings Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable 20 feet 20 feet Detached accessory buildings [6] 15 feet 15 feet 15 feet Not Applicable 15 feet 15 feet Essential services (such as poles or towers) As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer Fences See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 Not Applicable See subsection 520.09 See subsection 520.09 Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 128 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 NC Commercial TC Industrial Satellite dishes Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Solar energy systems Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Building mounted: Shall not exceed the maximum allowed building height Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Television and Radio Antennae Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof NOTES: [1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However, necessa wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or interior side property li [2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed, accessory dwelling unit, o workshop may be erected within the front setback area provided it does not encroach into the required front, side or c side setback. [3] Garages, carports, accessory dwelling units, or workshops in the side or rear yard may be located as close as 3 feet to t property line provided that no part of the building, including eaves and foundation, is within the 3 foot area and does encroach into a platted or dedicated easement. [4] If the vehicle entrance for a detached garage or carport faces a street or alley, the garage or carport shall be at least 20 from the corner side or rear property line. [5] For building-mounted solar energy systems, the collector surface and mounting devices shall not extend beyond the re setbacks on which the building is mounted. For freestanding solar energy systems, the system may not extend into th following setbacks when oriented at minimum design tilt: Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet; Corner si feet. [6] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports, detached garages, gazebos, noncommercial greenhouses, sheds and workshops. Some of these structures may not be allowed in every zoning district. 129 520.05 Architectural design standards for principal buildings. Subd. 1. Intent. It is not the intent of the city to unduly restrict design freedom when reviewing project architecture in connection with a site plan for a principal building. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Subd. 2. Exterior design and materials. Except for warehouse and industrial buildings that are adequately screened from view, the following are not allowed for building exteriors: (a) Blank walls; (b) Unadorned prestressed concrete panels; (c) Concrete block; and (d) Unfinished metal and corrugated metal., except for airplane hangars at the Crystal Airport which may have a corrugated metal exterior. 520.07. Exterior lighting. Subd. 1. Standards. Exterior lighting is subject to the following standards: (a) Any exterior lighting that is used to illuminate an off-street parking area, sign or other structure shall be hooded or controlled in some manner so as to deflect light away from any adjoining residential property or from public streets; (b) Exterior lighting which casts light on a public street shall not exceed one foot candle at the property line abutting the street and lighting which casts light on residential property shall not exceed 0.4 foot candle at the property line abutting that residential property; and (c) Bare light bulbs shall not be permitted if they can be viewed from adjacent property or the public right-of-way. 520.09. Fences and retaining walls. Subd. 1. Fence requirements. (a) Height requirements. (1) Measurement of fence height. The height of a fence shall be measured as follows: (i) Fence height is measured from the average grade to the tallest part of the fence, including posts; (ii) In cases where the fence is located on sloped grade, the fence height shall be measured separately for each segment between posts; and (iii) In the case of grade being changed where the fence is to be located, such as when fill is added or berm is created, the maximum fence height shall be measured from the grade at the principal structure or the property line, whichever is closer to the proposed fence. 135 subject to erosion where solid sod, erosion reducing net, or suitable mulch shall be used. (iii) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (3) Trees. (i) Trees in public rights-of-way. The requirements for planting trees in the public right- of-way are found in the Crystal city code, chapter VIII. (ii) Tree roots. Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. (4) Earth berms. (i) Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall. (ii) Berms shall be constructed with proper and adequate plant material to prevent erosion. Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 20). Figure 20: Illustration of a permitted berm slope. (d) Maintenance of landscaped areas. (1) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times; and (2) The landscaping shall regularly be kept clean and free of debris, litter, and weeds. Subd. 5. Tree preservation and replacement requirements. (a) Tree inventory required. As part of a submittal application for site plan review, conditional use permit, or a subdivision, the applicant shall submit a tree inventory, unless the applicant can demonstrate that there are no existing trees with a DBH of 12 inches or more on the property. The inventory shall be taken and reported by a qualified arborist, nurseryman, horticulturist, or landscape architect who is licensed, certified, registered or otherwise qualified in the State of Minnesota and shall depict the following: (1) Lot lines of the parcel(s) involved; (2) The exact location, health, type, and size of all trees with a DBH of 12 inches or more; and (3) Recommendations of which trees, or stands of trees, should be retained and protected. (b) Tree protection removal requirements. To the maximum extent possible, the city desires to retain healthy larger trees as part of its urban forest. To achieve that objective, trees with a 136 DBH of 12 inches or more shall be retained, or replaced according to the requirements of subdivision 5(c) of this subsection, . with the following exceptions:The following trees may be removed without replacement: (1) Trees with a DBH of less than 12 inches. (1)(2) Trees that are dead or dying based on an analysis and report by a qualified arborist; (2)(3) Trees that are determined by the city engineer to be an immediate nuisance or threat to an existing or proposed structure, underground utility, or to the public health, safety, or welfare; (3)(4) Trees that are not on the city’s list of approved tree species as established in subdivision 4 of this subsection, or tree species that may be prohibited by the city; (4)(5) Trees located on publicly owned land, within public rights-of-way, or within easements; and (5)(6) Trees that are an obstacle to access to the lot or an obstacle to locating the proposed principal building or use and no viable alternative exists for relocating such access, building or use. (c) Tree replacement requirements. (1) If a tree with a DBH of 12 inches or more is eligible for removal removed according to the requirements of this subsection, replacement trees shall be provided in accordance with Table 10. A tree will be considered removed if 30 percent or more of the trunk diameter is injured. Table 10: Replacement Tree Requirements Caliper of Original Tree Replacement Trees Required 12 to 17 inches DBH One replacement tree for each protected tree removed 18 to 23 inches DBH Three replacement trees for each protected tree removed 24 to 35inches DBH Six replacement tree for each protected tree removed 36 to 47 inches DBH Ten replacement trees for each protected tree removed 48+ inches DBH Twelve replacement trees for each protected tree removed (2) Each replacement tree shall have a minimum DBH of at least two inches. (d) Tree protection requirements. The following are the requirements for those trees that are to be preserved on the site during construction. (1) Paving or soil compaction prohibited. The area within the critical root zone (as defined as five feet beyond the drip line) of any protected tree shall not be subject to paving or soil compaction. (2) Owner’s responsibility. During site development, the property owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction. (3) Tree protection fencing. 140 Subd. 3. Types of screening. Unless otherwise stated, screening may consist of vegetation, fences, walls, berms, or other visual barriers. Subd. 4. Items to be screened. The following areas shall be screened in accordance with this subsection: (a) Waste containers. Except for one and two family dwellings, outdoor waste enclosures for dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, masonry walls, or other material compatible with the principal building with a minimum height of six feet. One side of the storage area shall be furnished with swinging doors. Whenever feasible, the enclosure shall be located away from residential areas and at least five feet from any side or rear yard property line; (b) Ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall be screened from view of adjacent properties or public rights-of-way. This screening shall meet the following requirements: (1) Location and height requirements (i) Unless required by a private utility company, Groundground-mounted equipment shall not be located between the building and the public right-of-way. (ii) Screening shall be as high as the highest point of the equipment being screened. If a screen greater than 8 feet tall is required, the zoning administrator may require that the equipment be located in the principal building or the most visually inconspicuous area of the property that does not cause unnecessary negative impacts to residential properties. (2) Exceptions. The following ground-mounted mechanical equipment shall be exempt from the screening requirements of this subsection: (i) Minor equipment not exceeding 18 inches in height. (ii) Mechanical equipment accessory to a one or two-family dwelling. (c) Roof-mounted mechanical equipment. Except for roof-mounted mechanical equipment for a one or two family dwelling, roof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way, accomplished through the two methods in (1) and (2), below. As an alterative to these methods, the city may, at its discretion, allow rooftop equipment to be screened by painting it to match or approximate the color of the background against which the equipment is viewed. Solar energy systems are exempt from screening requirements if screening would interfere with system operations. (1) Use of building walls, parapets, and/or roof systems (See Figure 24) 145 recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). (3) The zoning administrator’s decision regarding parking requirements for a specific use is appealable to the board of appeals and adjustments as provided in the Crystal city code, subsection 510.35. Subd. 5. Tandem parking. The use of tandem parking (when one space is located directly behind another) is allowed; however, the parking spaces that will be blocked, or potentially blocked by other vehicles shall not count toward the requirements of this subsection. One and two-family dwelling units shall be exempt from this requirement. Subd. 6. Off-street parking space requirements. (a) Table 11 defines the number of parking spaces required for each use within the city. (b) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. (c) Within the TC district, no off-street parking spaces are required for non-residential development. Residential development shall provide a minimum of one space per unit, plus one space per ten units for visitor parking. Table 11: Parking Spaces by Use Use Type Minimum Maximum Residential Use Category Accessory dwelling units 1 space per unit in addition to the number of spaces required for the principal building on the property Not Applicable Bed and breakfast establishments 2 spaces for the owner/occupant of the dwelling, at least one of which must be enclosed in a garage, plus 1 space per guest sleeping room Not Applicable Dwellings, one and two family 2 spaces per dwelling unit, one of which must be enclosed in a garage Not applicable Dwellings, multiple-family 2 spaces per dwelling unit, one of which must be enclosed in a garage [1] Not applicable Specialized care facilities 4 spaces, plus 1 space per 5 beds Not applicable Commercial Use Category Banquet halls or event centers See Public, Institutional, or Recreational Use Category Bowling alleys 4 spaces, plus 4 spaces for each lane Not applicable Funeral Homes 4 spaces, plus no less than 1 space per 3 seats in the main assembly 4 spaces, plus no more than 1 space per 2 seats in the main 146 Table 11: Parking Spaces by Use Use Type Minimum Maximum hall, plus no less than 1 space per 300 square feet of gross floor area not used for seating. [3] assembly hall, plus no less than 1 space per 200 square feet of gross floor area not used for seating. [3] Health and fitness club 4 spaces, plus no less than 300 square feet of gross floor area, not including court, gym or pool area, plus 4 spaces per basketball court, plus 2 spaces per tennis or racquetball court, plus 1 space per 50 square feet of deck area for a swimming pool Not applicable Hotel, Motel, Extended Stay Establishments 1 space per room or suite, plus 1 space per employee on the major shift. [2] Not applicable Office 4 spaces, plus no less than 1 space per 500 square feet of gross floor area 4 spaces, plus no more than 1 space per 250 square feet of gross floor area Restaurants and bars 4 spaces, plus no less than 1 space per 100 250 square feet of gross floor area 4 spaces, plus no more than 1 space per 50 square feet of gross floor area Retail Establishments and Personal Service 4 spaces, plus no less than 1 space per 500 square feet of gross floor area [4] 4 spaces, plus no more than 1 space per 250 square feet of gross floor area [4] Theaters or Auditoriums 4 spaces, plus no less than 1 space per 4 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Vehicle Repair 4 spaces, plus no less than 1 space per 500 square of gross floor area, excluding service bays. Service bays cannot be counted as parking spaces. Not applicable Vehicle, Boat, or Recreational Sales or Rental 4 spaces, plus 1 space per employee on the major shift. Such spaces are in addition to the vehicles parked for display Not applicable Vehicle Fuel Sales 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no less than 1 space per 300 square feet of building area used for the sale of goods or services 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no more than 1 space per 150 square feet of building area used for the sale of goods or services 152 (2) An auxiliary space cannot exceed 12 feet in width and 24 feet in length, and must be at least ten feet from the habitable portion of a residential structure on an adjacent property; and (3) For access to the auxiliary space, a hard surfaced taper also is permitted, provided it does not extend into the boulevard and has an angle of at least 22-1/2 degrees and no more than 45 degrees. If the property has setback or topographic constraints that prevent reasonable access to a lawful auxiliary space, then the city engineer may allow the taper to extend into the boulevard but only to the minimum extent necessary to provide reasonable access. Subd. 10. Setbacks. Except for off-street parking lots within the TC and TC-PD districts, which have separate requirements in paragraph (d) of this subdivision, all parking lots are subject to the setback requirements in paragraphs (a) through (c) of this subdivision. (a) The face of the curb shall not be within five feet of any property line and the back of the curb shall not be within four feet of any property line. (b) If a parking lot for a commercial, institutional, or multiple family dwelling use is adjacent to a property used for one or two-family residential dwellings, the face of the curb for the parking lot shall not be within ten feet of the shared property line and the back of the curb shall not be within nine feet of the shared property line. This setback may be reduced to five feet to the property line and four feet to the back of the curb if a permanent opaque screen fence or wall of at least 6.5 feet in height is installed to screen the parking lot from the residential dwellings. The screen fence may exceed typical height limitations as allowed in the Crystal city code, subsection 520.09, subd. 1 (a) (3) (iii). (c) All setbacks near intersections of public streets shall be determined by the city engineer. (d) Within the TC and TC-PD districts, if a parking lot is constructed it shall be subject to the following setback and locational requirements: (1) Location. Off-street parking lots are prohibited in front of the building, but may be located to the rear or side of buildings (see Figure 28); Figure 28: Allowable locations for off-street parking lots in the TC and TC-PD districts (2) Corner side property line. The face of the curb shall not be within 12 feet of the property line and the back of the curb shall not be within 11 feet of the property line; 155 (4) Use of compact vehicle spaces. This paragraph provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. Such spaces shall comply with the following: (i) A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces; (ii) Compact spaces shall be clearly labeled for “compact cars” and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space; (iii) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (iv) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 12. (5) Low turnover parking. This paragraph allows for the establishment of narrower parking spaces in locations where the typical user parks for more than two hours. Such spaces shall comply with the following: (i) The zoning administrator shall determine whether the proposed low turnover spaces are consistent with the stated purpose of this subsection; (ii) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (iii) The minimum off-street parking dimensions for low turnover parking spaces shall be as identified in Table 12. (c) Surfacing. (1) Within all zoning districts, parking lots and driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. If a driveway or parking lot is constructed of paving units, they are subject to the following standards: (i) Pavers shall be made of brick, concrete, stone or similar material and shall have a minimum thickness of 2 3/8 inches for one and two-family residential dwellings and 3 1/8 inches for multiple-family dwellings and nonresidential buildings. (ii) After initial excavation and compaction of the exposed earth, the driveway or parking lot shall be backfilled with six inches of class 5 granular base and a bedding of sand of no more than 1 ½ inches. (iii) Paving units shall be spaced at no more than ¼ inches apart. (iv) After the pavers are in place, dry sand shall be scattered over the area and swept into the cracks between the paving units as necessary until all voids are filled. 165 Section 525 Subdivision of land 525.01. Basic subdivision requirements. The city hereby adopts subdivision regulations, the authority of which is provided for in Minnesota Statutes, section 462.358. The city finds that regulation of the subdivision of real property in the city is necessary for the following purposes: (a) To insure the orderly, economic, and safe development of land in the city; (b) To insure the adequate and timely provision of urban services and facilities; and (c) To protect and promote the public health, safety, and welfare. Subd. 1. Subdivision approval. (a) Required. Subdivision approval, in compliance with the provisions of this section, shall occur as follows: (1) Lot consolidations as provided in the Crystal city code, subsection 510.23; (2) Subdivisions as provided in the Crystal city code, subsection 510.25; and (3) Those properties for which Minnesota condominium law, Minnesota Statutes, chapter 515 applies. Development or division of ownership under Minnesota condominium law, Minnesota Statutes chapter 515, but only if it includes a land division into two or more lots. (b) Exemption. Subdivision approval is not required for adjacent parcel land conveyances as provided in the Crystal city code, subsection 510.21. (c) Restrictions. (1) No lot, parcel, or tract created after the effective date of this UDC shall be issued a building permit unless the lot, parcel, or tract has been created in compliance with this UDC. (2) No building permits shall be issued for a habitable structure proposed to be located on an outlot. (3) Land will not be subdivided if the city council determines that the land is unsuitable for development because of flood hazard unless corrective measures consistent with those found in the Crystal city code, subsection 515.09 can be feasibly accomplished. (4) A proposed subdivision of land will not be considered by the city unless past due special assessments thereon have been paid in full or arrangements for their payment satisfactory to the city have been made. 525.03. Development agreement required. Subd. 1. Purpose. It is the purpose of this subsection to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the city, setting forth the conditions under which the subdivision has been approved. Subd. 2. Required improvements. 172 Subd. 5. Street names. If applicable, street names shall be a continuation of the names of previously constructed streets. The city shall have final authority to designate street names in order to avoid confusion to the traveling public. Subd. ____. Grading. Property grading shall meet the requirements of the Crystal city code section 415. Subd. 6. Easements. Easements shall be dedicated on the plat instrument for the required use. Subd. 7. Debris and waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the development agreement or dedication of public improvements, whichever occurs sooner. Subd. 8. Open space and natural features. (a) Natural features (including significant trees, creeks, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible. (b) Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties. Subd. 9. Lot and block design. (i) Lot dimensions. (1) All lot dimensions shall comply with the standards of the applicable zoning district in this UDC. Depth and width of properties reserved or laid out for residential or commercial purposes shall be adequate to provide for the off-street parking and loading facilities that may be required for the type of use contemplated, as established in this UDC. (2) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained, as common area within the development. (ii) Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this UDC. In addition, all lots shall abut and have direct access to an improved public street. (iii) Street frontage required. Each proposed parcel shall have frontage on a public street. The frontage width shall be the lot width required by the applicable zoning district. (iv) Side lot lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. (v) Corner lots. Corner lots shall be of sufficient width and depth to comply with the required minimum building setback from both streets, as established in this UDC. 180 Subd. 3. Prohibited signs. The following signs are prohibited: (a) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal; (b) All off-premise signs; (c) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures; (d) Signs placed in the public right-of-way, other than the following: (i) Governmental signs; (ii) Courtesy bench signs allowed with an obstruction permit as regulated by the Crystal city code, chapter VIII; (iii) Signs placed in public right-of-way that are maintained by the owner or occupant of residential property abutting said right-of-way. Each sign is limited to 30 inches in height and six square feet in area, and the cumulative area of all signs is limited to 0.5 square feet of sign area per lineal foot of frontage on the right-of-way; and (iv) Sandwich board signs are permitted in the public right-of-way but shall not interfere with public use of the sidewalk or right-of-way. The city’s public works director has authority to determine if a sign is interfering. (e) A sign, including unshielded display lighting, that obstructs or distracts the vision of drivers or pedestrians, or detracts from the visibility of any official traffic control device; (f) A sign that contains, imitates, interferes with, obscures or causes confusion with an official traffic sign or signal, except for private, on premise directional signs; (g) Abandoned signs; (h) Roof signs; and (i) Vehicle signs. Subd. 4. Substitution clause. The owner of any sign which is otherwise allowed by these sign regulations may substitute noncommercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 530.05. Sign design standards. Subd. 1. Computations. The following principles shall control the computation of sign area and sign height: 182 Subd. 3. Height. The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached; except that the height of any changeable sign which is attached to or an integral part of a functional structure, such as a water tower, smoke stack, radio or TV transmitting tower, beacon or similar structure shall be no higher than such structure. Signs, including any superstructure standing or erected free of any building or other structure, shall not exceed an overall height of 25 feetfor a specific sign type from ground level and shall be located on land in an area which is landscaped or if such land is part of an approved parking area, it shall be surfaced or paved as required in this UDC. Subd. 4. Illumination. External illumination for signs shall be so constructed and maintained that the source of light meets the requirements of the Crystal city code, subsection 520.07. Subd. 5. Intersections. A sign or sign structure shall comply with the visibility requirements in the Crystal city code, chapter VIII. 530.07. Maintenance and repair. Subd. 1. Maintenance. Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. Subd. 2. Repairs. (a) Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this subsection, shall be removed or otherwise properly secured in accordance with the terms of this subsection by the owners thereof or by the owners of the grounds on which said sign shall stand, upon written notice by the city. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this subsection and upon a permit issued by the city. (b) In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to remove or repair said sign within 60 days after the use is terminated, a written notice shall be given and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands. 530.09. Allowed sign types. (a) Table 14 lists the sign types allowed within each zoning district. The symbols and headings used in the table are defined as follows: (1) A “P” in a cell indicates a sign type that is allowed in the zoning district with an approved sign permit application; (2) An “A” in a cell indicates a sign type that is allowed in the zoning district, but is exempt from obtaining a sign permit; (3) A cell with a “-“ indicates a sign type that is not allowed in the zoning district; and (4) The “sign specific standards” column cross-references standards that are specific to an individual sign type and are applicable to that sign in all districts unless otherwise stated in the sign specific standards. 183 Table: 14: Signs allowed by zoning district Sign Type Zoning District Sign Specific Standards R-1 R-2 R-3 NC C TC I AP Canopy, Marquee, and Fixed Awnings P P P P P P P P 530.11, subdivision 1 Electronically controlled readerboard P P P P P - P P 530.11, subdivision 2 Electric P P P P P P P P Freestanding - - - - P - P P 530.11, subdivision 3 Governmental A A A A A A A A Monument P P P P P P P P 530.11, subdivision 4 Multiple Tenant - - - P P P P - 530.11, subdivision 6 Off-Premise - - - - - - - - Projecting - - - P P P P P 530.11, subdivision 5 Roof - - - - - - - - Rotating - - - - - - - - Sandwich board - - - P P P - - 530.11, subdivision 7 Shimmering - - - - P - P P Temporary P P P P P P P P 530.11, subdivision 8 Small A A A P A A A A Wall P P P P P P P P 530.11, subdivision 9 530.11. Sign specific standards. The following requirements for specific sign types apply in addition to those requirements found in Table 14. Subd. 1. Canopies, marquees and fixed awnings. Signs are allowed on canopies, marquees and fixed awnings, which are an integral part of the structure to which they are attached. Within the residential districts, these signs are only allowed for multiple family dwellings, or institutional or commercial uses, but are allowed for all building types in the commercial and industrial districts. Canopy, marquee, and fixed awning signs are subject to the following standards: 184 (a) An awning, canopy or marquee may not project into the public right-of-way nearer than 30 inches to the street curb or curb line; (b) The bottom of awning signs shall be no less than eight feet above the sidewalk or grade at any point; (c) Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; (d) Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all responsibility; and (e) Canopies and marquees are a part of the building structure but the area of canopies and marquees may not be used in the computation of total wall area. Subd. 2. Electronically or electrically controlled readerboards. Electronically or electrically controlled readerboards are permitted provided that the sign: (a) Displays a given copy or graphic image for a minimum of three seconds within the readerboard frame if having lamps of a single color, or for a minimum of sixty seconds if having lamps of more than one color; (b) Is included in an otherwise permitted and conforming wall, free-standing or monument sign, and the area of the readerboard may not exceed 50% of the total area of the sign face in which it is integrated, or 50 square feet, whichever is less, and only one readerboard per premise is allowed; (c) Displays a static message with no fade, dissolve, scrolling, blinking, flashing, spinning or zooming action; and (d) Does not cast light on any public street in excess of one foot candle at the lot line along said street, or in excess of 0.4 foot candle at the lot line of any residential property. (e) In the NC district, copy or graphic images for an electronic readerboard shall not be displayed between the hours of 9:00 p.m. and 7:00 a.m. Subd. 3. Freestanding or pylon signs. Freestanding or pylon signs are subject to the following standards: (a) Freestanding or pylon signs shall meet the requirements in Table 15; and (b) An electronically controlled reader board is allowed as part of a freestanding or pylon sign. 185 Table: 15: Freestanding or Pylon Signs Sign Type Number Allowed Maximum Height Area Minimum Street Frontage Setback From Lot Line Setback From Right-of- Way Freestanding or pylon sign 1 [1] 25 feet 1 square foot of sign per linear foot of frontage [2] 50 feet 10 feet, and 50 feet from residential district use, park, school, library, church or similar land use [3] 10 feet Notes: 1. A property abutting more than one street may have one additional freestanding sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other freestanding sign on the property. 2. The area of a sign may not exceed the following square footages based on the street the sign abuts: 1. Principal arterial - 200 square feet 2. Minor arterial or major collector – 150 square feet 3. Minor collector – 100 square feet 4. Local – 50 square feet 3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement. Subd. 4. Monument signs. Monument signs are subject to the following standards: (a) In the residential districts, monuments signs are only allowed for multiple family dwellings or institutional or commercial uses; (b) Monument signs shall meet the requirements in Table 16; and (c) Except in the TC district, an electronically controlled reader board is allowed as part of a monument sign. Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Monument 1 [1] 6 feet in R-1, R-2, R-3, NC and TC; 25 feet in C, I and AP Maximum 75 square feet in R-1, R-2, R-3 and TC; same area requirements as 10 feet 10 feet 187 (b) Freestanding signs. Where allowed, one freestanding sign shall be permitted for each multiple- tenant building. (c) Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area. Subd. 7. Sandwich board signs. Sandwich board signs are subject to the following standards: (a) Signs shall not exceed six square feet in size; (b) One sign is allowed per property. Within the TC district, one sign is allowed per business; and (c) Signs shall only be displayed during business operating hours. Subd. 8. Temporary signs. Except for those signs specifically exempt in the Crystal city code subsection 530.03, subdivision 2, the The temporary use of banners, pennants, balloon signs, portable signs and similar devices requires a permit. The permit is valid for seven consecutive days. Not more than six permits for each property, or if applicable each tenant in a multiple tenant building, may be granted in a 12- month period. The permit must be prominently displayed at the principal use in the same manner required for building permits. Temporary signs shall not exceed 50 square feet in area and eight feet in height abd shall conform to the same relevant location and dimension requirements in the Crystal city code section 530.03, subdivision 3as permanent signs. (a) Non-commercial speech signs. Notwithstanding any other provisions of these sign requirements, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. Subd. 9. Wall signs. (a) Wall signs in residential districts. In the residential districts, wall signs are allowed for multiple family dwellings, or institutional or commercial uses, subject to the following standards: (1) Wall signs are only permitted on walls fronting on a public street or facing other property used for institutional, commercial or industrial purposes. (2) No more than one sign is permitted on each wall. (3) No wall sign shall exceed 10% of the wall area or 75 square feet in area, whichever is less. (4) Wall signs for home business are allowed according to the requirements in the Crystal city code, subsection 515.23. (b) Wall signs in commercial and industrial districts. In the commercial and industrial districts, wall signs are subject to the following standards: (1) Wall signs shall meet the requirements in Table 18; 188 Table: 18: Wall Signs Sign Type Number Allowed Area Wall Maximum of 2 wall or projecting signs per wall Up to 10% of the wall area to which it is affixed when combined with projecting signs (2) Buildings exceeding 80,000 square feet in size on lots of over 20,000 square feet are permitted to have wall/projecting signage of up to 250 square feet; and (3) A wall sign may be displayed on the side or rear of a building facing a yard not abutting on a street under the following conditions: (i) The sign is visible from a public roadway on which the building abuts; (ii) The side or rear yard on the side of the building to be signed must meet district setback requirements; (iii) The sign(s) may not be larger in area than the largest sign permitted elsewhere on the building; and (iv) If the side or rear yard on the side of the building to be signed abuts a park property or a residential use, any lighting of sign must be shielded in accordance with the Crystal city code, subsection 520.07. Subd. 10. Signs containing non-commercial speech. (a) Substitution clause. The owner of any sign which is otherwise allowed by these sign regulations may substitute non-commercial copy in lieu of any commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. (b) Notwithstanding any other provisions of these sign requirements, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. 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'----'--,--� ,Q D I-�D -, , L , n ��f---"LL..J ! I-� -,-I I I L �L '-• 1--L-INNET ra_: [_ [[ � I I 1-1- - 1-_J t=_ L 1--t=_ 1---1--l--ITTTT-,--,rr-,__j lllllllllllll!lll� ll==J ,1111 Ill� II I I IJll==JIIIIOTTn::::-0 u.:"vv,E � h--M� -2____J 1-11-. �:c·1=c rn�m; � ,�-� ' fil BAOSETT CR EK __J _,. L.L..--<'. ,) d, I-- \ / .,#:. \r1--LLI . -\" ; "" ,ffi MAC NATURE AREA ; � t-+� � Proposed Neighborhood Commercial District (properties in pink) LEGEND D Rl PARCELS ALREADY ELIGIBLE FOR A DUPLEX -Rl PARCELS THAT WOULD BECOME NEWLY ELIGIBLE FOR A DUPLEX \_ /� I ;--J / •, � I )\._.,-_...--/� ",./\__-!/ ,- ' ( " ! ! '... I I � J - // // I If--------,' I /// // --- � J-( -- - ' • T f-rr ' I ' � I I - - -I I I ' ,-,--- �- -- f-H I -I I I I -II I I I ' I � ,---I � ��. §§ �i� �� I � -�I Itta __ �- I I d' -- - [I]]]]]] - I I J__I_ -I � �- I I I H -IL - --I I,-, ,_ '-----' - - - I I -� - 0 - -� ' I ,\ � - - _I -, � I§,§ Properties Eligible for Two-Family Dwellings Parking Comparison Table Land Use Crystal* Fridley** New Brighton New Hope Richfield *** West St. Paul Brooklyn Center Bloomington Roseville*** Retail Minimum 1 space per 500 SF 1 space per 300 SF 3 per 1,000 SF of gross floor area 1 space per 200 SF 5 spaces per 1,000 SF Range of 1 space per 200-300 SF based on total floor area None 1 space per 180 SF 1 space per 325 SF Maximum 1 space per 250 SF None 10% over the minimum None See note None If less than 10,000 SF, 3 spaces per 1,000 SF; If over 10,000, 4 spaces for 1,000 SF. None See note Office Minimum 1 space per 500 SF 1 space per 300 SF 3.5 per 1,000 SF of gross floor area 1 space per 300 SF Range of 1 space per 275-350 SF based on total floor area 1 space per 200 SF if have less than 6,000 SF; 1 space per 250 SF if have less than 6,000 SF None 1 space per 285 SF Range of 1 space per 250-325 SF based on total floor area Maximum 1 space per 250 SF None 10% over the minimum None See note None 3 spaces for each 1,000 SF None See note Personal Services Minimum 1 space per 500 SF 1 space per 300 SF 5 per 1,000 SF of gross floor area 1 space per 300 SF 1 space per 250 SF Range of 1 space per 200-300 SF based on total floor area None 1 space per 240 SF 1 space per 300 SF Maximum 1 space per 250 SF None 10% over the minimum None See note 1 space per 200 SF None See note Multiple Family Minimum 2 spaces per unit 1.5 spaces for a 1 bedroom, plus 0.5 spaces for each additional bedroom per unit 1.85 spaces per unit 1.25 spaces per unit Same as Crystal 1.5 spaces per unit for under 3- bedrooms, two spaces for 3+ bedrooms. None 1.6 spaces per unit for under 2- bedrooms, two spaces for 2+ bedrooms. 1 space per bedroom, plus .25 spaces for each unit for visitor parking Maximum None None None None See note None 2 spaces per unit None See note Restaurants (sit- down) Minimum 1 space per 100 SF 1 space for every 4 person of the maximum occupancy 15 spaces per 1,000 SF of gross floor area 1 space for 40 SF of dining plus 1 space for 80 SF of kitchen 10 spaces per 1,000 SF of gross floor area 1 space per 125 SF None 1 space per 3 seats 1 space per 3 seats under maximum design capacity Maximum 1 space per 50 SF None 10% over the minimum None None 2 space for every four seats, plus one space for each employee on the average maximum shift None See Note Warehouses Minimum 1 space per 3,000 SF 1 space per 2,000 SF 1 space per 1,000 SF, plus 1 per employee 1 space for 300 SF of office; 1 space for each 1,500 SF of warehouse None 1 space per 2,000 SF(over 15,000 SF) None 1 space per 1,000 SF, plus1 space for each 2,500 SF of outdoor storage area 1 space per 2,000 SF Maximum 1 space per 1,000 SF None 10% over the minimum None None None None See note Dwellings, one and two family 2 spaces, one of which shall be enclosed 2 enclosed spaces per dwelling unit Single-family: 2 spaces (none required to be enclosed) Two-family: Same as Crystal Single family: Same as Crystal, except homes over 2,200 SF shall have an additional enclosed space Two family: 2.5 spaces, one of which must be enclosed Same as Crystal Single family: At least 1 enclosed space Two family: 1.5 spaces, one of which must be enclosed 2 spaces per unit (none required to be enclosed) Same as Crystal Same as Crystal * A base of 4 spaces is also required ** Standards proposed to be adopted in April, 2025 *** Richfield and Roseville has parking maximums based on the size of the parking lot Existing Spaces minus Required Spaces How do past decisions compare to current requirements?Required Spaces minus Max. Vehicles Observed How do current requirements compare to actual need?Existing Spaces minus Max. Vehicles Observed How do past decisions compare to actual need?5537 West Broadway 143,687 sq. ft. 287 408 178 (2020)121 109 230Target6801 - 56th Ave. N. 231,410 sq. ft. 463 1,025 312 (2018)562 151 713Crystal Shopping Center5301 - 36th Ave. N. 91,000 sq. ft. 186 493 158 (2012)307 28 335Cub3537 Douglas Dr. N. 14,892 sq. ft. 93 57 24 (2022)(36)69 33Strip retail building (Milton's, etc.)6600 - 56th Ave. N. 6,216 sq. ft. 16 11 9 (2006)(5)72Nokomis Shoes5700 Bottineau Blvd. 46,650 sq. ft. 97 215 86 (2021)118 11 129Crystal Medical Center5200 Douglas Dr. N 8,007 sq. ft. 20 30 17 (2009)10 3 13Herself Clinic6000 - 56th Ave. N. 14,644 sq. ft 33 60 34 (2021)27(1)26Office building5420 West Broadway 5,000 sq. ft 54 107 49 (2024)53 5 58Perkins4900 West Broadway 3,000 sq. ft. 34 54 28 (2024) 20 6 26Steve O's Bar & GrillName or Type of PropertyMaximum Vehicles Observed(based on review of aerial photos 2004-2024)Parking Surplus or (Deficit)City of Crystal Parking RequirementsTen Examples of Required Spaces, Existing Spaces and Maximum Vehicles ObservedAddress Size of BuildingNumber of Required SpacesNumber of Existing Spaces Location of Additional Potential ADUs Two-Family Dwellings and Single-Family Attached Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: May 2, 2025 City Council Meeting Agenda Tuesday, May 6, 2025 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. Proclamations 3.1 The Mayor will proclaim May 7, 2025, as Arbor Day in the City of Crystal. 3.2 The Mayor will proclaim May 11–17, 2025, as National Police Week and May 15, 2025, as Peace Officers Memorial Day in the City of Crystal. 3.3 The Mayor will proclaim May 18–24, 2025, as National Public Works Week in the City of Crystal. 4. Consent Agenda The council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The city council work session on April 10, 2025. b. The city council meeting on April 15, 2025. c. The city council work session on April 15, 2025. 4.2 Approval of disbursements over $25,000 submitted by the finance department. 4.3 Approval of the list of license applications submitted by the city clerk. 4.4 Adoption of a resolution accepting a donation. 5. Open Forum The city council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for open forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the council during open forum. The council may place items discussed during open forum onto subsequent council meeting agendas. 6. Regular Agenda Page 2 of 3 6.1 The council will consider a resolution awarding a contract for the redevelopment of Twin Oaks Park. Twin Oaks Park is scheduled for redevelopment in 2025. The 2025 capital improvement plan includes $425,000 for improvements in Twin Oaks Park. The overall project includes a new play area, picnic shelter, basketball court, veteran’s memorial, and trails to improve accessibility. The city was awarded a community development block grant (CDBG) of $146,000 and a Hennepin County Youth Activities Grant of $100,000 for improvements at the park. The total funding for this project, with grants, is $671,000. The play area and a picnic shelter were previously approved and have been ordered. Bids for concrete, bituminous, and related work were advertised on April 3 and April 10, with a bid opening on April 24. Eleven bids were received, and Odesa II had the low bid of $279,564. The engineer’s estimate for this work was $357,875.70, which results in an estimated saving of approximately $78,000. The total cost of the above items is $574,026, with available funding of $671,000. Additional costs will include amenities such as picnic tables, benches, etc., and up to 10% for contingencies. Recommend approval of the resolution approving an agreement with Odesa II, in the amount of $279,564 for concrete, bituminous, and related work at Twin Oaks Park. 6.2 The council will consider the first reading of an ordinance related to boulevard trees. The council has held several discussions about amending the city code to permit the planting of trees in the city right-of-way to address the city’s tree canopy needs. Staff has proposed ordinance language clarifying when trees can be planted in the right-of-way per the council’s direction. These plantings must be reviewed and approved by the City Engineer/Public Works Director to make sure they are in an appropriate location. The proposed language also clarifies when a right-of-way permit for this type of planting is required. Staff will work with residents who desire trees to be planted. Recommend approval of the first reading of the proposed ordinance amending Chapter VIII, Section 800.07, amending the streets, alleys, and public ways regarding the planting of trees in the boulevard. 6.3 The council will consider the second reading of an ordinance establishing a franchise agreement with CenterPoint Energy and a resolution approving summary language for publication of the ordinance. The City of Crystal’s previous natural gas franchise agreement with CenterPoint Energy expired in 2022. A new agreement has been negotiated and reviewed by Kennedy & Graven and is now presented for Council consideration. This agreement, consistent with past practice and state law, grants CenterPoint Energy the right to use the city's public rights-of-way to operate, maintain, and repair its natural gas utility infrastructure. At its April 15 meeting, the council approved the first reading of the proposed ordinance. Recommend approval of the second reading and adoption of the ordinance establishing a franchise agreement with CenterPoint Energy. In a separate motion, it is recommended that the council approve the resolution approving the summary language for publication. 6.4 The council will consider authorization of professional services agreement with WSB for GIS migration. Page 3 of 3 The City of Crystal is proposing to authorize a professional services agreement with WSB to assist with the transition of its Geographic Information System (GIS) from LOGIS to an internally managed system hosted on Microsoft Azure. This strategic move comes as the city's contract with LOGIS nears its end in December 2025, and reflects the city staff's readiness to independently manage GIS operations, enhancing efficiency, responsiveness, and cost-effectiveness. The transition, supported by WSB's expertise and Esri’s enterprise licensing, will empower city departments to expand GIS capabilities and improve service delivery to residents. The total investment of $52,697 in 2025 and up to $19,000 in 2026 is projected to pay for itself in approximately 1.5 years through operational savings.. 7. Announcements a. The Parks and Recreation Commission will host the annual Arbor Day celebration and park cleanup on Wednesday, May 7, from 5:30 – 6:30 p.m., at Sunnyview Park, 3000 Hampshire Ave. N. b. The city council will hold a work session on Thursday, May 8, at 6:30 p.m. in the Upper Community Room at city hall and via Zoom. c. The Friends of Crystal Parks plant sale is Saturday, May 17, from 9 a.m. – 1 p.m. at Becker Park. d. The Community Police Academy will be held on May 17, at the Crystal Police Department. e. The next city council meeting is Tuesday, May 20, at 7 p.m. in the council chambers at city hall and via Zoom. f. The annual city-wide Garage Sale will take place May 29-31, from 9 a.m. – 5 p.m. g. To accommodate Crystal residents practicing No Mow May, which provides habitat and nutrition for early-season pollinators, the city waits until June 1 to begin long grass enforcement. h. The Junior Police Academy (June 12-13) for 6th-8th grade students, 9 a.m. – 4 p.m. at city hall and the community center. i. The Crystal Airport Open House is Sunday, June 15, from 8 a.m. – 3 p.m. j. The Crystal Farmer’s Market begins (June 17), 3-6:30 p.m. at the Crystal Community Center k. A ribbon-cutting ceremony to celebrate the re-opening of Crystal Cove Aquatic Center will be held on Wednesday, June 25 at 4 p.m. l. 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 *Denotes no supporting information included in the packet. Have a great weekend; stay healthy. See you at Tuesday’s meeting. CITY OF CRYSTAL MINNESOTA PROCLAMATION CRYSTAL ARBOR DAY CELEBRATION MAY 7, 2025 WHEREAS, Crystal is a Tree City and has been a Tree City since 1998; and WHEREAS, the Crystal Parks and Recreation Commission serves as Crystal’s Tree Board; and WHEREAS, as Crystal’s Tree Board, the Parks and Recreation Commission holds an annual Arbor Day event to recognize the importance of trees in our community; and to provide information to residents on the role trees play in filtering our air and water, fostering biodiversity and strengthening our communities; and WHEREAS, the Friends of Crystal Parks has provided funds to purchase trees for distribution to residents attending the city’s Arbor Day celebration; and WHEREAS, the 2025 Crystal Arbor Day celebration will be Wednesday, May 7 at 5:30 p.m. at Sunnyview Park, located at 3000 Hampshire Ave. N. and includes: •Park clean-up •Information on forestry efforts in Crystal •Planting of a yellowwood tree in the park •Distribution of free Arbor Day trees; and WHEREAS, the City of Crystal wishes to promote the Parks and Recreation Commission, Crystal Tree Board and Arbor Day celebration. NOW, THEREFORE, I, Julie Deshler, Mayor of the City of Crystal, do hereby proclaim May 7, 2025, as ARBOR DAY in the City of Crystal. Dated this 6th day of May 2025. ______________________________ Julie Deshler, Mayor 3.1 COUNCIL POLICE DEPARTMENT REPORT National Police Week DATE: April 29, 2025 FROM: Stephanie K. Revering, Chief of Police TO: Mayor and City Council Adam R. Bell, City Manager CC: Brian Hubbard, Deputy Chief of Police RE: Proclamation: National Police Week Background As you are aware, we annually celebrate and honor police officers during National Police Week. This year, police week is May 11-17, 2025. Consideration We are asking for Mayor Deshler to read the proclamation at the May 6, 2025 council meeting and I would also ask that I humbly say a few words on behalf of our police department. Thank you. 3.2 CRYSTAL POLICE DEPARTMENT PROCLAMATION "NATIONAL POLICE WEEK" MAY 11–17, 2025 "PEACE OFFICERS MEMORIAL DAY" MAY 15, 2025 WHEREAS, the week of May 11–17, 2025, is National Police Week in the United States; and WHEREAS, there are over 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Crystal Police Department; and WHEREAS, over 56,000 assaults against law enforcement officers are reported each year, resulting in over 17,000 injuries; and WHEREAS, since the first recorded death in 1786, a total of 24,412 law enforcement officers in the United States have made the ultimate sacrifice and died in the line of duty, including 311 Minnesota law enforcement officers; and WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Memorial in Washington, D.C.; and WHEREAS, 345 new names of fallen heroes, including four officers from Minnesota, are being added to the National Law Enforcement Memorial this spring, including 148 line- of-duty deaths in 2024 and 197 officers who died in previous years but whose stories of sacrifice had been lost to history until now; and WHEREAS, May 15th is designated as Peace Officers Memorial Day in honor of all the fallen officers and their families, and U.S. Flags should be flown at half-staff. NOW, THEREFORE, I, Julie Deshler, Mayor of the City of Crystal, hereby recognize May 11–17, 2025, as NATIONAL POLICE WEEK in the City of Crystal, MN, and call upon the people of Crystal to observe this week in honor of the men and women whose diligence and professionalism keep the residents and city of Crystal safe. ___________________________ Julie Deshler, Mayor Dated this 6th day of May 2025 3.2 CITY OF CRYSTAL MINNESOTA PROCLAMATION PUBLIC WORKS WEEK MAY 18 – 24, 2025 WHEREAS, public infrastructure in the City of Crystal is an integral part of our everyday lives; and WHEREAS, the health, safety, and comfort of residents, visitors, and businesses greatly depend on public infrastructure and services; and WHEREAS, support from an encouraging, understanding, and informed citizenry is vital to the efficient operation of public infrastructure systems and programs, including transportation, buildings and facilities, parks and forestry, water supply and treatment, sanitary sewers and surface water management; and WHEREAS, Crystal’s public works department is committed to the mission of quality design, construction, operation and maintenance of the city’s public infrastructure; and WHEREAS, continued community support and resources are essential for the public works department to carry out its mission. NOW, THEREFORE, I, Julie Deshler, Mayor of the City of Crystal, do hereby proclaim the week of May 18–24, 2025, as PUBLIC WORKS WEEK in the City of Crystal, and recognize the everyday commitment made by the public works department to the city’s health, safety, comfort and overall quality of life. Dated this 6th day of May 2025. ________________________________ Julie Deshler, Mayor 3.3 Crystal City Council work session minutes April 10, 2025 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 6:30 p.m. on April 10, 2025, in the upper community room at city hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Deshler called the meeting to order. I.Attendance The city manager recorded the attendance for city council members and staff: Council members present: Deshler, Eidbo, Kamish, Kiser, Onesirosan and Budziszewski. Council Member Cummings was absent. City staff present: City Manager A. Bell, Police Chief S. Revering and Deputy Police Chief B. Hubbard. II.Agenda The council and staff discussed the following agenda items: 1.Commission candidate interview. 2.Police Department 2024 Annual Report. 3.Council Member Onesirosan – League of MN Cities Elected Leaders Institute Presentation. III.Adjournment The work session adjourned at 9:25 p.m. Julie Deshler, Mayor ATTEST: Adam R. Bell, City Manager 4.1(a) Crystal City Council meeting minutes April 15, 2025 Page 1 of 3 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council meeting was held on April 15, 2025, at 7 p.m. in the upper community room at city hall, 4141 Douglas Dr. N. in Crystal, MN and via Zoom. Mayor Deshler called the meeting to order. Roll Call Mayor Deshler asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings. City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant City Manager/HR Manager K. Therres, West Metro Fire-Rescue District Fire Chief S. Larson, Assistant Fire Chief J. Kunde, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Public Works Director/City Engineer J. Struve, Community Development Director J. Sutter, Communications Manager M. Peterson and City Clerk C. Serres. Pledge of Allegiance Mayor Deshler 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 Kiser and seconded by Council Member Budziszewski to approve the agenda. Motion carried. 3.Appearances 3.1 Communications Manager Mike Peterson shared a presentation for the 2025 Neighbors Recognizing Neighbors Awards. At 7:08 p.m., Mayor Deshler recessed the council meeting due to technical difficulties caused by a power outage. Mayor Deshler reconvened the council meeting at 7:15 p.m. 4.Consent Agenda The council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The city council work session on April 1, 2025. b.The city council meeting on April 1, 2025. 4.2 Approval of disbursements over $25,000 submitted by the finance department. 4.3 Approval of the list of license applications submitted by the city clerk. 4.4 Adoption of Resolution No. 2025-41, accepting donations. 4.5 Adoption of Resolution No. 2025-42, authorizing the Metropolitan Council Community Tree Planting Grant application. 4.6 Approval of Blue Line Business Advisory Committee appointment. 4.1(b) Crystal City Council meeting minutes April 15, 2025 Page 2 of 3 Moved by Council Member Kiser and seconded by Council Member Kamish to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 The council considered the first reading of an ordinance establishing a franchise agreement with CenterPoint Energy. City Manager Adam R. Bell addressed the council. Moved by Council Member Eidbo and seconded by Council Member Budziszewski to adopt the following ordinance: ORDINANCE 2025 - 05 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF And further, that the second and final reading will be held on May 6, 2025. Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings. Motion carried. 6.2 The council considered approval of a subordinate funding agreement for Metropolitan Council Blue Line Extension Project staff support in 2025 and 2026. City Manager Adam R. Bell addressed the council. Moved by Council Member Budziszewski and seconded by Council Member Onesirosan to approve Subordinate Funding Agreement #01 for Metropolitan Council Blue Line Extension Project staff support in 2025 and 2026. Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings. Motion carried. 6.3 The council considered a resolution awarding contracts for the 2025 Street and Utility Reconstruction Project. Public Works Director/City Engineer Jesse Struve addressed the council. Moved by Council Member Eidbo and seconded by Council Member Kiser to adopt the following resolution: RESOLUTION NO. 2025 – 43 AWARD 2025 STREET AND UTILITY RECONSTRUCTION CONTRACT TO NORTHDALE CONSTRUCTION CO., INC. AND AWARD PROFESSIONAL CONSTRUCTION SERVICES CONTRACT TO WSB 4.1(b) Crystal City Council meeting minutes April 15, 2025 Page 3 of 3 Voting aye: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings. Motion carried, resolution declared adopted. 7. Announcements The council and staff made announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Cummings to adjourn the meeting. Motion carried. The meeting adjourned at 7:51 p.m. ___________________________________ Julie Deshler, Mayor ATTEST: _____________________________________ Christina Serres, City Clerk 4.1(b) Crystal City Council work session minutes April 15, 2025 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:32 p.m. on April 15, 2025, in the upper community room at city hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Deshler called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Deshler, Eidbo, Kamish, Kiser, Onesirosan, Budziszewski and Cummings. City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant City Manager/HR Manager K. Therres, West Metro Fire-Rescue District Fire Chief S. Larson, Assistant Fire Chief J. Kunde, Police Chief S. Revering, Deputy Police Chief B. Hubbard, Public Works Director/City Engineer J. Struve, Community Development Director J. Sutter, Communications Manager M. Peterson and City Clerk C. Serres. II.Agenda The council and staff discussed the following agenda items: 1.Community Development quarterly update. 2.Constituent issues update. At 6:59 p.m., Mayor Deshler recessed the work session and continued it until immediately after the Economic Development Authority meeting. Mayor Deshler reconvened the work session at 9:08 p.m. to continue discussion of the following agenda items: 3.Organized waste collection. 4.Council liaison reports. 5.City manager update. 6.New business. 7.Announcements. III.Adjournment The work session adjourned at 9:49 p.m. Julie Deshler, Mayor ATTEST: Christina Serres, City Clerk 4.1(c) DATE:April 29, 2025 TO:Adam R. Bell, City Manager City of Crystal City Council FROM: Jean McGann, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount Waste Management (HRG)New Hope, Brooklyn Center, and Crystal March Recycling $80,161.68 Webber Recreational Design Crystal Cove Flume Slide $178,125.00 West Metro Fire Rescue District April Contribution to West Metro Fire $150,029.25 City of Brooklyn Park 2024 HRG Administrative Fee $88,380.00 Golden Valley JWC JWC February Water Charges $148,962.49 Kevitt Excavating LLC Crystal Cove Pool Excavating $36,820.68 Kraus-Anderson Construction Crystal Cove Construction Management $60,987.10 Traqnology North America Field Marking Cart $32,074.58 Smith Strum Investment Refund of Duplicate Utility Billing Payment $41,962.87 Xcel Energy City Buildings and Street Lights Electricity $25,381.71 Core & Main LP Radios for City Wide Water Meter Radio Upgrade Project $165,792.00 Metropolitan Council Wastewater Services for May $157,087.86 Compass Minerals America Annual Road Salt $27,313.40 MN PERA Employee & City Required Contributions for 4/11/25 Pay Date $76,605.95 IRS - EFTPS Federal & FICA Withholding Taxes for 4/11/25 Pay Date $75,147.50 MN PERA Employee & City Required Contributions for 4/25/25 Pay Date $79,448.82 $1,424,280.89 Description 4.2 Page 1 of 2 City of Crystal Council Meeting May 6, 2025 Applications for City License Edible cannabinoid product retailer Crystal Trades, LLC dba 36th Ave. Tobacco, 5101 36th Ave. N., Crystal, MN 55422 Rental (new) 3433 Perry Ave. N. – Evermore Ira Properties AZ LLC (Conditional) 3267 Winnetka Ave. N. – Duy Vien (Conditional) Rental (renewal) 6812 Cloverdale Ave. N. – Adam Hardy (Conditional) 2755 Douglas Dr. N. – Reese Pfeiffer (Conditional) 2761 Douglas Dr. N. – Reese Pfeiffer (Conditional) 4051 Douglas Dr. N. – Reill Properties 4507 Douglas Dr. N. – Reill Properties 5101 Fairview Ave. N. – Andrea Zimmermann (Conditional) 2709-2711 Hampshire Ave. N. – Joshua Breitung and Martin Kosto (Conditional) 3136 Hampshire Ave. N. – Katherine Meza 4155 Hampshire Ave. N. – Ryan Hardy (Conditional) 3948 Idaho Ave. N. – Invitation Homes 4057 Idaho Ave. N. – Invitation Homes (Conditional) 5942 Idaho Ave. N. – Bridge SFR IV Seed Borrower LLC (Conditional) 3524 Kyle Ave. n. – Fowzia Omar (Conditional) 4724 Lakeland Ave. N. – Mike Teagarden 5132 Lakeside Ave. N. – Luisa Wiegand (Conditional) 2910 Louisiana Ave. N. – MNSF T2 SPE LLC (Conditional) 4849 Louisiana Ave. N. – Pradeep Khakural (Conditional) 5242 Louisiana Ave. N. – Ingris Orozco (Conditional) 3436 Major Ave. N. – Judy Dupaul (Conditional) 5733 Nevada Ave. N. – Nicole Arvold (Conditional) 5510 Quail Ave. N. – James Wu (Conditional) 5542 Toledo Ave. N. – Kathrin Long (Conditional) 2721 Vera Cruz Ave. N. – An Nguyen (Conditional) 5765 West Broadway – MNSF T3 SPE LLC (Conditional) 3832 Yates Ave. N. – Cindy Brausen 4518 Yates Ave. N. – Anthony Hallada 5630 Yates Ave. N. – Elvis Osagie (Conditional) 5750 Yates Ave. N. – MNSF T2 SPE LLC (Conditional) 3339 Zane Ave. N. – Alganesh Yakob (Conditional) 4227 Zane Ave. N. – MNSF T2 SPE LLC (Conditional) 4360 Zane Ave. N. – AAKT LLC (Conditional) 5643 Zane Ave. N. – Kendra Deshler 6603 34th Ave. N. – Mark Madero (Conditional) 5108 35th Ave. N. – Clare Bartel (Conditional) 4421 36th Ave. N. – Good Domus Sub IX LLC 6812 44th Ave. N. – J&J Rental Properties LLC 5022 49th Ave. N. – Bridge SFR IV Seed Borrower LLC (Conditional) 4.3 Page 2 of 2 Tobacco Crystal Trades, LLC dba 36th Ave. Tobacco, 5101 36th Ave. N., Crystal, MN 55422 Tree Trimmer Bartlett Tree Experts, 5558 Smetana Dr., Minnetonka, MN 55343 Urban Tree and Landscape, 11000 93rd Ave. N., Maple Grove, MN 55369 4.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025 – ____ RESOLUTION ACCEPTING A DONATION WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the city council. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Crystal to accept the following donation: Donors Purpose Amount Anonymous Police Explorers program $71 BE IT FURTHER RESOLVED, that the Crystal City Council sincerely thanks the anonymous donors for their generous donations. Adopted by the Crystal City Council this 6th day of May 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 4.4 COUNCIL STAFF REPORT DATE: April 25, 2025 FROM: John Elholm, Recreation Director Brad Fortin, Parks and Facilities Superintendent TO: Mayor and City Council City Manager Adam R. Bell RE: Concrete, Bituminous and Related Work in Twin Oaks Park Background Twin Oaks Park is scheduled for redevelopment in 2025. A public engagement process took place in 2024 that included concepts being discussed at a meeting in the park in August, sharing plans online for public comment in the fall and monthly review by the park and recreation commission. Plans were also discussed at a meeting with VFW leadership in September. The 2025 capital improvement plan (park improvements) includes $425,000 for improvements in Twin Oaks Park. The overall project includes a new play area, picnic shelter, basketball court, veteran’s memorial and trails to improve accessibility. The city has also been awarded a community development block grant (CDBG) of $146,000 and a Hennepin County Youth Activities Grant of $100,000 for improvements here. The total budget for this project, with grants, is $671,000. Because of the CDBG funding, prevailing wages are a requirement for this project. A play area in the amount of $188,958.45 and a picnic shelter in the amount of $55,603.50 have been ordered. The design and bidding services agreement for this project is $49,900.00. Bids for concrete, bituminous and related work were advertised on April 3 and April 10, with a bid opening on April 24. Eleven bids were received to complete this work, with the low bid being received from Odesa II, in the amount of $279,564. The full bid tabulation summary and letter from WSB are attached here. The total cost of the above items is $574,026, with a budget of $671,000. Additional costs will include amenities such as picnic tables, benches, etc. and up to 10% for contingencies. Requested City Council Action Staff recommends approval of the attached resolution, entering into an agreement with Odesa II, in the amount of $279,564; for concrete, bituminous and related work at Twin Oaks Park. 6.1 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-xx RESOLUTION IN SUPPORT OF CONCRETE, BITUMINOUS AND RELATED WORK IN TWIN OAKS PARK WHEREAS, the City of Crystal owns and operates Twin Oaks Park; and WHEREAS, the 2025 capital improvement plan (park improvements) includes funding for improvements in Twin Oaks Park; and WHERAS, A community development block grant (CDBG) and a Hennepin County Youth Activities grant are also in place for this project; and WHEREAS, A public engagement process took place in 2024 that included concepts being discussed at a meeting in the park in August, sharing plans online for public comment in the fall and monthly review by the park and recreation commission; and WHEREAS, Bids were sought and eleven bids were received for concrete, bituminous and related work in the park; and WHEREAS; the lowest bid was received from Odesa II in the amount of $279,564. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal: A.To enter into an agreement with Odesa II, in the amount of $279,564; for concrete, bituminous and related work in Twin Oaks Park. B.To hereby authorize the mayor and city manager to sign agreements with Odesa II for this project. Adopted this 6th day of May 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 6.1 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM April 24, 2025 Honorable Mayor and City Council City of Crystal 4141 Douglas Drive N, #1696 Crystal, MN 55422 Re: Twin Oaks Park Improvements City of Crystal WSB Project No. 027592-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, April 24, 2025, and were opened and read aloud. Eleven bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by ODESA II, Sauk Rapids, Minnesota in the amount of $279,564.00. The Engineer’s Estimate was $357,875.70. We recommend that the City Council consider these bids and award a contract in the amount of $279,564.00. to ODESA II based on the results of the bids received. Sincerely, WSB Robert Slipka, PLA Sr. Professional Landscape Architect II Attachments ams 6.1 PROJECT: OWNER: City of Crystal WSB PROJECT NO.: 027592-000 Bids Opened: Thursday, April 24, 2025, at 2:00 pm Contractor Bid Security (5%)Grand Total Bid 1 ODESA II X $279,564.00 2 Blackstone Contractors LLC X $286,575.38 3 Create Construction LLC X $314,216.50 4 New Look Contracting, Inc.X $314,467.25 5 Sunram Construction, Inc.X $336,826.00 6 K.A. Witt Construction Inc.X $337,024.70 7 Minnesota Roadways Company X $343,265.80 8 Shoreline Landscaping & Contracting X $362,357.30 9 Veit & Company, Inc.X $391,509.26 10 Parkstone Contracting, LLC X $394,607.00 11 Pember Companies, Inc.X $414,994.30 Engineer's Opinion of Cost $357,875.70 Denotes corrected figure Robert Slipka, Sr. Professional Landscape Architect II BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on April 24, 2025. Twin Oaks Park Improvements C:\Users\anne.sill\DC\ACCDocs\WSB\027592-000\Project Files\05_Discipline\Preconstruction\Bidding\027592-000 Twin Oaks Bid Summary 042425.xlsx 6.1 WATER 32 1 4 65 7 98 10 WILSHIRE BLVDBASS LAKE ROADSCOTT AVE N 4" 8"8" 4" 18" 36" 4" 18" 36" 22"22"24"24" 12" 14" 36" 8"8" 8"8"8"8" 24"24" 8" 24"24" 14" TNH ELEV: 865.70 STSTRIM:863.75 BOT858.75INV:INV:INV:INV:INV:INV: 14" 20" 2" 8"8"8" 20" 10" 24" 30" 26" 34" 24"GP4" 4" 4" 2" 16" 14" 6"4" 2"FLAGPOLE2" 6" 2" 2" 10" 4"2" BASKETBALL COURT, SEE DETAIL 6 L6.1 SHELTER PAD & FOOTINGS, SEE DETAIL 5 L6.0 PLAY CURB, SEE DETAIL 5 L6.1 PLAY EQUIPMENT BY OTHERS CONCRETE PAD (BENCH BY CITY), SEE DETAIL 1 L6.1 BITUMINOUS TRAIL, SEE DETAIL 2 L6.1 4" CONCRETE WALK, SEE DETAIL 1 L6.1 6" CONCRETE WALK, SEE DETAIL 1 L6.1 (2) FLAG POLES BY OTHERS, COORDINATE WITH CITY B612 CURB AND GUTTER, TAPER FROM 0" TO 6" OVER 3', SEE DETAIL 6 L6.0 CONNECT TO EXISTING CONCRETE WALK CONNECT TO EXISTING CONCRETE WALK CONNECT TO EXISTING CONCRETE WALK CONCRETE PAD (TRASH & BIKE RACKS BY CITY), SEE DETAIL 1 L6.1 PEDESTRIAN RAMP, SEE DETAIL 4 L6.1 2' BITUMINOUS PATCH B612 6' CURB AND GUTTER, TAPER FROM 0" TO 6" OVER 6', SEE DETAIL 6 L6.0 2' BITUMINOUS PATCH CONCRETE PAD (BENCH BY CITY), SEE DETAIL 1 L6.1 CONCRETE PAD (TRASH BY CITY), SEE DETAIL 1 L6.1 MONUMENT, BY CITY TAPER FROM 0" TO 6" OVER 3' 31.16' R40.0' R75 22.42' 18.49' R100.0' R75.0' 162.4' 46.16' 22.11' R60.0' 2.8' R90.0' R115.0' R115.0' R140.0' R105.0' R100.0' R120.0'R100.0' R800.0'47.45' R20.0', TYP. 19.34' 24.66' R5.0' 30.02' R105 62' 48' 12' 5'3' 3' 8'22'16' 17' 24' 6' R50 12.09' R20.0' TYP. 9', TYP. DRINKING FOUNTAIN, SEE DETAIL 1 L6.2 R100 R400.0' R80.0' R90 CONCRETE PAD (BENCH BY CITY), SEE DETAIL 1 L6.1 SURMOUNTABLE CURB, SEE DETAIL 7 L6.0 2' BITUMINOUS PATCH 19' 13' 6' 22' TAPER WALK OVER 20' TO MATCH EXISTING WALK WIDTH 4" CONCRETE WALK, SEE DETAIL 1 L6.1 6" CONCRETE WALK, SEE DETAIL 1 L6.1 9' 9' 19' 8' 6' 6' 12.63' R20.0' TYP. 9' 9' 9'9' 6" CONCRETE WALK, SEE DETAIL 1 L6.1 PEDESTRIAN RAMP, SEE DETAIL 4 L6.0 6' TAPER c:\ACC\ACCDocs\WSB\027592-000\project files\05_Discipline\Landscape\03_Sheets\027592-000-L-SITE-PLAN.dwg 4/3/2025 2:02:14 PMLAYOUT PLAN L3.0 AS SHOWN JG JGHW NSCALE IN FEET 0 H: 30 60 SCALE: PLAN BY: DESIGN BY: CHECK BY: SHEET WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.TWIN OAKS PARKCITY OF CRYSTAL, MN027592-000 Robert Slipka, PLA04-03-202544337LEGEND LAYOUT CONTROL POINT BITUMINOUS DRIVE PAVEMENT CENTERLINE CONSTRUCTION LIMITS 4" THICK CONCRETE WALK 6" THICK CONCRETE WALK BITUMINOUS TRAIL PAVEMENT TRUNCATED DOMES EXISTING DECIDUOUS TREE EXISTING CONIFER TREE6.1 COUNCIL STAFF REPORT DATE: 5/6/2025 FROM: Jesse Struve, Director of Public Works / City Engineer TO: Mayor and City Council City Manager Adam R. Bell RE: Consider first reading of an ordinance with changes to the Right of Way Code 800.07 Background Over the last 5 years, the emerald ash borer (EAB) has decimated the ash trees on both public and private properties in Crystal. This has dramatically reduced the tree canopy within Crystal and many of these residents impacted are reluctant to plant new trees. The reduction of trees in the community can impact the community by: •The loss of mature trees can reduce property values. •Trees provide shade which help reduce heat islands and reduce watering of lawns. •Mature trees can prevent water from reaching the ground, helping to reduce the amount of runoff. The reduction of the tree canopy has been a point of concern for the council. The council directed staff to explore allowing the planting trees in the Blvd. to restore the tree canopy lost by the EAB. While the existing city code allows planting in the Blvd. through a permit process, it has been Public Works policy not to plant trees due to the on-going costs associated with owning and maintaining these trees. Staff are proposing we make changes to our current City Code to more clearly allow the city to undertake a tree planting project. Staff are recommending the following changes to the existing ordinance: 800.07. Right-of-way permit. Subd. 1. Required. It is unlawful for any person to do any of the following within a right - of-way without first obtaining a right-of-way permit from the director: (a) Obstruct, excavate, or place any facilities; (b) Lay, construct, move, or modify any sidewalk, driveway approach, curb, or curb and gutter; or (c) Plant or place any new trees, shrubs, or bushes. The placement of trees, shrubs, or bushes in the right -of-way will not be allowed, except when conducted by the city or under unique circumstances where the plantings are part of a development approved by the city. No plantings may occur unless the director determines they will not interfere with safety or the maintenance of the right -of-way. 6.2 Subd. 2. Exceptions. A right-of-way permit is not required for any of the following: (a)Work performed by the city or by a city contractor; and (b)For a property owner to plant or maintain boulevard plantings, other than trees, shrubs, or bushes, in the area of the right-of-way between their property and the street curb, provided such plantings comply in accordance with Crystal city code, subsection 800.49, subdivision 5. (c) A property owner can only plant a tree in the Blvd. by pulling a right-of-way permit (no fee) and with the approval of the location and species from the Director of Public Works. If a tree is planted without prior approval, it will be the responsibility of the property owner to maintain and may be subject to removal. Proposed Schedule 1.May 6, 2025 – First Reading 2.May 20, 2025 – Second Reading 3.May 29, 2025 – Publish the Summary of Ordinance 4.July 1, 2025 – Effective date of Ordinance Requested City Council Action Staff recommend approval of the first reading of the updated code 800.07, and it has been incorporated into the proposed ordinance for council consideration on May 6, 2025. Attachments 1.Proposed Ordinance 6.2 1 CR205\30\979461.v8 CITY OF CRYSTAL ORDINANCE #2025-____ AN ORDINANCE AMENDING THE STREETS, ALLEYS, AND PUBLIC WAYS REGARDING THE PLANTING OF TREES IN THE BOULEVARD The City of Crystal ordains: ARTICLE I. Chapter VIII, Section 800.07 of the Crystal city code is hereby amended as follows and renumbering the subdivisions as may be needed: 800.07. Right-of-way permit. Subd. 1. Required. It is unlawful for any person to do any of the following within a right- of-way without first obtaining a right-of-way permit from the director: (a) Obstruct, excavate, or place any facilities. (b) Lay, construct, move, or modify any sidewalk, driveway approach, curb, or curb and gutter; or (c) Plant or place any new trees, shrubs, or bushes. The placement of trees, shrubs, or bushes in the right-of-way will not be allowed, except when conducted by the city or under unique circumstances where the plantings are part of a development approved by the city. No plantings may occur unless the director determines they will not interfere with safety or the maintenance of the right-of-way. Subd. 2. Exceptions. A right-of-way permit is not required for any of the following: (a) Work performed by the city or by a city contractor; and (b) For a property owner to plant or maintain boulevard plantings, other than trees, shrubs, or bushes, in the area of the right-of-way between their property and the street curb, provided such plantings comply in accordance with Crystal city code, subsection 800.49, subdivision 5. (c) A property owner can only plant a tree in the Blvd. by pulling a right-of-way permit (no fee) and with the approval of the location and species from the Director of Public Works. If a tree is planted without prior approval, it will be the responsibility of the property owner to maintain and may be subject to removal. ARTICLE II. Incorporate. City staff is authorized and directed to update the table of contents and to make such other changes as are necessary to incorporate the amendments adopted by this Ordinance into the Crystal city code. 6.2 2 CR205\30\979461.v8 ARTICLE III. Effective Date. This ordinance is effective on July 1, 2025. BY THE CITY COUNCIL Julie Deshler, Mayor ATTEST: _______________________________ Christina Serres, City Clerk Double underlined material is being added and stricken material is being deleted. First Reading: ____________, 2025 Second Reading: __________, 2025 Council Adoption:_________, 2025 Publication: Effective Date: 6.2 Memorandum DATE: April 29, 2025 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: Consider the second reading and adoption of an ordinance establishing a franchise agreement with CenterPoint Energy and a resolution approving summary language for publication. BACKGROUND The City of Crystal’s previous natural gas franchise agreement with CenterPoint Energy was last approved in 2002 and expired in 2022. A new agreement has been negotiated and reviewed by Kennedy & Graven and is now presented for Council consideration. This agreement, consistent with past practice and state law, grants CenterPoint Energy the right to use the City's public rights-of-way to operate, maintain, and repair its natural gas utility infrastructure. At the April 15 council meeting, the City Council approved the first reading of the proposed ordinance. The council is now being asked to consider approving the second reading and adoption of the proposed ordinance, and the resolution for summary language for publication. AGREEMENT SUMMARY The proposed franchise agreement with CenterPoint Energy: •Grants a nonexclusive 20-year franchise to construct, operate, maintain, and repair natural gas facilities in the City’s public ways and public grounds. •Ensures compliance with the City's right-of-way ordinance (Section 802.01 et seq. of the Crystal City Code), requiring appropriate permits for work and restoration following excavation. •Affirms that service and gas rates remain subject to the Minnesota Public Utilities Commission. •Requires CenterPoint Energy to indemnify the City against liability arising from utility operations, except in cases of City negligence. •Includes dispute resolution procedures and outlines provisions for facility relocation, emergency response, and abandoned facilities. •States that the Company will pay for summary publication of the ordinance. •Establishes that this ordinance will remain in effect beyond expiration if a successor agreement is not yet in place unless terminated with proper notice. •Franchise Fees: o While the franchise agreement preserves the City’s authority to adopt a franchise fee ordinance in the future (as authorized under Minnesota Statutes § 216B.36), this agreement does not impose any franchise fees. Adoption of a 6.3 franchise fee would be handled through a separate ordinance and policy process, requiring further Council action. LEGAL PROCEDURE Under Minnesota law, franchise agreements are enacted via non-codified ordinances. The City Council is being asked to consider the second reading of the ordinance adopting the agreement. If approved by the city and CenterPoint Energy, the ordinance will be effective 30 days after publication. RECOMMENDATION: Staff recommends approval of the second reading and adoption of the ordinance granting a franchise to CenterPoint Energy for natural gas distribution within the City of Crystal and the resolution approving summary language for publication. ATTACHMENTS •An Ordinance Granting CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities And Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Crystal, Hennepin County, Minnesota, for Such Purpose; and, Prescribing Certain Terms and Conditions Thereof •Resolution No. 2025 – 46, A Resolution Approving Summary Language for Publication of Ordinance No. 2025-05 6.3 1 CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. 2025-05 CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Crystal, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”) its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all 6.3 Regular Agenda Revised 2 necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to the City Manager, City of Crystal, 4141 Douglas Drive North, Crystal, MN 55422. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to herein as the Franchise. Public Ground. Land owned or otherwise controlled by the City for park, trail, walkway, open space or other, similar public property which is held for use in common by the public or for public benefit. Public Way. Any highway, street, alley or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the non-exclusive right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such lawful regulations as may be adopted by the City pursuant to a public right-of-way ordinance consistent with state law. The City’s right-of-way ordinance is currently codified as Section 802.01 et. seq. of the City Code. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance in writing by Company. The Company shall accept this Ordinance within ninety (90) days of Notice of the City’s adoption hereof. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of summary publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other 3 party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location to be mutually agreed by the City and the Company. The location and relocation of Gas Facilities shall be subject to lawful regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by the City’s right-of-way ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Ways in accordance with Minnesota Rules, 7819.1100. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for one (1) year thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ways or Public Ground in the required condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work 4 done for or performed by the City. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. Per Minnesota Statute 216D.05, the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company except as authorized by law. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2 Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing company easements in Public Grounds. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes 5 §§161.45 and 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or loss or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses, claims or damages occasioned through its own negligence or otherwise wrongful act or omission except for those arising out of or alleging the City's negligence as to the issuance of permits for, or the inspection of, Company's plans, work or Gas Facilities. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this obligation to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two (2) weeks’ prior written Notice of a proposed vacation of Public Ways or Public Grounds in which Company facilities are located. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee, and the City reserves all rights under Minn. Stat. § 216B.36 in that regard. The City will use a franchise fee formula that provides a stable and predictable amount of fees without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission’s March 23, 6 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09- 970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company’s determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. If, for any reason, the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Rules, Part 7819.3300 as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the 7 City’s request, and comply with the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. This Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. Adopted this 6th day of May 2025. BY THE CITY COUNCIL Julie Deshler, Mayor ATTEST: Christina Serres, City Clerk First Reading: April 15, 2025 Second Reading: Council Adoption: Publication: Effective Date: 1 CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. 2025-05 CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Crystal, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”) its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all 6.3 2 necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to the City Manager, City of Crystal, 4141 Douglas Drive North, Crystal, MN 55422. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to herein as the Franchise. Public Ground. Land owned or otherwise controlled by the City for park, trail, walkway, open space or other, similar public property which is held for use in common by the public or for public benefit. Public Way. Any highway, street, alley or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the non-exclusive right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such lawful regulations as may be adopted by the City pursuant to a public right-of-way ordinance consistent with state law. The City’s right-of-way ordinance is currently codified as Section 802.01 et. seq. of the City Code. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance in writing by Company. The Company shall accept this Ordinance within ninety (90)days of Notice of the City’s adoption hereof. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of summary publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other 6.3 3 party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location to be mutually agreed by the City and the Company. The location and relocation of Gas Facilities shall be subject to lawful regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by the City’s right-of-way ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Ways in accordance with Minnesota Rules, 7819.1100. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ways or Public Ground in the required condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work 6.3 4 done for or performed by the City. 3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. Per Minnesota Statute 216D.05, the City must take protective measures when it performs work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. 3.7. Emergency Response. As emergency first-responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company except as authorized by law. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2 Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing company easements in Public Grounds. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes 6.3 5 §§161.45 and 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or loss or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses, claims or damages occasioned through its own negligence or otherwise wrongful act or omission except for those arising out of or alleging the City's negligence as to the issuance of permits for, or the inspection of, Company's plans, work or Gas Facilities. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this obligation to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two (2) weeks’ prior written Notice of a proposed vacation of Public Ways or Public Grounds in which Company facilities are located. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee, and the City reserves all rights under Minn. Stat. § 216B.36 in that regard. The City will use a franchise fee formula that provides a stable and predictable amount of fees without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission’s March 23, 6.3 6 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09- 970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed-upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company’s determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. If, for any reason, the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Rules, Part 7819.3300 as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the 6.3 7 City’s request, and comply with the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. This Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. Adopted this 6th day of May 2025. BY THE CITY COUNCIL Julie Deshler, Mayor ATTEST: Christina Serres, City Clerk First Reading: April 15, 2025 Second Reading: Council Adoption: Publication: Effective Date: 6.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025 - 46 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2025-05 WHEREAS, the Crystal City Council adopted Ordinance No. 2025-05 “Ordinance Granting Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Minnesota Gas, its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities And Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to use the Public Ways and Grounds of the City of Crystal (the “Ordinance”) at its meeting held on May 6, 2025; and WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal City Code indicate that ordinances approved by the City Council will be published in summary form and that the City Council is to approve the form of the summary. WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, that the following summary language is hereby approved for publication of the Ordinance: CITY OF CRYSTAL ORDINANCE #2025-05 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF SUMMARY OF ORDINANCE No. 2025-05 This ordinance grants CenterPoint Energy a nonexclusive 20-year franchise to use the City's public rights-of-way to operate, maintain, and repair its natural gas utility infrastructure. It requires compliance with City permitting and restoration rules, affirms that gas rates are regulated by the Minnesota Public Utilities Commission, and mandates indemnification of the City except in cases of City negligence. The ordinance further outlines terms for dispute resolution, facility relocation, emergency response, and handling of abandoned infrastructure. The ordinance is to remain in effect 6.3 2 504225v2 CR225-30 beyond expiration until replaced or terminated with notice. While preserving the City’s authority to adopt franchise fees in the future, this ordinance imposes none. Ordinance No. 2025-05 was approved by the city council on May 6, 2025. A printed copy of the full text of the ordinance is available on the city’s website and may be obtained by contacting the city clerk’s office. Adopted by the Crystal City Council this 6th day of May 2025. ______________________________ Julie Deshler Mayor ATTEST: _______________________________ Christina Serres City Clerk 6.3 COUNCIL STAFF REPORT DATE: 5/6/2025 FROM: Jesse Struve, Director of Public Works / City Engineer Emily Schneider, GIS Specialist TO: Mayor and City Council City Manager Adam R. Bell RE: Authorize professional services agreement with WSB for GIS migration Summary The City of Crystal (city) is nearing the end of its contract with LOGIS GIS Services (LOGIS) in December of 2025. In 2026, the city’s staff is looking to move forward with other GIS options and where the city will manage its GIS services internally. This will create more opportunities to expand GIS throughout city departments, improve responsiveness, and allow the city to integrate programs for Crystal residents. The existing 2025 costs for LOGIS to manage our GIS system 2025 LOGIS GIS Support for Crystal $58,000 annually -$4,834 monthly (rounding) $975 annually for the Development Fund Estimated costs for upcoming years with LOGIS. 2026 LOGIS GIS Support $60,900 annually -This is the figure in the document and presented to LOGIS Finance to incorporate into the 2026 LOGIS Budget. -The draft LOGIS 2026 Budget should be going out the end of May. $1,000 annually for the Development Fund (estimate) 2027 LOGIS GIS Support Estimate of $63,000 Background In 2023, the city and LOGIS entered a contract for LOGIS to manage our GIS systems, migrate our information to a new GIS platform, and create new applications. Some of the major accomplishments LOGIS helped the city with include: •Created our Enterprise Geodatabase connection which is the foundation of the city’s GIS data. •Created databases for utilities to allow staff to pull up information quickly. 6.46.4 • Created a new platform and field map application so staff can quickly pull up information while in the field without needing paper copies of maps. • Helped to create applications for playground inspections, MS4 inspections, and are developing additional applications to assist staff in day-to-day operations. • Linked in as-built information and tie cards to the field maps. • Provided training to city staff to create and manage these applications. • Hosted all of our data and online servers. All the work LOGIS has done was beneficial to the city and, at the time this contract was entered, the city did not have the ability to do this work on our own. Now city staff have the skills and experience to manage this data ourselves. We feel, if we go on our own, it will improve the speed of developing additional applications, we can quickly modify our own data how we want, and we can manage the city’s data on our own. Not only will this improve the speed of getting these applications up and running, but we can do it cheaper than utilizing LOGIS. To transition away from LOGIS, we will need assistance from an outside company. We have talked with a few companies and feel WSB is best positioned to assist us through this transition. They have worked with multiple other cities through a similar transition and have the expertise to do this as seamless as possible. With the help of WSB, the city would have a final migration from LOGIS GIS Services to Azure. Azure, a cloud infrastructure, will host the city’s data, database, and new Enterprise system. WSB will help with this one-time migration, transferring our geodatabase from LOGIS, and help deploy an ArcGIS Enterprise system in Azure. This will give the city full editing and ownership capabilities over our GIS and data. With this new Enterprise GIS system, the city will have more autonomy over our data. There will be many more opportunities and the ability to create more GIS solutions for the city and its residents. It is essential for the city to manage GIS data internally. By managing our own system, it will allow us to edit our own applications and will increase response times and fixes for our field workers. GIS will have the capability to expand into other departments on the city’s schedule versus a vendor’s timeline. Additionally, the city’s GIS staff will have the ability to GIS Solutions for residents, with more GIS capabilities and tools with an Enterprise system held internally. Proposed Costs The cost for 2025 would be a total of $52,697, which includes: - WSB costs ($30,000) - Esri Enterprise licensing ($22,697). The cost for 2026 would be a total of up to $19,000, which includes: - WSB costs (up to $10,000) - Esri enterprise licensing ($9000) These costs will be split amongst the utilities (water, storm, and sanitary sewer), street maintenance, and forestry funds / operating budgets and may result in exceeding the approved budget for 2025. While it is an increase in our 2025 expenditure, the rate of return for this investment is approximately 1.5 years. 6.46.4 Recommended Actions Motion to award the contract to WSB for the Azure GIS Cloud Migration and Enterprise licensing with Esri. Attachments: • WSB Statement of Work • Esri Licensing Costs • Council resolution for approval 6.46.4 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM February 28, 2025 Ms. Emily Schneider GIS Specialist City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 Re: Statement of Work (SOW) for Azure GIS Cloud Migration Dear Ms. Emily Schneider: On behalf of WSB, it is my pleasure to present you with this Statement of Work (SOW) to implement ArcGIS Enterprise in Microsoft Azure. WSB’s GIS team has an in-depth understanding and expertise implementing Cloud resources to support Enterprise GIS systems, and a history of successfully deployments utilizing Azure. Project Understanding It is our understanding that the City of Crystal seeks support for the deployment of cloud infrastructure in Azure to host its ArcGIS Enterprise deployment as a replacement of its existing Enterprise GIS currently hosted and managed by Logis. Implementing Enterprise GIS in Azure will allow the City to achieve its goals of: •Implementing a robust, cost-effective Cloud environment to support the City’s ArcGIS Enterprise and GIS applications. •Give the City ownership of its own GIS deployment and flexibility to manage and work within this environment. •Replacing the current on-premises deployment hosted by Logis. •Ensuring a secure environment for managing their GIS Platform. •Providing flexibility for future growth of the City’s GIS resources. Scope of Work 1.Enterprise GIS Implementation Support WSB will perform the implementation of Esri ArcGIS Enterprise software within the City’s Microsoft Azure environment. Implementation support will include: •Developing implementation requirements •Developing system architecture plan and design •Build-out of system architecture •Implementing ArcGIS Enterprise software Develop implementation requirements WSB will develop implementation requirements for ArcGIS Enterprise to incorporate the City’s needs and goals. Implementation requirements will include but are not limited to: •ArcGIS Enterprise deployment pattern & recommendations •Required software 6.46.4 Ms. Emily Schneider February 28, 2025 Page 2 •Data and database requirements •Number of users and user roles •Availability/SLA, backup, and retention •Information security requirements •Identity and access management WSB recommends the purchase of an ArcGIS Enterprise Standard license, the cost of this license would come from and be paid directly to Esri by the City. Develop System Architecture Plan and Design WSB will use the implementation requirements gathered to develop an ArcGIS Enterprise software system architecture plan and final design. This plan will include recommendations for Azure Virtual Machine type/sizing, system topology, virtual networking, storage, and databases. This architecture plan and design document will serve as the City’s authoritative document outlining its deployment of ArcGIS Enterprise in Azure. Build-Out System Architecture WSB will provision the required system architecture components in Azure based on the system architecture plan and design as developed. Implement ArcGIS Enterprise Software WSB will provide direct support for the installation and configuration of the required ArcGIS Enterprise software components. It is anticipated that this will include the installation and configuration of ArcGIS Server, Portal for ArcGIS, ArcGIS Web Adaptor, and the ArcGIS Data Store. WSB will provide configuration support for the following: •ArcGIS Server and Portal site configuration. •Initial Portal administrator and ArcGIS Server site admin user accounts. •Web Adaptor configuration for ArcGIS Portal and Server. •Relational and Tile Cache Data Store. •ArcGIS Portal and Server SSL certificate import. •ArcGIS Server federation as hosting server. •Portal enterprise identify provider: Azure AD. •ArcGIS Server federation. Cost: $15,000 2.Migration of Existing GIS Data to Azure WSB will migrate the City’s existing GIS data to the new Azure ArcGIS Enterprise environment. This process will include transferring the City’s current Enterprise database, along with any other relevant databases and necessary files from the existing deployment. The initial migration will allow City GIS staff to stage and develop replacement GIS web applications and related resources while ensuring uninterrupted access to the current Logis-hosted GIS system. Cost: $2,500 6.46.4 Ms. Emily Schneider February 28, 2025 Page 3 3.Production Migration and Cutover WSB will complete the final migration of databases, data, and required files to the Azure environment. This migration will incorporate any data edits or content changes made during the testing period. Our goal is to minimize downtime for the City’s GIS system, and we will collaborate with City staff to schedule the production migration at a time that causes the least disruption. To ensure data integrity, WSB recommends implementing a moratorium on GIS data edits during this period. Cost: $2,500 4.Managed Services and GIS Support Based on discussions with City staff and our understanding of the City’s support needs, we propose providing the City with 60 hours of WSB staff support. This support will include assistance with recreating essential GIS applications, configuring web applications, and delivering training on any topics the City requests. The scope of support may include, but is not limited to, the following: •GIS service and data publishing. •Administration of ArcGIS Server, Portal and Datastore. •System backup, update, and restoration procedures. •Platform security best practices. •General GIS content management overview including content sharing best practices for private and public utilization. •Assistance with recreating existing GIS applications like the City’s Utility Web Map, Survey123 for Playground inspections, Mobile Workforce deployments, and additional field and web-based applications. •Other requested training. Cost: $10,000 (60 Hours) Assumptions WSB makes the following assumptions in developing this SOW. The City agrees that these assumptions are correct and valid. 1.The City will utilize its own Microsoft Azure account to access and administer the GIS deployment. 2.The City is responsible for all ArcGIS Enterprise licensing required for the deployment. 3.The majority of activities included in this project will be performed remotely at WSB’s premises. 4.Any items or tasks not explicitly listed as in-score within this SOW are considered to be outside the score and not associated with this SOW and price. 5.The City will be asked to authorize additional consultant hours should actual hours worked approach those authorized by this engagement. 6.WSB will configure the systems outlined within this SOW, with a unique set of authentication credentials unless otherwise provided by the City. 7.All WSB activities will take place during normal working hours (Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time, excluding holidays). 6.46.4 Ms. Emily Schneider February 28, 2025 Page 4 General Client Responsibilities The following items are listed as responsibilities of the City for this engagement. 1. City will initiate the process with Logis to get a copy of any existing GIS databases. 2. Provide access to a City-owned Azure account for necessary virtual environment setup and administration. 3. Provide a registered public domain. 4. Support for SSL certificate approvals by City IT staff or third party if appropriate. Cost Summary All costs in this scope of work will be billed on a flat fee basis not exceeding $20,000. Our managed services and GIS Support will be provided on an hourly cost-not-to-exceed basis with total costs of $10,000, providing approximately 60 hours of support. Azure monthly fees are the responsibility of the City with estimated monthly fees of $600 - $800 for the GIS environment in Azure. ArcGIS Enterprise licensing is also the responsibility of the City with fees paid directly to Esri. WSB will work with City staff on an annual basis to determine the scope of future managed GIS service agreements based on the City’s changing support needs. Acceptance This SOW represents our understanding of the proposed scope of services. If this SOW is found acceptable, we can prepare a professional service agreement (PSA) for the work described. Thank you for this opportunity for WSB to assist the City of Crystal with this project. I am confident that the level of service on this project will meet or exceed your expectations. If you should have any questions regarding this proposal, please contact me at 763-287-8539. Sincerely, WSB Bryan Pittman Justin Hansen Sr. Associate/GIS Lead Director, GIS Services 6.46.4 Quotation # Q-544896 Date: April 3, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 192613 Contract # 31574.0 City of Crystal Engineering Dept 4141 Douglas Dr N Minneapolis, MN 55422-1609 To expedite your order, please attach a copy of ATTENTION: Emily Schneider this quotation to your purchase order.PHONE: 612-427-4538 Quote is valid from: 4/3/2025 To: 7/2/2025 EMAIL: emily.schneider@crystalmn.gov Material Qty Unit Price Total 160463 1 $19,649.00 $19,649.00 ArcGIS Enterprise Standard Up to Four Cores Perpetual License 166894 8 $381.00 $3,048.00 ArcGIS Enterprise Mobile Worker User Type Annual Subscription Subtotal:$22,697.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$22,697.00 Subject to the terms, conditions and pricing set forth in the Minnesota Office of State Procurement Term Schedule, ESRI Contract No. 31574.0 When you are ready to place an order, you can choose one of the following options: 1.) Fax a Purchase Order to Customer Service at 909-793-4801 or email it to service@esri.com 2.) Call the Digital Sales Department to pay via credit card at 800-447-9778. 3.) Fill out and sign the quote authorization page and fax it to Customer Service at 909-793-4801 or email it to service@esri.com Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chad Anderson Email: canderson@esri.com Phone: (651) 454-0600 x8319 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. ANDERSONC This offer is limited to the terms and conditions incorporated and attached herein. 6.46.4 Quotation # Q-544896 Date: April 3, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 192613 Contract # 31574.0 City of Crystal Engineering Dept 4141 Douglas Dr N Minneapolis, MN 55422-1609 To expedite your order, please attach a copy of ATTENTION: Emily Schneider this quotation to your purchase order. PHONE: 612-427-4538 Quote is valid from: 4/3/2025 To: 7/2/2025 EMAIL: emily.schneider@crystalmn.gov The following items are optional items listed for your convenience. These items are not included in the totals of this quotation. Material Qty Unit Price Total 161328 1 $5,959.00 $5,959.00 ArcGIS Enterprise Standard Up to Four Cores Maintenance 166894 8 $381.00 $3,048.00 ArcGIS Enterprise Mobile Worker User Type Annual Subscription Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chad Anderson Email: canderson@esri.com Phone: (651) 454-0600 x8319 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. ANDERSONC This offer is limited to the terms and conditions incorporated and attached herein. 6.46.4 Quotation # Q-544896 Date: April 3, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 192613 Contract # 31574.0 City of Crystal Engineering Dept 4141 Douglas Dr N Minneapolis, MN 55422-1609 To expedite your order, please attach a copy of ATTENTION: Emily Schneider this quotation to your purchase order.PHONE: 612-427-4538 Quote is valid from: 4/3/2025 To: 7/2/2025 EMAIL: emily.schneider@crystalmn.gov _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: ___ I agree to pay any applicable sales tax. ___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date ___________________________________________ Name (Please Print) ___________________________________________ Title _________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chad Anderson Email: canderson@esri.com Phone: (651) 454-0600 x8319 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. ANDERSONC This offer is limited to the terms and conditions incorporated and attached herein. 6.46.4 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2025-__ APPROVE PROFESSIONAL SERVICE AGREEMENT WITH WSB FOR GIS MIGRATION WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure and provide tools necessary for staff to provide tools necessary to provide services to the community; and WHEREAS, the migration away from LOGIS will help staff expand our GIS capabilities; and WHEREAS, staff will be able to more quickly provide applications to Public Works and other departments that will benefit the community; and WHEREAS, staff will no longer be tied to the timelines of LOGIS; and WHEREAS, the rate of return on this investment is approximately 1.5 years. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal hereby approves the scope of work provided by WSB and authorize staff to purchase an Esri License. Adopted this 6th day of May 2025. ______________________________ Julie Deshler, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 6.46.4 Please hand this form to the City Clerk before the meeting begins. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to 10 minutes. (Information provided on this form is open to the public) (please print clearly) The topic I wish to address is: � l >4 t V-V Name: Address:; f Zip Code: �2 Date: rs) Day Phone (optional): Email (optional): Thank you for your attendance and participation.