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2003 Meeting MinutesCity Council Meeting January 7, 2003 602 Pursuant to due call and notice thereof, the regular City Council Meeting was held on Tuesday, January 7, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal Minnesota. The City Clerk administered the oath of office and presented election certificates to Mark Hoffmann and Laurie Ann Moore. The Mayor called the meeting to order. The secretary of the Council called the roll and the following members were present: Krueger, Grimes, Hoffmann, Anderson, Moore, and Meintsma. Absent: Joselyn. Staff members present were: City Manager A. Norris, Fire Chief D. Alexon, Finance Director S. Dunfee, Community Development Director P. Peters, City Attorney S. Bubul, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance to the Flag. OUNCIL MINUTES The Council considered the minutes from the following Council Meetings: ■ City Council meeting of December 17, 2002; • Council work session of December 17, 2002; and ■ Closed executive session of December 26, 2002 Moved by Council Member Grimes and seconded by Council Member Krueger to approve the minutes of the following Council Meetings: ■ City Council meeting of December 17, 2002; ■ Council work session of December 17, 2002 (with one edit); and • Closed executive session of December 26, 2002 Motion carried. CONSENT AGENDA 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. OPEN FORUM No one addressed the Council during open forum. \`ly I.I�y+GROUP.MUMINLouwl�M�nuril00lVn.l-)J1J �Lc 602 City Council Meeting January 7, 2003 603 REGULAR AGENDA 1. The Council considered the appointment of Monica Erickson, 4605 Douglas Drive N, a new member, to the Environmental Quality Advisory Commission for an unexpired term expiring December 31, 2003. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the appointment of Monica Erickson, 4605 Douglas Drive N, as a new member to the Environmental Quality Advisory Commission for an unexpired term expiring December 31, 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 2. The Council considered the appointment of Charles Tostenson, 4371 Brunswick Ave N, a new member representing Ward 2, to the Parks & Recreation Commission, for a three-year term expiring December 31, 2005. Moved by Mayor Meintsma and seconded by Council Member Grimes to approve the appointment of Charles Tostenson, 4371 Brunswick Ave N, as a new member representing Ward 2 to the Parks & Recreation Commission for a three-year term expiring on December 31, 2005. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 3. The Council considered Resolution 2003-01 approving PIR expenditure for the purchase and installation of replacement playground equipment at Twin Oaks Park to Earl F. Anderson. Moved by Council Member Grimes and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-01 RESOLUTION APPROVING PIR EXPENDITURE FOR PURCHASE AND INSTALLATION OF REPLACEMENT PLAYGROUND EQUIPMENT AT TWIN OAKS PARK Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 603 f� i City Council Meeting January 7, 2003 604 4. The Council considered the request to transfer $3,500 from charitable contribution funds to the Recreation Scholarship Fund for activity assistance. Moved by Council Member Hoffmann and seconded by Council Member Moore to approve the request to transfer $3,500 from charitable contribution funds to the Recreation Scholarship Fund for activity assistance. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 5. The Council considered the appointment of City Manager Anne Norris as the Hennepin Recycling Group Board Member for the City of Crystal for the year 2003. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve the appointment of City Manager Anne Norris as the Hennepin Recycling Group Board Member for the City of Crystal for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 6. The Council considered Wells Fargo Bank MN, NA - Crystal Branch as the official depository for the City of Crystal for the year 2003. Moved by Council Member Grimes and seconded by Council Member Moore to approve Wells Fargo Bank MN, NA - Crystal Branch as the official depository for the City of Crystal for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 7. The Council considered the appointment of Mayor Pro Tem for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Anderson to approve Tom Krueger as Mayor Pro Tem for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 604 City Council Meeting January 7, 2003 605 8. The Council considered the appointment of Council liaison to the Parks and Recreation Advisory Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve Dave Anderson as Council liaison to the Parks and Recreation Advisory Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 9. The Council considered the appointment of Council liaison to the Environmental Quality Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Grimes to approve Laurie Ann Moore as Council liaison to the Environmental Quality Advisory Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 10.The Council considered the appointment of Council liaison to the Human Rights Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Hoffmann to approve Garry Grimes as Council liaison to the Human Rights Advisory Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 11. The Council considered the appointment of Council liaison to the Planning Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve Mark Hoffmann as Council liaison to the Planning Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 605 1 City Council Meeting January 7, 2003 606 12.The Council considered the appointment of Council liaison to the Financial Advisory Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Hoffmann to approve Tom Krueger as Council liaison to the Financial Advisory Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 13. The Council considered the appointments as representative and alternate to the Association of Metropolitan Municipalities for the year 2003. Moved by Council Member Hoffmann and seconded by Council Member Krueger to approve Mayor Meintsma as representative and City Manager Anne Norris as alternate to the Association of Metropolitan Municipalities the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 14. The Council considered the designation of an AMM legislative contact and an alternate for the year 2003. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve Mayor Meintsma as representative and City Manager Anne Norris as alternate as AMM legislative contacts for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 15.The Council considered the appointments to the Northwest Suburbs Cable Communications Commission for the year 2003. Moved by Council Member Grimes and seconded by Council Member Moore to approve Jack Irving and City Manager Anne Norris as representatives to the Northwest Suburbs Cable Communications Commission for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. O City Council Meeting January 7, 2003 607 16. The Council considered Resolution 2003-02 appointing representatives to the West Metro Fire District Board of Directors: Council Member David Anderson for a two-year term expiring on December 31, 2004, Mayor Meintsma for an unexpired term expiring December 31, 2003, and Public Member Gary Laurant for a two-year term expiring December 31, 2004. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-02 RESOLUTION APPROVING APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE WEST METRO FIRE -RESCUE DISTRICT Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 17. The Council considered the appointments of Board Member and Alternate Board Member to the Northwest Hennepin Human Services Council for the year 2003. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve City Manager Anne Norris as Board Member and Community Development Director Patrick Peters as Alternate Board Member to the Northwest Hennepin Human Services Council for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 18. The Council considered the appointment for a representative to the Five Cities Senior Transportation Executive Committee for the year 2003. Moved by Council Member Hoffmann and seconded by Council Member Krueger to approve Recreation Supervisor Jeanne Fackler as a representative to the Five Cities Senior Transportation Executive Committee for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 607 City Council Meeting January 7, 2003 608 19. The Council considered the appointment of Board Member and Alternate Board Member to Local Government Information Systems (LOGIS) for the year 2003. Moved by Council Member Krueger and seconded by Council Member Moore to approve City Manager Anne Norris as Board Member and Police Chief Harry Algyer as Alternate Board Member to LOGIS for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 20. The Council considered the appointment of Director and Alternate Director to Pets Under Police Security (PUPS) Board of Directors for the year 2003. Moved by Council Member Moore and seconded by Council Member Anderson to approve Police Captain Craig Thomseth as Director and Police Chief Harry Algyer as Alternate Director to PUPS for the year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 21. The Council considered the reappointment of Darlene George to the Employee Review Board for a three-year term expiring December 31, 2005. Moved by Council Member Grimes and seconded by Council Member Krueger to approve the reappointment of Darlene George to the Employee Review Board for a three-year term expiring December 31, 2005. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. 22. The Council considered the reappointment of William Gentry and Liz Reid to the Parks & Recreation Commission for three-year terms expiring December 31, 2005. Moved by Council Member Grimes and seconded by Council Member Anderson to approve the reappointment of William Gentry and Liz Reid to the Parks & Recreation Commission for three-year terms expiring December 31, 2005. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. M. City Council Meeting January 7, 2003 .� • 23.The Council considered the designation of the Sun Post as the primary legal newspaper and the Star Tribune as the secondary legal newspaper for the City of Crystal for year 2003. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve the Sun Post as the primary legal newspaper and the Star Tribune as the secondary legal newspaper for the City of Crystal for year 2003. Voting aye: Anderson, Krueger, Hoffmann, Meintsma, Grimes, and Moore; Absent, not voting: Joselyn. Motion carried. Informal Discussion and Announcements The Council discussed the following items: ■ Setting a regular date for Council work sessions to be held on the second Thursday each month; Setting a date for a work session to discuss the City Manager's employment contract to be held on either January 16th at 6:00 p.m. or immediately following the January 21St Council Meeting; The Joint Water Commission Council Meeting with New Hope, Golden Valley, and Crystal is tentatively for January 28; and Council Member Grimes distributed his report from the NLC Conference. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 7:34 p.m. ATTEST: J et Lewis, City Clerk Motion carried. .I• City Council minutes January 21, 2003 611 Pursuant to due call and notice thereof, the regular City Council Meeting was held on Tuesday, January 21, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following members were present: Krueger, Grimes (arrived at 7:08), Hoffmann, Anderson, Moore, Joselyn, and Meintsma. Staff members present were City Manager A. Norris, Finance Director S. Dunfee, Community Development Director P. Peters, City Attorney S. Bubul, City Planner J. Sutter, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance to the Flag. The Mayor proclaimed February as "We care about kids month" in the City of Crystal. The City Clerk administered the oath of office and presented an election certificate to Gary Joselyn as Ward 2 Council Member. COUNCIL MINUTES 1. The Council considered the minutes from the following Council Meetings: ■ Regular City Council Meeting from January 7, 2003; and ■ Work Session from January 7, 2003 Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes with a correction to No. 16 of the regular agenda to include the names of those appointed to the West Metro Fire Board of Directors. ■ Regular City Council Meeting from January 7, 2003; and ■ Work Session from January 7, 2003 Motion carried. CONSENT AGENDA Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Acceptance of Tess Moleski's resignation from the Human Rights Commission. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the consent agenda. Motion carried. 611 City Council minutes PUBLIC HEARING January 21, 2003 612 It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider the off -sale liquor license application at 5924 West Broadway submitted by Aaron Halloran. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: Aaron Halloran, Belle Plaine, MN (applicant) The Mayor declared the public hearing closed. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-03 RESOLUTION DENYING APPLICATION BY AARON HALLORAN FOR AN OFF -SALE LIQUOR LICENSE Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried, resolution declared adopted C�]�r�i7itrL�1 No one addressed the Council during open forum. REGULAR AGENDA The Council considered imposing a civil penalty for SuperValu, Inc. d.b.a. Cub Foods located at 5301 — 36th Ave N., for the violation of ordinances and laws relating to the illegal sale of 3.2 malt liquor to an underage person. Mr. Tom Fable, attorney for Cub Foods, addressed the Council on this matter. Licensee Recommended Civil Penalty Violation Date Supervalu Inc. d.b.a. $2,000 fine and a 10 -day 6/7/2002 CUB Foods license suspension Violation occurred on a 5301 —36 th Ave N Friday. (Previous violations occurred on 9/1/99 and 12/9/00) 612 1 City Council minutes January 21, 2003 613 Moved by Council Member Grimes and seconded by Council Member Joselyn to approve the civil penalty for a $2,000 fine and 10 -day license suspension, the suspension day beginning on the same day of the week that the violation occurred with staff determining the suspension dates and fine due date for the violation of ordinances and laws relating to the illegal sale of 3.2 malt liquor to an underage person by Supervalu Inc. d.b.a. CUB Foods at 5301 — 36th Ave N. Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried. 2. The Council considered Resolution 2003-04 establishing a schedule of fines for the Administrative Enforcement Program. Community Development Director P. Peters presented to the Council. Moved by Council Member Krueger and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-04 RESOLUTION ESTABLISHING A SCHEDULE OF FINES FOR THE ADMINISTRATIVE ENFORCEMENT PROGRAM Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried, resolution declared adopted. 3. The Council considered the variance request at 4228 Brunswick Avenue North to reduce the required setback from 20 feet to 8 feet for a detached garage facing an alley and to increase the maximum rear yard structure coverage from 30% to 40%. City Planner J. Sutter presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Grimes to deny the variance request to reduce the required setback from 20 feet to 8 feet for a detached garage facing an alley at 4228 Brunswick Ave N, based on the findings of fact in Section C (1) of the staff report. Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried. 613 City Council minutes January 21, 2003 614 Moved by Council Member Krueger and seconded by Council Member Hoffmann to grant the variance request to increase the maximum rear yard structure coverage from 30% to 40%, at 4228 Brunswick Ave N, based on the findings of fact in Section C (2) of the staff report. Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried. 4. The Council considered Resolution 2003-05 approving the 2002 Budget amendments. Finance Director S. Dunfee presented to the Council. Moved by Council Member Anderson and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-05 RESOLUTION APPROVING THE 2002 BUDGET AMENDMENTS Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried, resolution declared adopted. 5. The Council considered Resolution 2003 - 06 approving the 2003 Special Revenue, Debt Service, Capital Projects and Internal Service Fund Budgets. Finance Director S. Dunfee presented to the Council. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-06 RESOLUTION APPROVING THE 2003 SPECIAL REVENUE, DEBT SERVICE, CAPITAL PROJECTS AND INTERNAL SERVICE FUND BUDGETS By roll call and voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried, resolution declared adopted. 614 City Council minutes January 21, 2003 615 6. The Council considered the 2003 Contract with Law Enforcement Labor Services, Local #56 (police supervisors). City Manager A. Norris reviewed the contracts (on both #6 and #7) with the Council and answered questions. Moved by Council Member Grimes and seconded by Council Member Joselyn to approve the 2003 Contract with Law Enforcement Labor Services Local #56. By roll call and voting aye Moore, Anderson, Grimes, Hoffmann, Joselyn, and Meintsma. Voting no: Krueger. Motion carried. 7. The Council considered the 2003 Contract with Law Enforcement Labor Services, Local #44 (police officers). Moved by Council Member Grimes and seconded by Council Member Anderson to approve the 2003 Contract with Law Enforcement Labor Services Local #44. By roll call and voting aye: Anderson, Grimes, Hoffmann, Joselyn, Meintsma, and Moore. Voting no: Krueger. Motion carried. 8. The Council considered the revised Council Meeting Schedule. The Council unanimously consented to approve the revised meeting schedule which included a change in the start time on November 4 from 7:00 to 8:00 p.m. 9. The Council considered the reappointment of Les Renschler and James Einfeld-Brown to the Human Rights Commission for three-year terms expiring December 31, 2005. Moved by Mayor Meintsma and seconded by Council Member Grimes to approve the reappointment of Les Renschler and James Einfeldt-Brown to the Human Rights Commission for three-year terms expiring December 31, 2005. Voting aye: Grimes, Krueger, Moore, Joselyn, Anderson, Hoffmann and Meintsma. Motion carried. 615 City Council minutes January 21, 2003 616 INFORMAL DISCUSSION AND ANNOUNCEMENTS ■ Reminder of the Joint Water Commission Council Meeting with New Hope, Golden Valley, and Crystal (January 28). ■ Reminder of the next Council work session on February 13 beginning at 6:00 p.m. to discuss franchise fees and then at 7:30 p.m. to discuss the pool study with the Parks & Recreation Commission. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 8:05 p.m. eter E. Meintsma, ayor ATTEST: L J et Lewis, City Clerk 616 City Council minutes February 4, 2003 619 Pursuant to due call and notice thereof, the regular City Council Meeting was held on Tuesday, February 4, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Grimes, Krueger, Moore, Joselyn, Hoffmann, and Meintsma. Council Member Anderson was absent. Staff members present were: City Manager A. Norris, City Attorney S. Bubul, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance to the Flag. COUNCIL MINUTES 1. The Council considered the minutes from the following Council Meetings: ■ Regular City Council Meeting from January 21, 2003; ■ Work Session from January 21, 2003; and ■ Closed Executive Session from January 21, 2003. Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes listed below with a grammatical correction to the motion found on page 613, regular agenda number 3. ■ Regular City Council Meeting from January 21, 2003; ■ Work Session from January 21, 2003; and ■ Closed Executive Session from January 21, 2003. Motion carried. CONSENT AGENDA 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit to use, consume, and display wine & beer for a wedding at the Crystal Community Center on May 10, 2003, submitted by Southchay Bayphrachanh. 4. Adopt Resolution 2003-07 approving Police Equipment Revolving Fund Expenditure for the purchase of two police patrol vehicles. 5. Adopt Resolution 2003-08 approving Police Equipment Revolving Fund Expenditure for the purchase of one police investigations vehicle. Moved by Council Member Hoffmann and seconded by Council Member Moore to approve the consent agenda. Motion carried. 619 City Council minutes February 4, 2003 620 PUBLIC HEARINGS 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider the Off -sale 3.2 malt liquor license application for Home Town Market at 4711 — 36th Ave N, submitted by Sami Youssef Gerges. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: ■ Applicant Sami Youssef Gerges The Mayor declared the first public hearing closed. Moved by Council Member Krueger and seconded by Council Member Grimes to approve the Off -sale 3.2 malt liquor license application for Home Town Market at 4711 —36 th Ave N, submitted by Sami Youssef Gerges. Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider the On -sale 3.2 malt liquor license application for Vietiane Restaurant at 5600 Bass Lake Road, submitted by Sam Souvanxaylop. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: ■ Applicant Sam Souvanxalop ■ Delores Morris, 5637 Xenia Ave N expressed her objection to this license by phone to the city clerk. The Mayor declared the second public hearing closed. Moved by Council Member Joselyn and seconded by Council Member Moore to approve the On -sale 3.2 malt liquor license application for Vietiane Restaurant at 5600 Bass Lake Road, submitted by Sam Souvanxaylop Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. OPEN FORUM No addressed the Council during open forum. Motion carried. 620 City Council minutes February 4, 2003 621 REGULAR AGENDA 1. The Council considered the new commission appointment for Mike Aasen, 4634 Colorado Ave N, to the Environmental Quality Commission for an unexpired term expiring on December 31, 2004. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the new commission appointment for Mike Aasen, 4634 Colorado Ave N, to the Environmental Quality Commission for an unexpired term expiring on December 31, 2004. Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried. 2. The Council considered the 2003 wages and benefits for non -represented employees. Moved by Council Member Grimes and seconded by Council Member Joselyn to approve the 2003 wages and benefits for non -represented employees. Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried. 3. The Council considered Resolution 2003-09 approving the final payment for contractor services on the Phase 5 Street Reconstruction Project. RESOLUTION NO. 2003-09 RESOLUTION APPROVING THE FINAL PAYMENT FOR CONTRACTOR SERVICES ON THE PHASE 5 STREET RECONSTRUCTION PROJECT Moved by Council Member Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried, resolution declared adopted. Regular agenda continued 621 City Council minutes February 4, 2003 622 4. The Council considered the reappointment of Edwin Krueger, Jr., Richard VonRueden, and Joseph Sears to the Planning Commission for three-year terms expiring December 31, 2005. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the reappointment of Edwin Krueger, Jr., Richard VonRueden, and Joseph Sears to the Planning Commission for three year terms expiring December 31, 2005. Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried. 5. The Council considered Resolution 2003-10 establishing fees for licenses for lawn fertilizer application control; amending Appendix IV of the Crystal City Code Fee Schedule. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-10 RESOLUTION ESTABLISHING FEES FOR LICENSES FOR LAWN FERTILIZER APPLICATION CONTROL; AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE FEE SCHEDULE Voting aye: Grimes, Meintsma, Hoffmann, Moore, Joselyn, and Krueger; absent, not voting: Anderson. Motion carried, resolution declared adopted. INFORMAL DISCUSSION AND ANNOUNCEMENTS City Manager A. Norris reminded the Council about the work session on Thursday, February 13 beginning at 6:00 p.m. to discuss franchise fees and a pool study. 622 11 1 City Council minutes February 4, 2003 623 Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:26 p.m. ATTEST: 11-112 J/ J et Lewis, City Clerk 1 101 MIRNMEMM 623 City Council Minutes February 18, 2003 626 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, February 18, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Staff members present were: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, City Planner J. Sutter, Community Development Director P. Peters, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the following Council Meetings: • Work Session from January 28, 2003 with the Joint Water Commission, and city councils of New Hope, Golden Valley, and Crystal; • Regular City Council meeting from February 4, 2003; • Council Work Session from February 4, 2003 and • Council Work Session from February 13, 2003. Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes of the following Council Meetings, with one change to delete the last sentence from paragraph one on page 621: • Work Session from January 28, 2003 with the Joint Water Commission, and city councils of New Hope, Golden Valley, and Crystal; • Regular City Council meeting from February 4, 2003; • Council Work Session from February 4, 2003 and • Council Work Session from February 13, 2003. Motion carried. Consent Agenda Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 2. Approval of disbursements over $15,000 submitted by the finance director to the City Council, a list that is on file in the office of the finance director. 3. Approval of the appointment for City Forester James Burks as the Assistant Weed Inspector in the City of Crystal. I I Ni 1l l' -'I ', 1"n 1"_` -'inn' I I'll Jar 626 City Council Minutes February 18, 2003 627 4. Adoption of Resolution 2003-11 approving Utilities CIP expenditure for replacement of a one -ton, 4WD service truck. 5. Adoption of Resolution 2003-12 approving PIR expenditure for the purchase of a replacement oil heater and crack sealer for the Street Department. 6. Approval of setting a meeting date for the Local Board of Appeal and Equalization to be held on May 6, 2003. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. Public Hearing It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider Resolution 2003-13 approving the Community Development Block Grant (CDBG) allocation for program year 2003. The Mayor asked those present to voice their opinions or ask questions concerning the matter. • Julie Damsel from the Greater Minneapolis Daycare Association thanked the Council for their past and present financial support. The Mayor declared the public hearing closed. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-13 RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR THE CITY OF CRYSTAL'S 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF THE SUB RECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 627 City Council Minutes February 18, 2003 628 Open Forum No one addressed the Council during open forum. Regular Agenda The Council considered authorizing the execution of contract with SRF Consulting Group, Inc. for the Crystal Heights Preliminary Redevelopment Plan. Community Development Director Patrick Peters presented to the Council and audience. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to authorize the execution of contract with SRF Consulting Group, Inc. for the Crystal Heights Preliminary Redevelopment Plan. Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried. 2. The Council considered the list of hearing officers for the Administrative Enforcement Program. Community Development Director Patrick Peters presented to the Council and audience. Moved by Council Member Krueger and seconded by Council Member Grimes to approve the list of hearing officers for the Administrative Enforcement Program. Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried. 3. The Council considered the task force membership for Bass Lake Road and County Road 81 station area planning. Community Development Director Patrick Peters presented to the Council and audience. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to approve the following task force membership for Bass Lake Road & County Road 81 station area planning: Garry Grimes Patrick Peters Gene Hackett John Sutter Dick VonRueden Kris Graham Willis Kusske Kuke Kujawa Joe Harris Jim Demetriou David Johnson (unconfirmed) Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried. 628 City Council Minutes February 18, 2003 629 4. The Council considered Resolution 2003-14 authorizing the Joint Water Commission to undertake feasibility studies regarding the development of a water supply system. Public Works Director Tom Mathisen presented to the Council and audience. Moved by Council Member Joselyn and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-14 RESOLUTION AUTHORIZING THE JOINT WATER COMMISSION TO UNDERTAKE FEASIBILITY STUDIES REGARDING THE DEVELOPMENT OF A WATER SUPPLY SYSTEM Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 5. The Council considered the 2003 Labor Agreement with the International Union of Operating Engineers, Local 49 (Public Works). Moved by Council Member Grimes and seconded by Council Member Moore to approve the 2003 Labor Agreement with the International Union of Operating Engineers, Local 49 (Public Works). Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried. 6. The Council considered Resolution 2003-15 approving Year 2003 Forestry Department contract for tree pruning to Rainbow Tree Service. Moved by Council Member Krueger and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 629 1 City Council Minutes February 18, 2003 630 RESOLUTION NO. 2003-15 RESOLUTION APPROVING YEAR 2003 FOREST DEPARTMENT CONTRACT FOR TREE PRUNING Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 7. The Council considered Resolution 2003-16 approving the preparation of plans, specifications, and advertisement for bids for the Bassett Creek Park tennis courts rehabilitation. Public Works Director Tom Mathisen presented to the Council and audience. Moved by Council Member Joselyn and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-16 RESOLUTION APPROVING THE PREPARATION OF PLANS, SPECIFICATIONS, AND ADVERTISEMENT FOR BIDS FOR BASSETT CREEK PARK TENNIS COURTS REHABILITATION Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 8. The Council considered Resolution 2003-17 awarding the contract to Markhurd for aerial photography and mapping for phases 6-8 of the street reconstruction project No. 2003-4. Public Works Director Tom Mathisen presented to the Council and audience. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 630 City Council Minutes February 18, 2003 631 RESOLUTION NO. 2003-17 RESOLUTION AWARDING CONTRACT FOR AERIAL PHOTOGRAPHY AND MAPPING FOR PHASES 6-8 OF THE STREET RECONSTRUCTION, PROJECT NO. 2003-4 Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 9. The Council received the presentation on street construction financing from Public Works Director Tom Mathisen and then consideration Resolution 2003-18 supporting legislation to provide improved funding options for city street improvements. Moved by Council Member Grimes and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-18 RESOLUTION SUPPORTING LEGISLATION TO PROVIDE FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 10. The Council received an update from Public Works Director Tom Mathisen on the National Pollution Discharge Elimination System (NPDES) Phase 2 and then considered the contract with TKDA for permit development. Moved by Council Member Hoffmann and seconded by Council Member Moore to approve the contract with TKDA for permit development. Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried. 631 City Council Minutes February 18, 2003 632 11. The Council considered Resolution 2003-19 approving the Bassett Creek Watershed Management Organization (BCWMO) CIP Funding Mechanism. Public Works Director Tom Mathisen presented to the Council and audience. Moved by Council Member Moore and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-19 RESOLUTION APPROVING THE BASSETT CREEK WATERSHED MANAGEMENT ORGANIZATION CIP FUNDING MECHANISM Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. 12. The Council considered Resolution 2003-20 approving the 2003 employment contract with City Manager Anne Norris. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION 2003-20 RESOLUTION APPROVING EMPLOYEMENT CONTRACT WITH ANNE NORRIS, CITY MANAGER Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried; resolution declared adopted. 13. The Council considered Resolution 2003-21 declaring the official intent of the City of Crystal to reimburse certain expenditures from the proceeds of bonds to be issued by the city (West Metro Fire District Equipment). Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 632 City Council Minutes February 18, 2003 633 RESOLUTION NO. 2003-21 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF CRYSTAL TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY Voting aye: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Motion carried, resolution declared adopted. Informal discussion and announcements • City Manager A. Norris invited the Council to the TwinWest Annual State of the City Meeting and Luncheon at 11:45 a.m. on Wednesday, February 19, 2003. • She asked the Council to review the article on the Governor's 2004-05 budget proposal in the AMM News handout. Moved by Council Member Hoffmann and seconded by Mayor Meintsma to adjourn the meeting. Motion carried. The meeting adjourned at 8:12 p.m. 6a Peter E. Meintsma, ayor Attest: J et Lewis, City Clerk 633 LJ Council Meeting minutes March 4, 2003 636 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, March 4, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Staff members present were: City Manager A. Norris, City Attorney S. Bubul, Community Development Director P. Peters, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the following Council Meetings: ■ Regular City Council Meeting from February 18, 2003; and ■ Council Work Session from February 18, 2003. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to approve the minutes of the following Council Meetings with one change on page 628, item #3 to add the names of the individuals appointed. ■ Regular City Council Meeting from February 18, 2003; and ■ Council Work Session from February 18, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Adopt Resolution 2003-22 approving PIR expenditure to purchase replacement floor tile in the Activity Room at the Crystal Community Center. Moved by Council Member Krueger and seconded by Council Member Moore to approve the consent agenda. Motion carried. Open Forum Debra Moulder from 5340 Hanson Court addressed the Council with her concerns with finding affordable housing in Crystal for single income families. The Council directed Ms. Moulder to contact Community Development Director P. Peters. t C.—I M.—IMI ---I d 636 Council Meeting minutes March 4, 2003 637 Regular Agenda 1. The Council considered Resolution 2003-23 opposing the closure of any suburban courthouse and requesting Hennepin County District Court to share information and cooperatively examine possible solutions for State funding cuts. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-23 RESOLUTION OPPOSING THE CLOSURE OF ANY SUBURBAN COURTHOUSE AND REQUESTING HENNEPIN COUNTY DISTRICT COURT TO SHARE INFORMATION AND COOPERATIVELY EXAMINE POSSIBLE SOLUTIONS FOR STATE FUNDING CUTS. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 2. The Council considered Resolution 2003-24 supporting $30 Million in Transportation Bonding Authority for the busway rapid transit in the Northwest Corridor. Community Development Director P. Peters presented this resolution to the Council. Moved by Council Member Anderson and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-24 RESOLUTION SUPPORTING $30 MILLION IN TRANSPORTATION BONDING AUTHORITY FOR THE BUSWAY RAPID TRANSIT IN THE NORTHWEST CORRIDOR Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 3. The Council considered designating two Council Members to serve on the Joint Water Commission's (JWC) Finance and Governance Subcommittee. Moved by Mayor Meintsma and seconded by Council Member Grimes to designate Council Member Hoffmann and Council Member Krueger to serve on the Joint Water Commission's Finance and Governance Subcommittee. 1 1.-1 -0.4- &. 637 L� Council Meeting minutes March 4, 2003 638 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 4. The Council considered setting a date for a work session with New Hope's City Council to discuss and receive emergency management training. Moved by Council Member Anderson and seconded by Council Member Moore to approve Monday, April 7, 2003 at 7:00 p.m. as the date and time for a work session with New Hope's City Council to discuss and receive emergency management training. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. Informal discussion and announcements ■ The City Manager reminded the Council about the work session on March 13 at 6:00 p.m. to discuss the HRG curbside collection survey and future phases of the street reconstruction project. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:20 p.m. Peter E. Meintsma, ayor ATTEST: Ja t Lewis, City Clerk (, 11Alinu1cs311111 mini -0J-0)- 638 City Council Minutes March 18, 2003 640 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, March 18, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Staff members present were: City Manager A. Norris, City Attorney S. Bubul, Community Development Director P. Peters, Public Works Director T. Mathisen, Police Chief H. Algyer, Fire Chief D. Alexon, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. Valerie Jones (NWHHSC) presented winning artwork from the NW Regional Human Rights Coalition Art Contest to the Council. COUNCIL MINUTES 1. The Council considered the minutes from the following Council Meetings: ■ Regular City Council Meeting from March 4, 2003; ■ Council Work Session from March 4, 2003; and ■ Council Work Session from March 13, 2003. Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes of the following Council Meetings: ■ Regular City Council Meeting from March 4, 2003; ■ Council Work Session from March 4, 2003; and ■ Council Work Session from March 13, 2003. Motion carried. CONSENT AGENDA 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a parking license agreement with Crystal-Robbinsdale Home Association for permission to use the Knights of Columbus parking lot for the Northwest Suburban Remodeling Fair. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. 1, I -d Ml. -,2-1111111 I -3J- 640 City Council Minutes March 18, 2003 641 OPEN FORUM Mr. Bob Anderson representing Bibles for Missions at 4701 — 36th Ave N addressed the Council about a code violation relating to an outdoor cargo container. The Council referred Mr. Anderson to City Planner J. Sutter. REGULAR AGENDA 1. The Council considered the new appointment of Lisa Snyder, 3612 Xenia Ave. N., to the Human Right Commission for an unexpired term expiring December 31, 2004. Moved by Mayor Meintsma and seconded by Council Member Anderson to approve the new appointment of Lisa Snyder, 3612 Xenia Ave. N., to the Human Rights Commission for an unexpired term expiring December 31, 2004. Voting aye: Joselyn, Grimes, Meintsma, Krueger, Hoffmann, Anderson, and Moore. Motion carried. 2. The Council considered a private kennel license application at 3133 Winnetka Ave. N. submitted by Susan Geronsin. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the private kennel license application at 3133 Winnetka Ave. N. submitted by Susan Geronsin with the condition that quarterly inspections will be conducted by the Animal Control Officer. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 3. The Council considered Resolution 2003-25 approving the execution of a four- year contract with Hennepin County for assessing services in the City of Crystal. Moved by Council Member Krueger and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-25 RESOLUTION APPROVING THE EXECUTION OF A CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES IN THE CITY OF CRYSTAL 641 i City Council Minutes March 18, 2003 642 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 4. The Council considered Resolution 2003-26 accepting the Street Reconstruction Overall Study Final Report and authorizing preliminary work on the next phases, Project #2001-17. Public Works Director T. Mathisen introduced Paul Pasco from SEH, Inc. who presented the report. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-26 RESOLUTION ACCEPTING THE STREET RECONSTRUCTION OVERALL STUDY FINAL REPORT AND AUTHORIZING PRELIMINARY WORK ON THE NEXT PHASES, PROJECT #2001-17 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 5. The Council considered Resolution 2003-27 awarding contract for Bassett Creek Park Tennis Courts Rehabilitation Project #2002-4 to Dermco-Lavine, the lowest bidder. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-27 RESOLUTION AWARDING CONTRACT FOR BASSETT CREEK PARK TENNIS COURTS REHABILITATION PROJECT #2002-4 TO DERMCO-LAVINE Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. -l — � J, 642 City Council Minutes March 18, 2003 643 6. The Council considered Resolution 2003-28 establishing a moratorium on development within the CSAH 81 corridor. Community Development Director P. Peters presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-28 RESOLUTION ESTABLISHING A MORATORIUM ON DEVELOPMENT WITHIN THE CSAH 81 CORRIDOR Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 7. The Council considered the First Reading of an ordinance establishing a one- year moratorium on the development of certain property within the CSAH 81 corridor and directing that a planning study be conducted. Community Development Director P. Peters presented to the Council. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTY WITHIN THE CSAH 81 CORRIDOR AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED and further, that the second reading be held on April 1, 2003. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 8. The Council considered the appointment of Garry Grimes to the NW Suburbs Cable Communications Commission for the year 2003. Moved by Mayor Meintsma and seconded by Council Member Joselyn to appoint Garry Grimes to the NW Suburbs Cable Communications Commission for an unexpired term expiring on December 31, 2003. O (1.1111 Afi-.21 l -.3 -I% -OI Ju. 643 i City Council Minutes March 18, 2003 644 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 9. The Council considered Resolution 2003-29 authorizing the acquisition and funding of 800 MHZ radio equipment and a replacement aerial truck for West Metro Fire District. Fire Chief D. Alexon addressed the Council's questions. Moved by Council Member Anderson and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-29 RESOLUTION AUTHORIZING THE ACQUISITION AND FUNDING OF 800 MHZ RADIO EQUIPMENT AND A REPLACEMENT AERIAL TRUCK FOR WEST METRO FIRE DISTRICT Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. INFORMAL DISCUSSION AND ANNOUNCEMENTS City Manager A. Norris invited the Council to the employee breakfast on March 25, 2003. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 8:25 p.m. Peter E. Meintsma, Mayor ATTEST: <,l Jan�iLewis, City Clerk Motion carried. O (.-1 AlinulealOpJ-.1-1—dew 644 Council minutes April 1, 2003 646 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, April 1, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann, and Grimes. Staff members present were: City Manager A. Norris, City Attorney M. Tietjen, Community Development Director P. Peters, Public Works Director T. Mathisen, Police Chief H. Algyer, Police Captain D. Oyaas, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. COUNCIL MINUTES 1. The Council considered the minutes from the following meetings: ■ Regular City Council Meeting from March 18, 2003; and the ■ Council Work Session from March 18, 2003. Moved by Council Member Joselyn and seconded by Council Member Moore to approve the minutes of the following meetings: ■ Regular City Council Meeting from March 18, 2003; and the ■ Council Work Session from March 18, 2003. Motion carried. CONSENT AGENDA 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. OPEN FORUM No one addressed the Council during open forum. G-\Council\Minutes2003\minO4-01-03.doc 646 Council minutes April 1, 2003 647 REGULAR AGENDA 1. The Council considered Resolution 2003-30 appointing representatives to the Bassett Creek Watershed Management Organization for unexpired terms expiring January 31, 2006. The pad representatives are as follows: Pauline Langsdorf as commissioner, David Anderson as alternate commissioner, and Tom Mathisen as advisor to the technical advisory committee. Moved by Mayor Meintsma and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-30 RESOLUTION APPOINTING REPRESENTATIVES TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION Voting aye: Anderson, Joselyn, Grimes, Meintsma, Moore, Hoffmann, and Krueger. Motion carried, resolution declared adopted. 2. The Council received an update and presentation from Public Works Director T. Mathisen on the rehabilitation of a 48 -year old, 30 inch corrugated metal trunk line in the sanitary sewer. He is recommending that the trunk be relined this year. 3. The Council considered the Second Reading Ordinance 2003-1 establishing a one- year moratorium on the development of certain property within the CSAH 81 corridor and directing that a planning study be conducted. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003-1 AN INTERIM ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTY WITHIN THE CSAH 81 CORRIDOR AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED and further, that this is the second and final reading. Voting aye: Anderson, Joselyn, Grimes, Meintsma, Moore, Hoffmann, and Krueger. Motion carried. G:\Council\Minutes2003\mm04-01-03.doe 647 Council minutes April 1, 2003 648 4. The Council considered the First Reading of two ordinances establishing franchise fees. City Manager A. Norris summarized the ordinances and answered the Council's questions. Mr. Al Swintek from Center Point Energy addressed the Council. Mr. Jim Rhodes from Xcel Energy submitted a letter to the Council. Discussion included where the city will designate the fees collected, how fees may be collected, and the need for citizen input. These considerations will be addressed before June 3, 2003. A. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D.B.A. XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CRYSTAL and further, that the second reading be held on June 3, 2003. By roll call and voting aye: Anderson, Grimes, Hoffmann, Joselyn, Meintsma, and Moore. Voting no: Krueger. Motion carried 6 to 1. B. Moved by Council Member Grimes and seconded by Council Member Anderson to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING GAS SERVICE WITHIN THE CITY OF CRYSTAL and further, that the second reading be held on June 3, 2003. By roll call and voting aye: Grimes, Hoffmann, Joselyn, Meintsma, Moore and Anderson. Voting no: Krueger. Motion carried 6 to 1. G.\Council\Minutes2003\min04-01-03. doc 648 Council minutes April 1, 2003 649 5. The Council considered Resolution 2003-31 approving expenditure for Federal Grant Local Match Funds in the amount of $754.00. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-31 RESOLUTION APPROVING EXPENDITURE FOR FEDERAL GRANT LOCAL MATCH FUNDS Voting aye: Anderson, Joselyn, Grimes, Meintsma, Moore, Hoffmann, and Krueger. Motion carried, resolution declared adopted. 6. The Council considered Resolution 2003-32 calling on the Minnesota Legislature to preserve local government control. Moved by Mayor Meintsma and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-32 RESOLUTION CALLING ON THE MINNESOTA LEGISLATURE TO PRESERVE LOCAL GOVERNMENT CONTROL Voting aye: Anderson, Joselyn, Grimes, Meintsma, Moore, Hoffmann, and Krueger. Motion carried, resolution declared adopted. INFORMAL DISCUSSION AND ANNOUNCEMENTS City Manager A. discussed the following items with the Council: April 7th: Joint Work Session with New Hope's City Council to begin at 6:00 p.m. and include discussion for joint police programming with New Hope. April 10th: Annual Commission Appreciation Dinner begins at 6:00 p.m. at the St. Petersburg Restaurant in Robbinsdale April 5th: Annual Remodeling Fair will be held at the Crystal Community Center from 9:00 a.m. — 3:00 p.m. G•\Council\Minutes2003\min04-01-03 doe 649 1 Council minutes April 1, 2003 650 The Council and City Manager reviewed a possible work session date to discuss budget reduction strategies and agreed to discuss at the May work session (May 8th) Moved by Council Member Hoffmann and seconded by Mayor Meintsma to adjourn the meeting. Motion carried. The meeting adjourned at 7:58 p.m. ATTEST: Jan Lewis, City Clerk G:\Council\Minutes2003\minO4-01-03.doc 650 Council Meeting minutes April 15, 2003 653 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, April 15, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. The secretary of the Council called the roll and the following Council Members were present: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes. Council Member Joselyn was absent. Staff Members in attendance were City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Fire Inspector A. Surratt, Recreation Director G. Hackett, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. The Mayor acknowledged the $250 donation received from the Municipal Clerks & Finance Officers Association for training at the Minnesota Municipal Clerks Institute. The Mayor declared the week of April 19 — 26, 2003 to be The Great Shingle Creek Watershed Clean -Up Week. Plymouth Council Member Ginny Black presented to the Council as well. The Mayor declared April 26, 2003 as Earth Day and Arbor Day. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Regular City Council Meeting from April 1, 2003; and ■ Joint New Hope and Crystal Council Work Session from April 7, 2003 Moved by Council Member Krueger and seconded by Council Member Moore to approve the minutes of the following meetings with one correction on page 647, regular agenda item # 1 to include the names of those appointed: ■ Regular City Council Meeting from April 1, 2003; and ■ Joint New Hope and Crystal Council Work Session from April 7, 2003 Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 653 Council Meeting minutes April 15, 2003 654 3. Approval of a lawful gambling exempt permit application for the St. Raphael Church to conduct bingo, raffles, and pull -tabs at their annual festival on August 1 — 3, 2003 submitted by Father Mark Juettner. 4. Approval of a transient merchant license application to sell flowers on April 18 — 20 and May 9 — 11 at various locations in Crystal submitted by Thomas Fugate d.b.a. Rose Express. Moved by Council Member Anderson and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. PUBLIC HEARING It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider a resolution denying renewal of a second-hand goods license for Repeat Boutique. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: City Clerk Janet Lewis Fire Inspector Aaron Surratt Lou Annette Larsen, 3542 Douglas Drive N, Repeat Boutique owner Marion Katchmark, 3536 Douglas Drive N, Beauty Shop owner Letter submitted by Judi Kurtovich The Mayor declared the public hearing closed. Moved by Council Member Moore and seconded by Council Member Krueger to table the public hearing item until the next Council Meeting on May 6, 2003 to consider alternative actions for a second-hand goods license at Repeat Boutique. By roll call and voting aye: Krueger and Moore; voting no: Hoffmann, Meintsma, Anderson, and Grimes; absent not voting: Joselyn. Motion failed. Moved by Council Member Hoffmann and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-33 RESOLUTION DENYING RENEWAL OF THE SECOND-HAND GOODS LICENSE FOR REPEAT BOUTIQUE 654 Council Meeting minutes April 15, 2003 655 By roll call and voting aye: Krueger, Meintsma, Anderson, Grimes and Hoffmann; voting no: Moore; absent not voting: Joselyn. Motion carried, resolution declared adopted. Open Forum No public comment was made during open forum. Regular Agenda 1. The Council considered the new appointment to the Planning Commission for Tom Davis at 3342 Edgewood Ave N representing Ward 1, for an unexpired term expiring December 31, 2003. Mr. Davis addressed the Council. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the new appointment to the Planning Commission for Tom Davis at 3342 Edgewood Ave N representing Ward 1, for an unexpired term expiring December 31, 2003. Voting aye: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent not voting: Joselyn. Motion carried. 2. The Council considered the new appointment to the Human Rights Commission for Valerie Jensen at 3409 Noble Ave N, for an unexpired term expiring December 31, 2005. Ms. Jensen addressed the Council. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the new appointment to the Human Rights Commission for Valerie Jensen at 3409 Noble Ave N for an unexpired term expiring December 31, 2005. Voting aye: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent not voting: Joselyn. Motion carried. hf-, 001-- ,-, , 655 Council Meeting minutes April 15, 2003 656 3. The Council considered Resolution 2003-34 rescinding Resolution 2003-13 and approving revisions to the projected uses of funds for the City of Crystal's 2003 Urban Hennepin County Community Development Block Grant Program and authorizing signature of the sub recipient agreement with Hennepin County and any third party agreements. Moved by Council Member Grimes and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-34 RESOLUTION RESCINDING RESOLUTION 2003-13, APPROVING REVISIONS TO THE PROJECTED USE OF FUNDS FOR THE CITY OF CRYSTAL'S 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND AUTHORIZING SIGNATURE OF THE SUB -RECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS By roll call and voting aye: Krueger, Meintsma, Anderson, Grimes and Hoffmann; voting no: Moore; absent not voting: Joselyn. Motion carried, resolution declared adopted. 4. The Council considered Resolution 2003-35 receiving the Seal coat Feasibility Report and calling for a public hearing for Improvement Project No. 2003-01. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Moore and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-35 RESOLUTION RECEIVING THE SEAL COAT FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR IMPROVEMENT PROJECT NO. 2003-01 Voting aye: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent not voting: Joselyn. Motion carried, resolution declared adopted. l.'Coun.il 11�m�InI00J min09�15-0J Joc 656 Council Meeting minutes April 15, 2003 657 5. The Council considered Resolution 2003-36 authorizing hiring a consultant to assess the potential for combining police services between the cities of New Hope and Crystal. Moved by Council Member Krueger and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-36 RESOLUTION AUTHORIZING HIRING A CONSULTANT TO ASSESS THE POTENTIAL FOR COMBINING POLICE SERVICES Moved by Council Member Krueger and seconded by Council Member Anderson to amend the resolution to include a $10,000 contribution limit by the City of Crystal for consultant services. Voting aye on the amended motion: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent not voting: Joselyn. Voting aye on the main motion: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent not voting: Joselyn. Motion carried, resolution declared adopted. 6. The Council considered Resolution 2003-37 authorizing Retirement Health Savings (RHS) Program Plan Number 800325. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-37 RESOLUTION AUTHORIZING RETIREMENT HEALTH SAVINGS (RHS) PROGRAM PLAN NUMBER 800325 Voting aye: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent, not voting: Joselyn. Motion carried, resolution declared adopted. G C—IAI--,0003-04d5L3J 657 Council Meeting minutes April 15, 2003 658 7. The Council considered Resolution 2003-38 approving modifications to the personnel policy regarding the post employment health care savings plan. Moved by Council Member Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION 2003-38 RESOLUTION APPROVING MODIFICATIONS TO THE PERSONNEL POLICY REGARDING POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Voting aye: Meintsma, Krueger, Moore, Anderson, Hoffmann, and Grimes; absent, not voting: Joselyn. Motion carried, resolution declared adopted. Informal Discussion and Announcements City Manager invited the Council and staff to the next Legislative Breakfast Meeting on Saturday, April 261h from 9:30 — 11:30 a.m. The Council and City Manager discussed a special meeting date for the Robbinsdale and Crystal Councils to meet with the Joint Recreation Study Group. Moved by Council Member Krueger and seconded by Council Member Moore to set a special meeting on Monday, April 28, 2003 at 7:30 p.m. at the Crystal Community Center to discuss joint recreation programming with the Robbinsdale City Council and the Joint Recreation Study Group. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 8:26 p.m. l _ Peter E. Meintsma, Mayor _ ATTEST: gd&� Adao - Jan Lewis, City Clerk 6 C. -I kfi-2001-4.1 -03 d. 658 u Local Board of Appeal and Equalization minutes May 6, 2003 662 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the Crystal City Charter, the City Council convened as the Local Board of Appeal and Equalization on May 6, 2003 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive, Crystal, Minnesota. The secretary of the Council called the roll and recorded the attendance. COUNCIL PRESENT: Anderson, Grimes, Hoffmann, Joselyn, Moore, Meintsma, and Krueger. STAFF PRESENT: City Manager A. Norris, City Attorney S. Bubul, Community Development Director P. Peters, Public Works Director T. Mathisen, Finance Director S. Dunfee, Police Chief H. Algyer, Recreation Director G. Hackett, and City Clerk Janet Lewis. OTHERS PRESENT: Hennepin County Assessors T. Doolittle, J. Vettrus, and P. Sandvik. The Mayor led the Council, staff, and audience in the Pledge of Allegiance. The City Council held the Board of Appeal and Equalization meeting to discuss the 2003 assessment rolls. The Mayor asked for public comment. The following residents appealed the estimated market value for their property: Ms. Joyce Purnick, 6512 — 34" Ave N Ms. Nancy LaRoche, 6511 — 34th Ave N Moved by Council Member Moore and seconded by Council Member Anderson to direct the county assessor to review appealed properties and prepare a report to the City Council for final action of taxes and values on May 20, 2003. Motion carried unanimously. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adjourn the Local Board of Appeal and Equalization meeting. Motion carried unanimously. The meeting adjourned at 7:14 p.m. Peter E. Meintsma, Mayor ATTEST: Jan Lewis, City Clerk Approved Council Meeting minutes May 6, 2003 663 Pursuant to due call and notice thereof, the Mayor called the Regular City Council Meeting to order at 7:15 p.m. on Tuesday, May 6, 2003 in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Roll call was conducted at the Board of Appeal and Equalization meeting. The secretary of the Council recorded the attendance. COUNCIL MEMBERS PRESENT: Anderson, Hoffmann, Grimes, Joselyn, Krueger, Moore, and Meintsma. STAFF PRESENT: City Attorney S. Bubul, City Manager A. Norris, Public Works Director T. Mathisen, Community Development Director P. Peters, Finance Director S. Dunfee, Police Chief H. Algyer, Parks & Recreation Director G. Hackett, and City Clerk J. Lewis. Proclamations The Mayor declared the week of May 11 — 17, 2003 as Police Week and May 15, 2003 as Peace Officer Memorial Day. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Regular City Council Meeting from April 15, 2003; ■ Work Sessions of the City Council from April 15, 2003; and ■ Joint Work Session with the Robbinsdale and Crystal City Councils and Joint Recreation Study Group from April 28, 2003. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to approve the minutes with corrections to the following: items 1 and 2 on page 655 (remove the words "...and received his/her appointment"; item 7 on page 658 (add the resolution title); and revise the attendance on page 660: ■ Regular City Council Meeting from April 15, 2003; ■ Work Sessions of the City Council from April 15, 2003; and ■ Joint Work Session with the Robbinsdale and Crystal City Councils and Joint Recreation Study Group from April 28, 2003. Motion carried unanimously. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a solicitor's permit with effective dates from May 7, 2003 — August 1, 2003 submitted by Master Waste Services, LLC located at 5232 Hanson Court in Crystal. 4. Approval of a transient merchant permit with effective dates of May 10 — 11, and May 24 — 26, 2003 to sell flowers at the SE corner of 36t" & Douglas Drive, submitted by Tina Harris, 3601 Douglas Drive N. <(uuswl Alinus.s'SOU3 niin5-06-Ol Jw 663 Approved Council Meeting minutes May 6, 2003 664 5. Approval of a request for unencumbered charitable gambling funds for $350 to purchase drinking fountains at Bassett Creek Park. Moved by Council Member Krueger and seconded by Council Member Moore to approve the consent agenda. Motion carried unanimously. Public Hearinq 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider a resolution to adopt amended criteria for business subsidies under Minnesota Statutes, Sections 116J.993 to 116J.994. Community Development Director P. Peters presented to the Council and audience. The Mayor asked for public comment concerning the matter. No public comment was given. The Mayor declared the public hearing closed. Moved by Council Member Anderson and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-39 RESOLUTION APPROVING A BUSINESS SUBSIDY POLICY Voting aye: Moore, Grimes, Joselyn, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. Open Forum No public comment was given during open forum. Regular Agenda 1. The Council considered Resolution 2003-40 approving a Storm Water Pollution Prevention Plan and authorizing signature and submittal of National Pollution Discharge Elimination System (NPDES) Phase 2 permit application to Minnesota PCA. Public Works Director T. Mathisen presented to the Council and audience. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: ,z�, ,,,.,_,M �, a. 664 Approved Council Meeting minutes May 6, 2003 RESOLUTION NO. 2003-40 RESOLUTION ADOPTING A STORM WATER POLLUTION PREVENTION PLAN AND AUTHORIZING SIGNATURE AND SUBMITTAL OF NPDES PHASE 2 PERMIT APPLICATION TO MN PCA 665 Voting aye: Moore, Grimes, Joselyn, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 2. The Council considered Resolution 2003-41 approving the amended West Metro Fire - Rescue District Joint Powers Agreement. Moved by Council Member Joselyn and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-41 RESOLUTION APPROVING THE AMENDED WEST METRO FIRE RESCUE DISTRICT JOINT POWERS AGREEMENT Voting aye: Moore, Grimes, Joselyn, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 3. The Council considered Resolution 2003-42 providing for the issuance and sale of $545,000 General Obligation Equipment Certificates of Indebtedness, Series 2003A. Mr. John Sanders from Springstead, Inc. presented to the Council. Council Member Anderson moved that the City of Crystal pay its share of the expenses for equipment and vehicle purchases for West Metro Fire -Rescue District out of Crystal's general fund budget. The motion failed for lack of a second. Council Member Krueger asked the West Metro Joint Fire Board Representatives to look seriously for more funds in their budget to apply towards the equipment and vehicle purchases. Moved by Council Member Grimes and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 665 Approved Council Meeting minutes May 6, 2003 RESOLUTION NO. 2003-42 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $545,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES, 2003 A ... By roll call and voting aye: Meintsma, Moore, Grimes, Hoffmann, Joselyn, and Krueger. Voting no: Anderson Motion carried, resolution declared adopted. Informal Discussion and Announcements Moved by Council Member Anderson and seconded by Mayor Meintsma to hold a special meeting on Monday, May 12 at 8:00 p.m. to discuss budget reduction proposals. Motion carried. The following meetings were discussed: ■ The Hate Bias Crimes Prevention on May 8 at the CCC; ■ SCWMO Open House on May 8 at 7:00 p.m. at the Edinburgh Clubhouse; ■ DARE Graduation for students of Forest School on May 12, 2003 at 7:00 p.m. at the Community Center; ■ Budget Work Session on May 12, 2003 to begin at 8:00 p.m.; • Regular Council meeting on May 20; ■ Special City Council meeting on Wednesday, May 28 at 5:00 p.m., followed by the annual City Tour; and ■ Police Explorers Recognition Dinner on May 22 at the Sunshine Factory, RSVP by May 19. Moved by Council Member Hoffmann and seconded by Mayor Meintsma to adjourn the meeting. The meeting adjourned at 8:01 p.m. Peter E. Meintsma ,Mayor ATTEST: s� D.GUY.G Ja Lewis, City Clerk Motion carried. i, (oun.il\Iinin.�iW\min\-06-0l J.w 666 Board of Appeal and Equalization minutes May 20, 2003 670 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Board of Appeal and Equalization Meeting of the City of Crystal was held at 7:00 p.m., May 20, 2003, at 4141 Douglas Drive, Crystal, Minnesota. Upon roll call, the following members were present: COUNCIL MEMBERS: Anderson, Hoffmann, Grimes, Joselyn, Krueger, Moore, and Meintsma. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Police Chief H. Algyer, City Forester J. Burks, Parks & Recreation Director G. Hackett, and City Clerk J. Lewis. The Mayor led the Council and the audience in the Pledge of Allegiance. The City Council held the Board of Appeal and Equalization Meeting to discuss the final report and assessment summary for 2003. The Mayor asked for public comment. No public comment was given. Moved by Council Member Krueger and seconded by Council Member Grimes to approve the final report and the 2003 assessment rolls as presented by the county assessor. Voting aye: Anderson, Meintsma, Hoffmann, Krueger, Grimes, Joselyn, and Moore. Motion carried. Moved by Council Member Krueger and seconded by Council Member Hoffmann to adjourn the Board of Appeal and Equalization Meeting. Motion carried. The meeting adjourned at 7:06 p.m. MayorPeter E. Meintsma, ATTEST: ;z l '4 s Janetwis, City Clerk c City Council Meeting minutes May 20, 2003 671 Pursuant to due call and notice thereof, the City Council Meeting was held at 7:06 p.m. on Tuesday, May 20, 2003 in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Roll call was conducted at the Local Board of Appeal and Equalization Meeting. The secretary of the Council recorded the attendance. COUNCIL MEMBERS PRESENT: Anderson, Hoffmann, Grimes, Joselyn, Krueger, Moore, and Meintsma. STAFF PRESENT: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Police Chief H. Algyer, Parks & Recreation Director G. Hackett, City Forester J. Burks, and City Clerk J. Lewis. Proclamation The Mayor declared May 2003 as Mobilization Seat Belt Enforcement Program; "Buckle up, Crystal — Click it or Ticket!" Council Minutes 1. The Council considered the minutes from the following meetings: ■ Board of Appeal & Equalization Meeting from May 6, 2003 ■ Regular City Council Meeting from May 6, 2003; ■ Work Sessions of the City Council from May 6; and ■ Work Session of the City Council from May 12, 2003. Moved by Council Member Joselyn and seconded by Council Member Moore to approve the minutes of the following meetings: ■ Board of Appeal & Equalization Meeting from May 6, 2003 ■ Regular City Council Meeting from May 6, 2003; ■ Work Sessions of the City Council from May 6; and ■ Work Session of the City Council from May 12, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. -671 - City Council Meeting minutes May 20, 2003 672 3. Acceptance of the change in status for Darlene George from alternate to regular member of the Employee Review Board. Moved by Council Member Grimes and seconded by Council Member Anderson to approve the consent agenda. Motion carried. Public Hearing 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider Resolution 2003-43 accepting the Feasibility Study and authorizing Improvement Project No. 2003-1 Seal Coat for the Twin Oaks Neighborhood. Public Works Director T. Mathisen presented to the Council. The Mayor asked for public comment. Those present and heard were: ■ David O'Brian, 5533 Yates Ave N objected to the seal coat project for his street. ■ Rocky Glime, 5422 53rd Ave N submitted a petition signed by 31 neighbors who objected to the seal coat project ■ Gary Droen, 5425 Scott Ave N questioned the need for the seal coat project, when the streets would be rebuilt, and if the city could budget for street projects and not assess property owners. ■ Monica Carter, 5229 Welcome Ave N objected to the seal coat project via a phone conversation with the Engineering Department prior to the meeting. The Mayor declared the public hearing closed. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-43 RESOLUTION AUTHORIZING IMPROVEMENT PROJECT NO. 2003-1 SEAL COAT TWIN OAKS NEIGHBORHOOD By roll call and voting aye: Anderson, Grimes, Hoffmann, Joselyn, Krueger, and Meintsma. Voting no: Moore. Motion carried, resolution declared adopted. -672- �J City Council Meeting minutes May 20, 2003 Open Forum No public comment was given during open forum. 673 REGULAR AGENDA 1. The Council received the presentation and recognized the award for the Mosaic Youth Center volunteers and 4-H Club for the lilac plantings near Highway 100. Jessica Webb and two guests representing the Mosaic Youth Center presented to the Council. 2. The Council considered orders in the matter of license suspension and civil penalty for Almstead's SuperValu for the violation of laws and ordinances relating to the illegal sale of tobacco to a minor. Jim Almstead, owner of Almstead's SuperValu, addressed the Council. Store Manager Roger Olson was present as well. Licensee Previous violations & sanctions Current violation Date Almstead's SuperValu 02/12/01; received a $500 fine 12/04/02 4210 Douglas Drive N and a 10 -day license (Wednesday) Crystal, MN 55422 suspension Moved by Council Member Grimes and seconded by Council Member Krueger to impose a $750 civil penalty and suspend the tobacco license of Almstead's SuperValu for 20 days, the suspension day beginning the same day of the week that the violation occurred with staff determining the suspension dates for the violation of laws and ordinances relating to the illegal sale of tobacco to a minor by Almstead's SuperValu at 4210 Douglas Drive N. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 3. The Council considered Resolution 2003-44 objecting to service reductions for Metro Transit Route 19 in the City of Crystal. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: -673 - City Council Meeting minutes May 20, 2003 674 RESOLUTION NO. 2003-44 RESOLUTION OBJECTING TO SERVICE REDUCTIONS FOR METRO TRANSIT ROUTE 19 IN THE CITY OF CRYSTAL Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 4. The Council considered Resolution 2003-45 approving Sewer Utility Enterprise Fund CIP Expenditure for miscellaneous repairs of Phase 6 mainline sanitary sewer to be awarded to the lowest bidder, Visu-sewer. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Krueger and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-45 RESOLUTION APPROVING SEWER UTILITY ENTERPRISE FUND CIP EXPENDITURE 1:0R REPAIRS OF PHASE 6 MAINLINE SANITARY SEWER Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 5. The Council considered Resolution 2003-46 accepting proposals and awarding the contract to the lowest bidder, Aconite Corp., for Phase 5 Directional Drilling Storm Sewer at 34th and Kyle Avenues. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-46 -674- City Council Meeting minutes May 20, 2003 675 RESOLUTION APPROVING PHASE 5 DIRECTIONAL DRILLING STORM SEWER AT 34TH AND KYLE AVENUE Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 6. The Council considered Application 2003-01, Site Plan Review for a 3,420 sq. ft. addition together with parking lot and landscaping modifications at 5200 Douglas Drive N., submitted by Family Eye Care Center. City Planner J. Sutter presented to the Council. Moved by Council Member Grimes and seconded by Council Member Krueger to approve, as recommended by the Planning Commission at its May 12, 2003 meeting and based on the findings of fact and conditions listed in the staff report, Application 2003-01, Site Plan Review for a 3,420 sq. ft. addition together with a parking lot and landscaping modifications at 5200 Douglas Drive N., submitted by Family Eye Care Center. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried 7. The Council considered Application 2003-02 requesting a variance to increase the maximum rear yard structure coverage from 30% to 40% for property located at 3534 Kyle Ave N. City Planner J. Sutter presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Moore to approve, as recommended by the Planning Commission at its May 12, 2003 meeting and based on the findings of fact listed in the staff report, Application 2003-02 requesting a variance to increase the maximum rear yard structure coverage from 30% to 40% for property located at 3534 Kyle Ave N.. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried -675 - City Council Meeting minutes May 20, 2003 676 8. The Council considered Application 2003-03 requesting a variance to increase the maximum rear yard structure coverage from 30% to 50% for property located at 3516 Kyle Ave N. City Planner J. Sutter presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve, as recommended by the Planning Commission at its May 12, 2003 meeting and based on the findings of fact listed in the staff report, Application 2003- 03 requesting a variance to increase the maximum rear yard structure coverage from 30% to 50% for property located at 3516 Kyle Ave N.. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried 9. The Council considered Application 2003-04 requesting a variance to increase the maximum rear yard structure coverage from 30% to 50% for property located at 3520 Kyle Ave N. City Planner J. Sutter presented to the Council. Moved by Council Member Grimes and seconded by Council Member Moore to approve, as recommended by the Planning Commission at its May 12, 2003 meeting and based on the findings of fact listed in the staff report, Application 2003- 04 requesting a variance to increase the maximum rear yard structure coverage from 30% to 50% for property located at 3520 Kyle Ave N.. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried 10. The Council considered Resolution 2003-47 relating to Personnel — Administration; amending City Code Appendix V (Personnel Rules & Regulations regarding meal reimbursement). Moved by Council ME!mber Krueger and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: -676- City Council Meeting minutes May 20, 2003 677 RESOLUTION NO. 2003-47 RESOLUTION RELATING TO PERSONNEL ADMINISTRATION; AMENDING CITY CODE APPENDIX V PERSONNEL RULES AND REGULATIONS Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 11. The Council considered Resolution 2003-48 approving an Early Retirement Incentive Plan for eligible employees. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-48 RESOLUTION APPROVING AN EARLY RETIREMENT INCENTIVE PLAN Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 12. The Council considered the development of a joint Crystal-Robbinsdale Recreation Department for administering recreational opportunities. Guy Mueller, 2703 Brookridge Ave, submitted a letter recommending the development of a joint recreation department. Moved by Council Member Joselyn and seconded by Mayor Meintsma to approve the development of a joint Crystal-Robbinsdale Recreation Department for administering recreational opportunities. By roll call and voting aye: Anderson, Hoffmann, Joselyn, Krueger, and Meintsma. Voting no: Grimes and Moore. Motion carried. -677- City Council Meeting minutes May 20, 2003 678 13. The Council considered authorizing the City Manager to execute contract with a consultant to assess the potential for combining police services. Moved by Council Member Krueger and seconded by Council Member Moore to approve authorizing the City Manager to execute contract with PAS Associates to assess the potential for combining police services. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 14. The Council considered setting revised Council meeting dates in July 2003. Moved by Council Member Krueger and seconded by Council Member Anderson to set July 8 and 22, 2003 as the dates for the regular City Council Meetings. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 15. The Council considered setting a special meeting at 5:00 p.m. on Wednesday, May 28, 2003. Moved by Mayor Meintsma and seconded by Council Member Krueger to set a special meeting date for 5:00 p.m. on Wednesday, May 28, 2003. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS Reminders: ■ Annual City Tour— May 28th 5:15 — 8:15 p.m. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to adjourn the meeting. Motion carried. -678- City Council Meeting minutes May 20, 2003 679 The meeting adjourned at 8:56 p.m. ATTEST: J et Lewis, City Clerk 1 X1/7. '� _ , �� . ��/�► -679- Council Special Meeting minutes May 28, 2003 680 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Session of the Crystal City Council was held at 5:00 p.m. on May 28, 2003 at 4141 Douglas Drive, Crystal, Minnesota in the Council Chambers. Mayor Pro Tem Krueger called the meeting to order. Upon roll call, the following members were present: COUNCIL MEMBERS: Anderson, Grimes, Hoffmann, Joselyn, Krueger (Mayor Pro Tem), and Moore. Absent: Meintsma STAFF: City Manager A. Norris, Community Development Director P. Peters, Finance Director S. Dunfee, Fire Chief D. Alexon (arrived at 5:05), and City Clerk J. Lewis. The Council considered Resolution 2003-49 awarding the sale of $545,000 General Obligation Equipment Certificates of indebtedness, Series 2003A; fixing their form and specifications; directing their execution and delivery; and providing for their payment. John Sanders from Springstead, Inc presented to the Council. The lowest bidder that was awarded the sale was UMB Bank, N.A. Moved by Council Member Grimes and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: By roll call and voting aye: Grimes, Hoffmann, Joselyn, and Krueger. Voting no: Moore and Anderson. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the special meeting. The meeting adjourned at 5:16 p.m. Tom Krueger, Mayor Prro Te ATTEST: Jatfet Lewis, City Clerk G-\Council\Minutes2003\min5-28-03special doe RESOLUTION NO. 2003-49 RESOLUTION AWARDING THE SALE OF $545,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2003 A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT By roll call and voting aye: Grimes, Hoffmann, Joselyn, and Krueger. Voting no: Moore and Anderson. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the special meeting. The meeting adjourned at 5:16 p.m. Tom Krueger, Mayor Prro Te ATTEST: Jatfet Lewis, City Clerk G-\Council\Minutes2003\min5-28-03special doe Council Meeting minutes June 3, 2003 681 The Opening Color Guard Ceremony was performed by members of the Boy Scout Troop No. 579 chartered by the Osseo American Legion Post No. 172. Pursuant to due call and notice thereof, the Regular City Council Meeting was held at 7:00 p.m. on Tuesday, June 3, 2003 in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. The Mayor led the Council, staff, and audience in the Pledge of Allegiance. Upon roll call, the following members were present: COUNCIL MEMBERS: Meintsma, Krueger, Moore, Joselyn, Anderson, Hoffmann and Grimes. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, and City Clerk J. Lewis. Proclamation The Mayor proclaimed June 14, 2003 as Alf Larson Day in the City of Crystal, honoring Mr. Larson as a WWII Veteran and former POW who survived the Bataan Death March. Council Minutes 1. The Council considered the minutes of the following meetings: ■ Work Session of the City Council from May 20; ■ Board of Appeal & Equalization Meeting from May 20, 2003; ■ Regular City Council Meeting from May 20, 2003; and ■ Special Meeting of the City Council from May 28, 2003. Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes of the following meetings with two changes on page 672 under the public hearing: ■ Work Session of the City Council from May 20; ■ Board of Appeal & Equalization Meeting from May 20, 2003; ■ Regular City Council Meeting from May 20, 2003; and ■ Special Meeting of the City Council from May 28, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. „nue�._1un nn n,. .1,. 681 Council Meeting minutes June 3, 2003 682 3. Authorization of the request for $745.00 in Unencumbered Charitable Gambling Funds to purchase recreation equipment. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. Public Hearing 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider discuss franchise fees. The Mayor asked for public comment. Those present and heard were: ■ Don Kenton, 3159 Louisiana Ave N, opposed franchise fees and inquired why the First Reading of Ordinances did not include a sunset provision. ■ Anders Johansson, 8201 — 32nd Ave N, opposed franchise fees stating they are not tax deductible; if franchise fees are necessary, he preferred a flat meter fee with a sunset provision. ■ Helen Matsen, 5950 West Broadway, asked how franchise fees will be implemented, what considerations were made for multi -family housing, and when would the $1.60 per -utility fee be higher for an average residential user. ■ James Einfeldt-Brown, 5313 Hampshire Ave N, opposed franchise fees and asked that alternative revenue sources be explored. ■ Mary Weber, 3825 Brunswick Ave N, opposed franchise fees and views them as another example of being nickel-and-dimed to death. ■ Xcel Energy Representative Jim Rhodes recommended franchise fees based on a flat meter fee with a sunset provision; inquired what the utility company's property taxes paid for regarding the public right-of-way; discussed conservation efforts by Xcel. ■ Mike Christianson, 5209 — 53rd Ave N, opposed franchise fees; asked if the Council had already made their decision; stated the math didn't add up for the proposed LGA cuts and its effect on Crystal's budget; asked for permission of a show of hands from the audience of those who opposed franchise fees (request denied). ■ June Sandberg, 3022 Douglas Drive N, opposed franchise fees and expressed concerns for her dry cleaning business and the rising cost of water; requested copies of the research and conclusions that preceded the decision for franchise fees. ■ Barbara Obershaw, President for Twin West Chamber of Commerce, submitted a letter to the Council and highlighted points therein; stated that the Twin West Chamber of Commerce opposed franchise fees for businesses, but if they are implemented, preferred a flat meter fee with a sunset provision. ■ Matt Rieger, Sr. VP for property management services within the Crystal Gallery Mall, opposed franchise fees; stated that he preferred a property tax increase. 682 Council Meeting minutes June 3, 2003 683 ■ Pat Gleason, 5618 — 56th Ave N, owner of an insurance agency, opposed franchise fees and supported Twin West's view. ■ CenterPoint Energy — Minnegasco Representative Al Swintek stated his company preferred no franchise fees, but if they are unavoidable, he encouraged a flat meter fee with a sunset provision; requested consideration of franchise fees in lieu of permit fees for work done within the public right-of-way. ■ Greg Bimbers, 4517 Louisiana Ave N, preferred franchise fees with a flat meter fee adding that it gives the consumer predictability; requested a list of service cuts that may occur if franchise fees are not approved. ■ Jan Scofield, 3656 Colorado Ave N, asked about the City of Robbinsdale's franchise fees. ■ Carston Anderson, 6521 — 42nd Ave N, opposed franchise fees; requested that Crystal research West Metro Fire District's budget regarding "inequalities" he perceives. ■ Jim Adams, 5916 — 29th Place N, needed clarification regarding levy limits and why property taxes can't be raised. ■ Mark Lane, 5309 — 59th Ave N, opposed franchise fees. ■ Lloyd Mielke, 8600 Jersey Ave N, opposed franchise fees; requested a list of proposed budget cuts and service reductions. The Mayor recognized the written testimony submitted for the public hearing from: ■ Joann Brinda, 6815 Valley Place N, ■ Lloyd Mielke, 8600 Jersey Ave N ■ Robert Avery, 4552 Colorado Ave N ■ Philip Bradbury, 5424 — 52nd Ave N ■ Brett Torfin, 8123 — 32nd Ave N ■ Gary Hoonsbeen, 3455 Florida Ave N ■ Matthew Rieger, 8085 Wayzata Blvd The Mayor declared the public hearing closed. Moved by Council Member Moore and seconded by Council Member Anderson to reconsider the First Reading of Ordinances proposing franchise fees. By roll call and voting aye: Krueger, Moore, and Anderson. Voting no: Hoffmann, Joselyn, Meintsma, and Grimes Motion failed. 683 Council Meeting minutes June 3, 2003 684 Moved by Mayor Meintsma and seconded by Council Member Grimes to direct staff to bring a budget analysis and draft ordinances establishing franchise fees at the 3% suggested flat meter fee with a formal, periodic review provision to the Second Reading on June 17, 2003. By roll call and voting aye: Joselyn, Krueger, Meintsma, Anderson, Grimes, and Hoffmann. Voting no: Moore. Motion carried. Open Forum No public comment was given during open forum. Mayor Meintsma declared a 10 minute recess at 9:05 p.m. The Council Meeting reconvened at 9:15 p.m. Regular Agenda 1. The Council considered the 2002 Comprehensive Financial Report as presented by Malloy, Montague, Karnowski, Radesovich & Co. P.A. Mr. William Lauer provided a report on the City's 2002 audit. Moved by Council Member Anderson and seconded by Council Member Krueger to accept the Comprehensive Financial Report as presented by Malloy, Montague, Karnowski, and Radesovich & Co. P.A. Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried. 2. The Council received the Highway 100 Landscape Plan as presented by MNDOT Representative Karl Weissenborn. 684 Council Meeting minutes June 3, 2003 685 3. The Council considered Resolution 2003-50 approving plans & specifications and ordering the ad for bids for the 30" Sewer Relining Project. Public Works Director Tom Mathisen presented to the Council. Moved by Council Member Krueger and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-50 RESOLUTION APPROVING THE PLANS & SPECIFICATIONS AND ORDERING THE AD FOR BIDS FOR THE 30" SEWER RELINING PROJECT #2002-10 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 4. The Council considered Resolution 2003-51 approving the award for the Annual Concrete Repair Project # 2003-03 to the lowest bidder, Ron Cassa Construction. Public Works Director Tom Mathisen presented to the Council. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-51 RESOLUTION APPROVING AWARD FOR ANNUAL CONCRETE REPAIR PROJECT #2003-03 Voting aye: Moore, Joselyn, Grimes, Meintsma, Krueger, Hoffmann, and Anderson. Motion carried, resolution declared adopted. 5. The Council discussed the 2004 Budget Calendar and agreed to conduct the first budget work session on Tuesday, August 26, 2003. 685 Council Meeting minutes June 3, 2003 686 Informal Discussion and Announcements The Council discussed the Airport Open House scheduled on Sunday, June 15, 2003. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 10:20 p.m. ATTEST: �Ii' ' � f zZ Ja 06t Lewis, City Clerk Motion carried. .:, L City Council Meeting minutes June 17, 2003 689 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, June 17, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Upon roll call, the following members were present: COUNCIL: Joselyn, Grimes, Moore, Meintsma, Anderson, Hoffmann, and Krueger. STAFF: City Manager A. Norris, City Attorney P. Callies, Public Works Director T. Mathisen, City Planner J. Sutter, and City Clerk J. Lewis. The Mayor led the Council and audience in the Pledge of Allegiance. Presentation The Council received an award for the redesigned city newsletter as presented by City Clerk J. Lewis. Acknowledgment The Mayor acknowledged the $100.00 donation received from the MOMS Club of Crystal, Robbinsdale, and New Hope. The donation is designated for the Pre -School Open Gym Program. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Regular City Council Meeting from June 3, 2003; and ■ Work Session of the City Council from June 3, 2003. Moved by Council Member Grimes and seconded by Council Member Joselyn to approve the minutes of the following meetings: ■ Regular City Council Meeting from June 3, 2003; and ■ Work Session of the City Council from June 3, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit application to use, consume, and display wine and beer at Broadway Park on June 21, 2003, submitted by Matt Gruhn, 5856 Nevada Ave N. City Council Meeting minutes June 17, 2003 690 4. Approval of a special permit application to use, consume, and display wine and beer at the Crystal Community Center on June 21, 2003, submitted by Karime Escarcega, 5704 Orchard Ave N. 5. Approval of the request for authorization to conduct a public display of fireworks at Becker Park on July 25 and 26, 2003 and to temporarily close Bass Lake Road and Sherburne Ave from Bass Lake Road to 55th Ave, submitted by the Crystal Lions Club for the Crystal Frolics. 6. Approval of the request for authorization to conduct a parade on Sunday, July 27, 2003 from 12:45 — 3:30 p.m. and to temporarily close West Broadway and Bass Lake Road submitted by the Crystal Lions Club for the Crystal Frolics. Regarding consent agenda item #3, Council Member Grimes requested that the city clerk contact the applicant and ask that he inform the neighbors of his special permit at Broadway Park. Moved by Council Member Krueger and seconded by Council Member Joselyn to approve the consent agenda. Motion carried. Open Forum No public comment was given during open forum. REGULAR AGENDA 1. The Council received the presentation concerning NW Hennepin Mediation Services from Diane Bolter of the Crystal Human Rights Commission. 2. The Council considered Application 2003-05 for a variance to increase the maximum rear yard structure coverage from 30% to 42% for property located at 4331 Welcome Ave N. City Planner J. Sutter presented to the Council. Moved by Council Member Krueger and seconded by Council Member Hoffman to approve, as recommended by the Planning Commission at its June 9, 2003 meeting and based on the findings of fact listed in the staff report, Application 2003-05 for a variance to increase the maximum rear yard structure coverage from 30% to 42% for property located at 4331 Welcome Ave N. Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried. 0 City Council Meeting minutes June 17, 2003 691 3. The Council considered Resolution 2003-52 authorizing preparation of the feasibility study for the Phase 6 Street Reconstruction Project. City Engineer T. Mathisen and SEH Project Manager P. Pasko presented to the Council. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-52 RESOLUTION AUTHORIZING PREPARATION OF THE FEASIBILITY STUDY FOR THE STREET REHABILITATION IN PHASE 6 STUDY AREA PROJECT # 2003-4, BROWNWOOD STREET RECONSTRUCTION Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried, resolution declared adopted. 4. The Council received updates concerning the Joint Recreation Department with the Cities of Robbinsdale and Crystal. 5. The Council considered continuing the Second Reading of an ordinance to establish an electric franchise fee on Northern States Power D.B.A. Xcel Energy for providing electric service within the City of Crystal. Council Member Joselyn informed the Council that he would not be available on July 22 or August 4, 2003. The Council agreed to continue the Second Reading until August 19, 2003. Moved by Council Member Grimes and seconded by Council Member Anderson to continue the Second Reading of an ordinance establishing an electric franchise fee on Northern States Power D.B.A. Xcel Energy until August 19, 2003 . Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried. 6. The Council considered continuing the Second Reading of an ordinance to implement a gas franchise fee on CenterPoint Energy — Minnegasco for providing gas service within the City of Crystal. 691 City Council Meeting minutes June 17, 2003 692 Moved by Council Member Grimes and seconded by Council Member Anderson to continue the Second Reading of an ordinance establishing a gas franchise fee on CenterPoint Energy - Minnegasco until August 19, 2003 . Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried. 7. The Council considered the First Reading of Ordinance 2003- amending Crystal City Code Section 1131 — Fireworks; regarding license prohibitions, license conditions and insurance. Moved by Council Member Anderson and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 1131 — FIREWORKS; REGARDING LICENSE PROHIBITIONS, LICENSE CONDITIONS AND INSURANCE and further, that the Second and Final reading be on July 8, 2003. Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried. 8. The Council considered Resolution 2003-53 relating to lawful gambling; approving a premise permit (for pull tabs) at Becker Park, 6225 — 56th Ave N, from July 24 through 27, 2003 submitted by the Crystal Lions Club. Moved by Council Member Hoffmann and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-53 RESOLUTION RELATING TO LAWFUL GAMBLING; APPROVING A PREMISE PERMIT FOR PULL -TABS AT BECKER PARK, 6225-56 TH AVE N 692 City Council Meeting minutes June 17, 2003 693 Voting aye: Krueger, Anderson, Hoffmann, Moore, Meintsma, Joselyn, and Grimes. Motion carried, resolution declared adopted. Informal Discussion and Announcements Council Member Joselyn discussed the Joint Fire Board Meeting minutes from May 14, 2003 and pointed out a correction on page 7. Mayor Meintsma relayed Mr. Alf Larson's appreciation for the recognition received from the city on June 3, 2003. City Manager A. Norris reminded the Council about the following meetings: ✓ JWC and three -city Council Meeting at 6:30 p.m. on June 24, 2003 at Golden Valley City Hall; ✓ Regular City Council Meetings on July 8 and 22, 2003; and ✓ Council Work Session on July 10, 2003. Council Member Grimes expressed his appreciation to the Police Department, West Metro Fire, city staff, and MAC for the successful Airport Open House on June 15, 2003. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:40 p.m. ATTEST: Jan ,0 Lewis, City Clerk n L� OFPeter E. Meintsma, N/I •. 693 Council Meeting minutes July 8, 2003 695 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, July 8, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Upon roll call the following were present: COUNCILMEMBERS: Joselyn, Grimes, Moore, Meintsma, Anderson, Hoffmann, and Krueger. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, Police Chief H. Algyer, and City Clerk J. Lewis. Pledge of Allegiance The Mayor led the Council and audience in the Pledge of Allegiance. Proclamation The Mayor proclaimed July 13 — 19, 2003 as National Aquatic Week. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Work Session of the City Council from June 17, 2003; and ■ Regular City Council Meeting from June 17, 2003. Council Member Krueger suggested a change on page 690, item #1 of the regular agenda, to replace the word "receive" with "heard". Moved by Council Member Joselyn and seconded by Council Member Hoffmann to approve the minutes of the following meetings with the noted change: ■ Work Session of the City Council from June 17, 2003; and ■ Regular City Council Meeting from June 17, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on July 12 & August 16, 2003, submitted by Timothy Nord, 3131 Sumter Ave N. 4. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on July 27, 2003, submitted by Erin and David Gregoria, 6625 —45 th Ave N. . 695 Council Meeting minutes July 8, 2003 696 5. Approval of a temporary on -sale liquor license application for St. Raphael's Church at 7301 Bass Lake Road from August 1 — 3, 2003, submitted by Russ Mingo for St. Raphael's Church. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. Open Forum The following individuals addressed the Council: ■ Bill Merriam, 4901 Douglas Drive, opposed closing Crystal Pool; ■ Kevin Stormer, 4407 Douglas Drive, opposed closing Crystal Pool & questioned different aspects of West Metro Fire's budget; ■ Bill McDermott, 5144 Florida Ave, discussed the police department's response to noise and safety complaints; and ■ Jean Jordan, 3408 Regent Ave, representing the Crystal Heights Coalition, opposed the idea of future development in Crystal Heights. Regular Agenda 1. The Council considered Resolution 2003-54 awarding contract for the 2003 Seal coat Project # 2003-01 to the lowest bidder, Pearson Bros. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Grimes and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-54 RESOLUTION AWARDING CONTRACT FOR THE 2003 SEAL COAT PROJECT # 2003-01 Voting aye: Krueger, Anderson, Hoffmann, Meintsma, Joselyn, Grimes, and Moore. Motion carried, resolution declared adopted. 2. The Council considered Resolution 2003-55 approving PIR expenditure for the purchase of a Parks Department Replacement Riding Mower. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Grimes and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: -M, ,, LL.,, , „a, 696 Council Meeting minutes July 8, 2003 697 RESOLUTION NO. 2003-55 RESOLUTION APPROVING PIR EXPENDITURES FOR THE PURCHASE OF A PARKS DEPARTMENT REPLACEMENT RIDING MOWER Voting aye: Krueger, Anderson, Hoffmann, Meintsma, Joselyn, Grimes, and Moore. Motion carried, resolution declared adopted. 3. The Council considered Resolution 2003-56 approving PIR expenditure for the repair of the Becker Park marquee. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-56 RESOLUTION APPROVING PIR EXPENDITURE FOR THE REPAIR OF THE BECKER PARK MARQUEE Voting aye: Krueger, Anderson, Hoffmann, Meintsma, Joselyn, Grimes, and Moore. Motion carried, resolution declared adopted. 4. The Council considered the Second Reading of Ordinance 2003-02 amending Crystal City Code Section 1131 — Fireworks; regarding license prohibitions, license conditions and insurance. Moved by Council Member Krueger and seconded by Council Member Grimes to adopt the following ordinance: ORDINANCE NO. 2003-02 AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 1131 —FIREWORKS; REGARDING LICENSE PROHIBITIONS, LICENSE CONDITIONS AND INSURANCE and further, that this is the Second and Final Reading. Voting aye: Krueger, Anderson, Hoffmann, Meintsma, Joselyn, Grimes, and Moore. Motion carried. 697 Council Meeting minutes July 8, 2003 698 5. The Council considered Resolution 2003-57 establishing fees for licenses for the sale of consumer fireworks; amending Appendix IV of the Crystal City Code Fee Schedule. Moved by Council Member Anderson and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-57 RESOLUTION ESTABLISHING FEES FOR LICENSES FOR THE SALE OF CONSUMER FIREWORKS; AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE FEE SCHEDULE Voting aye: Krueger, Anderson, Hoffmann, Meintsma, Joselyn, Grimes, and Moore. Motion carried, resolution declared adopted. Informal Discussion and Announcements The City Manager reminded the Council of the work session at 6:00 p.m. on Thursday, July 10, 2003. Moved by Council Member Anderson and seconded by Council Member Krueger to change the start time for the July 10, 2003 work session from 6:00 p.m. to 7:00 p.m. Motion carried. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to adjourn the meeting. Motion carried. The meeting adjourned at 7:45 p.m. r_Ail111=415 fcf 1—'? ' .6 �� C� Jay(et Lewis, City Clerk Approved City Council Meeting minutes July 22, 2003 701 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, July 22, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Upon roll call, the following members were present: CITY COUNCIL: Grimes, Moore, Meintsma, Anderson, Hoffmann, and Krueger. ABSENT: Joselyn CITY STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, City Planner J. Sutter, and City Clerk J. Lewis. Pledge of allegiance The Mayor led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Work Session of the City Council from July 8, 2003; ■ Regular City Council Meeting from July 8, 2003; and ■ Work Session of the City Council from July 10, 2003. Moved by Council Member Krueger and seconded by Council Member Anderson to approve the minutes of the following meetings: ■ Work Session of the City Council from July 8, 2003; ■ Regular City Council Meeting from July 8, 2003; and ■ Work Session of the City Council from July 10, 2003. Motion carried. Consent Aaenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on September 13, 2003, submitted by Fritz Skinner, 6928 — 13th Ave S, Richfield MN 55423. 4. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on August 16, 2003, submitted by Bill Johnson, 4273 West Broadway, Robbinsdale MN 55422. 5. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on August 17, 2003, submitted by the MPLS Elks #44. >.1; 701 Approved City Council Meeting minutes July 22, 2003 702 Consent agenda continued 6. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on August 1, 2003, submitted by Todd Schirmers, 4131 Welcome Ave N, Robbinsdale MN 55422. 7. Approval of an application for a 3.2 malt liquor license at Welcome Park from July 25 — 27, 2003 for the Crystal Frolics submitted by the Crystal Lions Club. 8. Approval of an application for a 3.2 malt liquor license at Becker Park from July 24, - 27, 2003 for the Crystal Frolics submitted by the Crystal Lions Club. 9. Approval of a special request for extension of an on -sale liquor license at Tin Alley Grill to include outdoor seating at 6830 — 56th Ave N from July 24, - 26, 2003. 10.Acceptance of Tony Kamp's resignation from the Planning Commission. 11.Approval of Resolution 2003-58 relating to lawful gambling; approving a one -day premise permit at Becker Park for the Knights of Columbus on July 25, 2003. Mayor Meintsma requested that item #9 on the consent agenda be removed and placed at the end of the regular agenda. Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve the consent agenda with the removal of item # 9 and that item #9 be added at the end of the regular agenda. Motion carried. Public Hearings 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider an on -sale liquor license at the Wild Mint Restaurant, 103 Willow Bend, submitted by Sheng and Ong Thao. The Mayor asked those present to voice their opinions or ask questions concerning the matter. The applicants Sheng and Ong Thao were present. The Mayor declared the first public hearing closed. Moved by Council Member Krueger and seconded by Council Member Moore to approve the on -sale liquor license at the Wild Mint Restaurant, 103 Willow Bend, submitted by Sheng and Ong Thao. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 702 Approved City Council Meeting minutes July 22, 2003 703 Public hearing continued 2. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider an off -sale liquor license at Crystal Liquors I, 5924 West Broadway, submitted by Terry Le and Ly Van. The Mayor asked those present to voice their opinions or ask questions concerning the matter. No public comment was given. The Mayor declared the second public hearing closed. Moved by Council Member Anderson and seconded by Council Member Moore to continue the discussion of the off -sale liquor license at Crystal Liquors I, 5924 West Broadway, submitted by Terry Le and Ly Van until August 4, 2003. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 3. Mayor Meintsma declared this was the approved time to continue the public hearing when the City Council will consider ordinances implementing franchise fees in the City of Crystal. The Mayor declared the third public hearing closed. Moved by Council Member Grimes and seconded by Council Member Hoffmann to continue the Second Reading of Ordinances implementing franchise fees in the City of Crystal until September 2, 2003. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. Open Forum No public comment was given during open forum. Regular Agenda 1. The City Council considered a civil penalty for Timber Lodge Steakhouse, 5632 West Broadway, for the violation of ordinances and laws relating to the illegal sale of alcohol to an underage person. Representatives from Timber Lodge Steakhouse admitted the violation in writing. 703 Approved City Council Meeting minutes July 22, 2003 704 Regular agenda continued Moved by Council Member Grimes and seconded by Council Member Krueger to impose a $750 penalty and a 1 -day license suspension to be set on Thursday, August 21, 2003 for Timber Lodge Steakhouse, 5632 West Broadway, for the violation of ordinances and laws relating to the illegal sale of alcohol to an underage person. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 2. The City Council considered Resolution 2003-59 awarding the contract for the 30" Trunk Sewer Relining Project #2002-10 to the lowest bidder, Visu-Sewer. Public Works Director T. Mathisen addressed the Council. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-59 RESOLUTION AWARDING CONTRACT FOR THE 30" TRUNK SEWER RELINING TO THE LOWEST BIDDER, VISU-SEWER PROJECT #2002-10 Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 3. The City Council discussed the CIP Budget Funding Mechanism and 2004 Annual Operating Budget for Bassett Creek Watershed Management Organization with Public Works Director T. Mathisen. No Council action was necessary. 4. The City Council considered a Conditional Use Permit for Automobile -Related Uses at 5301 Douglas Drive North (Regal Car Wash). City Planner J. Sutter presented to the Council. Amy Moser, 5307 Edgewood Ave N, addressed the Council about her concerns with the site problems for this business. 704 Approved City Council Meeting minutes July 22, 2003 705 Regular agenda continued Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve, as recommended by the Planning Commission at its July 14, 2003 meeting and subject to the Findings of Fact and conditions listed in sections C and D of the Staff Report, the Conditional Use Permit for Automobile -Related Uses at 5301 Douglas Drive N (Regal Care Wash). Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 5. The City Council considered A) Resolution 2003-60 amending the Comprehensive Plan to change the classification of property located at 5509 — 56th Ave N from low density residential to neighborhood commercial and B) the First Reading of an ordinance relating to zoning; amending Crystal City Code Appendix I — Zoning, Subsection 515.61, Subdivisions 9 and 10 by changing the zoning classification of certain property located at 5509 — 56th Ave N from R-1 Single Family Residential to B-2 Limited Commercial. City Planner J. Sutter presented to the Council. Rose -Bo owners Mark and Bob Devening were present. Jean Jordan, 3408 Regent Ave N, addressed the Council with her questions about properties zoned commercial and residential that are next to one another. A) Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-60 RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE CLASSIFICATION OF 5509-56 TH AVE N. FROM FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 705 Approved City Council Meeting minutes July 22, 2003 706 Regular agenda continued B) Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE APPENDIX I —ZONING, SUBSECTION 515.61, SUBDIVISIONS 9 AND 10 BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY LOCATED AT 5509 — 56T" AVE N FROM R-1 SINGLE FAMILY RESIDENTIAL TO B-2 LIMITED COMMERCIAL and further, that the Second and Final Reading be held on August 19, 2003. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 6. The City Council considered variances to A) increase the maximum rear yard structure coverage from 30% to 48% and B) to allow encroachment of an accessory parking space into the public right-of-way at 6526 59th Ave N. City Planner J. Sutter addressed the Council. A) Moved by Council Member Grimes and seconded by Council Member Anderson to approve, as recommended by the Planning Commission at its July 14, 2003 meeting and based on the Findings of Fact listed in Section C(1)(a) of the Staff Report, the variance request to increase the maximum rear yard structure coverage from 30% to 48% at 6526 — 59th Ave N. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. B) Moved by Council Member Grimes and seconded by Council Member Hoffmann to deny, as recommended by the Planning Commission at its July 14, 2003 meeting and based on the Findings of Fact listed in Section C(2)(b) of the Staff Report, the variance request to allow encroachment of an accessory parking space into the public right-of-way at 6526 59th Ave N. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 706 Approved City Council Meeting minutes July 22, 2003 707 Regular agenda continued 7. The City Council considered a Conditional Use Permit for Outdoor Sales at 5417 Lakeland Avenue North (HOM Furniture). City Planner J. Sutter addressed the Council. Moved by Council Member Krueger and seconded by Council Member Grimes to approve, as recommended by the Planning Commission at its July 14, 2003 meeting and subject to the Findings of Fact and conditions listed in section C of the Staff Report the Conditional Use Permit for Outdoor Sales at 5417 Lakeland Ave N. (HOM Furniture). Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 8. The City Council considered Resolution 2003-61 establishing Ward 1, Precincts 1 & 2 for Legislative District 45B. City Clerk J. Lewis addressed the Council. Moved by Council Member Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-61 RESOLUTION ESTABLISHING WARD 1 PRECINCTS 1 AND 2 FOR LEGISLATIVE DISTRICT 45B Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 9. The City Council considered an application for optional 2:00 A.M. closing license submitted by Rostamo's Bar & Grill at 6014 Lakeland Ave N. Council Member Moore moved the approval of the 2:00 A.M. closing license for Rostamo's Bar & Grill at 6014 Lakeland Ave N. The motion failed for lack of a second. L 707 Approved City Council Meeting minutes July 22, 2003 USE; Regular agenda continued Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve the 2:00 A.M. bar closing license for Rostamo's Bar & Grill at 6014 Lakeland Ave N and require that it be subject to the imposition of an additional city fee to be determined by the City Council. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 10. The City Council considered an application for optional 2:00 A.M. closing license submitted by Two Jakes, Inc. d.b.a Jake's Sports Cafe at 5216 West Broadway. Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve the 2:00 A.M. closing license submitted by Two Jakes, Inc. d.b.a. Jake's Sports Cafe at 5216 West Broadway and require that it be subject to the imposition of an additional city fee to be determined by the City Council. Voting aye: Krueger, Meintsma, Hoffmann, Anderson, Grimes, and Moore. Absent, not voting: Joselyn. Motion carried. 11. The City Council considered the special request for an extension of an on -sale liquor license at Tin Alley Grill to include outdoor seating and music at 6830 — 56th Ave N from July 24, - 26, 2003. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the special request for an extension of an on -sale liquor license at Tin Alley Grill to include outdoor seating and music at 6830 — 56th Ave N with restrictions placed on the hours and directed the city clerk to research and make a determination consistent with past practices. By roll call and voting aye: Krueger, Meintsma, Anderson, Grimes, and Hoffmann. Voting no: Moore. Absent, not voting: Joselyn. Motion carried. W. Approved City Council Meeting minutes July 22, 2003 709 Informal Discussion and Announcements ■ Council Member Grimes discussed the upcoming Crystal Frolics events to be held from July 24 - 27. ■ City Manager invited the Council to Sgt. Mike Hardy's retirement party on Friday, July 25. ■ Council Member Anderson reminded everyone that the next City Council Meeting would be on Monday, August 4. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 8:17 p.m. ATTEST: Ja et Lewis, City Clerk Peter E. Meintsma, Ma 709 1 Approved Council Meeting minutes August 4, 2003 710 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, August 4, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Upon roll call, the following members were present: COUNCIL: Grimes, Moore, Meintsma, Anderson, Hoffmann, and Krueger. ABSENT: Joselyn. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Police Chief H. Algyer, and City Clerk J. Lewis. Pledge of allegiance The Mayor led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Work Session of the City Council from July 22, 2003; and ■ Regular City Council Meeting from July 22, 2003. Moved by Council Member Grimes and seconded by Council Member Moore to approve the minutes of the following meetings: ■ Work Session of the City Council from July 22, 2003; and ■ Regular City Council Meeting from July 22, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on August 6, 2003, submitted by Anthony Dooher, 3829 Hampshire Ave N, Crystal MN 55427. 4. Approval of a special permit application to use, consume, and display wine and beer at Lions Valley Place Park on August 16, 2003, submitted by Gale Braun, 2610 Noble Ave N, Golden Valley MN 55422. Moved by Council Member Krueger and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. 710 Approved Council Meeting minutes August 4, 2003 711 Public Hearings 1. Mayor Meintsma declared this public hearing was continued from July 22, 2003, and that the City Council would consider an off -sale liquor license at the Crystal Liquors I, 5924 West Broadway, submitted by Terry Le and Ly Van. The Mayor asked those present to voice their opinions or ask questions concerning the matter. No public comment was given. The Mayor declared the first public hearing closed. In a phone conversation with the city clerk, the applicants requested that the city postpone and reschedule consideration of an off -sale liquor license at Crystal Liquors I, 5924 West Broadway. No Council action was necessary. 2. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider an off -sale, 3.2 malt liquor license at GF Crystal, 4800 - 56th Ave N, submitted Girma Fita. The Mayor asked those present to voice their opinions or ask questions concerning the matter. The Council received a letter from Katie Fernholz and Shawn Markham, 5700 Perry Ave N, who opposed granting the off -sale, 3.2 malt liquor license at 4800 — 56th Ave N. The Mayor declared the second public hearing closed. Moved by Council Member Grimes and seconded by Council Member Anderson to continue the public hearing for the off -sale liquor license at GF Crystal, 4800 — 56th Ave N, submitted by Girma Fita until August 19, 2003 and directed the city clerk to notify the applicant that he is required to be present at the meeting. Voting aye: Krueger, Hoffmann, Anderson, Moore, Meintsma, and Grimes. Absent, not voting: Joselyn. Motion carried. Open Forum No public comment was given during open foram. Regular Agenda 1. The Council received updates on the Highway 100 Sound Wall and Pedestrian Bridge Trails from Public Works Director T. Mathisen. No Council action was necessary. 2. The Council considered Resolution 2003-62 approving CIP expenditures for Utility Department upgrade of the South Lift Station and purchase of trailer mounted pump. Public Works Director T. Mathisen presented to the Council. 711 Approved Council Meeting minutes August 4, 2003 712 Regular agenda continued Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-62 RESOLUTION APPROVING CIP EXPENDITURES FOR THE UTILITY DEPARTMENT UPGRADES OF THE SOUTH LIFT STATION AND PURCHASE OF TRAILER MOUNTED PUMP Voting aye: Krueger, Hoffmann, Anderson, Moore, Meintsma, and Grimes. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 3. The Council considered Resolution 2003-63 approving PIR expenditure for repair of the Street Department's motor grader engine. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-63 RESOLUTION APPROVING PIR EXPENDITURE FOR REPAIR OF THE STREET DEPARTMENT'S MOTOR GRADER ENGINE Voting aye: Krueger, Hoffmann, Anderson, Moore, Meintsma, and Grimes. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. 4. The Council considered the special request for extension of a club on -sale liquor license at VFW Post 494 to include outdoor seating and music at 5225 — 56th Ave N from 1:00 p.m. until 3:00 p.m. on August 17, 2003. Moved by Council Member Grimes and seconded by Council Member Moore to approve the special request for extension of a club on -sale liquor license at VFW Post 494 to include outdoor seating and music at 5225 — 56th Ave N from 1:00 p.m. until 3:00 p.m. on August 17, 2003. Voting aye: Krueger, Hoffmann, Anderson, Moore, Meintsma, and Grimes. Absent, not voting: Joselyn. Motion carried. 712 Approved Council Meeting minutes August 4, 2003 713 Regular agenda continued 5. The Council considered the First Reading of Ordinance 2003- amending Crystal City Code Section 940 — Civil Disorder. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 940 CIVIL DISORDER and further, that the Second and Final Reading be held on August 19, 2003. Voting aye: Krueger, Hoffmann, Anderson, Moore, Meintsma, and Grimes. Absent, not voting: Joselyn. Motion carried. Informal Discussion and Announcements The Council discussed the following: ■ The approved work session on August 26, 2003 and agreed to begin at 7:00 p.m.; and ■ Block parties for National Night Out on August 6, 2003. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:35 p.m. Peter E. Mein sma, ayor " ATTEST: Jan t Lewis, City Clerk 713 1 1 Regular City Council Meeting minutes August 19, 2003 715 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, August 19, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. The Mayor called the meeting to order. Upon roll call the following members were present: COUNCIL: Joselyn, Grimes, Moore, Meintsma, Anderson, Hoffmann, and Krueger (arrived at 7:12 p.m.) STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, City Planner J. Sutter, Police Chief A. Algyer, Recreation Director G. Hackett, and City Clerk J. Lewis. Pledge of Allegiance The Mayor led the Council and audience in the Pledge of Allegiance. Presentation of Awards The Mayor presented awards to the 2003 Landscape & Garden Contest winners. Residential Garden First Place Second Place Third Place Jeffrey and Greta Becker Sheryl Curry Gabriela Remiarz 3449 Wisconsin Ave 6907 Hill Place 3617 Colorado Ave (not present at meeting) First Place Ann Katzmarek & Betsy Aldrich 3430 Florida Ave First Place Heathers Manor 3000 Douglas Drive Residential Landscape Second Place Thomas Zolik 7001 Hill Place (not present at meeting) Commercial Business Landscape Third Place Anita Lutgen 511735 th Ave Council Minutes 1. The Council considered the minutes from the Regular City Council Meeting of August 4, 2003. Moved by Council Member Joselyn and seconded by Council Member Anderson to approve the minutes from the Regular City Council Meeting of August 4, 2003. Motion carried. 715 Regular City Council Meeting minutes August 19, 2003 716 Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. Public Hearings 1. Mayor Meintsma declared this was the date and time to continue the public hearing to consider an off -sale, 3.2 malt liquor license at GF Crystal, 4800 Bass Lake Road submitted by Girma Fita. The Mayor asked those present to voice their opinions or ask questions concerning the matter. A letter from Katie Fernholz and Shawn Markham, 5700 Perry Ave N., was submitted as written testimony opposing the off - sale, 3.2 malt liquor license. The applicant, Mr. Girma Fita attended the public hearing. The Mayor declared the first public hearing closed. Moved by Council Member Krueger and seconded by Council Member Joselyn to approve the off -sale, 3.2 malt liquor license for GF Crystal, 4800 — 56th Ave N, submitted by Girma Fita. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Meintsma, Moore, and Grimes. Motion carried. 2. Mayor Meintsma declared this was the date and time as advertised for a public hearing when the City Council will consider a resolution authorizing transfer of certain real property to Industrial Equities Group, LLC. The Mayor asked those present to voice their opinions or ask questions concerning the matter. No public comment was given. The Mayor declared the second public hearing closed. Moved by Council Member Anderson and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-64 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY TO INDUSTRIAL EQUITIES, LLC 716 Regular City Council Meeting minutes August 19, 2003 717 Public Hearing continued Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Meintsma, Moore, and Grimes. Motion carried, resolution declared adopted. Open Forum No public comment was given during open forum. Regular Agenda 1. The Council received a petition with 850 names and a presentation on keeping the municipal pool open from Connor Merriam and his mother Lori Merriam, 4901 Douglas Drive N. 2. The Council considered Resolution 2003-65 commending Captain Craig Thomseth for years of dedicated service. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-65 RESOLUTION COMMENDING POLICE CAPTAIN CRAIG THOMSETH Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Meintsma, Moore, and Grimes. Motion carried, resolution declared adopted. 3. The Council considered the new appointment to the Environmental Quality Commission by Jay Daniel Anderson, 5319 — 54th Ave N, for an unexpired term expiring December 31, 2005. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the new appointment to the EQC by Jay Daniel Anderson, 5319 — 54tH Ave N., for an unexpired term expiring December 31, 2005. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Meintsma, Moore, and Grimes. Motion carried. 717 Regular City Council Meeting minutes August 19, 2003 718 Regular agenda continued 4. The Council considered the new appointment to the Environmental Quality Commission by Samantha Erickson, 4318 Zane Ave N, for an unexpired term expiring December 31, 2005. Moved by Mayor Meintsma and seconded by Council Member Krueger to approve the new appointment to the EQC by Samantha Erickson, 4318 Zane Ave N., for an unexpired term expiring December 31, 2005. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Meintsma, Moore, and Grimes. Motion carried. Mayor Meintsma left the meeting at 7:35 p.m. and Mayor Pro Tem Krueger presided over the remaining Council Meeting. 5. The Council considered variance requests to allow two accessory parking spaces at 6526 59th Ave N. City Planner J. Sutter presented to the Council. Moved by Council Member Hoffmann and seconded by Council Member Anderson to deny, as recommended by the Planning Commission at its August 11, 2003 meeting and based on the Findings of Fact listed in Section C(1) of the Staff Report, the variance request to allow two accessory parking spaces at 6526 — 59th Ave N. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. Moved by Council Member Moore and seconded by Council Member Grimes to approve, as recommended by the Planning Commission at its August 11, 2003 meeting and based on the Findings of Fact listed in Section C(2) of the Staff Report, the variance request to allow the driveway at 6526 — 59th Ave N to be widened to match the full width of the garage, as illustrated in Staff Alternate #3. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. 718 Regular City Council Meeting minutes August 19, 2003 719 6. The Council considered the Second Reading of Ordinance 2003-03 related to Zoning; amending Crystal City Code Appendix I — Zoning, Subsection 515.61, Subdivisions 9 ad 10, by changing the zoning classification of certain property located at 5509 — 56th Ave N from R-1 to B-2. City Planner J. Sutter was available to answer questions. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003-03 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I — ZONING, SUBSECTION 515.61, SUBDIVISIONS 9 AND 10) BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY LOCATED AT 5509 — 56TH AVE N FROM R-1 SINGLE FAMILY RESIDENTIAL TO B-2 LIMITED COMMERCIAL and further, that this is the Second and Final Reading. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried; ordinance adopted. 7. The Council considered Resolution 2003-66 ordering the preparation of an Assessment Roll, declaring the amount to be assessed, and setting a public hearing date on October 21, 2003 for assessing delinquent accounts. Finance Director S. Dunfee was available to answer questions. Moved by Council Member Joselyn and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-66 RESOLUTION ORDERING THE PREPARATION OF AN ASSESSMENT ROLL, DECLARING THE AMOUNT TO BE ASSESSED, AND SETTING A PUBLIC HEARING DATE FOR ASSESSING DELINQUENT ACCOUNTS Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. 719 Regular City Council Meeting minutes August 19, 2003 720 Regular agenda continued 8. The Council considered the Fixed Assets Policy and Procedure. Finance Director S. Dunfee presented to the Council. Moved by Council Member Moore and seconded by Council Member Anderson to approve the Fixed Assets Policy and Procedure. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. 9. The Council considered Resolution 2003-67 awarding the Annual Street Striping Contract to United Rentals Highway Technologies, Inc., the lowest bidder. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Grimes and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-67 RESOLUTION AWARDING THE ANNUAL STREET STRIPING CONTRACT TO THE LOWEST BIDDER Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. 10. The Council considered the Second Reading of Ordinance 2003-04 amending Crystal City Code Section 940 — Civil Disorder. City Manager A. Norris was available to answer questions. Moved by Council Member Hoffmann and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003-04 AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 940 CIVIL DISORDER and further, that this is the Second and Final Reading. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried; ordinance adopted. 720 0 Regular City Council Meeting minutes August 19, 2003 721 Regular agenda continued 11. Consideration of Resolution 2003-68 amending the Personnel Policy regarding employees' safety and weapons in the workplace. City Manager A. Norris was available to answer questions. Moved by Council Member Hoffmann and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-68 RESOLUTION AMENDING THE PERSONNEL POLICY REGARDING EMPLOYEES' SAFETY AND WEAPONS IN THE WORK PLACE Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. 12. The Council considered the First Reading of Ordinance 2003- amending Crystal City Code Section 100.07 — adopting by reference the official statutes, codes, regulations, and ordinances. City Manager A. Norris was available to answer questions. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 100.07 ADOPTING BY REFERENCE THE OFFICIAL STATUTES, CODES, REGULATIONS AND ORDINANCES and further, that the Second and Reading be held on September 16, 2003. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. 721 Regular City Council Meeting minutes August 19, 2003 722 Regular agenda continued 13. The Council considered an application for an optional 2:00 A.M. bar closing license submitted by Robeck Industries, Inc. d.b.a. Steve O's at 4900 West Broadway. Moved by Council Member Grimes and seconded by Council Member Moore to approve the 2:00 A.M. bar closing license submitted by Robeck Industries d.b.a. Steve O's at 4900 West Broadway and require that it be subject to the imposition of an additional city fee to be determined by the City Council. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. 14. The Council considered a date and time for the Truth in Taxation Hearing. Moved by Council Member Grimes and seconded by Council Member Hoffmann to set 7:00 p.m. on December 1, 2003 for the Truth in Taxation Hearing and to reschedule the first regular meeting in December from December 2 to December 1, 2003. Voting aye: Krueger, Joselyn, Hoffmann, Anderson, Moore, and Grimes. Absent, not voting: Meintsma. Motion carried. Informal Discussion and Announcements The City Manager discussed the following with the Council: ■ Work session at 7:00 p.m. on Tuesday, August 26 in the community room to discuss the 2004 budget ■ Developers' Open House from 6-7:00 p.m. on Thursday, August 28 at City Hall regarding the Crystal Center remodeling Project Moved by Council Member Hoffmann and seconded by Council Member Joselyn to adjourn the meeting. Motion carried. The meeting adjourned at 7:59 p.m. ATTEST: Thomas G. Krueger, Ma r Pro Tem Janet Lewis, City Clerk 722 i� [1 Crystal City Council Meeting minutes September 2, 2003 725 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, September 2, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Pro Tem Krueger called the meeting to order. Upon roll call the following members were present: COUNCIL: Mayor Pro Tem Krueger, Grimes, Moore, Anderson, Hoffmann, and Joselyn. ABSENT: Meintsma STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, Police Chief H. Aigyer, and City Clerk J. Lewis. Pledge of Allegiance Mayor Pro Tem Krueger led the Council and audience in the Pledge of Allegiance. Acknowledgement Mayor Pro Tem Krueger acknowledged the $2,000 donation received by the Recreation Department from the VFW Post 494. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Two Work Sessions and Regular City Council Meeting from August 19, 2003; and ■ Budget Work Session from August 26, 2003. Moved by Council Member Joselyn and seconded approve the minutes from following meetings: ■ Two Work Sessions and Regular City Council and ■ Budget Work Session from August 26, 2003. by Council Member Hoffmann to Meeting from August 19, 2003; Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit to use, consume, and display wine and beer at the Community Center for a wedding on October 18, 2003, submitted by Pheavanh Souvannalath, 1829 Valley Ridge Trail, Chanhassen, MN 55317. 725 Crystal City Council Meeting minutes September 2, 2003 726 Moved by Council Member Hoffmann and seconded by Council Member Moore to approve the consent agenda. Motion carried. Open Forum David Morgan, 2956 Edgewood Ave N, addressed the Council about the complaint that was issued for tree planting in the public right-of-way on his property. After much discussion, Mr. Morgan agreed to remove his trees but asked for a 60 -day extension. The Council referred this matter to staff. Regular Agenda 1. The Council considered the new appointment to the Northwest Hennepin Human Services Council Advisory Commission for Lorraine Diederichs, 8333 — 32nd Ave N for an unexpired term expiring December 31, 2004. Moved by Mayor Pro Tem Krueger and seconded by Council Member Moore to approve the new appointment to the NWHHSC for Lorraine Diederichs, 8333 — 32nd Ave N for an unexpired term expiring December 31, 2004. Voting aye: Krueger, Grimes, Moore, Anderson, Hoffmann and Joselyn; absent, not voting: Meintsma. Motion carried. 2. The Council received a petition with 57 signatures and heard comments about the proposed sidewalk on Hampshire Ave from Mr. Don Crawford, 3833 Hampshire Ave N. The residents signing the petition oppose the construction of a sidewalk. No other Council action was necessary. 3. The Council considered the Second Reading of Ordinances implementing utility franchise fees for Xcel Energy and CenterPoint Energy Minnegasco in the City of Crystal. Moved by Council Member Moore and seconded by Council Member Hoffmann to table the Second Reading of ordinances implementing utility franchise fees until an undetermined date in 2004. Moved by Council Member Joselyn and seconded by Council Member Grimes to amend the main motion to table the Second Reading of ordinances implementing utility franchise fees until the next Council Meeting on September 16, 2003. 726 Crystal City Council Meeting minutes September 2, 2003 727 The City Attorney discussed the requirements concerning ordinance readings and recommended that if the Second Reading was tabled until next year, that the Council should start the process again and begin with a First Reading. By roll call and voting aye on the motion to amend the main motion: Krueger, Anderson, Grimes, Hoffmann, and Joselyn; voting no: Moore; absent, not voting: Meintsma. Motion carried. By roll call and voting aye on the main motion as amended: Anderson, Grimes, Hoffmann, Joselyn, and Krueger; voting no: Moore; absent, not voting: Meintsma. Motion carried. 4. The Council considered Resolution 2003- 69 canceling Debt Service Tax Levies for Improvement Bonds. Finance Director S. Dunfee was available to answer questions. Moved by Council Member Moore and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-69 RESOLUTION CANCELING DEBT SERVICE TAX LEVIES FOR IMPROVEMENT BONDS Voting aye: Krueger, Grimes, Moore, Anderson, Hoffmann and Joselyn; absent, not voting: Meintsma. Motion carried, resolution declared adopted. 5. The Council considered Resolution 2003- 70 adopting a preliminary tax levy to the Hennepin County Auditor for payable 2004. Finance Director S. Dunfee was available to answer questions. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, as presented by staff: RESOLUTION NO. 2003-70 RESOLUTION ADOPTING PRELIMINARY TAX LEVIES TO THE HENNEPIN COUNTY AUDITOR FOR PAYABLE 2004 727 Crystal City Council Meeting minutes September 2, 2003 728 Moved by Council Member Anderson and seconded by Council Member Moore to amend the following resolution to reduce the levy by $145,924 (amount as defined for the 2003 fire equipment certificates). By roll call and voting aye on the motion to amend the resolution: Anderson and Krueger; voting no: Grimes, Hoffmann, Joselyn, and Moore; absent, not voting: Meintsma. Motion failed. Voting aye on the main motion to approve the resolution: Anderson, Grimes, Hoffmann, Joselyn, Krueger, and Moore; absent, not voting: Meintsma. Motion carried, resolution declared adopted. 6. The Council considered the Second Reading of Ordinance 2003-05 amending Crystal City Code Section 100.07 — adopting by reference the official statutes, codes, regulations, and ordinances. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following ordinance: ORDINANCE NO. 2003-05 AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 100.07 ADOPTING BY REFERENCE THE OFFICIAL STATUTES, CODES, REGULATIONS AND ORDINANCES and further, that this is the Second and Reading. Voting aye: Krueger, Grimes, Moore, Anderson, Hoffmann and Joselyn; absent, not voting: Meintsma. Motion carried. 7. The Council considered a date and time for the October work session. The Council agreed to change the regularly scheduled October 9th work session to October 7th, immediately following the regular Council Meeting. No other Council action was necessary. 728 1 Crystal City Council Meeting minutes September 2, 2003 729 Informal Discussion and Announcements Council Member Moore thanked Sergeant Gustafson and Officer Lefty Gomez for their assistance during her Ride -Along. The upcoming meetings were discussed: September 11 Work session on to discuss the street reconstruction project and the 2004 budget. September 18 Neighborhood Meeting to discuss the Feasibility Study for Crystal Heights September 25 Neighborhood Meeting to review the 32nd Ave regional corridor trail system. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 7:50 p.m. ATTEST: Janet Lewis, City Clerk Motion carried. Thomas G. Krueger, yor Pro Tem 729 Regular Council Meeting minutes September 16, 2003 732 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, September 16, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Meintsma called the meeting to order. Upon roll call the following members were present: COUNCIL: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, City Planner J. Sutter, and City Clerk J. Lewis. Pledge of Allegiance Mayor Meintsma led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the following meetings: ■ The Regular City Council Meeting and the Work Session from September 2, 2003; and ■ The September 11, 2003 Work Session. Moved by Council Member Joselyn and seconded by Council Member Krueger to approve the minutes from following meetings: ■ The Regular City Council Meeting and the Work Session from September 2, 2003; and ■ The September 11, 2003 Work Session. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. Open Forum Don Crawford brought a statement to the Council during open forum but was asked to wait and offer it during discussion of item # 4 of the Regular Agenda. 732 Regular Council Meeting minutes September 16, 2003 733 Regular Agenda The Council received the presentation by PRISM Development Manager Rebekah Moir and considered Resolution 2003-71 supporting PRISM's First Annual "Sleep Out for National Hunger and Homelessness Awareness Week". Moved by Council Member Moore and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-71 RESOLUTION SUPPORTING PRISM'S FIRST ANNUAL SLEEP OUT FOR NATIONAL HUNGER & HOMELESSNESS AWARENESS WEEK Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried, resolution declared adopted. 2. The Council considered two variances at 3549 June Ave N. to a) allow a driveway to be 36' wide instead of 30' wide and to b) increase the maximum rear yard structure coverage from 30% to 50%. City Planner J. Sutter presented to the Council. a) Motion for the driveway variance Moved by Council Member Hoffmann and seconded by Council Member Joselyn to deny, as recommended by the Planning Commission at their meeting on September 8, 2003 and based on the Findings of Fact in Section C(1) of the staff report, the variance to allow the driveway at 3549 June Ave N to be 36" wide instead of 30' wide. Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. b) Motion for the variance to increase the maximum year Yard structure coverage Moved by Council Member Krueger and seconded by Council Member Anderson to approve, as recommended by the Planning Commission at their meeting on September 8, 2003 and based on the Findings of Fact in Section C(2) of the staff report, the variance to increase the maximum rear yard structure coverage from 30% to 50% at 3549 June Ave N. Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. 733 Regular Council Meeting minutes September 16, 2003 734 Regular agenda continued Mark Pirkl, 3549 June Ave N, addressed the Council on behalf of the applicant and requested that the Council reconsider the variance, but allow a 32' driveway instead of a 30' driveway at 3549 June Ave N. He presented photographs of the existing driveway and urged that the 32' driveway would be more aesthetically pleasing and would allow applicant to park more cars. Moved by Council Member Moore and seconded by Council Member Krueger to reconsider the motion to deny on item 2(a). By roll call and voting aye: Grimes, Joselyn, Krueger, Meintsma and Moore; Voting no: Hoffmann and Anderson. Motion carried. There was no motion to amend the motion to deny; the motion on the table was the original motion to deny as recommended by the Planning Commission at their meeting on September 8, 2003 and based on the Findings of Fact in Section C(1) of the staff report, the variance to allow the driveway at 3549 June Ave N to be 36" wide instead of 30' wide. By roll call and voting aye: Hoffmann, Joselyn, Krueger, Meintsma, Anderson, and Grimes; Voting no: Moore. Motion carried. 3. The Council considered a variance at 3444 Yates Ave N. to establish the minimum front setback at 60' from the centerline of the street instead of 30' from the front lot line. City Planner J. Sutter presented to the Council. Moved by Council Member Moore and seconded by Council Member Hoffmann to approve, as recommended by the Planning Commission at their meeting on September 8, 2003 and based on the Findings of Fact in Section C(1) of the staff report, the variance to establish the minimum front setback at 60' from the centerline of the street instead of 30' from the front lot line at 3444 Yates Ave N. Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. 4. The Council considered Resolution 2003-72 receiving the Phase 6 Street Reconstruction Feasibility Study, setting the date for the neighborhood meeting, and ordering the Public Hearing for Project #2003-4. SEH Project Manager Paul Pasko and Public Works Director T. Mathisen presented to the Council. Don Crawford, 3833 Hampshire Ave N, offered a statement to the Council requesting that the public hearing be delayed, but withdrew his request upon . „,,,, 734 Regular Council Meeting minutes September 16, 2003 735 hearing from staff that there would be subsequent opportunities for input regarding the project. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-72 RESOLUTION RECEIVING THE FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON IMPROVEMENT - BROWNWOOD PHASE 6 STREET RECONSTRUCTION PROJECT #2003-4 Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried, resolution declared adopted. 5. The Council considered Resolution 2003-73 certifying the amount to be assessed and ordering the 2003 Seal Coat Assessment Hearing. Public Works Director T. Mathisen presented to the Council. Moved by Council Member Joselyn and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-73 RESOLUTION DECLARING THE AMOUNT TO BE ASSESSED, ORDERING THE PREPARATION OF THE ASSESSMENT ROLL, AND SETTING THE DATE FOR A PUBLIC HEARING FOR THE 2003 SEAL COAT PROJECT Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried, resolution declared adopted. 6. The Council considered the Second Reading of Ordinances implementing franchise fees for a) Xcel Energy and b) CenterPoint Energy Minnegasco in the City of Crystal. Residents addressing the Council were Don Crawford, 3833 Hampshire Ave N. and Jean Jordan, 3408 Regent Ave N. Moved by Council Member Joselyn and seconded by Council Member Grimes to adopt the following ordinances: 735 C Regular Council Meeting minutes September 16, 2003 736 Regular agenda continued ORDINANCE NO. 2003 - AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING SERVICE WITHIN THE CITY OF CRYSTAL wars ORDINANCE NO. 2003 - AN ORDINANCE IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING SERVICE WITHIN THE CITY OF CRYSTAL By roll call and voting aye: Joselyn, Meintsma, and Grimes; Voting no: Hoffmann, Krueger, Moore, and Anderson. Motion failed. 7. The Council considered Resolution 2003-74 relating to lawful gambling; approving a premise permit for West Metro Fire Rescue District Relief Association at Jake's Sports Caf6 located at 5216 West Broadway. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-74 RESOLUTION RELATING TO LAWFUL GAMBLING; APPROVING A PREMISE PERMIT AT 5216 WEST BROADWAY IN THE CITY OF CRYSTAL Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried, resolution declared adopted. 736 Regular Council Meeting minutes September 16, 2003 737 Regular agenda continued 8. The Council considered a date & time to conduct a work session with the Crystal Planning Commission to review the new Zoning Ordinance & map. Moved by Council Member Moore and seconded by Council Member Grimes to set the date and time for a work session with the Planning Commission at 7:00 p.m. on Thursday, October 23, 2003. Voting aye: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. Informal Discussion and Announcements The Council discussed the following meetings: September 18 Crystal Heights Neighborhood Meeting, 6:30-8:30 p.m. in the Community Room September 25 Three Rivers Park District Regional Trail Open House, 4:30-7:30 p.m. in the Community Room September 30 Phase 6 Street Reconstruction Neighborhood Meeting, time TBD in the Community Room October 6 Planning Commission Open House re: new Zoning Ordinance and map, 6:00-8:00 p.m. in the Community Room October 11 Hagemeister Park Dedication October 14 JWC Open House, 4:00-7:00 p.m. in the Council Chambers & Community Room Moved by Council Member Joselyn and seconded by Council Member Hoffmann to adjourn the meeting. The meeting adjourned at 8:55 p.m. -?" /0' 0 MM"'' - , - r ATTEST: AAA .�� J et Lewis, City Clerk Motion carried. 737 Regular Council Meeting minutes October 7, 2003 739 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, October 7, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Pro Tem Krueger called the meeting to order. Upon roll call the following members were present: COUNCIL: Grimes, Joselyn, Mayor Pro Tem Krueger, Anderson, Hoffmann, and Moore (arrived at 7:06 p.m). ABSENT: Meintsma. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Police Chief H. Algyer, and City Clerk J. Lewis. Pledge of Alle is iance Mayor Pro Tem Krueger led the Council and audience in the Pledge of Allegiance. Acknowledgement of Donation ■ The Council acknowledged the $2,000 donation given by the VFW Post #494 to the Recreation Department for community events in 2004. Council Minutes ■ The Council considered the minutes from the regular City Council Meeting from September 16, 2003. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to approve the minutes from the regular City Council Meeting from September 16, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Adoption of Resolution 2003- approving Police Department Equipment Fund expenditure for the purchase of one Police Department vehicle. Council Member Anderson requested that item #3 be removed from the Consent agenda and placed at the end of the Regular agenda. Moved by Council Member Grimes and seconded by Council Member Anderson to approve the consent agenda with the removal of item # 3 and that item #3 be added to the end of the regular agenda. Motion carried. 739 Regular Council Meeting minutes October 7, 2003 740 Public Hearings 1. Mayor Pro Tem Krueger declared this was the date and time as advertised for a public hearing at which time the City Council will consider a new, off -sale liquor license at 5924 West Broadway submitted by Terry Le and Ly Van. The applicants addressed the Council. Mayor Pro Tem Krueger opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Pro Tem Krueger declared the public hearing closed. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the new, off -sale liquor license at 5924 West Broadway submitted by Terry Le and Ly Van. Voting aye: Krueger, Hoffmann, Joselyn, Moore, Anderson, and Grimes. Absent, not voting: Meintsma. Motion carried. 2. Mayor Pro Tem Krueger declared this was the date and time as advertised for a public hearing at which time the City Council will consider Resolution 2003-75 ordering Public Improvement Project # 2003-4 — Phase 6 Brownwood Street Reconstruction. Presentations were given by City Engineer Tom Mathisen and SEH Project Manager Paul Pasko. Mayor Pro Tem Krueger opened the public hearing for testimony. The following individuals addressed the Council: ■ David Williams, 3804 Hampshire Ave N ■ Darwin Llndahl, 3836 Hampshire Ave N ■ Naomi Davidson, 4141 Kentucky Ave N ■ Craig Niemann, 3949 Georgia Ave N ■ Carl Orstad, 3829 Florida Ave N ■ Harold Zappa, 3940 Florida Ave N • Craig Hewitt, 3828 Hampshire Ave N ■ Darren Byrnes, 3917 Hampshire Ave N ■ Don Crawford, 3833 Hampshire Ave N ■ Jim Martin, 3948 Hampshire Ave N There being no one else wishing to appear before the Council to give testimony, Mayor Pro Tem Krueger declared the public hearing closed. 740 Regular Council Meeting minutes October 7, 2003 741 Public Hearing continued Moved by Council Member Moore and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-75 RESOLUTION ORDERING PUBLIC IMPROVEMENT PROJECT # 2003-4 PHASE 6 — BROWNWOOD STREET RECONSTRUCTION Voting aye: Krueger, Hoffmann, Joselyn, Moore, Anderson, and Grimes. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. Open Forum No public comment was given during open forum. Regular Agenda 1. The Council heard presentations about outreach programs for seniors from Counselors Barbara Lopata, Joe Walter, and Rita DeBryan with Senior Community Services. No Council action was necessary. 2. The Council heard a presentation from Nancy Petrie about mental health awareness and the Third Annual Walk N' Roll Campaign to be held on October 11, 2003. No Council action was necessary. 3. The Council considered a private kennel license at 3141 Winnetka Ave N. submitted by Nancy Petrie. Mayor Pro Tem recognized the letter submitted by Roger Ness, 3140 Utah Ave N, supporting this private kennel license. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the private kennel license at 3141 Winnetka Ave N submitted by Nancy Petrie. Voting aye: Krueger, Hoffmann, Joselyn, Moore, Anderson, and Grimes. Absent, not voting: Meintsma. Motion carried. 741 Regular Council Meeting minutes October 7, 2003 742 Regular agenda continued 4. The Council considered the donation and license agreements for a portion of the lot at 4068 Hampshire Ave N. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the donation and license agreements for a portion of the lot at 4068 Hampshire Ave N. By roll call and voting aye: Krueger, Moore, Anderson, Grimes, and Hoffmann. Abstaining from voting: Joselyn. Absent, not voting: Meintsma. Motion carried. 5. The Council considered two applications for optional 2:00 A.M. closing licenses (3.2 malt liquor/off-sale) submitted by Speedway SuperAmerica LLC for SuperAmerica stores located at 5359 West Broadway and 7818 — 36th Ave N. Moved by Council Member Grimes and seconded by Council Member Anderson to continue the discussion of the two applications submitted for optional 2:00 A.M. closing licenses by Speedway SuperAmerica LLC for SuperAmerica stores located at 5359 West Broadway and 7818 — 36th Ave N. until the next Council Meeting, and directed staff and City Attorney to review law changes relating to the 2:00 A.M. closing. Voting aye: Krueger, Hoffmann, Joselyn, Moore, Anderson, and Grimes. Absent, not voting: Meintsma. Motion carried. 6. The Council considered Resolution 2003-76 approving Police Department Equipment Fund expenditure for the purchase of one Police Department vehicle. Police Chief H. Algyer addressed the Council. Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-76 RESOLUTION APPROVING POLICE DEPARTMENT EQUIPMENT FUND EXPENDITURE FOR THE PURCHASE OF ONE POLICE DEPARTMENT VEHICLE Voting aye: Krueger, Hoffmann, Joselyn, Moore, Anderson, and Grimes. Absent, not voting: Meintsma. Motion carried, resolution declared adopted. 742 Regular Council Meeting minutes October 7, 2003 743 Informal Discussion and Announcements The Council discussed the following meetings: (Listed in chronological order) October 11 Hagemeister Park Dedication, 11:00 a.m. West Metro Fire Open House, 11:00 a.m. Bassett Creek Clean -Up Day October 13 Planning Commission Public Hearing & Meeting October 14 JWC Open House, 4:00-7:00 p.m. in the Council Chambers & Community Room October 21 Regular City Council Meeting October 27 Human Rights Commission forum on preventing hate crimes and bigotry November 4 Regular City Council Meeting begins at 8:00 p.m. Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 9:17 p.m. Thomas G. Krueger, May Pro Tem ATTEST: Janet Lewis, City Clerk 743 Crystal City Council Closed Executive Session October 21, 2003 744 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the special session of the Crystal City Council was held at 6:15 p.m. on October 21, 2003 at 4141 Douglas Drive, Crystal, Minnesota in Conference Room A and immediately adjourned into a closed executive session. The City Manager recorded the attendance and the following members were present: COUNCIL: Krueger, Joselyn, Grimes, Hoffmann, Anderson, Meintsma and Moore. STAFF: City Manager A. Norris and Finance Director S. Dunfee. OTHER: A. Anthonsen, negotiator with Labor Relations Associates The Council discussed labor negotiation strategies. The closed executive session adjourned at 6:50 p.m. 911 1P9. r v'reter E. Meint ATTEST: a n / Ante Norris, ity Manager min10-21-03dosedws doc Crystal City Council Meeting minutes October 21, 2003 745 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, October 21, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Meintsma called the meeting to order. Upon roll call the following members were present: COUNCIL: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. STAFF: City Manager A. Norris, City Attorney S. Bubul, Public Works Director T. Mathisen, Finance Director S. Dunfee, City Planner J. Sutter, and City Clerk J. Lewis. Pledge of Allegiance Mayor Meintsma led the Council and audience in the Pledge of Allegiance. Council Minutes 1. The Council considered the minutes from the Work Session and regular City Council Meeting from October 7, 2003. Moved by Council Member Krueger and seconded by Council Member Grimes to approve the minutes from the Work Session and regular City Council Meeting from October 7, 2003. Moved by Council Member Joselyn and seconded by Council Member Krueger to amend the main motion to approve the minutes with the deletion of the first paragraph on page 741. Voting aye on the motion to amend: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. Voting aye on the amended motion: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Adoption of Resolution 2003-77 approving modification of Optional Redemption Provisions for City of Crystal, Minnesota Multi -family Housing Refunding Revenue Bonds, (Calibre Chase Project ) Series 1992. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. 745 Crystal City Council Meeting minutes October 21, 2003 746 Public Hearings 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council considered Resolution 2003-78 adopting the Assessment Roll for 2003 Sealcoat Program. Public Works Director T. Mathisen presented to the Council. Mayor Meintsma opened the public hearing for testimony. The following resident addressed the Council: Robert Burns, 5533 Toledo Ave N There being no one else wishing to appear before the Council to give testimony, Mayor Meintsma declared the public hearing closed. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-78 RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR 2003 SEALCOAT PROGRAM Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 2. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council considered Resolution 2003-79 adopting the Assessment Roll for Year 2003 delinquent accounts. Finance Director S. Dunfee addressed to the Council. Mayor Meintsma opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Meintsma declared the public hearing closed. Moved by Council Member Moore and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-79 RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR YEAR 2003 DELINQUENT ACCOUNTS Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 746 LI Crystal City Council Meeting minutes October 21, 2003 Open Forum No public comment was given during open forum. 747 Regular Agenda 1. The Council considered a new appointment to the Environmental Quality Commission for Amber Wichmann for an unexpired term expiring December 31, 2005. Moved by Council Member Krueger and seconded by Council Member Moore to approve the new appointment to the EQC for Amber Wichmann for an unexpired term expiring December 31, 2005. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 2. The Council considered Resolution 2003-80 appointing representatives to the Shingle Creek Watershed Management Organization, who are Greg Gappa as commissioner for a term beginning December 1, 2003 and expiring December 31, 2006; Tom Mathisen as a member on the Technical Advisory Committee. Moved by Council Member Krueger and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-80 RESOLUTION APPOINTING REPRESENTATIVES TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 3. The Council considered Resolution 2003-81 authorizing Agreement with consulting firm Short, Elliot, and Hendrickson (SEH) to provide final engineering design services for Phase 6 Street Rehabilitation Project #2003-4 — Brownwood. Public Works Director T. Mathisen addressed the Council. Moved by Council Member Hoffmann and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 747 Crystal City Council Meeting minutes October 21, 2003 748 Regular agenda continued RESOLUTION NO. 2003-81 RESOLUTION AUTHORIZING AGREEMENT WITH CONSULTING FIRM SHORT, ELLIOT, AND HENDRICKSON (SEH) TO PROVIDE FINAL ENGINEERING DESIGN SERVICES FOR PHASE 6 STREET REHABILITATION PROJECT #2003-4 - BROWNWOOD Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 4. The Council considered a private kennel license at 3303 Louisiana Ave N. submitted by Shelli Gillbank. Moved by Council Member Hoffmann and seconded by Council Member Moore to approve the private kennel license at 3303 Louisiana Ave N submitted by Shelli Gillbank. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 5. The Council considered a private kennel license at 5824 Elmhurst Ave N. submitted by Debra Shepard and Robert Hutchins. Moved by Council Member Grimes and seconded by Council Member Moore to approve the private kennel license at 5824 Elmhurst Ave N submitted by Debra Shepard and Robert Hutchins. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 6. The Council considered a commercial kennel license at 5586 West Broadway, submitted by Julie O'Connor for ARK Pets, Inc. Moved by Council Member Krueger and seconded by Council Member Hoffmann to continue the discussion of the commercial kennel license at 5586 West Broadway submitted by Julie O'Connor for ARK Pets, Inc. until November 4, 2003. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 748 Crystal City Council Meeting minutes October 21, 2003 749 Regular agenda continued 7. The Council considered two Planning Commission recommendations for variance requests at 4948 Quail Ave N and seven other homes in Blocks 1 and 6 of Twin Lake Shores. City Planner J. Sutter presented to the Council. a. A variance to allow a detached accessory building in the front yard at 4948 Quail Ave N; and b. A variance to allow patios in the front yards of the eight homes in Blocks 1 and 6 of Twin Lake Shores. a Motion Moved by Council Member Hoffmann and seconded by Council Member Joselyn to deny, as recommended by the Planning Commission at their meeting on October 13, 2003 and based on the Findings of Fact in Section C(1)(b) of the staff report, the variance to allow a detached accessory building in the front yard at 4948 Quail Ave N. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. b Motion Moved by Council Member Moore and seconded by Council Member Krueger to approve, as recommended by the Planning Commission at its meeting on October 13, 2003 and based on the Findings of Fact in Section C(2)(a) of the staff report and the conditions therein, the variance to allow patios in the front yard of Blocks 1 and 6 of Twin Lake Shores, Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 8. The Council considered two Planning Commission recommendations for variance requests on Proposed improvements to the Crystal Shopping Center located at the SW corner of 56t Ave N and West Broadway (103 Willow Bend). City Planner J. Sutter presented to the Council. The following individuals addressed the Council: Jean Jorgan, 3408 Regent Ave N Kenneth Henk, Director of Development and Construction for Paster Enterprises a. A variance to reduce the minimum required parking lot setback from the lot line along 56th Ave N; b. A Site Plan for improvements to the Crystal Shopping Center. 749 Crystal City Council Meeting minutes October 21, 2003 750 Regular agenda continued a Motion Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve, as recommended by the Planning Commission at their meeting on October 13, 2003 and based on the Findings of Fact on page 2 of exhibit 5 to the staff report, the variance to reduce the minimum required parking lot setback from the lot line along 56th Ave N. By roll call and voting aye: Anderson, Grimes, Hoffmann, Joselyn, and Meintsma. Voting no: Moore and Krueger Motion carried. b Motion Moved by Council Member Moore and seconded by Council Member Grimes to approve, as recommended by the Planning Commission at its meeting on October 13, 2003 and based on the Findings of Fact and conditions in Section B(3)(a through r) of the staff report the Site Plan for the Crystal Shopping Center. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 9. The Council considered Resolution 2003-82 approving an amendment to the Comprehensive Plan to change the Future Land Use Designation of certain parcels in the City of Crystal. City Planner J. Sutter presented to the Council. Moved by Council Member Krueger and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-82 RESOLUTION APROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF CERTAIN PARCELS IN THE CITY OF CRYSTAL Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 10. The Council considered the updated Emergency Management Plan. Moved by Council Member Moore and seconded by Council Member Anderson to approve the updated Emergency Management Plan. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 750 Crystal City Council Meeting minutes October 21, 2003 751 Regular agenda continued 11. The Council considered the 2004 West Metro Fire -Rescue District Budget. Moved by Council Member Moore and seconded by Council Member Anderson to approve the 2004 West Metro Fire -Rescue District Budget with the conditions outlined by City Manager A. Norris in her memo. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 12. The Council considered Resolution 2003-83 adopting the final Fee Schedule for 2004 (excluding utility rates). Finance Director S. Dunfee presented to the Council. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-83 RESOLUTION ADOPTING THE FINAL FEE SCHEDULE FOR 2004 (EXCLUDING UTILITY RATES) Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 13. The Council considered Resolution 2003-84 adopting the amended Flexible Spending Plan. Moved by Council Member Moore and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-84 RESOLUTION ADOPTING THE AMENDED FLEXIBLE SPENDING PLAN Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried, resolution declared adopted. 751 Crystal City Council Meeting minutes October 21, 2003 752 Regular agenda continued 14. The Council considered dates for an October and a November work session. Moved by Council Member Anderson and seconded by Council Member Hoffmann to set the date & time for work sessions in October and November at 7:00 p.m. on October 28 and November 13, 2003. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. 15. The Council considered two applications for optional 2:00 A.M. closing licenses (3.2 malt liquor/off-sale) submitted by Speedway SuperAmerica LLC for SuperAmerica stores located at 5359 West Broadway and 7818 — 36th Ave N. Moved by Council Member Moore and seconded by Council Member Grimes to approve two applications for optional 2:00 A.M. closing licenses submitted by Speedway SuperAmerica LLC for SuperAmerica Stores located 5359 West Broadway and 7818 — 36th Ave N. Voting aye: Meintsma, Grimes, Moore, Krueger, Joselyn, Anderson, and Hoffmann. Motion carried. Informal Discussion and Announcements The Council discussed the following meetings: (Meetings listed in chronological order) Oct 23 Joint Work Session with City Council and Planning Commission Oct 27 Human Rights Commission: Preventing hate crimes & bigotry Forum Nov 4 Regular City Council Meeting begins at 8:00 p.m. Moved by Council Member Moore and seconded by Council Member Hoffmann to adjourn the meeting. The meeting adjourned at 8:28 p.m. Peter E. Meintsma, ayor ATTEST: Gs�l Jan Lewis, City Clerk Motion carried. 752 Crystal City Council Meeting minutes November 4, 2003 755 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, November 4, 2003 at 8:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Meintsma called the meeting to order. Upon roll call, the following members were present: COUNCIL: Meintsma, Grimes, Joselyn, Krueger, Anderson, Hoffmann, and Moore. STAFF: City Manager A. Norris, City Attorney S. Bubul, City Engineer T. Mathisen, Police Chief H. Algyer, Recreation Director G. Hackett, and City Clerk J. Lewis. Pledge of Allegiance Mayor Meintsma led the Council and audience in the Pledge of Allegiance. Promotional Pinning Ceremony Police Chief Algyer performed the promotional pinning ceremony for Patrol Sergeant Stephanie Fealy. Council Minutes 1. The Council considered the minutes from the following meetings: ■ Closed Executive Session from October 21, 2003; • Regular City Council Meeting from October 21, 20031- N 003;■ Joint Work Session with the Planning Commission from October 23, 2003; and ■ Work Session from October 28, 2003. Moved by Council Member Joselyn and seconded by Council Member Hoffmann to approve the minutes from the following meetings: ■ Closed Executive Session from October 21, 2003; ■ Regular City Council Meeting from October 21, 2003; ■ Joint Work Session with the Planning Commission from October 23, 2003; and ■ Work Session from October 28, 2003. Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Approval of a special permit application to use, consume, and display wine and beer at Bassett Creek Park on November 9, 2003, submitted by Bill O'Reilly, 3124 Welcome Ave N. . ,I-, 755 Crystal City Council Meeting minutes November 4, 2003 756 Consent agenda continued 4. Acceptance of the resignation from the Human Rights Commission submitted by Valerie Jensen 3409 Noble Ave N. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried. Open Forum No public comment was given during open forum. Regular Agenda The Council considered Resolution 2003-85 approving PERF Expenditures for expenses relating to the upgrade of physical security for the Police Department reception window. Moved by Council Member Moore and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-85 RESOLUTION APPROVING PERF EXPENDITURES FOR EXPENSES RELATING TO THE UPGRADE OF PHYSICAL SECURITY FOR THE POLICE DEPARTMENT RECEPTION WINDOW Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried, resolution declared adopted. 2. The Council received a presentation from Boe Carlson, Trail Coordinator for Three Rivers Park District, and considered Resolution 2003-86 supporting Three Rivers Park District implementation of trails, greenways, and parks in First Tier Communities. The following individuals addressed the Council: Kathy Sandhofer, 3201 Florida Ave N. „ ,,a,. 756 1 Crystal City Council Meeting minutes November 4, 2003 757 Anders Johansson, 8201 — 32nd Ave N. A letter was submitted by the Bob and Barbara Dahl, 3156 Florida Ave N. Moved by Council Member Krueger and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-86 RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREEN WAYS, AND PARKS IN FIRST TIER COMMUNITIES Moved by Council Member Anderson and seconded by Council Member Hoffmann to amend the resolution and include language as provided by Council Member Anderson, which is: "WHEREAS. residents have expressed their concern about having a trail run along 32" Avenue between Boone Avenue and Winnetka Avenue; and "NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Crystal City Council reauests that the Park District consider alternatives to Dlacina the trail on Boone t need not be limited to: Winnetka Avenue, Winpark Drive, Nevada Avenue, and Louisiana Avenue." Voting aye on the motion to amend the resolution: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried. Voting aye on the resolution as amended: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried, resolution declared adopted as amended. 3. The Council considered a commercial kennel license for Cozy Canines located at 2748 Douglas Drive, submitted by Jacqueline Smith. Moved by Council Member Grimes and seconded by Council Member Hoffmann to approve the commercial kennel license for Cozy Canines located at 2748 Douglas Drive, submitted by Jacqueline Smith. Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried. 757 Crystal City Council Meeting minutes November 4, 2003 758 Regular agenda continued 4. The Council received petitions opposing street striping on Hampshire and 38th Avenues and a sidewalk on 38th Avenue (street segments within the Phase 6 Street Reconstruction Project) from residents Darwin Lindahl and Bruce Mohns. 5. The Council considered Resolution 2003- 87 authorizing the preparation and circulation of a Request for Proposal (RFP) for Memory Pond Watershed Flood Insurance Re -study. City Engineer T. Mathisen answered the Council's questions. Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-87 RESOLUTION AUTHORIZING THE PREPARATION AND CIRCULATION OF A REQUEST FOR PROPOSAL FOR MEMORY POND WATERSHED FLOOD INSURANCE RE -STUDY Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried, resolution declared adopted. 6. The Council considered the request for snowplowing in Parkside Acres. Jim Benshoof, Parkside Acres resident and Chair of its Maintenance Committee addressed the Council. Moved by Council Member Krueger and seconded by Council Member Joselyn to approve the request for snowplowing in Parkside Acres. Moved by Council Member Hoffmann and seconded by Council Member Joselyn to table the request. Voting aye on the motion to table: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. , Motion carried. The Council asked staff to codify the legal arrangement with the association and bring a proposal to the Council. 758 Crystal City Council Meeting minutes November 4, 2003 759 Regular agenda continued 7. The Council considered Resolution 2003-88 relating to Personnel — Administration; amending City Code Appendix V (Personnel Rules & Regulations). Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-88 RESOLUTION RELATING TO PERSONNEL — ADMINISTRATION; AMENDING CITY CODE APPENDIX V (PERSONNEL RULES & REGULATIONS) Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried, resolution declared adopted. 8. The Council considered three resolutions approving lawful gambling license renewals at Steve O's Bar & Restaurant, Doyle's Bowling Lounge, and the Bottle Stop, submitted by the Crystal Lions Club. Moved by Council Member Hoffmann and seconded by Council Member Moore to adopt the following three resolutions, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-89 RESOLUTION RELATING TO LAWFUL GAMBLING; APPROVING CERTAIN PREMISES PERMITS AT 4900 WEST BROADWAY STEVE O'S RESOLUTION NO. 2003-90 RESOLUTION RELATING TO LAWFUL GAMBLING; APPROVING CERTAIN PREMISES PERMITS AT 5000 WEST BROADWAY DOYLE'S BOWLING LOUNGE RESOLUTION NO. 2003-91 RESOLUTION RELATING TO LAWFUL GAMBLING; APPROVING CERTAIN PREMISES PERMITS AT 3530 DOUGLAS DRIVE BOTTLE STOP Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried, resolutions declared adopted. 759 Crystal City Council Meeting minutes November 4, 2003 760 Regular agenda continued 9. The Council considered a date and time for a joint work session with New Hope's City Council to discuss the Police Department Study. Moved by Council Member Anderson and seconded by Council Member Moore to set the date & time for a joint work session with the New Hope City Council at 7:00 p.m. on Monday, November 17, 2003 to discuss the Police Department Study. Voting aye: Moore, Hoffmann, Anderson, Krueger, Joselyn, Grimes, and Meintsma. Motion carried. Informal Discussion and Announcements The Council discussed the following meetings: (Meetings listed in chronological order) November 11 City Offices closed for Veteran's Day November 13 Council Work Session November 17 Joint Work Session with New Hope City Council November 18 Regular City Council Meeting (commission interviews scheduled before the meeting) Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 9:10 p.m. Peter E. Meintsma, --- ATTEST: ( )x0,t,& A r Jane Lewis, City Clerk 760 1 Crystal City Council Meeting minutes November 18, 2003 763 Pursuant to due call and notice thereof, the City Council Meeting was held at 7:00 p.m. on Tuesday, November 18, 2003 in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Meintsma called the meeting to order. Upon roll call, the following members were present: COUNCIL: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. STAFF: City Manager A. Norris, City Attorney M. Tietjen, City Engineer T. Mathisen, Police Chief H. Algyer, Finance Director S. Dunfee, City Planner J. Sutter, and City Clerk J. Lewis. Pledge of Allegiance Mayor Meintsma led the Council and audience in the Pledge of Allegiance. Moved by Council Member Grimes and seconded by Council Member Krueger to add an item to the end of the regular agenda for the purpose of considering a resolution approving PIR expenditure for the purchase of a Street Department Aerial Bucket Truck. Motion carried. Commendation On behalf of the City of Crystal, Mayor Meintsma and Police Chief H. Algyer presented the Citizen's Commendation Certificate to Cliff Alan Eubanks for his successful life-saving efforts on October 23, 2003. Council Meeting minutes 1. The Council considered the minutes from the following meetings: ■ The regular City Council Meeting from November 4, 2003; and ■ The Work Session from November 13, 2003. Moved by Council Member Krueger and seconded by Council Member Anderson to approve the minutes from the following meetings: ■ The regular City Council Meeting from November 4, 2003; and ■ The Work Session from November 13, 2003. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. Moved by Council Member Grimes and seconded by Council Member Moore to approve the consent agenda. Motion carried. G \Counc1\Minutes2003\mn11-18-03 DOC 763 Crystal City Council Meeting minutes November 18, 2003 764 Open Forum No public comment was given during open forum. Regular Agenda 1. The Council heard the presentation by Council Member Peggy Leppik from the Metropolitan Council. 2. The Council considered a commercial kennel license application at 5586 West Broadway, submitted by Julie O'Connor for Ark Pets. Ms. Julie O'Connor, applicant, addressed the Council. Moved by Council Member Moore and seconded by Council Member Grimes to approve the commercial kennel license application for Ark Pets located at 5586 West Broadway, submitted by Julie O'Connor with the approval contingent upon continued compliance monitored by the environmental health specialist. Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried. 3. The Council considered a variance to allow division of an existing tax parcel at 4366 Xenia Ave N into two platted lots not having the 60 foot minimum width. City Planner John Sutter presented to the Council and audience. Moved by Council Member Hoffmann and seconded by Council Member Anderson to deny, as recommended by the Planning Commission at their meeting on November 12, 2003 and based on the Findings of Fact in Section C (1) of the staff report the variance to allow division of an existing tax parcel at 4366 Xenia Ave N into two platted lots not having the 60 foot minimum width. Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the $200 refund of the variance application fee. Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried. 4. The Council considered a variance from the sign requirements at the Crystal Shopping Center located at the southwest corner of Bass Lake Road and West Broadway (103 Willow Bend). City Planner John Sutter presented to the Council and audience. G \Council\Minutes2003\min11-18-03 DOC 764 Crystal City Council Meeting minutes November 18, 2003 765 Regular agenda continued Moved by Council Member Hoffmann and seconded by Council Member Moore to deny, as recommended by the Planning Commission at their meeting on November 12, 2003 and based on the Findings of Fact of the staff report the variance from the sign requirements at the Crystal Shopping Center located at the southwest corner of Bass Lake Road and West Broadway (103 Willow Bend). Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried. 5. The Council considered Resolution 2003-92 approving a lot division at 4068 Hampshire Ave N. City Planner John Sutter presented to the Council and audience. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-92 RESOLUTION APPROVING LOT DIVISION FOR PROPERTY AT 4068 HAMPSHIRE AVENUE NORTH By roll call and voting aye: Hoffmann, Grimes, Krueger, Moore, Meintsma, and Anderson. Abstaining: Joselyn. Motion carried, resolution declared adopted. 6. The Council considered Resolution 2003-93 approving a contract for Architectural Design Services for the Community Center Storage Addition Project #01-11. City Engineer Tom Mathisen presented to the Council and audience. Moved by Council Member Hoffmann and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-93 RESOLUTION APPROVING A CONTRACT FOR ARCHITECTURAL DESIGN SERVICES FOR THE COMMUNITY CENTER STORAGE ADDITION PROJECT # 01-11 Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried, resolution declared adopted. G \Couna1Unutes2003\min 11-18-03 DOC 765 Crystal City Council Meeting minutes November 18, 2003 766 Regular agenda continued 7. The Council considered Resolution 2003-94 approving the 2004 Utility Rates. Finance Director Stefanie Dunfee presented to the Council and audience. Moved by Council Member Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-94 RESOLUTION APPROVING THE 2004 UTILITY RATES Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried, resolution declared adopted. 8. The Council considered Resolution 2003-95 adopting the fee schedule for administrative enforcement of traffic violations. Council Member Krueger recommended the following change to the resolution: On page 2, Level One Violations, add parenthesis around the words, "except Handicapped Parking." Police Chief Harry Algyer answered the Council's questions. Moved by Council Member Grimes and seconded by Council Member Krueger to adopt the following resolution with the recommended change, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-95 RESOLUTION ADOPTING THE FEE SCHEDULE FOR ADMINISTRATIVE ENFORCEMENT OF TRAFFIC VIOLATIONS Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried, resolution declared adopted. 9. Consideration of Resolution 2003-96 approving PIR expenditure for the purchase of a Street Department Aerial Bucket Truck. City Engineer Tom Mathisen presented to the Council and audience. Moved by Council Member Grimes and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: G \Couna1\%nute52003\min1 1-18-03 DOC 766 1 Crystal City Council Meeting minutes November 18, 2003 767 Regular agenda continued RESOLUTION NO. 2003-96 RESOLUTION APPROVING PIR EXPENDITURE FOR THE PURCHASE OF A STREET DEPARTMENT AERIAL BUCKET TRUCK Voting aye: Hoffmann, Grimes, Joselyn, Krueger, Moore, Meintsma, and Anderson. Motion carried, resolution declared adopted. Informal Discussion and Announcements Nov 27-28 City offices will be closed for the Thanksgiving Holiday Dec 1 Regular City Council Meeting and Truth in Taxation Hearing Dec 4 EDA Special Meeting Dec 9 Neighborhood Meeting with residents in the Phase 6 Street Reconstruction Project Dec 16 Regular City Council Meeting Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 7:49 p.m. ATTEST: Janet Lewis, City Clerk G \Council\Minules2003\minll-18-03 DOC Motion carried. 767 Crystal City Council Meeting minutes December 1, 2003 • Pursuant to due call and notice thereof, the Truth in Taxation Public Hearing and regular City Council Meeting of the Crystal City Council was held on Monday, December 1, 2003 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. The Mayor called the meeting to order. Upon roll call, the following members were present: COUNCIL: Krueger, Hoffmann, Meintsma, Anderson, Moore, and Grimes. ABSENT: Joselyn STAFF: City Manager A. Norris, City Attorney S. Bubul, Police Chief H. Algyer, Finance Director S. Dunfee, Recreation Director G. Hackett, and City Clerk J. Lewis. Truth in Taxation Public Hearing 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will receive public comment on the proposed 2004 tax levy. The Mayor opened the public hearing for testimony. A letter was submitted from Mr. Jack Spizale Sr., 4733 Maryland Ave N. There being no one wishing to appear before the Council to give testimony, Mayor Meintsma declared the public hearing closed and announced the regular City Council Meeting would begin. Pledge of Allegiance The Mayor led the Council and the audience in the Pledge of Allegiance. Police Officer Swearina-In Ceremo New Police Officers Peter Underthun and Matthew Saba were sworn -in by Police Chief H. Algyer and Mayor Meintsma. Council Meeting minutes 1. The Council considered the minutes from the following meetings: ■ The November 17, 2003 Joint Work Session with the New Hope City Council; and ■ The November 18, 2003 Regular City Council Meeting. Moved by Council Member Krueger and seconded by Council Member Anderson to approve the minutes from the following meetings: ■ The November 17, 2003 Joint Work Session with the New Hope City Council; and ■ The November 18, 2003 Regular City Council Meeting. Motion carried. Crystal City Council Meeting minutes December 1, 2003 769 Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Adoption of Resolution 2003-97 approving PIR expenditure for the purchase of a replacement mechanical person lift. Moved by Council Member Anderson and seconded by Council Member Hoffmann to approve the consent agenda. Motion carried. Public Hearing 1. Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the City Council will consider a resolution approving a currency exchange license for Cashway Checking located at 127 Willow Bend submitted by Michael Schroeder. The Mayor opened the public hearing for testimony. Michael Schroeder, applicant, was present. There being no one wishing to appear before the Council to give testimony, Mayor Meintsma declared the public hearing closed. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-98 RESOLUTION RELATING TO APPLICATION FOR A CURRENCY EXHANGE LICENSE AT 127 WILLOW BEND Voting aye: Hoffmann, Krueger, Meintsma, Anderson, Moore and Grimes. Absent, not voting: Joselyn. Motion carried, resolution declared adopted. Open Forum No public comment was given during open forum. Crystal City Council Meeting minutes December 1, 2003 770 Regular Agenda 1. The Council considered a private kennel license at 4741 Florida Ave N. submitted by Sharon and Paul Mallow. Sharon and Paul Mallow, applicants, were present. Moved by Council Member Grimes and seconded by Council Member Krueger to approve the private kennel license at 4741 Florida Ave N, submitted by Sharon and Paul Mallow. Voting aye: Hoffmann, Krueger, Meintsma, Anderson, Moore and Grimes. Absent, not voting: Joselyn. Motion carried. 2. The Council considered the snow plowing agreement with Park Side Acres Town Home Association. Moved by Council Member Krueger and seconded by Council Member Hoffmann to take from the table, the snow plowing agreement with Park Side Acres Town Home Association. Voting aye: Hoffmann, Krueger, Meintsma, Anderson, Moore and Grimes. Absent, not voting: Joselyn. Motion carried. Moved by Council Member Grimes and seconded by Council Member Moore to approve the snow plowing agreement with Park Side Acres Town Home Association. Voting aye: Hoffmann, Krueger, Meintsma, Anderson, Moore and Grimes. Absent, not voting: Joselyn. Motion carried. 3. The Council considered the City of Crystal's participation in the Forest School Project. Moved by Council Member Grimes and seconded by Council Member Moore to approve the City's participation of $900,000 in the Forest School Project for an adult - sized gym and the cost of partitions for the cafeteria to create meeting space and direct staff to prepare an agreement for the cooperative use of the space. By roll call and voting aye: Grimes, Hoffmann, Meintsma, Moore, and Anderson. Voting no: Krueger. Absent, not voting: Joselyn. Motion carried. Crystal City Council Meeting minutes December 1, 2003 771 Informal Discussion and Announcements Dec 4 EDA Special Meeting Dec 11 Neighborhood Meeting for Phase 6 Street Reconstruction Project Dec 16 Regular City Council Meeting Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:39 p.m. Peter E. Meintsma, Mayor ATTEST: n JayTet Lewis, City Clerk Crystal City Council Meeting minutes December 16, 2003 773 Pursuant to due call and notice thereof, the City Council Meeting was held on Tuesday, December 16, 2003 at 7:00 p.m., in the Council Chambers located at 4141 Douglas Drive in Crystal, Minnesota. Mayor Meintsma called the meeting to order. Upon roll call, the following members were present: COUNCIL: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. STAFF: City Manager A. Norris, City Attorney S. Bubul, Police Chief H. Algyer, Community Development Director P. Peters, Finance Director S. Dunfee, City Planner J. Sutter, Fire Chief D. Alexon, Building Official J. Molin, and City Clerk J. Lewis. Pledge of Allegiance Mayor Meintsma led the Council and audience in the Pledge of Allegiance. Acknowledgement On behalf of the Crystal City Council, Mayor Meintsma acknowledged the $3,000 donation given by the West Metro Fire Relief Association to the Recreation Department for the 2004 Safety Camp. Council Meeting minutes 1. The Council considered the minutes from the following meetings: ■ The December 1 2003 Truth in Taxation Hearing and regular City Council Meeting; and ■ The December 1, 2003 City Council Work Session. Moved by Council Member Grimes and seconded by Council Member Moore to approve the minutes from the following meetings: ■ The December 1 2003 Truth in Taxation Hearing and regular City Council Meeting; and ■ The December 1, 2003 City Council Work Session. Motion carried. Consent Agenda 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk. 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. 3. Acceptance of the resignation from Kris Graham of the Planning Commission. 4. Approval of a special permit to display, use, and consume wine and beer at the Crystal Community Center, 4800 Douglas Drive, on December 27, 2003 submitted by Karime Escarcega. Moved by Council Member Hoffmann and seconded by Council Member Krueger to approve the consent agenda. Motion carried. -773 - Crystal City Council Meeting minutes December 16, 2003 774 Open Forum No public comment was given during open forum. Regular Agenda 1. The Council considered the First Reading of an ordinance relating to the Building Code, amending Sections 400, 410, and 415 of the Crystal City Code. Moved by Council Member Moore and seconded by Council Member Grimes to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE RELATING TO THE BUILDING CODE; AMENDING SECTIONS 400, 410, AND 415 OF THE CRYSTAL CITY CODE. and further, that the second reading be held on January 6, 2003. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. 2. The Council considered the First Reading of an ordinance relating to Fire Prevention, amending Section 905 of the Crystal City Code. Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE RELATING TO FIRE PREVENTION; AMENDING SECTION 905 OF THE CRYSTAL CITY CODE. and further, that the second reading be held on January 6, 2003. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. 3. The Council considered the Planning Commission's recommendation on the Site Plan for proposed improvements to the Target Store at 5537 West Broadway. City Planner John Sutter presented and answered questions. Moved by Council Member Moore and seconded by Council Member Grimes to approve, as recommended by the Planning Commission at its meeting on December 8, 2003 and based on the Findings of Fact and subject to the eleven conditions in -774- Crystal City Council Meeting minutes December 16, 2003 16AW Section C(1) of the staff report, the Site Plan for improvements to the Target Store at 5537 West Broadway. By roll call and voting aye: Joselyn, Meintsma, Moore, Anderson, and Grimes. Abstaining: Krueger and Hoffmann. Motion carried. 4. The Council considered the First Reading of an ordinance relating to Zoning, amending Crystal City Code Section 515. City Planner John Sutter presented and answered questions. Moved by Council Member Hoffmann and seconded by Council Member Krueger to adopt the following ordinance: ORDINANCE NO. 2003 - AN ORDINANCE RELATING TO ZONING; AMENDING SECTION 515 OF THE CRYSTAL CITY CODE. and further, that the second reading be held on January 6, 2003. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. 5. The Council considered a contract with Decision Resources for the Municipal Pool Study. Moved by Council Member Hoffmann and seconded by Council Member Grimes to approve the contract with Decision Resources for the Municipal Pool Study. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. 6. The Council considered Resolution 2003-99 providing for the prepayment and redemption of certain outstanding General Obligation Bonds of the City (Series 1995 A). Finance Director Stefanie Dunfee presented and answered questions. Moved by Council Member Krueger and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: -775 - Crystal City Council Meeting minutes December 16, 2003 776 RESOLUTION NO. 2003-99 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried; resolution declared adopted. 7. The Council considered Resolution 2003- canceling Debt Service Tax Levies for Fire Equipment Certificates. Finance Director Stefanie Dunfee presented and answered questions. Moved by Council Member Anderson and seconded by Council Member Krueger to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003 - RESOLUTION CANCELING DEBT SERVICE TAX LEVIES FOR FIRE EQUIPMENT CERTIFICATES By roll call and voting aye: Krueger, Anderson, and Hoffmann. Voting no: Joselyn, Meintsma, Moore, and Grimes. Motion failed. 8. The Council considered Resolution 2003-100 levying taxes for certification to the County Auditor for Payable 2004 (General Fund and EDA). Finance Director Stefanie Dunfee presented and answered questions. Moved by Council Member Grimes and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-100 RESOLUTION LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR FOR PAYABLE 2004 By roll call and voting aye: Meintsma, Moore, Grimes and Joselyn. Voting no: Krueger, Anderson, and Hoffmann. Motion carried; resolution declared adopted -776- �I 7 L Crystal City Council Meeting minutes December 16, 2003 777 9. The Council considered two resolutions approving the 2004 Operating Budgets; A) Approving the 2004 General Fund, and B) Approving the 2004 Special Revenue Debt Service; Capital Projects Enterprise; and Internal Service Fund Budgets. Finance Director Stefanie Dunfee presented and answered questions. Resolution A Moved by Council Member Grimes and seconded by Council Member Joselyn to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-101 RESOLUTION APPROVING THE 2004 GENERAL FUND Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried; resolution declared adopted. Resolution B Moved by Council Member Joselyn and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2003-102 RESOLUTION APPROVING THE 2004 SPECIAL REVENUE DEBT SERVICE; CAPITAL PROJECTS ENTERPRISE; AND INTERNAL SERVICE FUND BUDGETS Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried; resolution declared adopted. 10. The Council considered a one-year contract with the city attorney for legal services in 2004. Moved by Council Member Moore and seconded by Council Member Anderson to approve the one-year contract with Kennedy & Graven, Chartered for legal services in 2004. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. -777 Motion carried. Crystal City Council Meeting minutes December 16, 2003 778 11. The Council considered the Council Meeting Schedule for 2004. Moved by Council Member Grimes and seconded by Council Member Moore to approve the Council Meeting Schedule for 2004 with the exceptions to the regular schedule being March 1, April 5, August 2, September 15, and November 4. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. 12. The Council considered setting a date for the Local Board of Appeal and Equalization Meeting. Moved by Council Member Krueger and seconded by Council Member Hoffmann to set the date for the Local Board of Appeal and Equalization Meeting on Tuesday, May 4, 2004. Voting aye: Anderson, Grimes, Meintsma, Krueger, Moore, Joselyn, and Hoffmann. Motion carried. Informal Discussion and Announcements • December 24 (noon) -26 City Offices closed the Holidays • January 1, 2004 City Offices closed for New Year's Day • January 6, 2004 Regular City Council Meeting • January 19, 2004 City Offices closed for Martin Luther King Jr. Day • Date TBD Legislative Breakfast Moved by Council Member Hoffmann and seconded by Council Member Moore to adjourn the meeting. The meeting adjourned at 8:15 p.m. Motion carried. eter E. Meintsma, ATTEST: Janet net Lewis, City Clerk -778-