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1989 City Council MinutesC January 3, 1989 page 361 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on January 3, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The meeting was called to order by Mayor Pro Tem, Councilmember Moravec. Darlene George, The City Clerk, administered the oath of office and presented certificates of election to Betty Herbes, Mayor; John G. Moravec, Councilmember, Section 1; Elmer Q. Carlson, Councilmember, Ward 3; and Garry A. Grimes, Councilmember, Ward 4. The Mayor reported on things she intended to pursue during her first term and indicated to the residents and staff that she would be available at City Hall (Park & Recreation Conference Room) on the first and third Tuesdays of the month from 1-4 p.m. She also indicated that during this meeting she would not vote unless there would be a tie vote. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the regular City Council meeting of December 13, 1988. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the Regular City Council meeting of December 13, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration Environmental 31, 1991. 2. Consideration Environmental 31, 1991. 3. Consideration Environmental 31, 1991. 4. Consideration Environmental 31, 1991. of reappointment of Ryan R. Schroeder to the Quality Commission for a term ending December of reappointment of Lerry Teslow to the Quality Commission for a term ending December of reappointment of Beth R. Jarvis to the Quality Commission for a term ending December of reappointment of Gail Gove to the Quality Commission for a term ending December January 3, 1989 page 362 5. Consideration of reappointment of Lois Ehret to the Human Relations Commission for a term ending December 31, 1991. 6. Consideration of reappointment of Bruce L. Kleeberger to the Human Relations Commission for a term ending December 31, 1991. 7. Consideration of reappointment of Arlene J. West to the Human Relations Commission for a term ending December 31, 1991. 8. Consideration of reappointment of Mary Moucha to the Parks & Recreation Advisory Commission for a term ending December 31, 1991. 9. Consideration of reappointment of Mark Hoffman to the Parks & Recreation Advisory Commission for a term ending December 31, 1991. 10. Consideration of reappointment of Arlene Pitts to the Parks & Recreation Advisory Commission for a term ending December 31, 1991. 11. Consideration of reappointment of Marty Gates to the Civil Service Commission for a term ending December 31, 1991. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Don W. Lee for a variance for an addition to the existing garage prior to a fire which will encroach in the required 40' rear yard setback at 3949 Hampshire Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Mary Lou Birchem, 6709 - 40th Avenue North; Don Lee, owner of property and applicant. The Council also received a letter of opposition from Lois C. Suplick, 3916 Hampshire Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 1416" in the required 40' rear yard January 3, 1989 page 363 setback to build a 1016" x 23' addition to the existing garage prior to the fire at 3949 Hampshire Avenue North as requested in Variance Application #88-58. Motion Carried. The Mayor called a recess at 7:21 p.m. and the meeting was reconvened at 7:29 p.m. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider an application for an off -sale liquor license at 2728 Douglas Drive North as submitted by Melvyn D. Henry. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Melvyn Henry, applicant; Jeff Gershone, 6017 -29th Place North. The Mayor closed the Public Hearing. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the reappointment of Paulette Magnuson, Marilyn Kamp, James J. Barden, Jane A. Elsen and the application of Steven Leppa to the Planning Commission for terms ending December 31, 1991. Moved by Councilmember Smothers and seconded by Councilmember Carlson to appoint Paulette Magnuson, Marilyn Kamp, James J. Barden, and Jane A. Elsen to the Planning Commission for terms ending December 31, 1991, and place Steven Leppa's application on file to be considered when a vacancy occurs on the Commission from his area of the City. By roll call and voting aye: Grimes, Rygg, Carlson, Smothers; voting no: Moravec, Langsdorf. Motion Carried. The Mayor expressed a desire for the Council to appoint members to the various commissions and other appointments as required for one year. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve an application for an off -sale liquor license at 2728 Douglas Drive North, effective at 12:01 a.m., January By roll 4, 1989. call and voting aye: Moravec, Grimes, Rygg, Smothers, Langsdorf; voting no: Carlson. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the reappointment of Paulette Magnuson, Marilyn Kamp, James J. Barden, Jane A. Elsen and the application of Steven Leppa to the Planning Commission for terms ending December 31, 1991. Moved by Councilmember Smothers and seconded by Councilmember Carlson to appoint Paulette Magnuson, Marilyn Kamp, James J. Barden, and Jane A. Elsen to the Planning Commission for terms ending December 31, 1991, and place Steven Leppa's application on file to be considered when a vacancy occurs on the Commission from his area of the City. By roll call and voting aye: Grimes, Rygg, Carlson, Smothers; voting no: Moravec, Langsdorf. Motion Carried. The Mayor expressed a desire for the Council to appoint members to the various commissions and other appointments as required for one year. January 3, 1989 page 364 2. The City Council considered the selection of a Mayor Pro Tem for the year 1989. Moved by Councilmember Carlson and seconded by Councilmember Smothers to appoint Councilmember Rygg as Mayor Pro Tem for the year 1989. Motion Carried. 3. The City Council considered the designation of the official depository for the City of Crystal for the year 1989. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to designate The Bank North as the official depository for the City of Crystal for the year 1989. Motion Carried. 4. The City Council considered the designation of the official newspaper for the City of Crystal for the year 1989. Moved by Councilmember Smothers and seconded by Councilmember Grimes to designate North Hennepin Post as the official newspaper for the City of Crystal for the year 1989. Motion Carried. 5. The City Council considered the appointment of a liaison to the Park and Recreation Advisory Commission for the year 1989. Moved by Councilmember Moravec and seconded by Councilmember Rygg to appoint Councilmember Smothers as the liaison to the Park and Recreation Advisory Commission for the year 1989. Motion Carried. 6. The City Council considered the appointment of a liaison to the Environmental Quality Commission for the year 1989. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Councilmember Langsdorf as the liaison to the Environmental Quality Commission for the year 1989. Motion Carried. 7. The City Council considered the appointment of a liaison to the Human Relations Commission for the year 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Councilmember Grimes as the liaison to the Human Relations Commission for the year 1989. Motion Carried. 8. The City Council considered the appointment of a liaison to the Long Range Planning Commission for the year 1989. January 3, 1989 page 365 Moved by Councilmember Smothers and seconded by Councilmember Grimes to appoint Councilmember Rygg as the liaison to the Long Range Planning Commission for the year 1989. Motion Carried. 9. The City Council considered the appointment of a representative and alternates to the Association of Metropolitan Municipalities for the year 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Mayor Herbes as the representative and the City Manager and Councilmember Langsdorf as the alternates to the Association of Metropolitan Municipalities for the year 1989. Motion Carried. 10. The City Council considered the appointment of a representative to the Joint Water Commission for the year 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to appoint Steven Leppa, 4816 Quail Avenue North, as the representative to the Joint Water Commission for the year 1989. Motion Carried. 11. The City Council considered the appointment of a representative to the Tri -Community Twin Lake Study Committee for the year 1989. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to appoint Councilmember Carlson as the representative to the Tri -Community Twin Lake Study Committee for the year 1989. Motion Carried. 12. The City Council considered the appointment of representatives to the Northwest Suburbs Cable Communications Commission for the year 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Mayor Herbes and John T. Irving, 7020 -45th Place, as representatives to the Northwest Suburbs Cable Communications Commission for the year 1989. Motion Carried. 13. The City Council discussed the $2,000,000 General Obligation Bond sale for funding of the new community center. The Council by common consent chose to cancel the sale of bonds scheduled for January 17, 1989 and reschedule the sale after the legislature changes the State property tax laws as they relate to "tax capacity". January 3, 1989 page 366 14. The City Council considered a stop sign petition for removal of an existing sign at 3841 Kentucky Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve removal of the southbound stop sign at 3841 Kentucky Avenue North. Motion Carried. 15. The City Council considered the Second Reading of an Ordinance Regarding Pawnbrokers and Second Hand Goods Dealers in the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 89-1 AN ORDINANCE RELATING TO PAWNBROKERS AND SECOND HAND GOODS DEALERS: AMENDING CRYSTAL CITY CODE, CHAPTER 11 BY ADDING A SECTION and further, that this be the second and final reading. Motion Carried. 16. The City Council considered the First Reading of an Ordinance regarding Liquor and Beer in Public Parks in the City of Crystal. Moved by Councilmember Carlson and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO LIQUOR AND BEER IN PUBLIC PARKS IN THE CITY: AMENDING CRYSTAL CITY CODE, SECTION 815; REPEALING CRYSTAL CITY CODE, SUBSECTIONS 815.05, SUBDIVISION 7 AND 2015.15 and further, that the second and final reading be held on January 17, 1989. Motion Carried. 17. The City Council considered possible support of Twin West Chamber of Commerce regarding a more just tax policy. Councilmember Carlson left the room (8:32 p.m.) Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue until the January 17, 1989 meeting for staff's review and obtaining of more information for the I Council. Motion Carried. January 3, 1989 page 367 Councilmember Carlson was absent from the room for this motion. Councilmember Carlson returned. 18. The City Council considered the license fee for Honor Snacks in the City of Crystal. The license fee will remain as is. 19. The City Council discussed the January 14, 1989 Legislative Breakfast Meeting at the Brooklyn Center Civic Center. The Mayor called a Work Session of the Council for 5:00 p.m. on Monday, February 6, 1989. 20. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. The regular meeting closed at 8:50 p.m. The Mayor announced that at the request of and on the advice of the City Attorney, the Council would next convene in closed session for the purpose of discussing with the City Attorney the case of Minnesota Department of Human Rights versus the City of Crystal, presently in litigation. The City Attorney and Leslie A. Altman, Esquire, of the City Attorney's office were present to discuss the litigation. The closed meeting convened at 9:00 p.m. At 9:20 the Regular meeting was reopened. The Mayor announced that the full membership of the Council had discussed with its attorneys the status of the pending litigation described above in the closed meeting, that the discussions had been tape recorded by the City Clerk, and instructed the Clerk to transmit the tape of the closed meeting to the City Attorney. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Meeting adjourned at 9:22 p.m. r� Motion Carried. Mayor January 3, 1989 page 368 ATTEST: Q�.IZHle-.J64-1 - City Clerk 1 January 17, 1989 page 369 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on January 17, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Herbes, Langsdorf. Absent were: Rygg, Carlson, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor accepted an award presented to the City of Crystal from the Minnesota Recreation and Park Association for outstanding programming at Becker Park. The City Council considered the minutes of the regular City Council meeting of January 3, 1989. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve the minutes of the Regular City Council meeting of January 3, 1989 with the following correction: add the roll call vote to item number one on the Regular Agenda. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set public hearing for February 7, 1989 to consider revocation of off -sale liquor license for W.J.W., Inc. (Stephen's Liquor Store) at 2728 Douglas Drive North. 2. Set public hearing for February 7, 1989 to consider preliminary plat of Crystal Community Center Addition located at 48th and Douglas Drive as submitted by the City of Crystal. 3. Consideration of a resignation letter dated January 1989 from Darla Carlson of the Human Relations Commission. 4. Consideration of a resignation letter from Julie Rydh of the Human Relations Commission. 5. Consideration of the resignation of Roberta Veech from the Park and Recreation Advisory Commission effective 12-31-88. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. January 17, 1989 page 370 The City Council considered the following items on the Regular Agenda: 1. The City Council considered Article III of the property lease agreement for 5548 Lakeland Avenue North as requested by Norling Motors. Gunnar Norling appeared and was heard. Moved by Councilmember Grimes and seconded by Councilmember Langsdorf to continue the item to the February 7, 1989 meeting to allow new councilmembers time to research further and to act on the request with a full Council. By roll call and voting aye: Grimes, Langsdorf, Herbes; voting no: Moravec; absent not voting: Rygg, Carlson, Smothers. Motion Carried. 2. The City Council considered the Second Reading of an Ordinance regarding Liquor and Beer in Public Parks in the City. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89-2 AN ORDINANCE RELATING TO LIQUOR AND BEER IN PUBLIC PARKS IN THE CITY: AMENDING CRYSTAL CITY CODE, SECTION 815; REPEALING CRYSTAL CITY CODE, SUBSECTIONS 815.05, SUBDIVISION 7 AND 2015.15 and further, that this be the second and final reading. Motion Carried. 3. The City Council considered a resolution approving agreement for Hennepin County repaving project on County Road 9 (Rockford Road). Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-1 OVERLAY OF COUNTY ROAD 9 By roll call and voting aye: Moravec, Grimes, Langsdorf, Herbes; absent not voting: Rygg, Carlson, Smothers. Motion carried, resolution declared adopted. 4. The City Council considered possible support of Twin West Chamber of Commerce regarding a more just tax policy. By common consent the Council wished to remain neutral. January 17, 1989 page 371 5. The City Council considered the First Reading of an Ordinance amending Chapter 5 of the City Code Regarding Park Dedication. Moved by Councilmember Grimes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF CRYSTAL and further, that the second and final reading be held on February 7, 1989. Motion Carried. 6. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adjourn the meeting. Motion Carried. Meeting adjourned at 7:55 p.m. ATTEST: City Clerk Mayor February 6, 1989 page 372 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Meeting/Work Session of the Crystal City Council was held on February 6, 1989, at 5:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Herbes, Langsdorf, Rygg, Carlson, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director; Julie Jones, Redevelopment/Recycling Coordinator; Tom Heenan, Sanitarian; Art Quady, Fire Chief/Fire Marshal; Miles Johnson, Finance Director; Ken Bjorn, Assessor; Jim Mossey, Chief of Police. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. 1. The City Council and staff reviewed City Hall space needs and Community Center status. Kurt Dale of Anderson Dale Architects presented an update on the Community Center. 2. Department heads gave presentations of responsibilities and issues at hand in his or her department as follows: Administration Department - John Olson, Assistant City Manager Building Department - Don Peterson, Building Inspector Finance Department - Miles Johnson, Finance Director Park Department - Ed Brandeen, Park & Recreation Director Police Department - James mossey, Police Chief Redevelopment/Recycling Coordinator - Julie Jones, Coordinator Health Department - Tom Heenan, Head Sanitarian Assessing Department - Ken Bjorn, Assessor Fire Department - Art Quady, Fire Chief Public Works Department - Bill Monk, Public Works Director Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 8:25 p.m. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to reopen the Work Session at 8:26 p.m. Motion Carried. 3. The City Council and staff reviewed the method of Commission appointments. February 6, 1989 page 373 4. The City Council and staff discussed membership of the Housing and Redevelopment Authority. 5. The City Council and staff discussed workers' compensation coverage for injuries to elected officials. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 9:07 p.m. ATTEST: f City Clerk Mayor February 7,1989 page 374 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on February 7, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Herbes, Langsdorf, Rygg, Carlson, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Darlene George, City Clerk; Miles Johnson, Finance Director; Jim Kelly, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the regular City Council meeting of January 17, 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the Regular City Council meeting of January 17, 1989. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider a preliminary plat of the Crystal Community Center Addition located at 4800 Douglas Drive. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve as recommended by the Planning Commission the preliminary plat of the Crystal Community Center Addition located at 4800 Douglas Drive. Motion Carried. Mayor Herbes recognized Boy Scouts in attendance who were present to learn about the City Government process. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the resignation of Hugh Munns from the Environmental Quality Commission. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to accept the resignation of Hugh Munns from the February 7,1989 page 375 Environmental Quality Commission effective January 17, 1989. Motion Carried. 2. The City Council considered the applications for appointment to the Park & Recreation Advisory Commission of William T. O'Reilly, 3124 Welcome Avenue North, and Marlyn H. Theisen, 6807 - 50th Avenue North, for terms expiring 12-31-89. Applicants did not appear. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to continue until February 21, 1989 meeting. Motion Carried. 3. The City Council considered Article III of the property lease agreement for 5548 Lakeland Avenue North as requested by Norling Motors. Gunnar Norling appeared and was heard. Councilmember Moravec stated that this item had been tabled rather than continued at the January 17, 1989 meeting and requested a vote for removal from the table. The vote was unanimous to remove the item from the table. 4. The City Council considered a Resolution Amending and Restating the City of Crystal Employee Flexible Benefit Account Plan, including the City of Crystal Medical and Life Insurance Reimbursement Plan, and the City of Crystal Dependent Care Assistance Plan. Miles Johnson, Finance Director, explained the plans and answered questions of the Council. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-3 RESOLUTION AMENDING AND RESTATING THE CITY OF CRYSTAL EMPLOYEE FLEXIBLE BENEFIT ACCOUNT PLAN, INCLUDING THE CITY OF CRYSTAL MEDICAL AND LIFE INSURANCE REIMBURSEMENT PLAN, AND THE CITY OF CRYSTAL DEPENDENT CARE ASSISTANCE PLAN By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve Article III of the property lease agreement for 5548 $18,000 Lakeland Avenue North, to $14,000 starting in changing the rent amount from the fifth year. By roll call and voting aye: Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Langsdorf, Grimes. Motion carried. 4. The City Council considered a Resolution Amending and Restating the City of Crystal Employee Flexible Benefit Account Plan, including the City of Crystal Medical and Life Insurance Reimbursement Plan, and the City of Crystal Dependent Care Assistance Plan. Miles Johnson, Finance Director, explained the plans and answered questions of the Council. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-3 RESOLUTION AMENDING AND RESTATING THE CITY OF CRYSTAL EMPLOYEE FLEXIBLE BENEFIT ACCOUNT PLAN, INCLUDING THE CITY OF CRYSTAL MEDICAL AND LIFE INSURANCE REIMBURSEMENT PLAN, AND THE CITY OF CRYSTAL DEPENDENT CARE ASSISTANCE PLAN By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. February 7,1989 page 376 5. The City Council considered workers' compensation insurance premium for the year 1989. Jim Kelly, temporary Administrative Assistant, and Cary Shaich, Agent of Record, were available for Council's questions. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the workers' compensation insurance premium for the year 1989 in the amount of $100,121.00 as quoted by the Employee Benefit Administration Company. Motion Carried. 6. The City Council discussed reconsideration of an off -sale liquor license application as submitted by Jerome Halek at 5600 Bass Lake Road. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-4 RESOLUTION RATIFYING AND CONFIRMING DENIAL OF APPLICATION FOR OFF -SALE LIQUOR LICENSE FOR JEROME HALEK By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council considered the resignation of Lauretta Welter from the Charter Commission and considered her replacement. The City attorney advised it was not necessary for Council to take action on a resignation from the Charter Commission. John T. Irving, Chair of Charter Commission, appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to recommend Liz Reid to the District Judge for appointment to the Charter Commission. Motion Carried. 8. The City Council considered a Resolution amending Article III, Parties; Section 1 of the Northwest Hennepin Human Services Council's Joint Powers Agreement. Moved by Councilmember Rygg and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: February 7,1989 page 377 RESOLUTION NO. 89-5 RESOLUTION AMENDING ARTICLE III, PARTIES; SECTION 1 OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S JOINT POWERS AGREEMENT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 9. The City Council considered the participation of the Crystal City Councilmembers in the City Wellness Program. No action taken. 10. The City Council considered a change in mileage rates for City employees from 26 cents to 24 cents per mile. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve a reduction in mileage rates for City employees from 26 cents to 24 cents per mile as recommended by the Finance Director based on new IRS rules and regulations for 1989. Motion Carried. 11. The City Council considered a resolution proclaiming February 1989 as "Crystal Loves Its Kids" Month. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, which was read by the Mayor: RESOLUTION NO. 89-6 RESOLUTION PROCLAIMING FEBRUARY 1989 AS "CRYSTAL LOVES ITS KIDS" MONTH By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 12. The City Council considered submittal of names of potential candidates for Hennepin Parks Foundation Directors. The Mayor recommended Garry Grimes. Moved by Councilmember Smothers and seconded by Councilmember Rygg to appoint Garry Grimes as a potential candidate for Hennepin Parks Foundation Director. Motion Carried. 13. The City Council considered the appointment of an Assistant Weed Inspector for 1989. February 7,1989 page 378 Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Ed Brandeen, Park & Recreation Director, as the Assistant Weed Inspector for the City of Crystal for 1989. Motion Carried. 14. The City Council discussed a joint meeting of the Charter Commission and Crystal City Council on Wednesday, February 22, at 7:00 p.m. at Crystal City Hall. Due to conflicts on February 22, the Mayor called a joint meeting of the City Council and Charter Commission for February 14, 1989 at 7:00 p.m. to be followed by a work session of the City Council. 15. The City Council considered the appointment of a Housing and Redevelopment Authority Commissioner. Mayor Herbes appointed Marty Gates as a member of the Crystal HRA. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the appointment of Marty Gates to the Crystal Housing and Redevelopment Authority for a term ending 2-1-94. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Langsdorf. Motion carried. 16. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 8:55 p.m. Mayor ATTEST: City Clerk C February 14, 1989 page 379 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, a joint meeting of the Crystal City Council and the Crystal Charter Commission was held on February 14, 1989, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota, followed by a Work Session of the City Council. The Secretary of the Council called the roll and the following were present: Moravec, Herbes, Langsdorf, Rygg, Carlson, Smothers. Absent was: Grimes. Also in attendance were the following staff members: Jerry Dulgar, City Manager; David Kennedy, City Attorney; Darlene George, City Clerk. Charter Commission members present were: Irving, Cook, Garber, Anderson, Hawk, Elsen, Magnuson, Meintsma. The proposed Crystal Charter Amendment was discussed. The joint meeting of the Crystal City Council and the Crystal Charter Commission adjourned at 7:30 p.m. The Mayor called the Work Session of the City Council to order at 7:35 p.m. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 9:00 p.m. 1. The City Council and resident awareness of staff City reviewed issues. methods of increasing 2. The City Council and staff discussed a goal -setting session for the City Council. April 21-22, 1989 was tentatively set as the date for the session. 3. The City Council and staff reviewed on -street parking during summer months for 24-hour duration. 4. The City Council and staff discussed revisions/codification of City Code and Zoning Ordinance along with Comprehensive Plan Update. 5. The City Council and staff reviewed status of Light Rail Transit. 6. The City Council and staff discussed Commission appointments. 7. The City Council and staff discussed a joint HRA/City Council Work Session. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 9:00 p.m. February 14, 1989 page 380 ATTEST: i City Clerk Mayor L ii L February 21, 1989 page 381 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on February 21, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Herbes, Langsdorf, Rygg, Carlson, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Nancy Gohman, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Special Work Session of February 6, 1989 and the Regular City Council meeting of February 7, 1989. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the Special Work Session of February 6, 1989 and the minutes of the Regular City Council meeting of February 7, 1989. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set public hearing for March 7, 1989, to consider tentative approval of Bedman Addition preliminary plat located at 7025 - 46th Avenue North. 2. Set public hearing for March 21, 1989, to consider tentative approval of Proffesors Addition preliminary plat located at 3209 and 3233 Florida Avenue North. 3. Set public hearing for March 21, 1989, to consider tentative approval of Froehlich Addition preliminary plat located at 4524 and 4528 Hampshire Avenue North. 4. Set public hearing for March 7, 1989, to consider variance application #89-4 at 8017 - 33rd Avenue North as requested by Don Hintz to vary the 40' rear yard setback and allow a 14' encroachment to complete a 20' x 24' deck. 5. Consideration of the resignation of Marty Gates from the Civil Service Commission effective February 14, 1989. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the Consent Agenda. Motion Carried. February 21, 1989 page 382 The City Council considered the following items on the Regular Agenda: 1. The City Council considered the First Reading of an Ordinance to rezone property from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Commercial) and conditional use permits to allow fuel station, auto repair -minor in a B-3 District and to allow an accessory retail (food) establishment in a B-3 District for Midwest Retail Properties at 5256, 5264 and 5272 West Broadway. Those present and heard were: Thomas Barrett, Midwest Retail Properties; Bill Jurkens, 5301 Douglas Drive (Octopus Car Wash); Clem Steicken, 5256 West Broadway. A. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: (5 votes needed for approval) ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATIONS OF CERTAIN LANDS and further, that the second and final reading be held on March 7, 1989. Motion Carried. B. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve as recommended by and based on the findings of fact of the Planning Commission conditional use permits to allow fuel station, auto repair -minor in a B-3 District and to allow an accessory retail (food) establishment in a B-3 District for Midwest Retail Properties at 5256, 5264 and 5272 West Broadway. Motion Carried. 2. The City Council considered conditional use permits to allow a convenience food (submarine sandwiches) establishment in a B-3 District; allow auto repair-minor/tire/battery establishment in a B-3 District, and allow an accessory, enclosed retail establishment in a B-3 District for Crystal Plaza Partnership at 6800 - 56th Avenue North. Present and heard was: Jeff Carlstrom, Architect. Moved by Councilmember Moravec and seconded by Councilmember Rygg to continue consideration of the conditional use permits for Crystal Plaza Partnership to allow staff to meet with applicant regarding easement agreement with Ground Round Restaurant. Motion Carried. 3. The City Council considered the applications for appointment to the Park & Recreation Advisory Commission from William T. February 21, 1989 page 383 O'Reilly, 3124 Welcome Avenue North, Marlyn H. Theisen, 6807 50th Avenue North, and John Henry Berg, 4500 Welcome Avenue North, for terms ending 12-31-89. Moved by Councilmember Smothers and seconded by Councilmember Grimes to appoint Marlyn H. Theisen and William T. O'Reilly to the Park & Recreation Advisory Commission for unexpired terms ending 12-31-89. Motion Carried. 4. The City Council considered the application for appointment to the Environmental Quality Commission from Phyllis Isaacson, 7000 Lombardy Lane, for an unexpired term expiring December 31, 1990. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Phyllis Isaacson to the Environmental Quality Commission for a term expiring December 31, 1990. Motion Carried. 5. The City Council considered insurance renewal for 1989 - 1990 policy year for General Liability, Bonds, Property, Boiler, Auto and Public Officials Insurance. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve insurance renewal for 1989 - 1990 policy year for General Liability, Bonds, Property, Boiler, Auto and Public Officials Insurance in the amount of $189,866 as submitted by the League of Minnesota Insurance Trust Program (LMCIT). Motion Carried. 6. Appearance of Gary Holsten of Anoka Pawn Broker Shop regarding an ordinance relating to pawn brokers and second-hand goods dealers. No action taken. Mayor Herbes called a recess at 8:42 p.m. and the meeting was reconvened at 8:53 p.m. 7. The appearance of Ed Thonander of the Crystal Frolic,s Committee regarding a request for funding, the closing of Sherburne Avenue as done during the 1988 Crystal Frolics, Elk,s Celebrity Ball Game, and the camp out - policing of the Becker Park grounds by the Elk,s Senior Scouts, and waiver of the carnival license fee. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to refer the matter of allowing Senior Scouts to camp out at Becker Park and police the grounds to the Park & Recreation Advisory Commission and request a report back to the City Council. February 21, 1989 page 384 Motion Carried. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve an allocation of up to $5,000 from the Crystal City Budget to be used to fund parade entries and to waive the fee for the Carnival license for the Crystal Frolics to be held on July 28, 29 and 30, 1989. Motion Carried. 8. The City Council considered a joint meeting of the Crystal City Council and the Crystal Housing & Redevelopment Authority on March 9, 1989. Several City Councilmembers had a conflict on March 9. The Mayor called the joint meeting for March 8, 1989 pending availability of the HRA membership. 9. The City Council considered the second reading of an Ordinance Amending the Crystal City Charter. Lorraine Bedman, 7025 46th Avenue North, appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89-3 AN ORDINANCE RELATING TO CITY GOVERNMENT: AMENDING THE CRYSTAL CITY CHARTER and further, that this be the second and final reading. By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion Carried. 10. The City Council considered a resolution authorizing the issuance and sale of General Obligation Bonds in an amount not to exceed $2,000,000 to finance the new Community Center building. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-7 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION COMMUNITY CENTER BONDS, SERIES 1989 A r �l February 21, 1989 page 385 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 11. The City Council considered a joint agreement for the inspection of garbage and refuse vehicles with the City of New Hope for the purpose of licensing garbage refuse trucks. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve a joint agreement with the City of New Hope for the inspection of garbage and refuse vehicles for the purpose of licensing garbage refuse trucks, and further that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. 12. The City Council discussed temporary sign permits for a Lions Club pancake breakfast to be held on March 12, 1989. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the issuance of seven temporary sign permits with waiver of fee to be located at 58th and Bass Lake Road, 5924 West Broadway, 5410 Lakeland Ave. N., 4920 West Broadway, 7200 Bass Lake Road, 2756 Douglas Drive, and 3600 Douglas Drive. Motion Carried. 13. Moved by Councilmember Moravec and seconded by Councilmember Grimes to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 9:50 p.m. Mayor ATTEST: City Clerk 67 March 7, 1989 page 386 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on March 7, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were p:�-esc.,': Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Herbes read a proclamation proclaiming the week of March 12- 18, 1989 as Girl Scout Week in the City of Crystal. The City Council considered the minutes of the Special Work Session of February 14, 1989 and the Regular City Council meeting of February 21, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Special Work Session of February 14, 1989 and the minutes of the Regular City Council meeting of February 21, 1989. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider tentative approval of proposed plat Bedman Addition located at 7025 - 46th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. Those present and heard were: Lorraine Bedman, 7025 - 46th Avenue North; John T. Irving, 7020 - 45th Place North. Moved by Councilmember Smothers and seconded by Councilmember Moravec to close the Public Hearing. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to deny tentative approval of proposed plat Bedman Addition located at 7025 - 46th Avenue North. Motion Carried. The City Attorney was directed to prepare written findings of fact for denial to be considered by Council at its next meeting. March 7, 1989 page 387 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance of 14' in the required 40' rear yard setback for a 24' x 20' deck on the existing home at 8017 - 33rd Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to grant the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subdivision 4 a), to grant a variance of 14' in the required 40' rear yard setback for a 24' x 20' deck on the existing house at 8017 - 33rd Avenue North as requested in application #89-4 by Don Hintz. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered applications for appointment to the Park & Recreation Advisory Commission from Bill Gentry, 6910 Jersey Circle North, and Loretta Katchmark, 5165 - 34th Place North, for a term ending December 31, 1991. Moved by Councilmember Smothers and seconded by Councilmember Rygg to appoint Bill Gentry to the Park & Recreation Advisory Commission for a term ending December 31, 1991. Motion Carried. 2. The City Council considered the appointment of John T. Irving, 7020 - 45th Place North, as a representative on the Long -Range Planning Commission as designated by the Crystal Housing & Redevelopment Authority. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to appoint John T. Irving as a representative on the Long -Range Planning Commission as designated by the Crystal Housing & Redevelopment Authority, for a term expiring December 31, 1989. Motion Carried. 3. The City Council considered tree removal and tree trimming contract for the City of Crystal for the year 1989. Carol Dalske, President of Outside Services, Inc., appeared and was heard. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: March 7, 1989 page 388 RESOLUTION NO. 89-8 RESOLUTION AWARDING A BID By roll call and voting aye: Grimes, Langsdorf, Rygg, Herbes, Moravec; voting no: Carlson, Smothers. Motion carried, resolution declared adopted. 4. The City Council continued consideration of conditional use permits to allow a convenience food (submarine sandwiches) establishment in a B-3 District; allow auto repair- minor/tire/battery establishment in a B-3 District, and allow an accessory, enclosed retail establishment in a B-3 District for Crystal Plaza Partnership at 6800 - 56th Avenue North. Jeff Carlstrom, Architect, appeared and was heard. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to deny.conditional use permits to allow a convenience food (submarine sandwiches) establishment in a B-3 District; allow auto repair-minor/tire/battery establishment in a B-3 District, and allow an accessory, enclosed retail establishment in a B-3 District for Crystal Plaza Partnership at 6800 - 56th Avenue North. Motion Carried. The City Attorney was directed to prepare findings of fact for denial to be considered by Council at its next meeting. 5. The City Council considered a request from the City of Brooklyn Center regarding Twin Lake/Ryan Lake Outlet Study. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-10 RESOLUTION REQUESTING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR IMPLEMENTATION OF THE TWIN LAKE/RYAN LAKE OUTLET MODIFICATION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Smothers, Langsdorf, Herbes. Motion carried, resolution declared adopted. 6. The City Council reviewed the Hennepin County Regional Railroad Authority (HCRRA) preliminary design for Light Rail Transit, Northwest Corridor. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers that the City Council support encouraging Hennepin County to look into aesthetics, noise barriers, etc. for homes in the area. March 7, 1989 page 389 Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to set 7:00 P.M., or as soon thereafter as the matter may be heard, April 4, 1989, as the date and time for a public hearing to discuss preliminary design plans for Light Rail Transit, Northwest Corridor. Motion Carried. 7. The City Council discussed Community Development Block Grant (CDBG) Statement of Objectives and proposed use of Year XV Urban Hennepin County CDBG Program Planning Allocation of $117,394 by the City of Crystal. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to set 7:00 P.M., or as soon thereafter as the matter may be heard, March 21, 1989, as the date and time for a public hearing for review of Community Development Block Grant (CDBG) Statement of Objectives and proposed use of Year XV Urban Hennepin County CDBG Program Planning Allocation of $117,394 by the City of Crystal. Motion Carried. 8. The City Council considered a Resolution Relating to Workers' Compensation for Elected and Appointed Officials. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-11 RESOLUTION RELATING TO WORKERS' COMPENSATION FOR ELECTED AND APPOINTED OFFICIALS By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Mayor Herbes called a recess at 8:45 p.m. and the meeting was reconvened at 9:04 p.m. INFORMAL DISCUSSION AND ANNOUNCEMENTS: Discussion was held regarding a letter from Paul W. Rosenthal regarding Non -prosecutorial Legal Services for the City of Crystal. Discussion was held regarding a letter from the City Attorney regarding Art Quady, Fire Chief. Moved by Councilmember Smothers and seconded by Councilmember Carlson to address this issue at a forthcoming work session. Motion Carried. March 7, 1989 page 390 Discussion was held of Rax Restaurant/Kentucky Fried Chicken. The City Council directed staff to review value amount of remodeling which would require Planning Commission and City Council approval. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adjourn the meeting. Motion Carried. The City Attorney then addressed the Council and advised that the previous motion to adjourn was procedurally incorrect and that, in fact, the Council had recessed for the purpose of reconvening to consider various informational items under the agenda item, "Informal Discussion and Announcements." The Mayor stated that her intent had been to proceed in the manner described by the City Attorney, and there was a general consensus of the Council in agreement. A representative of the press, in attendance, was informed by the Attorney that the regularly scheduled meeting was still in session, and the Mayor invited the press to remain in attendance. The City Attorney explained an Economic Development Authority as requested by Mayor Herbes and discussion followed. Discussion was held regarding Fire Chief's retirement payments made to him in error by Fire Relief Association in 1981 and 1982. Discussion was held regarding Building Inspector salary and other related issues. Discussion was held regarding a Goal Setting Session for the Council April 21-22, 1989 at Sheraton Northwest. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 10:15 p.m. Mayor March 7, 1989 page 391 ATTEST: City Clerk 11 March 8, 1989 page 392 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, a joint meeting of the Crystal City Council and the Crystal Housing & Redevelopment Authority was held on March 8, 1989, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Herbes, Langsdorf, Rygg, Carlson, Smothers. Also in attendance were the following Housing & Redevelopment Authority members: Marty Gates, John T. Irving, Peter Meintsma, John Moravec; absent was: Sharon Garber. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; Darlene George, City Clerk; Julie Jones, Redevelopment/Recycling Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Items of discussion were: Communication between City Council and the Crystal Housing and Redevelopment Authority. Redevelopment project at 36th Avenue and Highway 100 (Nicklow Shopping Center). Weatherizaton Program. Scattered Site Housing. Accusations made by City Councilmembers on public t.v. and transcript of same. The sale of Calibre Chase Apartment Building (79 -unit complex in the Becker Park Redevelopment project). Economic Development Authority for the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adjourn the meeting. Motion Carried. Meeting adjourned at 8:20 p.m. ATTEST: C City Clerk 1 March 8, 1989 page 393 Mayor March 21, 1989 page 394 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on March 21, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director; Miles Johnson, Finance Director; Julie Jones, Redevelopment Coordinator; James Mossey, Chief of Police. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor presented a plaque to the Crystal Lions Club from the City of Crystal in appreciation of a donation for playground equipment for Lions Valley Place Park. The City Council considered the minutes of the regular meeting of the City Council of March 7, 1989 and the joint meeting with the Crystal Housing & Redevelopment Authority of March 8, 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the regular meeting of the City Council of March 7, 1989 and the joint meeting with the Crystal Housing & Redevelopment Authority of March 8, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of setting Saturday, May 20, 1989, as the date and time for the Annual Rabies Vaccination Clinic. 2. Consideration of the resignation of Yvonne Halpaus from the Planning Commission effective March 13, 1989. 3. Consideration of a solicitor's license for Saba Flowers to sell flowers at 36th & Highway 100, 42nd & Adair Avenue, and 36th & Douglas Drive on March 24, 25, 26, 1989 and May 12, 13, 14, 1989. 4. Consideration of a solicitor's permit for Crystal Fire Cadets - Explorer Post #71, 4141 Douglas Drive, to sell candy door to door from March 27, 1989 to April 30, 1989. 5. Consideration of a one -day off-site charitable gambling license for VFW Post #494 at Becker Park on July 28, 1989 for the Crystal Frolics. 1 J March 21, 1989 page 395 Moved by Councilmember Carlson and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider tentative approval of proposed plat Froehlich Addition located at 4524 and 4528 Hampshire Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to grant tentative approval of proposed plat Froehlich Addition located at 4524 and 4528 Hampshire Avenue North. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider tentative approval of proposed plat Proffesors Addition located at 3209 and 3233 Florida Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. Those present and heard were: Gloria Tilbury, 3329 Florida Avenue North; Joyce & Kenneth Larsen, 3226 Hampshire Avenue North; Bob Dahl, 3156 Florida Avenue North; Lorraine Bedman, 7025 - 46th Avenue North; Robert Woods, 3224 Florida Avenue North; Scott Kevitt, Developer; Ann Marie Papas, 3212 Florida Avenue North; Steve Sigel, 3200 Florida Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to deny tentative approval of proposed plat Proffesors Addition located at 3209 and 3233 Florida Avenue North, due to unresolved drainage and soil concerns. Motion Carried. By roll call and voting aye: Moravec, Grimes, Rygg, Smothers, Langsdorf; voting no: Herbes, Carlson. Motion Carried. At this time item #1 on the Regular Agenda was considered to accommodate those appearing on the item. 1. The City Council considered a resolution awarding bid to sell $2,000,000 General Obligation Community Center Bonds, Series 1989 A. Dave MacGillivray of Springsted, Inc. appeared and March 21, 1989 page 396 was heard. He informed the Council that Dain Bosworth was the low bidder. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-12 RESOLUTION AWARDING THE SALE OF $2,000,000 GENERAL OBLIGATION COMMUNITY CENTER BONDS, SERIES 1989, A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Public hearing #3 was at this time considered: It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider CDBG Year XV funding allotment. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-13 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 2. The City Council considered approving authorization to issue building permit #1644 to Richard V. Vanman to build a 42' x 80' airplane storage hangar on Lot 74E, Crystal Airport. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve authorization to issue building permit March 21, 1989 page 397 #1644 to Richard V. Vanman to build a 42' x 80' airplane storage hangar on Lot 74E, Crystal Airport, subject to standard procedure. Motion Carried. 3. The City Council considered the off -sale liquor license for Richard G. Marsolais dba Crystal Liquors, 5924 West Broadway, pertaining to a "sale to minor" violation. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to set 7:00 p.m, or as soon thereafter as the matter may be heard, April 18, 1989, as the time and date for a public hearing to consider the off -sale liquor license for Richard G. Marsolais dba Crystal Liquors, 5924 West Broadway, pertaining to a "sale to minor" violation and further to authorize proper notice of such public hearing. Motion Carried. 4. The City Council considered a Resolution of Denial for tentative plat approval of Bedman Addition located at 7025 - 46th Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution. RESOLUTION NO. 89-14 RESOLUTION DENYING PRELIMINARY APPROVAL OF PLAT FOR BEDMAN ADDITION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Mayor Herbes called a recess at 9 p.m. and the meeting was reconvened at 9:15 p.m. 5. The City Council considered a Resolution of Denial of conditional use permits for Crystal Plaza Partnership at 6800 - 56th Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimed to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-15 RESOLUTION DENYING APPLICATION FOR CONDITIONAL USE AT 6800 - 56TH AVENUE NORTH (CRYSTAL PLAZA PROPOSAL) By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. March 21, 1989 page 398 6. The City Council considered a request from the Crystal Frolics Committee to allow Scouts to camp out overnight during the Frolics on July 28, 29 and 30, 1989. Moved by Councilmember Carlson and seconded by Councilmember Rygg to approve a request from the Crystal Frolics Committee to allow Scouts to camp out overnight at Becker Park during the Crystal Frolics on July 28, 29 and 30, 1989. Motion Carried. 7. The City Council considered a preliminary cost estimate for the Crystal Community Center from Anderson Dale Architects, Inc. It was the consensus of the Council to eliminate consideration of a third gym to keep the cost in line with the bond issue figure voted on by the citizens of Crystal. 8. The City Council considered the Northern Mayor's Association Economic Development Effort. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-16 RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT WITH THE NORTHERN SUBURBS, AND, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR SAME By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Mayor Herbes as a member of the Board of Directors of the Joint Powers Agency for the purpose of promoting Economic Development with the Northern Suburbs, and to authorize a remittance in the amount of $11,761 as the City's 1989 membership fee in the Joint Powers Agency, one half to be taken from the Crystal Housing and Redevelopment Authority's Budget and one half to be taken from Dues and Subscriptions (Account 4413) in Department 10. Motion Carried. 9. The City Council considered price quotations to re -trim and fertilize trees on 33rd Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Grimes to authorize Outside Services to re -trim and fertilize trees in the amount of $375 on 33rd Avenue North, working in 1 March 21, 1989 page 399 conjunction with the Manager, Park & Recreation Director and the citizens involved. Motion Carried. 10. The City Council considered First Reading of an Ordinance Amendment to Delete Public Involvement Requirements and Increase the Minimum Density for Elderly Housing. Those appearing on the matter were: Greg Lundeen, 6125 - 36th Avenue North; John Paulson, 320 Edgewood Avenue North, Golden Valley; David Anderson, Crystal Planning Commission Member. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance with change in allowable minimum density of one unit per 1250 square feet: ORDINANCE NO. 89 - AN ORDINANCE AMENDING CRYSTAL CITY CODE WITH REGARD TO ELDERLY HOUSING and further, that the second and final reading be held on April 4, 1989. By roll call and voting aye: Rygg, Carlson, Smothers; voting no: Moravec, Grimes, Herbes, Langsdorf. Motion Failed. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept Planning Commission's recommendation as proposed using allowable minimum density of one unit per 1500 square feet. No vote taken to consider a tabling motion. Moved by Councilmember Carlson and seconded by Councilmember Smothers to table. By roll call and voting aye: Moravec, Grimes, Carlson, Herbes, Smothers, Langsdorf; voting no: Rygg. Motion Carried. The Mayor called a recess at 11 p.m. and the meeting was reconvened at 11:10 p.m. 11. The City Council considered Advisory Commissioner recruitment for the Northwest Hennepin Human Services Council. Staff was directed to place on next agenda to allow Council time to recruit members. 12. The City Council considered the First Reading of an Ordinance concerning recycling. March 21, 1989 page 400 Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO RECYCLING and further, that the second and final reading be held on April 4, 1989. Motion Carried. 13. The City Council considered the Infrastructure Project to overlay Fairview Avenue between Nevada and Douglas Avenues. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve Infrastructure Project to overlay Fairview Avenue between Nevada and Douglas Avenues and appropriated up to $58,000 from the Infrastructure Fund. Motion Carried. 14. The City Council considered a Feasibility Study for curb and gutter construction on 57th Avenue, Welcome Avenue, Xenia Avenue, and Vera Cruz Avenue north of Bass Lake Road. Moved by Councilmember Rygg and seconded by Councilmember Smothers to set 7:00 p.m., or as soon thereafter as the matter may be heard, April 18, 1989, as the time and date for a public hearing to discuss Feasibility Study for curb and gutter construction on 57th Avenue, Welcome Avenue, Xenia Avenue, and Vera Cruz Avenue north of Bass Lake Road. Motion Carried. 15. The City Council considered an agreement for BRW invoices for Becker Park projects and the County Road 81 intersection project, and tennis court settlement agreement. A. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve final invoice for services related to five construction projects associated with the Becker Park Redevelopment in the amount of $424,115.35. Motion Carried. B. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve invoice for design services rendered by BRW on the County Road 81/County Road 10 Intersection Improvement Project in the amount of $66,399.98. Motion Carried. C. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve tennis court settlement agreement, and further to authorize Mayor and City Manager to sign such agreement. Motion Carried. 1 March 21, 1989 page 401 16. The City Council considered the removal of Burt Genis from the Park & Recreation Advisory Commission due to poor attendance at regular meetings. Moved by Councilmember Grimes and seconded by Councilmember Smothers to approve removal of Burt Genis from the Park & Recreation Advisory Commission due to poor attendance at regular meetings, effective as of this date. Motion Carried. 17. The City Council considered a tax increment financing tour for legislators. Moved by Councilmember Smothers and seconded by Councilmember Moravec to direct staff to invite legislators for a tour of the tax increment financing districts in Crystal (Bass Lake Road/Becker Park). Motion Carried. 18. The City Council considered selection of a local committee to promote the 1990 census. Staff was directed to place on next agenda. OPEN FORUM: Mark Warnack, Secretary of Crystal Fire Fighters' Relief Association, appeared regarding Art Quady, Fire Chief. INFORMAL DISCUSSION AND ANNOUNCEMENTS: Reports were given by Commission liaisons as follows: HRA - Councilmember Moravec Human Relations Commission - Councilmember Grimes Long -Range Planning Commission - Councilmember Rygg Environmental Quality Commission - Councilmember Langsdorf Park & Recreation Advisory Commission - Councilmember Smothers Upon advice of the City Attorney, the City Council directed the City Clerk to insert a roll call vote on the adoption of the City Charter Admendment in the Council minutes of February 21, 1989, item #9. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, with the addition of a tree trimmer's license for Golden Leaf Tree Service, 1408 Sumter Avenue North, Golden Valley, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. March 21, 1989 page 402 Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 11:50 p.m. Mayor ATTEST: City Clerk f L April 4, 1989 page 403 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 4, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Carlson, Herbes, Smothers, Langsdorf. Absent: Rygg. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Darlene George, City Clerk; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged a donation of $500 to the Crystal Fire Department from the Elk's Lodge to be used toward a purchase of rechargeable flashlights. The Mayor issued a proclamation in appreciation for volunteers for the week of April 9-15, 1989 which has been designated as National Volunteer Recognition Week. The City Council considered the following Consent Agenda: 1. Consideration of a request for waiver of fee on a temporary sign permit for an open house at the John T. Irving Fire Station on May 20, 1989, as submitted by Crystal Fire Fighters Relief Association. 2. Consideration of a charitable gambling application to hold a raffle at the John T. Irving Fire Station on May 20, 1989, as submitted by Crystal Fire Fighters Relief Association. 3. Consideration of a request from the Crystal Police Department to hold its Annual Bicycle Auction on Saturday, April 22, 1989, at the Crystal City Garage. 4. Consideration of a solicitor's permit from NE/NW Y.M.C.A. to collect non-perishable food items door-to-door on April 28, 1989, from 7 to 9 p.m. to be given to PRISM food shelf. 5. Consideration of a request for waiver of fee for Crystal Little League Food Establishment to operate a concession stand The City Council considered the minutes of the regular meeting of the City Council of March 21, 1989. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve the minutes of the regular meeting of the City Council of March 21, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of a request for waiver of fee on a temporary sign permit for an open house at the John T. Irving Fire Station on May 20, 1989, as submitted by Crystal Fire Fighters Relief Association. 2. Consideration of a charitable gambling application to hold a raffle at the John T. Irving Fire Station on May 20, 1989, as submitted by Crystal Fire Fighters Relief Association. 3. Consideration of a request from the Crystal Police Department to hold its Annual Bicycle Auction on Saturday, April 22, 1989, at the Crystal City Garage. 4. Consideration of a solicitor's permit from NE/NW Y.M.C.A. to collect non-perishable food items door-to-door on April 28, 1989, from 7 to 9 p.m. to be given to PRISM food shelf. 5. Consideration of a request for waiver of fee for Crystal Little League Food Establishment to operate a concession stand April 4, 1989 page 404 at Moore Field, 48th and Douglas Drive, on April 1 thru August 20, 1989. 6. Consideration of a solicitor's permit from Greenpeace Action to solicit donations door-to-door April 5 thru 30, 1989. 7. Consideration of a one -day off-site lawful gambling application from the Lions Club of Crystal to be held at Becker Park on Saturday, July 29, 1989 (Crystal Frolics). 8. Consideration of a charitable gambling license renewal for V.F.W. Post #494, 5222 -56th Avenue North. 9. Set public hearing for May 2, 1989 for Improvement Project for curb and gutter construction on Brunswick Avenue between 46th and 47th Avenues. 10. Set public hearing for May 2, 1989 for Improvement Project to pave alley east of Welcome Avenue between 38th and 39th Avenues. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider preliminary design of Northwest Corridor of Light Rail Transit as submitted by Hennepin County Regional Railroad Authority. The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. A presentation was made by representatives of Hennepin County and BRW, Inc. Also present and heard were: Lois Degendorfer, 6309 Brentwood, Tim Hagan, 5612 Corvallis Avenue North, and Ms. Braves, Regional Transit Board. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Smothers to accept the City Engineer's report and direct staff to prepare findings of fact consistent with discussion for the April 18, 1989 Council meeting. Motion Carried. The Mayor called a recess at 8:22 p.m. and the meeting was reconvened at 8:35 p.m. The City Council considered the following items on the Regular Agenda: April 4, 1989 page 405 1. The City Council considered an application for appointment to the Human Relations Commission from John C. Luzaich, 5724 Nevada Avenue North, for an unexpired term, expiring 12-31-89. Moved by Councilmember Smothers and seconded by Councilmember Carlson to appoint John C. Luzaich to the Human Relations Commission for an unexpired term, expiring 12-31-89. Motion Carried. 2. The City Council considered a request from the Environmental Quality Commission to appoint Diane Christopher as their representative to the Long -Range Planning Commission. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to appoint Diane Christopher of the Environmental Quality Commission as their representative on the Long -Range Planning Commission, for an unexpired term expiring 12-31-89. Motion Carried. 3. Jim Richter of the Crystal Little League appeared before the Council regarding delay in construction of the Community Center so that Little League can finish the season. Also appearing and heard were: Mark Tsatsos, 3127 Georgia Avenue North, and Daniel Rea, 6256 Rhode Island Avenue North. Moved by Councilmember Carlson to keep west field open until July 15, 1989. Motion Failed for lack of a second. Staff was directed to consult with the architects to see what they could do to make development of west field as late as they can, investigate possibility of using Welcome Park rather than Forest School as an alternate field, and consult with proper parties to see if cemetery property could be used for an alternate field. 4. The City Council considered First Reading of an Ordinance Amendment to delete public involvement requirements and increase the minimum density for elderly housing. Moved by Councilmember Smothers and seconded by Councilmember Grimes to remove this item from the table. Motion Carried. Greg Lundeen, 6125 - 36th Avenue North, appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING REGULATIONS: AMENDING CRYSTAL CITY CODE BY MODIFYING SECTION 515.27 AND REPEALING PARTS April 4, 1989 page 406 OF SECTIONS 515.03, 515.09, 515.15 AND 515.27 and further, that the second and final reading be held on April 18, 1989. By roll call and voting aye: Moravec, Grimes, Herbes, Smothers, Langsdorf; voting no: Carlson; absent and not voting: Rygg. Motion Carried. 5. The City Council considered the Second Reading of an Ordinance concerning recycling. Shirlie Lundgren, 6307 - 34th Avenue North, appeared and was heard. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89-4 AN ORDINANCE RELATING TO RECYCLING and further, that this be the second and final reading. Motion Carried. 6. The City Council considered the First Reading of an Ordinance Amendment to the City Code regarding refuse hauling districts. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 605 REGARDING REFUSE COLLECTION DISTRICTS and further, that the second and final reading be held on April 18, 1989. Motion Carried. 7. The City Council considered a recommendation from the Human Relations Commission for removal of James Darmer and Judy Rice from the commission due to poor attendance at regular meetings. Moved by Councilmember Grimes and seconded by Councilmember Smothers to remove James Darmer and Judy Rice from the Human Relations Commission due to poor attendance at regular meetings. Motion Carried. 8. The City Council considered selection of a local committee to promote the 1990 census. It was the consensus of the Council to eliminate the selection of a committee but to promote the 1990 census in the City Newsletter and the Post News. April 4, 1989 page 407 9. The City Council considered Advisory Commissioner recruitment for the N.W. Hennepin Human Services Council. Staff was advised to promote recruitment in City Newsletter. Council liaison to the Human Relations Commission will also work on recruitment of Commissioners. 10. The City Council discussed the 1990 City of Crystal Budget Preparation Schedule. 11. The City Council discussed an Economic Development Authority for the City of Crystal. Shirlie Lundgren, 6307 - 34th Avenue North, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to call a Special Meeting on April 27, 1989 at 7:30 p.m. to discuss an Economic Development Authority for the City of Crystal. Motion Carried. Staff was directed to invite City Commissions to the meeting. OPEN FORUM: Dennis Buck, 7109 Valley Place, appeared concerning a police call to his home. Staff was directed to investigate complaint. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 12. The City Council discussed the violation of Richard Marsolais of Crystal Liquors, 5924 West Broadway, regarding sale of liquor to a minor. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the recommendation of City staff to suspend the off -sale liquor license for Crystal Liquors, 5924 West Broadway, for one day from 8 a.m. on April 10, 1989 until 1 a.m. on April 11, 1989. Motion Carried. 13. The City Council considered a request of the Paddock Bar, 5540 Lakeland, to extend their liquor license to include their parking lot for a softball benefit on April 15, 1989. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve a request from the Paddock Bar, 5540 Lakeland Avenue North, to extend their liquor license to include the parking lot for a softball benefit on April 15, 1989 from 2 to 4 p.m. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the list of license applications as submitted by the City Clerk to the City Council, a list of April 4, 1989 page 408 which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 10:20 p.m. Mayor ATTEST: City Clerk April 18, 1989 page 409 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 18, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Assistant Building Inspector; Darlene George, City Clerk; Julie Jones, Redevelopment Coordinator; Ed Brandeen, Park & Recreation Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged the donation of a $2500 check from the Crystal Lions Club to the Crystal Fire Department for the purchase of chain saws for opening roofs. The Mayor acknowledged a donation of a $500 check from the Knights of Columbus and a $200 check from the Kiwanis Club of North Hennepin both of which will be used to offset the cost of materials purchased for Project DARE. The City Council considered the minutes of the regular meeting of the City Council of April 4, 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the regular meeting of the City Council of April 4, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Set public hearing for May 2, 1989 to consider variance applications for density, parking and unit size at Calibre Chase, 6315 - 55th Avenue North. 2. Set public hearing for May 2, 1989 to consider easement vacation at 6619 - 31st Avenue North. 3. Set public hearing for May 2, 1989 to consider variance applications to vary the lot area requirements, to encroach in the required 40' rear yard setback, to encroach in the required 30' front yard setback, to encroach in the required 50' setback from the intersection for a curb cut for a single family dwelling at 4500 Adair Avenue North and to waive the $300 fee as requested by the Crystal HRA. 4. Set public hearing for May 2, 1989 to consider a request to grant a variance of 1.5' in the required 5' side yard setback to build a 20' x 28' attached garage on the existing house at April 18, 1989 page 410 4313 Florida Avenue North as requested by Kimberly and Philip Meinert. 5. Set public hearing for May 2, 1989 to consider a request to grant a variance of 22' in the required 40' rear yard setback for a 10' x 26' addition on the existing house at 6712 Valley Place as requested by Achievements in Design for Roger and Constance Grumdahl. 6. Set public hearing for May 2, 1989 to consider a request to grant a variance of 5' in the required 40' rear yard setback for a 11' x 24' addition on the existing house at 4702 Douglas Drive as requested by Achievements in Design for Steven and Bonnie Pechtel. 7. Consideration of a one -day off-site gambling application from Knights of Columbus, 4947 West Broadway, for July 30, 1989 at Becker Park for the Crystal Frolics. 8. Consideration of a gambling license renewal application for Cystic Fibrosis Foundation at Nicklows, 3516 North Lilac Drive. 9. Consideration of application for itinerant food establishment license at Paddock Bar, 5540 Lakeland Avenue North, on April 15, 1989. 10. Consideration of a license for Lions Club of Crystal to sell 3.2 beer at the Fireman's Open House on May 20, 1989 at the John T. Irving Fire Station and request for waiver of fee. 11. Consideration of approval of three temporary signs with waiver of fee for Crystal Bicycle Auction to be held on April 22. Signs to be located at City Hall, 6129 - 31 42nd Avenue North, and 4100 Douglas Drive, on April 19, 1989 and will be taken down after the auction on April 22, 1989. Moved by Councilmember Rygg and seconded by Councilmember Smothers to remove items #1 and #3 from the Consent Agenda. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the Consent Agenda with removal of items #1 and #3. Motion Carried. Moved by Councilmember Carlson and seconded by Councilmember Smothers to amend the motion to include removal of item #8 for discussion. Motion Carried. Items #1 and #3 were discussed. April 18, 1989 page 411 Moved by Councilmember Moravec and seconded by Councilmember Carlson to approve items #1 and 43 on the Consent Agenda. Motion Carried. Item #8 was discussed. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to approve item #8 on the Consent Agenda. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider curb and gutter improvements on Vera Cruz, 57th, Welcome, and Xenia Avenues north of Bass Lake Road. The Mayor asked those present to voice their opinions or to ask questions concerning the improvements. Those present and heard were: Mark Luby, 5656 Xenia Avenue North; Mary Toensing, 5514 -57th Avenue North; Betty Linne, 5502 -57th Avenue North; Lloyd Schreiner, 5608 -57th Avenue North; Dale Nix, 5602 -57th Avenue North; Mary Fort, 5637 Vera Cruz. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to direct staff to come back to the Council with a recommendation and a smaller scale proposal. Councilmember Moravec removed his motion and directed staff to investigate the possibility of another option. Moved by Councilmember Smothers and seconded by Councilmember Carlson to deny Curb and Gutter Improvement Project #89-4. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered authorization to issue building permit #1705 to Michael R. Finn to build a 45' x 48' airplane hangar on Lot 9B, Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve authorization to issue building permit #1705 to Michael R. Finn to build a 45' x 48' airplane hangar on Lot 9B, Crystal Airport, subject to standard procedure. Motion Carried. 2. The City Council considered authorization to issue building permit #1711 to Ray Johnson of Kurt Mfg. Co. to build a 14' x April 18, 1989 page 412 60' addition to the existing airplane hangar on Lot 21A-2, Crystal Airport. Ray Johnson appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve authorization to issue building permit #1711 to Ray Johnson of Kurt Mfg. Co. to build a 14' x 60' addition to the existing airplane hangar on Lot 21A-2, Crystal Airport, subject to standard procedure. Motion Carried. 3. The City Council considered authorization to issue building permit #1658 to Kentucky Fried Chicken to remodel at 6817 - 56th Avenue North. Dan Dege, Architect for Kentucky Fried Chicken, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve authorization to issue building permit #1658 to Kentucky Fried Chicken to remodel and make a small addition at 6817 - 56th Avenue North, subject to standard procedure. Motion Carried. 4. The City Council considered a recommendation from the Park & Recreation Advisory Commission to include the architect's fee for the addition of a third gym to the community center construction budget and add the construction of the third gym as a deduct alternate. Mark Hoffman and Marlyn Theisen of the Park & Recreation Advisory Commission appeared and were heard. Also Lorraine Bedman, 7025 - 46th Avenue North, was heard. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the inclusion of the architect's fee for the addition of a third gym to the community center construction budget and add the construction of the third gym as a deduct alternate, so if the construction bids come within the $3,500,000 budget, the third gym could be constructed. Motion Carried. 5. The City Council considered a waiver of plat requirement to approve a lot split as requested at 4166 Hampshire Avenue North by Victor Hanks. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-16A RESOLUTION APPROVING PROPERTY SPLIT INVOLVING 6613 - 42ND AVENUE (P.I.D. #17-118-21-0044) AND 4166 HAMPSHIRE AVENUE (P.I.D. #17-118-21-14-0045) April 18, 1989 page 413 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 6. The City Council considered a conditional use permit to allow a landscape contractor's storage and retail in an I-2 (Heavy Industrial) District at 5612 Corvallis Avenue North as requested by Ron Graves Contracting. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve application #89-7, as submitted by Ron Graves, for a conditional use permit to allow a landscape contractor's storage and retail in an I-2 (Heavy Industrial) District at 5612 Corvallis Avenue North. Motion Carried. 7. The City Council considered an Amendment to the Zoning Ordinance concerning lot area requirements for R-1 (Single Family Residential) District as requested by Lorraine Bedman, 7025 - 46th Avenue North. Lorraine Bedman appeared and was heard. Moved by Councilmember Smothers to table the item. Motion failed for lack of a second. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to deny an Amendment to the Zoning Ordinance to reduce lot area requirements for R-1 (Single Family Residential) District to 6000 square feet (Section 515.15, Subdivision 2 d) 1) i)). Motion Carried. The Mayor called a recess at 8:45 p.m. and the meeting was reconvened at 8:58 p.m. 8. The City Council considered the Second Reading of an Ordinance Amendment Related to Elderly Housing. Those present and heard were: Al Schempp, 6326 - 36th Avenue North; Greg Lundeen, 6125 - 36th Avenue North; Dave Laughlin, 6115 - 36th Avenue North; John Paulson, 320 Edgewood Avenue North, Golden Valley. Moved by Councilmember Rygg and seconded by Councilmember Smothers to deny second reading of the ordinance amendment. By roll call and voting aye: Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Grimes, Langsdorf. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to table the item. April 18, 1989 page 414 By roll call and voting aye: Rygg, Herbes, Smothers; voting no: Moravec, Grimes, Carlson, Langsdorf. Motion Failed. Moved by Councilmember Carlson and seconded by Councilmember Smothers to move the previous question. By roll call and voting aye: Grimes, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec, Rygg. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING REGULATIONS: AMENDING CRYSTAL CITY CODE, SUBSECTION 515.27, SUBDIVISION 4 d): REPEALING CRYSTAL CITY CODE, SUBSECTIONS 515.03, SUBDIVISION 71; 515.09, SUBDIVISION 8 0); 515.15, SUBDIVISION 2 d) 4) iii); 515.15, SUBDIVISION 5 c); AND 515.27, SUBDIVISION 4 c) and further that this be the second and final reading. By roll call and voting aye: Moravec, Grimes, Langsdorf; voting no: Rygg, Carlson, Herbes, Smothers. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to send the ordinance amendment back to the Planning Commission. By roll call and voting aye: Moravec, Grimes, Herbes, Langsdorf; voting no: Rygg, Carlson, Smothers. Motion Carried. 9. The City Council considered a resolution of findings for Light Rail Transit preliminary design on Northwest Corridor. Moved by Councilmember Carlson and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-17 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR THE NORTHWEST CORRIDOR OF LIGHT RAIL TRANSIT April 18, 1989 page 415 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 10. The City Council considered a request for reconsideration of Proffesors Addition preliminary plat. Moved by Councilmember Smothers and seconded by Councilmember Carlson to reconsider Proffesors Addition preliminary plat. By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Langsdorf. Motion Carried. 11. The City Council considered project authorization for slope stabilization on Bassett Creek at Brunswick Avenue crossing. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve authorization for slope stabilization on Bassett Creek at Brunswick Avenue crossing as recommended by the City Engineer. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the feasibility report for Alley Improvements Project #89-6. Motion Carried. 14. The City Council considered the First Reading of an Amendment to the Ordinance to include garage sales as an accessory use in residential districts. Moved by Councilmember Rygg and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO GARAGE SALES; AMENDING CRYSTAL CITY CODE, SUBSECTION 515.19, SUBDIVISION 3 BY ADDING A SUBDIVISION 12. The City Council considered acceptance of feasibility report for curb and gutter improvements on Brunswick Avenue between 46th and 47th Avenues. Moved by Councilmember Grimes and seconded by Councilmember Smothers to accept the feasibility report for Curb and Gutter Improvement Project #89-5. Motion Carried. 13. The City Council considered the acceptance of the feasibility report for alley improvements west of Welcome Avenue between 38th and 39th Avenues. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the feasibility report for Alley Improvements Project #89-6. Motion Carried. 14. The City Council considered the First Reading of an Amendment to the Ordinance to include garage sales as an accessory use in residential districts. Moved by Councilmember Rygg and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO GARAGE SALES; AMENDING CRYSTAL CITY CODE, SUBSECTION 515.19, SUBDIVISION 3 BY ADDING A SUBDIVISION April 18, 1989 page 416 and further, that the second and final reading be held on May 2, 1989. Motion Carried. 15. The City Council considered the Second Reading of an Ordinance relating to Park Dedication. Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-5 AN ORDINANCE RELATING TO PARK DEDICATION: AMENDING CRYSTAL CITY CODE BY ADDING SECTION 510 and further that this be the second and final reading. Motion Carried. 16. The City Council considered the Second Reading of an Ordinance regarding refuse hauling districts. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-6 AN ORDINANCE RELATING TO RECYCLING and further that this be the second and final reading. Motion Carried. 17. The City Council considered the City's membership in the Municipal Amicus Program (MAP) through the League of Minnesota Cities. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve the City's membership in the Municipal Amicus Program (MAP) through the League of Minnesota Cities. Motion Carried. 18. The City Council discussed the property owned by the City at 4836 Douglas Drive. Council consensus was to direct staff to obtain quotes for demolition of the house. 19. The City Council discussed Fiscal Disparities legislation. Councilmember Carlson read a resolution prepared for approval by the Council. April 18, 1989 page 417 Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following resolution. RESOLUTION NO. 89-18 RESOLUTION REGARDING FISCAL DISPARITIES 1989 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 20. The City Council considered award of bid for the 1989 maintenance materials. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-19 RESOLUTION AWARDING A BID By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 21. The City Council discussed its regular meeting of May 16, June 6, and July 4, 1989. Meetings were set as follows: Moved by Councilmember Smothers and seconded by Councilmember Carlson to change the May 16, 1989 Council meeting time. The meeting will convene at 8 p.m. rather than 7 p.m. due to District 281 School Board Election. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to change the June 6, 1989 Council meeting date to June 5, 1989 at 7 p.m. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Carlson to change the July 4, 1989 Council meeting date to July 5, 1989 at 7 p.m. Motion Carried. 22. The City Council considered the auctioneer license for the Crystal Bicycle Auction to be held April 22, 1989. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the auctioneer license of Lemay Johnson, Garrison, Minnesota, for the Crystal Bicycle Auction and a waiver of the license fee. Motion Carried. April 18, 1989 page 418 INFORMAL DISCUSSION AND ANNOUNCEMENTS: Consideration of 1989 Annual LMC Conference to be held June 6 thru June 9, 1989. Stop sign petition received on 4-18-89 for 47th and Welcome Avenues. Water main breakdown - Douglas Drive. 23. The City Council discussed an easement vacation at 5003 Angeline Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to set a public hearing for May 2, 1989 to discuss easement vacation at 5003 Angeline Avenue North. Motion Carried. Council Liaison reports were given as follows: Councilmember Moravec -Crystal HRA Councilmember Grimes -Human Relations Commission Councilmember Smothers -Park & Recreation Advisory Commission Discussion was held regarding recycling letter to be sent to residents of Crystal. Mrs. Bedman, 7025 -46th Avenue North, was heard regarding a complaint of air pollution in her neighborhood at night. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Meeting adjourned at 10:50 p.m. Motion Carried. Mayor ATTEST: City Clerk 1 April 18, 1989 page 419 April 27, 1989 page 420 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Meeting of the Crystal City Council was held on April 27, 1989, at 7:30 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Langsdorf. Absent was: Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; Dave Kennedy, City Attorney; William Monk, Public Works Director; Darlene George, City Clerk. The following Commission members were present: Planning Commission: Elsen, Feyereisen, Nystrom, Kamp, Anderson. Human Relations Commission: West, Ehret, Luzaick. Park & Recreation Advisory Commission: Reid. Charter Commission: Irving, Meintsma, Garber, Anderson, Feyereisen. The Crystal HRA roll was called and the following were present: Gates, Irving, Meintsma, Garber, Moravec. Crystal citizen Shirlie Lundgren, 6307 - 34th Avenue North, appeared and was heard. The City Attorney explained the establishment and function of both a Housing and Redevelopment Authority and an Economic Development Authority. The City Council discussed the implementation of an Economic Development Authority for the City of Crystal with the commissioners and citizens in attendance. Meeting adjourned by the Mayor at 8:45 p.m. Mayor ATTEST: City Clerk , 1 May 2, 1989 page 421 BOARD OF EQUALIZATION Pursuant to due call and notice thereof, the City of Crystal Council convened as a Board of Equalization on May 2, 1989, at the City Hall, 4141 Douglas Drive, Crystal, Minnesota at 7:00 P.M. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Barber, Assistant Building Inspector; Darlene George, City Clerk; Ken Bjorn, Assessor; Jerry Hedlund, Appraiser. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Glen Buzitsky, Hennepin County Principal Appraiser, was present to discuss the 1989 assessment rolls and answer questions from those present. Those residents heard were: George Merriam, 6626 Fairview Avenue North, PID 08-118-21-14-0107 Arie Mann, 6024-32 - 42nd Avenue North, PID 16-118-21-23-0076 Peter Bruske, 4916 Bernard Avenue North, PID 09-118-21-11-0006 Norton Glass, 6612 - 46th Place, PID 08-118-21-44-0109 Roberta Veech, 4226 Louisiana Avenue North, PID 17-118-21-12-0097 (represented by T. Stauffnecker) Nancy & Don Chandler, 6806 - 58th Ave. N., PID 05-118-21-13-0119 Gerald Oppermann, 2917 Kentucky Ave. N., PID 20-118-21-43-0126 John Silcott, 3301 Edgewood Avenue North, PID 20-118-21-14-0076 Complaints received by mail were from: John R. Paulson, 5924 West Broadway, PID 05-118-21-24-0091 Michael Halek, 3133-41 Douglas Drive, PID 20-118-21-41-0077 Moved by Councilmember Smothers and seconded by Councilmember Moravec to affirm the assessment rolls as presented by the City Assessor. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adjourn the Board of Equalization. Motion Carried. Mayor May 2, 1989 page 422 ATTEST: City Clerk [1 e May 2, 1989 page 423 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 2, 1989 at 7:00 P.M., or as soon thereafter as the meeting may be convened, at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Assistant Building Inspector; Darlene George, City Clerk; Daniel Smith, Assistant City Engineer; Julie Jones, Redevelopment Coordinator; Ed Brandeen, Park & Recreation Director. The Mayor acknowledged the receipt of a $300 donation from Olivet Baptist Church to be distributed equally to the Fire Department, Police Department, and the Park & Recreation Department. The City Council considered the minutes of the regular meeting of April 18, 1989 and the special meeting of April 27, 1989. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the regular meeting of the City Council April 18, 1989 and the special meeting of April 27, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of a charitable gambling license renewal for Minnesota Therapeutic Camp at Rostamo's, 6014 Lakeland Avenue North. 2. Set public hearing for May 16, 1989, at 8 p.m., to consider 1989 Sealcoat Program in District 3. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider variance applications for density, parking and unit size for additional units at Calibre Chase, 6315 - 55th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Mr. Madison, resident of Calibre Chase. May 2, 1989 page 424 Moved by Councilmember Carlson and seconded by Councilmember Smothers to continue the public hearing to June 5, 1989 and notify affected property owners. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will set as a Board of Adjustments and Appeals to consider variance applications to vary the lot area requirements, to encroach in the required 40' rear yard setback, to encroach in the required 30' front yard setback, to encroach in the required 50' setback from the intersection for a curb cut for a single family dwelling at 4500 Adair Avenue North and to waive the $300 fee as requested by the Housing & Redevelopment Authority of the City of Crystal. The Mayor asked those present to voice their opinions or to ask questions concerning the variances. Those present and heard were: Frances Feyereisen, 3411 Yates Avenue North (Member of Planning Commission); Paulette Magnuson, 3159 Jersey Avenue North (Member of Planning Commission); Lorraine Bedman, 7025 - 46th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Rygg to deny as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to 1) vary or modify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 20' in the required 40' rear yard setback; 2) to vary or modify the strict application of Section 515.13, Subd. 2 a) to grant a variance of 9' in the required 30' front yard setback; 3) to vary or modify the strict application of Section 515.09, Subd. 4 h) 4) to grant a variance of 14' in the required 50' setback from the intersection for a curb cut for a single family dwelling at 4500 Adair Avenue North as requested in applications #89-8, #89-9, #89-10 and #89-11, and further to waive the $300 fee as requested by the Housing & Redevelopment Authority of the City of Crystal. Motion Carried. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec. Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance of 1.5' in the required 5' side yard setback to build a 20' x 28' attached garage on the existing house at 4313 Florida Avenue North as requested by Kimberly and Philip Meinert. The Mayor asked those present to voice their May 2, 1989 page 425 opinions or to ask questions concerning this matter. Those present and heard were: Kimberly Meinert. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Carlson to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 3 a) 1), to grant a variance of 1.5' in the required 5' side yard setback to build a 20' x 28' attached garage on the existing house at 4313 Florida Avenue North as requested in application #89-15. Motion Carried. 4. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request to grant a variance of 5' in the required 40' rear yard setback for an 11' x 24' addition on the existing house at 4702 Douglas Drive as requested by Achievements in Design for Steven and Bonnie Pechtel. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. No one appeared. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Moravec to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 5' in the required 40' rear yard setback for an 11' x 24' addition on the existing house and a 24' x 24' detached double garage, at 4702 Douglas Drive as requested in application #89-17. Motion Carried. 5. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request to grant a variance of 22' in the required 40' rear yard setback for a 10' x 26' addition on the existing house at 6712 Valley Place as requested by Achievements in Design for Roger and Constance Grumdahl. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. No one appeared. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Grimes to grant as recommended by and based on the findings of May 2, 1989 page 426 fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 22' in the required 40' rear yard setback for a 10' x 26' addition on the existing house at 6712 Valley Place as requested in application #89-16. Motion Carried. 6. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider an improvement project to construct curb and gutter on Brunswick Avenue between 46th and 47th Avenues. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Roger Peterson, 4652 Brunswick Avenue North; Allen Evenson, 6101 - 47th Avenue North; Paul Olson, 6024 - 46th Avenue North; Steven Schleif, 4629 Brunswick Avenue North; Bill Moore, 4646 Brunswick Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-20 RESOLUTION AUTHORIZING IMPROVEMENT PROJECT NO. 89-5 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider an improvement project to reconstruct alley east of Welcome Avenue between 38th and 39th Avenues North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Greg Smith, 3835 Vera Cruz Avenue North; Jan Zajak, 3801 Vera Cruz Avenue North; Harold Walberg, 3800 Welcome Avenue North; John McPartlan, 3832 Welcome Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-21 May 2, 1989 page 427 RESOLUTION AUTHORIZING IMPROVEMENT PROJECT NO. 89-6 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The Mayor called a recess at 9:06 p.m. and the meeting was reconvened at 9:20 p.m. 8. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider vacation of utility and drainage easement on Lots 1 and 2, Block 3 of Sunnyview Hills, at 6619 - 31st Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. No one appeared. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE VACATING CERTAIN EASEMENTS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on May 16, 1989. Motion Carried. 9. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider vacation of portion of utility and drainage easement on Lot 2, Block 1, Larson Rolling Green of Crystal, at 5003 Angeline Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. No one appeared. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE VACATING CERTAIN EASEMENTS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on May 16, 1989. May 2, 1989 page 428 Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered applications for appointment to the Human Relations Commission from James Craig Allison, 4315 Welcome Avenue North, and Lois M. Darg, 3243 Zane Avenue North, for an unexpired term, expiring 12-31-89 and an unexpired term expiring 12-31-90. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to appoint James Craig Allison, 4315 Welcome Avenue North, to the Human Relations Commission for an unexpired term expiring 12-31-89. Motion Carried. Moved by Councilmember Grimes and seconded by Councilmember Moravec to appoint Lois M. Darg, 3243 Zane Avenue North, to the Human Relations Commission for an unexpired term expiring 12-31-90. Motion Carried. 2. The City Council considered an application for appointment to the Planning Commission from Bruce Smith, 5701 Rhode Island Avenue North, for an unexpired term expiring 12-31-90. Moved by Councilmember Smothers and seconded by Councilmember Carlson to appoint Bruce Smith, 5701 Rhode Island Avenue North, to the Planning Commission for an unexpired term expiring 12-31-90. Motion Carried. 3. The City Council considered applications for appointment to the Park & Recreation Advisory Commission from Gail Spaulding, 3913 Idaho Avenue North, and Luzetta Kenney, 2827 Hampshire Avenue North for an unexpired term expiring 12-31-90. Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Gail Spaulding, 3913 Idaho Avenue North, to the Park & Recreation Advisory Commission for an unexpired term expiring 12-31-90. Motion Carried. 4. The City Council considered a petition for a stop sign at 48th and Zane Avenues North. Those present and heard were: Mike McLennan, 4806 Zane Avenue North. Moved by Councilmember Carlson to approve the installation of a stop sign at 48th and Zane Avenues North. Motion failed for lack of a second. May 2, 1989 page 429 5. The City Council considered a petition for stop signs on Welcome Avenue and 47th Avenue. Moved by Councilmember Smothers to deny installation of stop signs on Welcome Avenue and 47th Avenue North. Motion failed for lack of a second. Moved by Councilmember Carlson and seconded by Councilmember Rygg to approve installation of stop signs on Welcome Avenue and 47th Avenue North. By roll call and voting aye: Rygg, Carlson, Herbes, Langsdorf; voting no: Moravec, Grimes, Smothers. Motion Carried. 6. The City Council considered the award of bid to Viking Fence to furnish and install playground equipment at three City parks (Crystal Heights, Lee, and Iron Horse). Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-22 RESOLUTION AWARDING A BID By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council considered a request as submitted by Pizza Hut of America, Inc. to rezone property from B-2 (Limited Commercial) District to B-4 (Community Commercial) District and variance request for a conditional use permit to allow a convenience food establishment (pizza take-out) in a B-4 District at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. Present and heard were: Allan Broholm, Senior Real Estate Representative for Pizza Hut; Mark Feyereisen, 3404 Zane Avenue North, Employee of Pizza Hut; Greg Lundeen, 6125 - 36th Avenue North; Betty Lund, 6403 - 36th Avenue North; Georgia Hanson (did not give her address). A. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS May 2, 1989 page 430 and further that the second and final reading be held on May 16, 1989. Motion Carried. B. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve a conditional use permit to allow a convenience food establishment (pizza take-out) in a B-4 District at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition as requested in variance application #89-6, conditions to include upgrading of fences on north and east sides of property, addressing the issue of litter, and specific hours of operation, with the intent of review on a periodic basis to see if permit needs to be revised. Motion Carried. 8. The City Council reconsidered the preliminary plat of Proffesors Addition, 32nd Avenue North and Florida. Those present and heard were: Grady Boeck, representing Scott Kevitt; Ralph Dorweiler, 3208 Hampshire Ave. N.; Ken Larson, 3226 Hampshire Ave. N.; Bill O'Brien (did not give address); Joe Kelly, 3232 Hampshire Ave. N.; Bob Woods, 3222 Florida Ave. N.; Steve Sigel, 3200 Florida Ave. N.; Lorraine Bedman, 7025 -46th Ave. N.; Scott Kevitt, Developer. Moved by Councilmember Moravec and seconded by Councilmember Grimes to continue until May 16, 1989, the discussion of tentative approval of proposed plat Proffesors Addition located at 32nd Avenue North and Florida to allow the City Engine@r to report back to the City Council regarding grading system and plat preference. Motion Carried. The Mayor called a recess at 11:40 p.m. and the meeting was reconvened at 11:45 p.m. 9. The City Council considered a request to reconsider recent Council denials of the Bedman Addition preliminary plat and the Ordinance Amendment to reduce single family residential lot area requirements. The Mayor called for a motion to reconsider the Bedman Addition preliminary plat and Ordinance Amendment to reduce single family residential lot area requirements. No motion was heard; no action taken. Councilmember Moravec was out of the room during this item. 10. The City Council considered Second Reading of an Amendment to the Ordinance to include garage sales as an accessory use in residential districts. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: May 2, 1989 page 431 ORDINANCE NO. 89-7 AN ORDINANCE RELATING TO GARAGE SALES: AMENDING CRYSTAL CITY CODE, SUBSECTION 515.19, SUBD. 3, BY ADDING A SUBDIVISION and further, that this be the second and final reading. Motion Carried. Councilmember Moravec was out of the room during this action. 11. The City Council considered a proposed change in the schedule for the Community Center project from Anderson Dale Architects. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve, as recommended by the City Manager, a proposed change in the schedule for the Community Center project from Anderson Dale Architects. Motion Carried. 12. The City Council discussed watering restrictions for 1989. The City Council directed staff to prepare a report and background information. 13. The City Council discussed setting a public hearing regarding an Economic Development Authority for the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Carlson to direct the City Attorney to prepare documentation of necessary steps to set a public hearing and prepare a schedule for publishing notice of same for consideration by the Council. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Langsdorf. Motion Carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS: Councilmember Langsdorf reported on the Environmental Commission and asked the Council's input regarding a Housing Maintenance Code. It was the consensus of the Council that the Commission should proceed with their efforts regarding a Housing Maintenance Code. Councilmember Moravec reported on the Crystal HRA. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, May 2, 1989 page 432 that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 12:05 a.m. Mayor ATTEST: r City Clerk 1 May 16, 1989 page 433 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 16, 1989 at 8:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Art Quady, Fire Chief. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged the receipt of donations to the Park and Recreation Department from Westphal American Legion Post #251 in the amount of $440 for a bench at Becker Park; from Crystal Lions Club in the amount of $1,250 for benches at Becker Park, $750 for Metropolitan Boys Choir concert and $1,000 to the Crystal Frolics Committee; and from Ladies Auxiliary/Charles Knaeble Post #494 in the amount of $440 for a bench at Becker Park. The City Council considered the minutes of the Board of Equalization and the Regular City Council meeting of May 2, 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the Board of Equalization meeting and the Regular City Council meeting of May 2, 1989. Motion Carried. Bill Barber, a member of the American Red Cross, presented a plaque to the City of Crystal for the most money raised for the Mayors' Swim -A -Cross; Councilmember Smothers displayed a plaque presented to the Crystal Lions Club as the civic group donating the most money to the Mayors' Swim -A -Cross. The City Council considered the following Consent Agenda: 1. Consideration of a charitable gambling license from Church of St. Raphael's, 7301 Bass Lake Road, for their festival August 4, 5, and 6, 1989. 2. Set public hearing for June 5, 1989 for consideration of a request to grant a variance of 2' in the required 40' rear yard setback for a 14' x 16' addition on the existing house at 3024 Wisconsin Avenue North as requested by Richard Miners. 3. Consideration to extend the approved solicitor's permit for Crystal Fire Cadets - Explorer Post #2071, 4141 Douglas Drive, to sell candy door to door from May 20, 1989 through June 20, 1989. May 16, 1989 page 434 4. Set public hearing for June 5, 1989 to consider a request to grant a variance at 3136 Hampshire Avenue North as requested by Chris Knight. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. Councilmember Moravec arrived at 8:10 p.m. The City Council considered the following Public Hearing: 1. It being 8:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider the 1989 Sealcoat Program in District 3. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: John Bobleter, 4536 Colorado Avenue North; Mike Pohl, 4226 Zane Avenue North; John Larson, 4321 Welcome Avenue North; Norton Glass, 6612 -46th Place; Mark Nelson, 4247 Xenia Avenue North, Kelly Monroe, 54th & Florida; Resident, 6520- 47th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-23 A RESOLUTION AUTHORIZING THE 1989 SEALCOAT PROJECT 89-2 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the preliminary plat of Proffesors Addition, 32nd Avenue North and Florida. Those present and heard were: Ken Larson, 3226 Hampshire Avenue North; Bob Miller, Attorney for Mr. Kevitt, Developer; Bob Woods, 3222 Florida Avenue North; Marilyn O'Brien, owner of one acre north of the development. Moved by Councilmember Moravec and seconded by Councilmember Grimes to approve tentative approval of proposed plat Proffesors Addition located at 32nd Avenue North with the following conditions: 1) The existing 27 -inch storm sewer be extended to the north edge of Block 1; 2) A drainage easement J 1 May 16, 1989 page 435 be provided over all of Outlet A; 3) Concrete curb and gutter be extended along 32nd Avenue in front of Lots 1 and 2 of Block 1; 4) Soil correction be performed on Lots 1 and 2, Block 1, and engineering reports certifying buildability be filed with the City. Motion Carried. The Mayor called a recess at 9:28 p.m. and the meeting was reconvened at 9:37 p.m. 2. The City Council considered a bid for purchase of a new fire truck. Manager proposal: purchase one truck with Accessory B and look at purchasing the second truck dependent upon legislative action. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-24 RESOLUTION AWARDING A BID By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 3. The City Council considered the First Reading of an ordinance Related to Elderly Housing. Moved by Councilmember Carlson and seconded by Councilmember Smothers to amend the ordinance to read 1155 years of age" rather than 1160 years of age" in Section 515.03, Subdivision 71. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec. Motion Carried. Greg Lundeen, 6125 -36th Avenue North, and Mike Kivel, 3510 Douglas Drive, appeared and were heard. Moved by Councilmember Rygg and seconded by Councilmember Carlson to adopt the following ordinance as amended: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING REGULATIONS: AMENDING CRYSTAL CITY CODE SECTIONS 515.03 AND 515.15 and further, that the second and final reading be held on June 5, 1989. May 16, 1989 page 436 By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Langsdorf. Motion Carried. 4. The City Council considered the authorization to issue building permit to R & J Investments to build a 70' x 50' airplane hangar at Lot 9D, Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve authorization to issue a building permit to R & J Investments to build a 70' x 50' airplane hangar at Lot 9D, Crystal Airport, subject to standard procedure. Motion Carried. 5. The City Council considered the authorization to issue building permit to Pizza Hut of America, Inc. for remodeling the building at 3600 Douglas Drive. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve authorization to issue building permit to Pizza Hut of America, Inc. for remodeling the building at 3600 Douglas Drive. Motion Carried. 6. The City Council considered the Second Reading of an Ordinance Relating to Zoning for 3600 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89-8 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further that this be the second and final reading. Motion Carried. 7. The City Council considered the Second Reading of an Ordinance for easement vacation at 6619 - 31st Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89-9 AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS and further that this be the second and final reading. Motion Carried. 8. The City Council considered the Second Reading of an Ordinance for easement vacation at 5003 Angeline Avenue North. 1 May 16, 1989 page 437 Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-10 AN ORDINANCE VACATING A CERTAIN DRAINAGE AND UTILITY EASEMENT and further that this be the second and final reading. Motion Carried. 9. The City Council considered no parking designation on Lakeland Avenue (County Road 81 Frontage Road) between 56th and 58th Avenues. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-25 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PARKING ZONE By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 10. The City Council considered a resolution regarding lead and copper levels in potable water supplies. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-26 A RESOLUTION OPPOSING PROPOSED NEW EPA RULES FOR LEAD AND COPPER By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 11. The City Council considered a resolution directing establishment and approving refuse/recycling collection districts and days of collection as established by the City Manager. A. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: May 16, 1989 page 438 RESOLUTION NO. 89-27 A RESOLUTION DIRECTING ESTABLISHMENT OF REFUSE AND RECYCLING COLLECTION DISTRICTS By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. B. Moved by Councilmember Moravec and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-28 A RESOLUTION APPROVING REFUSE/RECYCLING COLLECTION DISTRICTS AND DAYS OF COLLECTION AS ESTABLISHED BY THE CITY MANAGER By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 12. The City Council considered First Reading of an Ordinance Amendment restricting pickup times for commercial refuse haulers and an amendment to the City Code regarding refuse enclosures. A. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 645.05, SUBDIVISION 3 and further that the second and final reading be held on June 5, 1989. Motion Carried. B. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE CRYSTAL CITY CODE REGARDING REFUSE ENCLOSURES and further that the second and final reading be held on June 5, 1989. Motion Carried. May 16, 1989 page 439 13, The City Council considered a recommendation from the Human Relations Commission to reimburse Judy Rice $100 for graphic work done on their brochure to date. Moved by Councilmember Smothers and seconded by Councilmember Rygg to authorize a reimbursement to Judy Rice in the amount of $100 for graphic work done on the Human Relations Commission brochure to date. Motion Carried. 14. The City Council considered the assignment of a staff person to the Human Relations Commission. Staff will work with Councilmember Grimes on the assignment. 15. The City Council considered First Reading of an Ordinance Amendment to include Community Service Officers to have authority to issue citations in lieu of arrest. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO PUBLIC SAFETY; AMENDING CRYSTAL CITY CODE, SECTION 960 BY ADDING A SUBSECTION and further that the second and final reading be held on June 5, 1989. Motion Carried. 16. The City Council considered a resolution setting fees for secondhand goods dealers investigations. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-29 A RESOLUTION ESTABLISHING INVESTIGATION FEES: LIQUOR LICENSES AND PAWN BROKER LICENSES By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 17. The City Council considered an enabling resolution for an Economic Development Authority. Moved by Councilmember Smothers and seconded by Councilmember Rygg to set a public hearing for 7:00 P.M. or as soon thereafter as the matter may be heard, June 20, 1989, on the question of adopting an enabling resolution for the creation of an Economic Development Authority for the City. May 16, 1989 page 440 By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec. Motion carried, resolution declared adopted. INFORMAL DISCUSSION AND ANNOUNCEMENTS: The City Council discussed parking restrictions on south side of Fairview Avenue between Louisiana and Nevada Avenues. Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-30 RESOLUTION PROHIBITING PARKING ON SOUTH SIDE OF FAIRVIEW AVENUE BETWEEN LOUISIANA AND NEVADA AVENUES By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered acceptance of improvements at Calibre Chase Apartments, 6315 -55th Avenue North, and release of surety in the amount of $10,875. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept the work required as a condition of building permit approval for Brutger Companies, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $10,875 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 10:50 p.m. 1 ATTEST: r City Clerk May 16, 1989 page 441 Mayor June 5, 1989 page 442 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 5, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers. Absent: Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged accomplishments of Police Manager Richard Gautsch, and the following resolution was read, a copy of which was presented to Mr. Gautsch. RESOLUTION NO. 89-31 RESOLUTION COMMENDING POLICE MANAGER RICHARD GAUTSCH No motion was entertained nor a vote taken. The Mayor acknowledged a donation from the Crystal Lions Club in the amount of $3,000 to the Park and Recreation Department to be used for the following: benches - Becker Park (3) $1,390; Becker Park concerts (Decades) $750; Crystal Community Center $1,110. The City Council considered the minutes of the Regular City Council meeting of May 16, 1989. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the minutes of the Regular City Council meeting of May 16, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of an application for a special permit to consume liquor and beer at Lions Valley Place Park on July 15, 1989 for a picnic, as requested by Judith Wicklund, 2731 Vale Crest Road. 2. Consideration of an application for a special permit to consume liquor and beer at Bassett Creek Park on June 11, 1989 for a picnic, as requested by Ray Kodet, 5430 Maryland Avenue North. 3. Consideration of an application for a special permit to consume 3.2 beer at Bassett Creek Park on June 22, 1989 for June 5, 1989 page 443 the City of Crystal 2nd Annual Employee Picnic, as requested by Jerry Dulgar, City Manager. 4. Consideration of a charitable gambling license renewal for Celebrity Bowl Charities, Inc. at Doyle's Lanes. 5. Consideration of a request from Klein Shows and Crystal Frolics Committee to operate a carnival at Becker Park for the Crystal Frolics on July 28, 29 and 30, 1989. (Council approved a waiver of this license fee on February 21, 1989.) 6. Consideration of the resignation of Cyril Soukup from the Civil Service Commission effective June 1, 1989. 7. Consideration of a Charitable Gambling License application for the Crystal Lions Club at Burlings Tally Ho Restaurant, 5216 West Broadway. Moved by Councilmember Moravec and seconded by Councilmember Grimes to remove item #5 from the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider density, parking and unit size variances at Calibre Chase as requested by Brutger Companies for two additional apartment units at 6315 - 55th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The applicant requested withdrawal of the item from the agenda. The Mayor closed the Public Hearing. No action taken. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council Moved by Councilmember Moravec and seconded by Councilmember Grimes to approve the Consent Agenda with the exception of item #5. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Grimes to accept item #5 of the Consent Agenda as presented if hours of operation of the carnival remain the same as in 1988 which were 6 to 12 p.m. on Friday; 12:00 noon to 12:00 midnight on Saturday, and 12:00 noon to 12:00 midnight depending on attendance on Sunday. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider density, parking and unit size variances at Calibre Chase as requested by Brutger Companies for two additional apartment units at 6315 - 55th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The applicant requested withdrawal of the item from the agenda. The Mayor closed the Public Hearing. No action taken. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council June 5, 1989 page 444 will sit as a Board of Adjustments and Appeals to consider a variance of 2' in the required 40' rear yard setback for a 14' x 16' addition on the existing house at 3024 Wisconsin Avenue North as requested by Richard Miners. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 2' in the required 40' rear yard setback for a 14' x 16' addition on the existing house at 3024 Wisconsin Avenue North, as requested in application #89-18. Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance of 1' 8" in the required 30' front yard setback for a 20' x 31' garage addition at 3136 Hampshire Avenue North as requested by Chris Knight. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Grimes to grant the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 2 a) to consider a variance of 1' 8" in the required 30' front yard setback for construction of an attached 20' x 31' garage on the existing house at 3136 Hampshire Avenue North as requested in application #89-20. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the Second Reading of an Ordinance Amendment Regarding Elderly Housing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89-11 June 5, 1989 page 445 AN ORDINANCE RELATING TO ZONING REGULATIONS: AMENDING CRYSTAL CITY CODE SECTIONS 515.03 AND 515.15 and further, that this be the second and final reading. Moved by Councilmember Moravec to amend the ordinance raising the square footage to 1,750 square feet. Motion failed for lack of a second. voting on the original motion changing wording in Subdivision 71 to read "at least one person": voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Moravec; absent, not voting: Langsdorf. Motion Carried. 2. The City Council considered a three-day temporary on -sale liquor license on August 31, September 1, and September 2, 1989 as requested by Knights of Columbus #3656, 4947 West Broadway, and a request for waiver of the fee. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve a three-day temporary on -sale liquor license on August 31, September 1, and September 2, 1989 for Knights of Columbus #3656, 4947 West Broadway, and a waiver of the fee. Motion Carried. 3. The City Council considered the 1989 labor agreement between the City of Crystal and Law Enforcement Labor Service Local #44 (Patrol Officers). Changes include a 4% salary increase plus the following: 1. Insurance: an additional $10 to the maximum employer contribution per employee; an additional $5 to the maximum amount that may be used for dental insurance. 2. Uniforms: add "The employer will provide any required plain clothes dress." 3. Educational Incentive: Employees hired after March 31, 1986, shall not be eligible for Educational Incentive Pay as outlined in 21.6 of Article XXI. 4. Appendix A Additions: -Corporals will be paid 7.5% above Top Patrol (50% between Supervisors and Top Patrol). -Officer-In-Charge will be paid 80% of the Corporal's hourly rate of pay for all hours worked in that capacity. -$5 increase in Investigator's pay. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the 1989 labor agreement between the City of Crystal and Law Enforcement Labor Service Local 144 and further, that the Mayor and City Manager be authorized to sign such agreement, and that the $5 additional dental coverage be extended to include all City employees. Motion Carried. 4. 5. go 7. June 5, 1989 page 446 The City Council considered a donation to the Hennepin County Olde Tyme County Fair on July 27, 28, 29 and 30, 1989. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve a donation to the Hennepin County Olde Tyme County Fair on July 27, 28, 29 and 30, 1989 in the amount of $100.00. Motion Carried. The City Council considered a contribution to the Northwest Hennepin Human Services Council for the year 1990. Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve a contribution to the Northwest Hennepin Human Services Council for the year 1990 in the amount of $5,478.00. Motion Carried. The City Council considered the First Reading of an Amendment to the City Ordinance relating to City Government: Administrative Code. Moved by Councilmember Smothers and seconded by Councilmember Rygg to table the Amendment to the City Ordinance relating to City Government: Administrative Code. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Moravec; absent, not voting: Langsdorf. Motion Carried. The City Council considered a resolution establishing dates for the 1989 Municipal Election. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-32 A RESOLUTION ESTABLISHING DATES FOR THE 1989 MUNICIPAL ELECTION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 8. The City Council considered the Second Reading of an Ordinance restricting pickup times for commercial refuse haulers and an amendment to the Crystal City Ordinance regarding refuse enclosures. Those appearing and heard were: John Paulson, 320 Edgewood Avenue North, Golden Valley. June 5, 1989 page 447 Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 89-12 AN ORDINANCE RELATING TO REFUSE DISPOSAL: AMENDING CRYSTAL CITY CODE, SUBSECTION 645.05, SUBD. 1, AND SECTION 605 BY ADDING A SUBSECTION and further that this be the second and final reading. Motion Carried. 9. The City Council considered the Second Reading of an Ordinance Amendment to include Community Service Officers to have authority to issue citations in lieu of arrest. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 89-13 AN ORDINANCE RELATING TO PUBLIC SAFETY; AMENDING CRYSTAL CITY CODE, SECTION 960 BY ADDING A SUBSECTION and further that this be the second and final reading. Motion Carried. 10. The City Council considered a resolution regarding housing maintenance code. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-33 A RESOLUTION REGARDING HOUSING MAINTENANCE CODE By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 11. The City Council considered bids for the demolition of a house at 4836 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-34 RESOLUTION APPROVING DEMOLITION BID FOR 4836 DOUGLAS DRIVE June 5, 1989 page 448 By roll call and voting aye: Moravec, Grimes, Carlson, Herbes, Smothers; voting no: Rygg; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 12. The City Council discussed plastics recycling. Councilmember Moravec suggested that this be referred to the Environmental Quality Commission for study. 13. The City Council considered a request from Nicklows, 3516 North Lilac Drive, to hold an outdoor customer appreciation party in the parking lot between Burger King and Nicklows between the hours of 2-9 p.m. in mid-July. Moved by Councilmember Moravec and seconded by Councilmember Grimes to approve the request to hold an outdoor customer appreciation party at Nicklows, 3516 North Lila Drive, with extension of the on -sale liquor license to include the parking lot, and with direction to Nicklows to come back to the Council with a finalized date for the event and that glass containers may not be carried outside; containers must be paper or plastic. Motion Carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Attorney advised the City Council on legislative changes affecting liquor sales. It is the intent of the Council to conform to state law in matters of intoxicating liquor off -sale. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE AMENDMENT RELATING TO HOURS OF SALE OF INTOXICATING AND NON -INTOXICATING LIQUOR and further, that the second and final reading be held on June 20, 1989. Motion Carried. Moved by Councilmember Grimes and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. 11 June 5, 1989 page 449 Councilmember Grimes distributed a brochure put together by the Human Relations Commission and invited Council comments on the brochure. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adjourn the meeting. Motion Carried. Meeting adjourned at 8:12 p.m. ATTEST: City Clerk 1 June 20, 1989 page 450 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 20, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Miles Johnson, Finance Director; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Regular City Council meeting of June 5, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of June 5, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Set 7:00 p.m., or as soon thereafter as the matter may be heard, July 18, 1989, as the date and time for a public hearing at which time the City Council will consider HRA 5th Addition preliminary plat at 3432 Welcome Avenue North. 2. Consideration of waiver of fee for a temporary sign permit for signs installed on fence along Bass Lake Road for St. Raphael's Church Annual Parish Festival at 7301 - 56th Avenue North. 3. Consideration of a request for a permit to have a parade on Sunday, July 30, at 1 p.m. as requested by the Crystal Frolics Committee. The same route as last year, coming down West Broadway and turning on Bass Lake Road. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider a resolution regarding the adoption of an enabling resolution for the creation of an Economic June 20, 1989 page 451 Development Authority (EDA) for the City of Crystal pursuant to Minnesota Statutes, Chapter 469 (Act). The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Peter Meinstma, 6709 - 46th Avenue North (HRA); John Schaaf, 4908 Quail Avenue North (Former HRA); John T. Irving, 7020 - 45th Place (HRA & former City Mgr.); Beth Jarvis, 4513 Xenia Ave. N. (Env. Quality Comm.); Liz Reid, 5417 Vera Cruz (Park & Rec. Comm.); Art Thom, 4816 Regent; Sharon Garber, 3442 Florida (HRA); Mary Pat Hanauska, 5248 Hampshire (Env. Quality Comm.); Jan Scofield, 3656 Colorado Ave. N.; Jerome Farrell, 2908 Jersey Ave. N. (Env. Quality Comm.); The Mayor closed the Public Hearing. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to deny the resolution enabling creation of an Economic Development Authority in the City of Crystal. By roll call and voting aye: Moravec, Grimes, Langsdorf; voting no: Rygg, Carlson, Herbes, Smothers. Motion failed. Moved by Councilmember Smothers and seconded by Councilmember Ryggs to adopt the resolution enabling the creation of an Economic Development Authority with the enactment of an Advisory Commission for input to the EDA. The City Attorney advised that an Ordinance change would be required to establish the Advisory Commission and should be acted on after adoption of the resolution. Moved by Councilmember Grimes to include the Housing and Redevelopment Authority with the Economic Development Authority to cover housing functions. No second was made to the motion. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-35 RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF CRYSTAL, MINNESOTA By roll call and voting aye: Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Grimes, Langsdorf. Motion carried, resolution declared adopted. June 20, 1989 page 452 The Mayor called a recess at 8:24 p.m. and the meeting was reconvened at 8:36 p.m. Mayor Herbes directed staff to write an Ordinance to initiate an Advisory Commission to the Economic Development Authority consisting of 10 members, 2 of which are business owners in Crystal. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a proposed sidewalk cafe with on - sale liquor at Steve O's, 4900 West Broadway. Those appearing and heard were: Bill Movity, representing Steven Weisman; Jay Isenberg, Architect. The Council's concerns were safety and liability. Staff was directed to contact Hennepin County regarding right-of-way and proponent was directed to make proper application to the Planning Commission if intending to pursue. 2. The City Council considered a license for a 3.2 beer stand and one to three day temporary on -sale liquor license (with waiver of fee for liquor license) at 7301 Bass Lake Road (St. Raphael's Church) on August 4, 5, and 6, 1989 for their festival. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve a 3.2 beer stand and one to three day temporary on -sale liquor license (with waiver of fee for liquor license) at 7301 Bass Lake Road (St. Raphael's Church) on August 4, 5, and 6, 1989 for their festival. Motion Carried. 3. The City Council considered waiver of plat to approve lot split at 3500 Georgia Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve as recommended by the Planning Commission waiver of plat to approve lot split at 3500 Georgia Avenue North. Motion Carried. 4. The City Council discussed the proposed sale of equipment certificates. Moved by Councilmember Smothers and seconded by Councilmember Carlson to authorize staff to sell equipment certificates. Motion Carried. 5. The City Council considered the union contract for the Communications Clerks for the year 1989. June 20, 1989 page 453 Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the union contract for the Communications Clerks for the year 1989, to include a 4% salary increase, an additional $10 in the City's contribution to health insurance, an additional $5 toward dental insurance, and an increase in maximum vacation accrual from 192 hours to 240 hours. Motion Carried. 6. The City Council considered final approval of the plat Froehlich Addition located at 4524 and 4528 Hampshire Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-36 RESOLUTION APPROVING PLAT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council considered conditional use and building permit applications for Crystal Community Center at 4800 Douglas Drive. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve as recommended by and based on the findings of fact of the Planning Commission conditional use permit #89-19 to allow construction of the Community Center in an R-1 (Single Family Residential) District and issuance of building permit for Crystal Community Center located at 4800 Douglas Drive, subject to standard procedure, and with waiver of the fee. Motion Carried. 8. The City Council considered 1989 improvement project for slope stabilization on Bassett Creek south of Brunswick Avenue. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-38 RESOLUTION AUTHORIZING IMPROVEMENT PROJECT NO. 89-8 SLOPE STABILIZATION AT 3224 BRUNSWICK AVENUE NORTH By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. June 20, 1989 page 454 9. The City Council considered acceptance of site improvements and surety release in the amount of $6,300 for First Minnesota Bank, 5440 West Broadway. Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept the work required as condition of building permit approval for First Minnesota Bank, 5440 West Broadway, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $6,300 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. 10. The City Council considered acceptance of Becker Park tennis court reconstruction and payment for surface treatment pursuant to agreement with BRW. Moved by Councilmember Smothers and seconded by Councilmember Grimes to accept the Becker Park tennis court reconstruction and approve payment in the amount of $4,500 for a color surface treatment pursuant to approved agreement with BRW dated March 21, 1989. Motion Carried. 11. The City Council considered a request from Hennepin County to operate a household hazardous waste collection site at the City Garage, 6125 - 41st Avenue North, on September 8, 1989 from 1-7 p.m. and on September 9, 1989 from 9 a.m to 3 p.m. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to direct staff to notify Hennepin County that they may use the City Garage to operate a household hazardous waste collection on September 9, 1989 from 9 a.m. to 3 p.m. if they provide manpower and police patrol, and further, they solicit and obtain another northern site to conduct the collection. Motion Carried. 12. The City Council considered a bid for curb and gutter construction on Brunswick Avenue between 46th and 47th Avenues. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-39 RESOLUTION AWARDING A CONTRACT TO CONCRETE CURB COMPANY FOR IMPROVEMENT PROJECT NO. 89-5 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 1 June 20, 1989 page 455 13. The City Council considered bids for miscellaneous curb, gutter and sidewalk reconstruction. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-37 RESOLUTION AWARDING A CONTRACT TO STANDARD SIDEWALK, INC. FOR IMPROVEMENT PROJECT NO. 89-7 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 14. The City Council considered approval of Planning Commission Bylaws. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve Planning Commission Bylaws. Motion Carried. 15. The City Council considered a recommendation of a City Councilmember for appointment to the Regional Transit Board. Moved by Councilmember Smothers and seconded by Councilmember Grimes to recommend the appointment of Councilmember Carlson as a representative to the Regional Transit Board. Motion Carried. 16. The City Council discussed membership of the Tri -City Airports Commission. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to direct staff to pursue the reactivation of the Tri - City Airports Commission. Motion Carried. 17. The City Council discussed the League of Minnesota Cities 1990 Conference Planning Committee. The City Manager encouraged Councilmembers to get involved. 18. The City Council considered a Second Reading of an Ordinance amendment relating to hours of sale of intoxicating and non - intoxicating liquor. Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following ordinance: June 20, 1989 page 456 ORDINANCE NO. 89-14 AN ORDINANCE RELATING TO LIQUOR AND BEER: HOURS OF SALE: AMENDING CRYSTAL CITY CODE SECTIONS 12001 1205 AND 1215 BY ADDING SUBSECTIONS: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1200.37, 1205.01, SUBDIVISION 4 AND 1215.27 and further, that this be the second and final reading. Motion Carried. 19. The City Council discussed Sunday on -sale liquor licenses. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council considered renewal of a lease agreement between the Knights of Columbus and the City of Crystal for the Crystal Senior Center and Congregate Dining Program. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve renewal of a lease agreement with the Knights of Columbus for the Senior Center and the Congregate Dining Program, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. 2. The City Council considered a license to operate a 3.2 beer stand at Becker Park on July 4, 1989 and waiver of the fee as requested by the Crystal Lions Club. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve a license to operate a 3.2 beer stand at Becker Park on July 4, 1989 with a waiver of the fee. Motion Carried. 3. The City Manager advised the Council that a decision must be made by tomorrow (June 21, 1989) on the purchase of a second fire truck. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve purchase of a second fire truck with use of equipment certificates as proposed to the City Council at the May 16, 1989 City Council meeting. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. June 20, 1989 page 457 Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 10:24 p.m. ATTEST: t. City Clerk 1 mayor July 5, 1989 page 458 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on July 5, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Those members absent were: Moravec. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Darlene George, City Clerk; Ed Brandeen, Park and Recreation Director; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged a donation of $440 for purchase of a bench for Becker Park from Viking Fence and Construction Company. The City Council considered the minutes of the Regular City Council meeting of June 20, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of June 20, 1989. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a resolution awarding a bid for the Crystal Community Center at 4800 Douglas Drive and a resolution regarding an increase in the appropriation of funds to be taken from the Permanent Improvement Revolving Fund. Those appearing and heard were: Kurt Dale of Anderson Dale Architects. A. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-40 A RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART C By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; absent, not voting: Moravec. Motion carried, resolution declared adopted. July 5, 1989 page 459 B. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-41 A RESOLUTION AWARDING A BID By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; absent, not voting: Moravec. Motion carried, resolution declared adopted. 2. The City Council considered the 1989 Sealcoat Program. Moved by Councilmember Carlson and seconded by Councilmember Smothers to table until the 1988 Sealcoat Project has been repaired by Allied Blacktop Company. Motion Carried. 3. The City Council considered a project to expand the Utility Garage at 6209 - 41st Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve authorization for a budget adjustment and authorization for solicitation of bids as recommended by the City Engineer. Motion Carried. 4. The City Council considered the First Reading of an Ordinance relating to Sunday sale of intoxicating liquor. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO INTOXICATING LIQUOR: SUNDAY SALES: AMENDING CRYSTAL CITY CODE, SECTION 1200, BY ADDING A SUBSECTION and further that the second and final reading be held on July 18, 1989. Motion Carried. 5. The City Council considered a solicitor's permit for Minnesota Public Interest Research Group (MPIRG) from July 6, 1989 thru July 31, 1989. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve a solicitor's permit for Minnesota Public Interest Research Group (MPIRG) from July 6, 1989 thru July 31, 1989. Motion Carried. July 5, 1989 page 460 6. The City Council considered a request from Aviation Post 511, American Legion, to operate a 3.2 beer stand at Aero Sales (Crystal Airport) on July 29, 1989. Moved by Councilmember Smothers and seconded by Councilmember Grimes to continue to the July 18, 1989 Council meeting, directing the applicant to obtain an insurance certificate naming the City of Crystal an additional insured. Motion Carried. It is the intent of the City Council to waive the license fee at the time of approval. 7. The City Council considered the ceiling on vacation hours accrued for non-union employees. Moved by Councilmember Grimes and seconded by Councilmember Rygg to approve vacation accumulation, including the current vacation earned, from year to year may not exceed a total accumulation equal to (1 1/2) times the number of hours the employee is currently earning in one year. In no case may the total number of vacation hours accrued exceed 240 hours. Motion Carried. 8. The City Council considered the City Application for funds to construct single family homes. A. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-42 RESOLUTION AUTHORIZING APPLICATION FOR FUNDS IN THE MINNESOTA COMMUNITIES PROGRAM By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; absent, not voting, Moravec. Motion carried, resolution declared adopted. B. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the request for proposals for construction of single family homes on two Scattered Site Acquisition lots, namely, 4500 Adair Avenue North and 5625 Adair Avenue North in the City of Crystal. 9. The City Council considered a resolution regarding the Joint Powers Agreement for the Northern Mayor's Association, changing the name from Northern Mayor's Association to North Metro Mayor's Association (NMMA). Moved by Councilmember Carlson and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: July 5, 1989 page 461 RESOLUTION NO. 89-43 A RESOLUTION AUTHORIZING CHANGES IN THE JOINT POWERS AGREEMENT WITH THE NORTHERN MAYOR'S ASSOCIATION By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; absent, not voting, Moravec. Motion carried, resolution declared adopted. 10. On June 5, 1989 the City Council approved a gambling license for the Crystal Lions at the Tally Ho Restaurant, 5216 West Broadway. The State Gambling Board denied the application because the business address of the organization is less than one mile from the establishment conducting the gambling. The applicant for the Crystal Lions Club requested that the Robbinsdale Lions Club be granted this license. A telephone poll of the Crystal City Council was taken by the City Clerk on June 28, 1989 upon approval by the City Manager. The vote was: Aye: Rygg, Smothers, Herbes, Grimes, Langsdorf; Unable to be reached for the vote: Carlson, Moravec. License approved by majority vote. Moved by Councilmember Smothers and seconded by Councilmember Grimes to ratify the action that was taken by the telephone poll of June 28, 1989. Motion Carried. 11. The City Council considered setting an organizational meeting of the Economic Development Authority. The Mayor called an organizational meeting of the Economic Development Authority of the City of Crystal for 8:00 p.m. on July 18, 1989 in the Council Chambers of the Crystal Municipal Building, 4141 Douglas Drive. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council considered an Annual Pig Roast at Steve O's, 4900 West Broadway on August 19, 1989 with extension of the liquor license to include the parking lot. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve an Annual Pig Roast at Steve O's, 4900 West Broadway on August 19, 1989 with extension of the liquor license to include the parking lot. Motion Carried. Moved by Councilmember Grimes and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, adding Straight Arrow Wood tree license and Lakeside Plumbing and Heating plumber's license and removing All American Tree July 5, 1989 page 462 license and 3.2 beer license for Aviation Post #511, American Legion, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 8:16 p.m. 12. The City Council considered the City Logo for the wall of the Council Chambers upon adjournment of the City Council meeting. It was the consensus of the Council to have a four foot high logo made of stained wood on the wall of the Council Chambers behind the Council table. ayor ATTEST: Z.-," 'j,", City Clerk 1 July 18, 1989 page 463 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on July 18, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Joan Schmidt, Deputy Clerk; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged donations from the Crystal Lions to the Police Department in the amount of $1,000 for Crime Prevention Fund and $3,000 to the D.A.R.E. Program. The City Council considered the minutes of the Regular City Council meeting of July 5, 1989. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the Regular City Council meeting of July 5, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Set 7:00 p.m., or as soon thereafter as the matter may be heard, August 1, 1989, as the date and time for a public hearing at which time the City Council will consider preliminary and final plat of Crystal Northwest Properties Second Addition at 5200 Douglas Drive. 2. Set 7:00 p.m., or as soon thereafter as the matter may be heard, August 15, 1989, as the date and time for a public hearing at which time the City Council will consider an ordinance on Northern States Power Franchise Agreement. 3. Set 7:00 p.m., or as soon thereafter as the matter may be heard, August 1, 1989, as the date and time for a public hearing at which time the City Council will consider a variance of 14' in the required 40' rear yard setback for a 14' x 261 deck and three -season porch on the existing house, at 6727 Valley Place North as requested by Greg and Roxanne Gray. 4. Consideration of an itinerant food license for Rick Plante at Crystal Shopping Center from July 10, 1989 thru July 15, 1989. (license applied for on July 6, 1989) July 18, 1989 page 464 5. Consideration of a transient merchant license from Jones R. Losen to sell sweet corn in Jack's Superette parking lot, 7200 Bass Lake Road from July 22 thru September 3, 1989. 6. Consideration of a solicitor's permit for Clean Water Action Project from July 19 thru July 30, 1989. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider HRA 5th Addition preliminary plat at 3432 Welcome Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Smothers to grant as recommended by the Planning Commission tentative approval of proposed plat HRA 5th Addition at 3432 Welcome Avenue North. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a private kennel license at 6800 - 60th Avenue North for Robert Kocur. Those present and heard were: Sharon Blackhawk, 6801 Lombardy Lane; Donnette Little, 6718 - 60th Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to deny a private kennel license at 6800 - 60th Avenue North for Robert Kocur. Motion Carried. 2. The City Council considered a 3.2 beer stand license for Crystal Fire Relief Association to operate one beer stand at Becker Park on July 28, 29, 30, 1989, with waiver of fee. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve a 3.2 beer stand license for Crystal Fire Relief Association to operate one beer stand at Becker Park on July 28, 29, 30, 1989, with waiver of fee. Motion Carried. 3. The City Council considered issuance of a building permit for a 15' x 25' addition to the existing Crystal Lift Station July 18, 1989 page 465 building located at 4943 - 53rd Avenue North as requested by the Metro Waste Control Commission. Councilmember Langsdorf wished to abstain from this issue since she works for the Metro Waste Control Commission. Moved by Councilmember Rygg and seconded by Councilmember Grimes to approve as recommended by the Planning Commission issuance of a building permit for a 15' x 25' addition to the existing Crystal Lift Station building located at 4943 - 53rd Avenue North as requested by the Metro Waste Control Commission, subject to standard procedure. Motion Carried. 4. The City Council considered issuance of a building permit to John Lambin Construction Company for remodeling the kitchen area of Keng's Restaurant located at 6121 - 42rd Avenue North, subject to standard procedure, with a request to waive site improvements. Present and heard was James Scott, building owner. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve as recommended by the Planning Commission issuance of a building permit to John Lambin Construction Company for remodeling the kitchen area of Keng's Restaurant located at 6121 - 42nd Avenue North, subject to standard procedure, with minimum site improvements being front entry way improvement and handicap accessibility if it is possible on this site. Motion Carried. 5. The City Council considered issuance of a building permit to Paul Weske of Aero Sales and Supply to build a 50' x 70' airplane hangar at Lot 9E, Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve as recommended by the Planning Commission issuance of a building permit to Paul Weske of Aero Sales and Supply to build a 50' x 70' airplane hangar at Lot 9E, Crystal Airport, subject to standard procedure. Motion Carried. 6. The City Council considered issuance of a building permit to Perkins Family Restaurants for a 1019" x 4114" solarium addition to the front of the building and remodeling at 5420 West Broadway. Present and heard was Ken Jones, Construction Manager. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve as recommended by the Planning Commission issuance of a building permit to Perkins Family Restaurants for a 1019" x 4114" solarium addition to the front of the July 18, 1989 page 466 building and remodeling at 5420 West Broadway, subject to standard procedure. Motion Carried. 7. The City Council considered a resolution awarding a bid for the 1989 Sealcoat Program. Moved by Councilmember Smothers and seconded by Councilmember Carlson to remove item #7 from the table. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-44 RESOLUTION AWARDING CONTRACT FOR SEALCOAT IMPROVEMENT PROJECT NO. 89-2 By roll call and voting aye: Moravec, Grimes, Rygg, Smothers, Langsdorf; voting no: Carlson, Herbes. Motion carried, resolution declared adopted. The Mayor declared that it was the consensus of the Council that the previous motion had been taken from the table. 8. The City Council considered final approval of proposed plat Crystal Community Center Addition located at 4800 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-45 RESOLUTION APPROVING PLAT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 9. The City Council considered the First Reading of an Ordinance amending Crystal City Code Section 800.19, Subd. 2 to delete a concrete driveway approach requirement for single family residential property and Section 515.09, Subd. 4 h) 11) to require hard surfacing for all driveways for single and two family residential properties. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following ordinance: July 18, 1989 page 467 ORDINANCE NO. 89 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 800.19 AND ZONING CODE SECTION 515.09 and further, that the second and final reading be held on August 1, 1989. Motion Carried. 10. The City Council considered the Second Reading of an Ordinance relating to Sunday sale of intoxicating liquor. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 89-15 AN ORDINANCE RELATING TO INTOXICATING LIQUOR: SUNDAY SALES: AMENDING CRYSTAL CITY CODE, SECTION 1200, BY ADDING A SUBSECTION and further that this be the second and final reading. Motion Carried. 11. The City Council discussed support for the creation of a National Clean -Up Month for April, 1990. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to support the establishment of a National Clean -Up Month for April, 1990. After discussion Councilmember Langsdorf withdrew her second. Councilmember Smothers withdrew his motion. Moved by Councilmember Carlson and seconded by Councilmember Smothers to refer this issue to the Environmental Quality Commission. Motion Carried. 12. The City Council considered the Park and Recreation Department sponsoring a July 4 Becker Park event that would include a fireworks display sponsored by the Crystal Lions Club for 1990 at Becker Park. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve the Park and Recreation Department sponsoring a July 4 Becker Park event that would include a fireworks display sponsored by the Crystal Lions Club for 1990 at Becker Park. Motion Carried. July 18, 1989 page 468 13. The City Council considered a request to increase the amount by $500 for services rendered by the Northwest YMCA Detached Worker Program for 1990. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve a request to increase the amount by $500 for services rendered by the Northwest YMCA Detached Worker Program for 1990. Motion Carried. 14. The City Council considered a 3.2 beer stand license with waiver of fee at Aero Sales, Crystal Airport, for Aviation Post #511, The American Legion, on July 29 (or July 30 - rain day). Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve with the stipulation that they provide proof of dram shop insurance, a 3.2 beer stand license with waiver of fee at Aero Sales, Crystal Airport, for Aviation Post #511, The American Legion, on July 29 (or July 30 - rain day) . Motion Carried. The Mayor at this point appointed the members of the City Council as Commissioners of the Economic Development Authority pursuant to Resolution No. 89-35. 15. The City Council considered a resolution appointing City Councilmembers as Commissioners of the EDA. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-46 RESOLUTION APPROVING APPOINTMENT OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The Mayor called a recess at 8:10 p.m. to hold the organizational meeting of the Economic Development Authority of the City of Crystal, Minnesota (EDA) and the Council meeting was reconvened at 8:38 p.m. 16. The City Council considered the First Reading of an Ordinance establishing an Economic Development Advisory Commission. July 18, 1989 page 469 Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT ADVISORY COMMISSION: AMENDING CRYSTAL CITY CODE, SECTION 305, BY ADDING A SUBSECTION and further, that the second and final reading be held on August 1, 1989. Motion Carried. 17. The City Council considered a resolution relating to the Economic Development Authority of the City of Crystal, Minnesota: Transferring certain projects and programs to that agency and transferring personnel. Moved by Councilmember Grimes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-47 RESOLUTION RELATING TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA: TRANSFERRING CERTAIN PROJECTS AND PROGRAMS TO THAT AGENCY: TRANSFERRING PERSONNEL By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec. Motion carried, resolution declared adopted. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council considered issuance of a building permit for an 8' x 10' structure at Rapid Oil Change, 5602 Lakeland Avenue North, to house equipment required to perform clean up operations of ground water contamination. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve issuance of a building permit for an 8' x 10' structure at Rapid Oil Change, 5602 Lakeland Avenue North, to house equipment required to perform clean up operations of ground water contamination. Motion Carried. 2. The City Council considered a request from the City Manager of the possibility of the City purchasing the property at 2951 Vera Cruz for Bassett Creek Park. July 18, 1989 page 470 Moved by Councilmember Carlson and seconded by Councilmember Smothers to direct staff to get prices to purchase this property. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 9:16 p.m. Mayor ATTEST: Df&uty Clerk f August 1, 1989 page 471 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 1, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor presented checks to winning groups of the Becker Park/Bass Lake Road Planting Contest; Adult Group - Gardenaires ($50); Youth Group - tie between Camp Fire and Girl Scout Troop #202 (each get $25). The donation for the checks was from the Crystal Lions Club. Councilmembers Moravec and Langsdorf and City Attorney Kennedy arrived at 7:03 p.m. The Mayor acknowledged donations of $2,000 from the Crystal Lions Club for an electrical connection at Becker Park and $2,000 from Thorp Distributing Company for softball prize money for the Crystal Frolics. The City Council considered the minutes of the Regular City Council meeting of July 18, 1989. Councilmember Carlson voiced his opposition to the decision Council made on Item #7 of the July 18, 1989 minutes regarding awarding contract for Sealcoat Improvement Project No. 89-2. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the Regular City Council meeting of July 18, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of removing Bruce Kleeberger from the Human Relations Commission due to non attendance of meetings; in excess of three unexcused absences. 2. Consideration of removing Barbara McMahon from the Human Relations Commission due to non attendance of meetings; in excess of three unexcused absences. 3. Consideration of removal of Philip Domek from the Environmental Quality Commission. August 1, 1989 page 472 4. Consideration of an itinerant food establishment license for Elk's Lodge #44 at 5400 Lakeland Avenue North on July 30, 1989. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a variance of 14' in the required 40' rear yard setback for a 12' x 14' deck and a 14' x 14' three -season porch on the existing house, at 6727 Valley Place North as requested by Greg and Roxanne Gray. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Greg Gray, applicant. The Mayor closed the Public Hearing. Moved by Councilmember Smothers to deny as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify this strict application of Section 515.13, Subd. 4 a) to vary 14' in the required 40' rear yard setback to build a 12' x 14' deck and a 14' x 14' three -season porch on the existing house, at 6727 Valley Place North as requested in application #89-21. Motion Failed for Lack of a Second. Moved by Councilmember Carlson to continue and refer back to Planning Commission for petition from neighbors. City Manager informed the Council that State Law specifies three reasons to deny a variance and opinion of the neighbors is not one of those reasons. Moved by Councilmember Moravec and seconded by Councilmember Smothers to deny as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify this strict application of Section 515.13, Subd. 4 a) to vary 14' in the required 40' rear yard setback to build a 12' x 14' deck and a 14' x 14' three -season porch on the existing house, at 6727 Valley Place North as requested in application #89-21. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider preliminary and final plat for the Crystal August 1, 1989 page 473 Northwest Properties Second Addition at 5200 Douglas Drive. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Dr. John Beithon. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-48 RESOLUTION APPROVING A PLAT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a resolution commending Kim Kantorowicz for her achievement of being named Miss Minnesota National Teenager. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following resolution: RESOLUTION NO. 89-49 RESOLUTION COMMENDING MISS MINNESOTA NATIONAL TEENAGER KIM KANTOROWICZ By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 2. The City Council considered a resolution for approval of bids for construction of two single-family homes as part of the Minnesota Communities Program at 4500 Adair Avenue North and 5625 Adair Avenue North. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-50 RESOLUTION AWARDING A BID TO A.W.B. BUILDERS By roll call and voting aye: Moravec, Grimes, Carlson, Smothers, Langsdorf; voting no: Rygg, Herbes. Motion carried, resolution declared adopted. August 1, 1989 page 474 3. The City Council considered the Second Reading of an Ordinance relating to an amendment to delete a concrete driveway approach requirement for single family residential property and an amendment to require hard surfacing for all driveways for single and two family residential properties. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-16 AN ORDINANCE RELATING TO DRIVEWAYS; PARKING, SURFACING: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 800.19 AND 515.09, SUBD. 4 H) ii) and further that this be the second and final reading. Motion Carried. 4. The City Council discussed the charitable gambling ordinance. Those appearing and heard were: Tom Tophen, Knights of Columbus; Ed Thonander, Elks and Lions; Jane Elsen, Knights of Columbus. Moved by Councilmember Rygg and seconded by Councilmember Moravec to continue to the next meeting for further review by staff. Motion Carried. 5. The City Council considered the First Reading of an Ordinance Amendment related to Planning Regulations. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO LAND USE REGULATION: AMENDING CRYSTAL CITY CODE BY ADDING SECTIONS: REPEALING CRYSTAL CITY CODE SECTIONS 500 AND 505 and further, that the second and final reading be held on August 15, 1989. Motion Carried. 6. The City Council considered a resolution authorizing the Mayor and City Manager to sign Subrecipient Agreement for the Urban Hennepin County Community Development Block Grant Program. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: August 1, 1989 page 475 RESOLUTION NO. 89-51 RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council considered the Second Reading of an Ordinance establishing an Economic Development Advisory Commission. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-17 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT ADVISORY COMMISSION: AMENDING CRYSTAL CITY CODE, SECTION 305, BY ADDING A SUBSECTION and further that this be the second and final reading. Motion Carried. 8. The City Council considered a resolution adopting proposed budget for 1990 and levying taxes for certification to the County Auditor. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-52 RESOLUTION ADOPTING PROPOSED BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. Consensus of the Council directed staff to prepare a Resolution for the next Council meeting in opposition to legislation regarding tax levies. 9. The City Council considered the union contract agreement for Police Local #56 (Supervisors) for the year 1989. Changes include the following: -Cap on vacation extended to 240 hours. -Comp time maximum accrual changed from 24 hours to 40 hours. -a 3.7% salary increase plus a 3/10 of a percent lump sum amount at year end. August 1, 1989 page 476 -Uniforms provided by the City if required for investigators. -Minor language changes. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the union contract agreement for Police Local #56 (Supervisors) for the year 1989. Motion Carried. 10. The City Council discussed holding a joint three -City Hennepin Recycling Group Council meeting to discuss organized refuse collection. The tentative date of August 21, 1989 was set. The City Manager will check with other cities and get back to Council. The Mayor called a recess at 8:30 p.m. and the Council meeting was reconvened at 8:43 p.m. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council discussed bids/requests for proposals regarding attorney for Civil work of the City. Moved by Councilmember Smothers and seconded by Councilmember Moravec to direct staff to prepare a Request For Proposal. Motion Carried. 2. The City Council discussed the goal setting/team building follow-up session of August 24 at 4:30 p.m. Moved by Councilmember Rygg and seconded by Councilmember Smothers to suspend further action on a goal-setting/team building session. By roll call and voting aye: Rygg, Herbes, Smothers; voting no: Moravec, Grimes, Carlson, Langsdorf. Motion Failed. The City Manager will check with the facilitator of the session on dates of September 15 or September 18 at 6:00 p.m. for the follow-up session. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the list of license applications as submitted by the City Clerk to the City Council with the addition of All American Tree, 4643 Emerson Avenue North, Minneapolis, Minnesota, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adjourn the meeting. Motion Carried. August 1, 1989 page 477 Meeting adjourned at 9:26 p.m. ATTEST: City Clerk 1 Mayor August 15, 1989 page 478 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 15, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Crystal Frolics Royalty appeared before the Council to thank them for their participation in the Crystal Frolics. The Mayor presented flowers to Ginny Thom in appreciation for her efforts in the Crystal Frolics. The Mayor presented plaques to the City Council, Police Reserves, and the Fire Department from the Frolics Committee in appreciation for their participation in the Crystal Frolics events held on July 28, 29, and 30, 1989. Councilmember Moravec arrived at 7:03 p.m. The Mayor acknowledged Police Officers Robin K. Erkenbrack, Lisa A. Vague, Ann M. Myers, and Stephen P. Holm for their efforts in the Drug Abuse Resistance Education (D.A.R.E.) Program. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following resolution: RESOLUTION NO. 89-53 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the minutes of the Regular City Council meeting of August 1, 1989. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of August 1, 1989. Motion Carried. August 15, 1989 page 479 The City Council considered the following Consent Agenda: 1. Set public hearing for September 5, 1989, to consider density variance for elderly housing complex at 6203-6213 - 36th Avenue North. 2. Set public hearing for September 5, 1989, to consider granting a vacation of the west 5' side utility and drainage easement and a variance of 2' of the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North as requested by Charles Bagne. 3. Set public hearing for September 5, 1989, to consider a variance of 3' in the required 40' rear yard setback to build an 1116" x 20' addition and 1200 square feet variance to the required 7500 square feet total area at 4748 Zane Avenue North as requested by Steven Hyser. 4. Consideration of a one -day temporary on -sale liquor license for Knights of Columbus, 4947 West Broadway, on September 13, 1989, for the Knights' Nite Dinner, and request for waiver of fee. 5. Consideration of an itinerant food license for Nicklows, 3516 Lilac Drive, on August 13 and 14, 1989. (received late) Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider Northern States Power Company Franchise Agreement. Staff advised that Northern States Power Company requested discussion of the franchise be continued to the September 19th City Council meeting. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to continue to September 19, 1989, the discussion of the Northern States Power Company Franchise Agreement. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered an application for appointment to the Environmental Quality Commission from Larry Lemanski, 5817 Quail Avenue North. August 15, 1989 page 480 Moved by Councilmember Smothers and seconded by Councilmember Grimes to appoint Larry Lemanski, 5817 Quail Avenue North, to the Environmental Quality Commission for a term expiring December 31, 1989. Motion Carried. 2. The City Council considered the applications for appointment to the Human Relations Commission from Norman Eid, 8416 - 31st Avenue North, and Kathryn Huston, 6618 Fairview Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to appoint Norman Eid, 8416 - 31st Avenue North, to the Human Relations Commission for a term expiring December 31, 1989 and Kathryn Huston, 6618 Fairview Avenue North, for a term ending December 31, 1991. Motion Carried. 3. The City Council considered the installation of a double flume waterslide at the Crystal Municipal Pool. Those present and heard were: Mark Hoffman, Liz Reid, Red Sochacki and Bill Gentry, all of the Park & Recreation Advisory Commission. Moved by Councilmember Carlson and seconded by Councilmember Rygg to refer the item to staff for further study to include general liability, loan structure, single or double slide, timing of the project, etc., moving ahead as rapidly as possible. Motion Carried. 4. The City Council considered a variance of 16.5' to the required 18' setback for a 9.5' x 14' free standing sign at 3516 Lilac Drive for Nicklow's Restaurant. Jack Lawrence of Signcrafters Outdoor Display appeared and was heard. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve a variance of 16.5' to the required 18' setback for a 9.5' x 14' free standing sign at 3516 Lilac Drive for Nicklow's Restaurant. Motion Carried. 5. The City Council considered authorization to issue a building permit to John Lambin Construction Company for remodeling into a Chinese restaurant, the building located at 5303 - 36th Avenue North. Tony Nicklow, shopping center owner, appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve issuance of a building permit for remodeling the building located at 5303 - 36th Avenue North into a Chinese restaurant subject to standard procedure, with site improvements to include only those relating to safety at this time, due to the fact the property may be affected by a highway or redevelopment project in the near future. Motion Carried. August 15, 1989 page 481 6. The City Council considered authorization to issue a building permit to U.S. West Communications for a 71' x 158' addition on the existing building located at 4700 Welcome Avenue North. Howard Galtz, representing U.S. West Communications, appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve authorization of issuance of a building permit to U.S. West Communications for a 71' x 158' addition on the existing building located at 4700 Welcome Avenue North subject to standard procedure. Motion Carried. 7. The City Council considered bids for utility maintenance garage expansion. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-54 RESOLUTION AWARDING A BID TO COTTONWOOD CONSTRUCTION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 8. The City Council considered the Second Reading of an Ordinance Revision of Section 5 of the Crystal City Code related to Planning Regulations. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89-18 AN ORDINANCE RELATING TO LAND USE REGULATION: AMENDING CRYSTAL CITY CODE BY ADDING SECTIONS: REPEALING CRYSTAL CITY CODE SECTIONS 500 AND 505 and further, that this be the second and final reading. Motion Carried. The Mayor called a recess at 8:28 p.m. and the Council meeting was reconvened at 8:43 p.m. 9. The City Council considered sending out request for proposals for legal services for all City of Crystal operations with the exception of criminal cases. 10. 11. 12. 13. August 15, 1989 page 482 Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve sending out request for proposals for legal services for all City of Crystal operations with the exception of criminal cases, attorneys submitting proposals to be reviewed by a task force consisting of three Councilmembers and two staff members. Motion Carried. The Mayor appointed Councilmembers Grimes, Langsdorf and Herbes, with staff members to be appointed by the City Manager. The City Council considered a resolution in opposition to tax levies. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution: RESOLUTION NO. 89-55 RESOLUTION RELATING TO STATE LEGISLATURE REGARDING BUDGETS AND TAX LEVIES By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the Police Managers' Contract for 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the Police Managers' Contract for 1989 as recommended by the City Manager and further that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. The City Council considered Community Survey Proposals. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to table until the 1990 Budget is set. Motion Carried. The City Council considered a Resolution Supporting Strong National Drug Policy. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to adopt the following resolution: RESOLUTION NO. 89-56 RESOLUTION SUPPORTING STRONG NATIONAL DRUG POLICY 1 n L August 15, 1989 page 483 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 14. The City Council considered sharing the cost with the City of Brooklyn Center for the spraying of purple loosestrife (lythrum salicaria) in and around the upper and lower Twin Lakes area. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve sharing the cost with the City of Brooklyn Center for the spraying of purple loosestrife (lythrum salicaria) in and around the upper and lower Twin Lakes area. Motion Carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council set Special Work Sessions for discussion of the 1990 City of Crystal Budget for September 7 and September 18, both work sessions to be held at City Hall beginning at 6:30 p.m. 2. The City Council considered conducting monthly or bi-monthly work sessions. Moved by Councilmember Rygg and seconded by Councilmember Smothers to conduct monthly or bi-monthly work sessions of the City Council. By roll call and voting aye: Grimes, Rygg, Herbes, Smothers, Langsdorf; voting no: Moravec, Carlson. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Grimes and seconded by Councilmember Carlson to adjourn the meeting. Motion Carried. Meeting adjourned at 9:30 p.m. Mayor August 15, 1989 page 484 ATTEST: City Clerk LI 1 September 5, 1989 page 485 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 5, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director; Julie Jones, Redevelopment Coordinator; Miles Johnson, Finance Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged a $250 donation from Nicklow's for the Community Center. The City Council considered the minutes of the Regular City Council meeting of August 15, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of August 15, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Set public hearing for October 10, 1989, with alternate date being October 17, 1989 regarding the proposed 1990 Operating Budget. 2. Set public hearing for October 3, 1989 to consider the 1989 assessments for Sealcoat Program, Project 89-2; Curb and gutter installation on Brunswick Avenue between 46th and 47th Avenues, Project 89-5; Concrete Alley Construction west of Welcome Avenue between 38th and 39th Avenues, Project 89-6; 1989 Sidewalk Replacement Program, Project 89-7; Delinquent Sewer, Water and Street Lighting; and Diseased Tree Removal and Weed Cutting. Moved by Councilmember Carlson and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing to consider rezoning from R-1 District (Single Family Residential) to R-0 District 2. rW September 5, 1989 page 486 (Residential -Office) and a conditional use permit to allow elderly housing in an R-0 District at 6203-13 - 36th Avenue North. Also to sit as a Board of Adjustments and Appeals to consider a variance for construction of a 62 -unit senior citizen housing complex which will increase the density of the required 1500 square feet per unit. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Gerald Duffy, Attorney for Developer; John Egan, 3555 Brunswick (read petition in opposition signed by 213 residents); John Paulson, Developer; Conrad Pyne, 3712 Adair; Mike Kivel, 3510 Douglas Drive; Greg Lundeen, 6125 - 36th Avenue N.; Gary Wieber, 3711 Adair; Robert Dusosky, 3448 Adair; Audrey Irons, 6310 Markwood Drive; Larry Wicklund, 3708 Adair; Tom Boettcher, 3451 Brunswick; Betty Hnatko, 3833 Brunswick; Alvin Schempp, 6326 - 36th Avenue N.; Ray Norveson, 3517 Brunswick. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to deny rezoning and direct staff to prepare findings of fact based on discussion at this meeting. By roll call and voting aye: Moravec, Grimes, Carlson, Herbes, Langsdorf; voting no: Smothers; abstaining: Rygg. Motion Carried. Gerald Duffy asked for findings of fact at this time. The City Attorney advised that findings could be given but they should be put in resolution form and acted on by the City Council at its next meeting. No response was received. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider First Reading of an Ordinance vacating the west 5' side utility and drainage easement and a variance of 2' of the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North as requested by Charles Bagne. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Charles Bagne. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE VACATING THE WEST 51SIDE UTILITY AND DRAINAGE EASEMENT AT 5408 ANGELINE AVENUE NORTH September 5, 1989 page 487 and further that the second and final reading be held on September 19, 1989. Motion Carried. B. Moved by Councilmember Moravec and seconded by Councilmember Smothers to deny as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5 c) 5) to vary 2' in the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North. Motion Carried Unanimously. Councilmember Carlson was out of the room at the time of the vote. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Steven Hyser for a variance of 3' in the required 40' rear yard setback to build an 1116" x 20' addition and 1200 square feet variance to the required 7500 square feet total area at 4748 Zane Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Steve Hyser. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Carlson to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a) and Section 515.15, Subdivision 2 c) 3) i) granting a variance of 3' in the required 40' rear yard setback and Section 515.15, Subdivision 2 c) 3) i) granting a variance of 1,200 sq. ft. in the required 7,500 sq. ft. lot area to allow an 1116" x 20' kitchen addition on the existing house at 4748 Zane Avenue North. Motion Carried. The Mayor announced that the EDA meeting was scheduled for 9 p.m. but because of further business of the City Council, the EDA meeting would be held immediately following the Council meeting. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the installation of a double flume waterslide at the Crystal Municipal Pool. The Park & Recreation Director gave a report on information requested by the Council at its meeting of August 15, 1989. September 5, 1989 page 488 Those appearing and heard were: Jan Scofield, 3656 Colorado Avenue North; Mark Hoffman, Park & Recreation Advisory Commission. It was the consensus of the Council that staff should obtain further information on liability insurance, both at the time of erection of the slide and during operation of the slide; financial aspects; figures from competitors; and options of slides, and bring back to the Council when all information is compiled. 2. The City Council discussed a survey of surrounding communities regarding charitable gambling. Those appearing and heard were: Jane Elsen, 5419 Maryland Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Grimes to direct staff to prepare an ordinance amendment deleting the 3% tax levied by the City to cover cost of regulation of lawful gambling. Motion Carried. Ms. Elsen's recommendation to impose an investigation fee will be considered by staff. 3. The City Council considered grading permit and site improvement agreement for the parking lot reconstruction at 3245 Vera Cruz Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve a grading permit and site improvement agreement as a guarantee of site work completion, and further that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. 4. The City Council considered the award of bid for bituminous overlay on Fairview Avenue between Douglas Drive and Nevada Avenue North. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-57 RESOLUTION AWARDING A BID TO C.S. MC CROSSAN By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 5. The City Council considered the CDBG Third Party Agreement with Hennepin County and Crystal Economic Development Authority. September 5, 1989 page 489 Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-58 RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT THIRD PARTY AGREEMENT WITH THE CRYSTAL ECONOMIC DEVELOPMENT AUTHORITY By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 6. The City Council considered designating the tenth position on the Crystal Human Relations Commission for a student representative from the local high schools. It was the consensus of the Council that students be considered for the Commission. 7. The City Council considered allocating $50 to the Multicultural Advocacy and Action Committee (MAAC) t -shirt project. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve allocating $50 to the Multicultural Advocacy and Action Committee (MAAC) t -shirt project. Motion Carried. 8. The City Council considered the designation of election judges and polling locations for the November 7, 1989 General Municipal Election, with consideration of Brunswick United Methodist Church as the new polling location for Ward 2, Precinct 3. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to designate election judges and polling locations for the November 7, 1989 General Municipal Election as recommended by the City Clerk, and further that Brunswick United Methodist Church be designated as the new polling location for Ward 2, Precinct 3. Motion Carried. 9. The City Council discussed changing the date of the November 7, 1989 regular City Council meeting which falls on election day. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve changing the date of the November 7, 1989 regular City Council meeting to 7 p.m. on November 8, 1989. Motion Carried. September 5, 1989 page 490 10. The City Council discussed Hennepin Recycling Group (HRG) organized collection issues. It was the consensus of the Council to pursue organized collection but take more time. INFORMAL DISCUSSION AND ANNOUNCEMENTS: 1. The City Council discussed follow-up Goal Setting/Team Building Session with Don Salverda. A tentative date of November 2 was set, approximate time to be from 5 to 10 p.m. 2. The City Council discussed a salary adjustment for 3 interim Fire Chiefs. Moved by Councilmember Smothers and seconded by Councilmember Moravec to increase the salary of interim Fire Chiefs Terry Anderson, Greg Antrim, and Steve Longaecker, $400 per month each effective June 29 through September 17, 1989. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 10:00 p.m. Mayor ATTEST: City Clerk September 7, 1989 page 491 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Meeting of the Crystal City Council was held on September 7, 1989, at 6:30 p.m., at 4141 Douglas Drive, Crystal, Minnesota. The following were present: Grimes, Rygg (arrived at 7:15 p.m.), Carlson (arrived at 7:03 p.m.), Herbes, Smothers, Langsdorf. Absent was: Moravec. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; Jessie Hart, Assistant Finance Director; Miles Johnson, Finance Director; Terry Anderson, Interim Fire Chief; Darlene George, City Clerk, Tom Heenan, Chief Sanitarian; James Mossey, Police Chief. The City Council discussed the proposed 1990 Budget. A budget overview was given by the Finance Director and the Finance, Fire, Health, Police, Mayor and Council, Administration, Civil Service, Legal, and Non -Departmental budgets were reviewed. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adjourn the meeting. Motion Carried. Meeting adjourned at 10:15 p.m. 1 ATTEST: City Clerk Mayor September 18, 1989 page 492 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Meeting of the Crystal City Council was held on September 18, 1989, at 6:30 p.m., at 4141 Douglas Drive, Crystal, Minnesota. The following were present: Grimes, Carlson (arrived at 7:30 p.m.), Herbes (arrived at 6:50 p.m.), Smothers, Langsdorf (arrived at 6:45 p.m.). Absent were: Moravec, Rygg. Also in attendance were the following staff members: Jerry Dulgar, City Manager; Jessie Hart, Assistant Finance Director; Miles Johnson, Finance Director; Ken Bjorn, Assessor; Darlene George, City Clerk; William Barber, Building Inspector; Nancy Gohman, Administrative Assistant; Julie Jones, Recycling/Redevelopment Coordinator; Ed Brandeen, Park & Recreation Director; William Monk, Public Works Director; Gene Hackett, Assistant Park & Recreation Director. The City Council discussed the proposed 1990 Budget for the following departments: Elections, Assessing, Building, Commissions, Recycling, Economic Development Authority, Computer, Parks, Recreation, Swimming Pool, Community Center, Tree Disease, Engineering, City Buildings, Streets, Water, and Sewer. The Mayor adjourned the meeting at 9:40 p.m. Mayor ATTEST: City Clerk 1 September 19, 1989 page 493 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 19, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers. Absent was: Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Regular City Council meeting of September 5, 1989 and the Special Meeting of the City Council on September 7, 1989. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the minutes of the Regular City Council meeting of September 5, 1989 and the Special Meeting of the City Council on September 7, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of charitable gambling license renewal for Church of All Saints at the Paddock Bar. 2. Set public hearing for October 3 to consider non -conforming use and structure variance and parking variance for outside cafe at Steve O's, 4900 West Broadway. 3. Set public hearing for October 3 to consider variances for construction of a 20' x 20' attached garage which will encroach in the required 30' front yard setback and 5' side yard setback at 5062 Quail Avenue North. 4. Consideration of a charitable gambling license renewal for Lions Club Crystal. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time set by the City Council to continue from the August 15, 1989 meeting, a public hearing at which time the City Council will consider September 19, 1989 page 494 Northern States Power Company Franchise Agreement. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Larry Benson, N.S.P. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CRYSTAL, MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. and further, that the second and final reading be held on October 3, 1989. Motion Carried. Council directed staff to contact an SRA representative to speak to the Council after the budget is completed. The City Council considered the following items on the Regular Agenda: 1. Patty Wilder, Executive Director of the Northwest Hennepin Human Services Council, appeared before the City Council regarding their program and budget. 2. The City Council considered a petition from residents regarding property at 6427 - 41st Avenue North. Those appearing and heard were: Sandra Harter, 6412 - 41st Avenue North. Council directed staff to pursue verification of homestead as well as clean-up of this property. 3. The City Council considered the First Reading of an Ordinance amendment to the Charitable Gambling Ordinance. Staff to send letter to all licenses to remind them of 10% obligation. Moved by Councilmember Carlson and seconded by Councilmember Moravec to adopt the following ordinance: September 19, 1989 page 495 ORDINANCE NO. 89 - AN ORDINANCE RELATING TO CHARITABLE GAMBLING: REPEALING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 11; AMENDING CRYSTAL CITY CODE, SUBSECTION 1100 BY ADDING A SUBDIVISION and further, that the second and final reading be held on October 3, 1989. Motion Carried. 4. The City Council considered authorization to issue a building permit to John Leinen Construction Company for John Zimmer to build a 62' x 50' airplane hangar at Lot 9C, Crystal Airport, subject to standard procedure. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve authorization to issue a building permit to John Leinen Construction Company for John Zimmer to build a 62' x 50' airplane hangar at Lot 9C, Crystal Airport, subject to standard procedure. Motion Carried. 5, The City Council considered authorization to issue a building permit to John Leinen Construction Company for Marvin Nelson to build a 40' x 66' airplane hangar at Lot 74A, Crystal Airport, subject to standard procedure. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve authorization to issue a building permit to John Leinen Construction Company for Marvin Nelson to build a 40' x 66' airplane hangar at Lot 74A, Crystal Airport, subject to standard procedure. Motion Carried. 6. The City Council considered a change to the approved sign criteria for the Crystal Gallery as requested by Pier I Imports at 5590 West Broadway. Those appearing and heard were: Tom Steinke, Pro -Wood Signs. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve a change to the approved sign criteria for the Crystal Gallery as requested by Pier I Imports at 5590 West Broadway. Motion Carried. 7. The City Council considered the Second Reading of an Ordinance vacating a portion of the side utility and drainage easement and reconsideration of a variance of 2' of the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North. Those appearing and heard were: Chuck Bagne, 5408 Angeline Avenue North. A. 10 September 19, 1989 page 496 Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 89-19 AN ORDINANCE VACATING A CERTAIN DRAINAGE AND UTILITY EASEMENT and further, that this be the second and final reading. Motion Carried. Moved by Councilmember Carlson and seconded by Councilmember Smothers to reconsider a variance of 2' of the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North. Motion Carried. C. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve a variance of 2' of the required 3' side yard setback for construction of a 20' x 20' detached garage at 5408 Angeline Avenue North. Motion Carried. 8. The City Council considered award of bid for creek restoration on Brunswick Avenue north of 32nd Avenue. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent, awarding bid to F.F. Jedlicki, not to exceed $14,460: RESOLUTION NO. 89-59 RESOLUTION AWARDING BID By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers. Absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 9. The City Council considered a conditional use permit to allow an auto service center in a B-3 (Auto -Oriented Commercial) District at 6800 - 56th Avenue North. Those appearing and heard were: Paul Oberstar, KLO Properties; Curt Jergens, Real Estate representative for Firestone. Moved by Councilmember Grimes and seconded by Councilmember Carlson to approve as recommended by and based on the findings of fact of the Planning Commission conditional use permit #89- 24, as submitted by KLO Properties, to allow an auto service center in a B-3 (Auto -Oriented Commercial) District (Section 515.35, Subd. 4 c)), property located at 6800 - 56th Avenue North. Motion Carried. 11 September 19, 1989 page 497 The Mayor called a recess at 8:25 p.m. and the meeting was reconvened at 8:37 p.m. 10. The City Council considered a no parking resolution for Medicine Lake Road as part of the Upgrade Project. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-60 RESOLUTION APPROVING PARKING RESTRICTIONS ON MINNESOTA STATE AID HIGHWAY 670 (MEDICINE LAKE ROAD) BETWEEN LOUISIANA AVENUE AND DOUGLAS DRIVE IN THE CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 11. The City Council considered findings of fact for denial of rezoning application for property at 6203-6213 - 36th Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-61 RESOLUTION DENYING REQUEST FOR REZONING OF CERTAIN PROPERTY AT 6203-13 36TH AVENUE NORTH IN THE CITY By roll call and voting aye: Moravec, Grimes, Carlson, Herbes; voting no: Smothers; absent, not voting: Langsdorf; abstaining: Rygg. Motion carried, resolution declared adopted. 12. The City Council considered final approval of proposed plat for HRA 5th Addition at 3432 Welcome Avenue North. Moved by Councilmember Grimes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-62 RESOLUTION APPROVING A PLAT September 19, 1989 page 498 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 13. The City Council considered renewal of contract between Metropolitan Clinic of Counseling (Employee Assistance Program) and the City of Crystal. Moved by Councilmember Grimes and seconded by Councilmember Smothers to approve the contract between Metropolitan Clinic of Counseling and the City of Crystal for the period of September 1, 1989 through August 31, 1990 at a fee of $8.50 per employee for a total of $1032.00, money to be taken from Account #01-4310-000-32. Motion Carried. 14. The City Council considered an appropriation of $1147 for maintenance and support of the Animal Humane Society. Those appearing and heard were: Liz Loney, Animal Humane Society. Moved by Councilmember Moravec and seconded by Councilmember Smothers to table and direct staff to obtain a report on financial aspects of the Society as well as its charitable gambling operation, and contact legislators regarding funding for the Society. Motion Carried. 15. The City Council considered the designation of voting and alternate voting delegates for the Annual Congress of Cities, November 25-29, 1989, in Atlanta, Georgia. Moved by Councilmember Moravec and seconded by Councilmember Smothers to designate Mayor Herbes as the voting delegate and City Manager and Councilmember Moravec as the alternate voting delegates for the Annual Congress of Cities, November 25-29, 1989, in Atlanta, Georgia. Motion Carried. 16. The City Council considered the First Reading of an Ordinance relating to compensation of members of the City Council. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following ordinance with a 20% increase in salaries of Council and Mayor, effective January 1, 1990: ORDINANCE NO. 89 - AN ORDINANCE COMPENSATION OF CITY COUNCIL: CRYSTAL CITY CODE, RELATING TO MEMBERS OF THE REPEALING SUBSECTION 210.07 Moved by Councilmember Grimes and seconded by Councilmember Smothers to amend the motion of Councilmember Carlson to a 15% 1 September 19, 1989 page 499 increase for Council and Mayor, giving them 5% for each of the next 3 years, effective January 1, 1990. By roll call and voting aye: Grimes, Carlson, Herbes, Smothers; voting no: Moravec; absent, not voting: Langsdorf; abstaining: Rygg. Motion Carried. Voting on the main motion as amended: voting aye: Grimes, Carlson, Herbes, Smothers; voting no: Moravec; absent, not voting: Langsdorf; abstaining: Rygg and further, that the second and final reading be held on October 3, 1989. Motion Carried. 17. The City Council considered CDBG Third Party Agreement with the Greater Minneapolis Day Care Association. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-63 RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT THIRD PARTY AGREEMENT WITH THE GREATER MINNEAPOLIS DAYCARE ASSOCIATION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 18. The City Council considered setting a date of work session for the Environmental Quality Commission to meet with the Council in November to discuss the Housing Maintenance Code. By consensus the Council set 7:00 p.m. on November 20, 1989 for a work session with the Environmental Quality Commission to discuss the Housing Maintenance Code. 19. The City Council discussed the Long -Range Planning Commission. It was the consensus of the Council that abolishment of the Long -Range Planning Commission should be placed on the next Long -Range Planning Commission agenda for discussion and then come back to the Council. 20. The City Council discussed the Civil Service Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Marty Gates, 5108 - 48th Avenue North, to the Civil Service Commission for an unexpired term ending December 31, 1990. Motion Carried. 21. 22. 23. 24. September 19, 1989 page 500 The City Attorney advised the Council that the Charter Commission would be discussing the Civil Service Commission at its next meeting. The City Council reconsidered the dates for the budget public hearing. Moved by Councilmember Smothers and seconded by Councilmember Moravec to set 7 p.m., October 24, 1989 as the date for the budget public hearing and October 31, 1989 as an alternate date, in lieu of October 10 and October 17, 1989, as previously set by the City Council. Motion Carried. The City Council discussed property at 5201 Maryland Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-64 RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS CONDITIONS EXISTING AT 5201 MARYLAND AVENUE NORTH IN THE CITY OF CRYSTAL By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. The City Council discussed Light Rail Transit Stations. Moved by Councilmember Smothers and seconded by Councilmember Grimes to table. Motion Carried. The City Council considered a resolution relating to City participation in Narcotics Control Program. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-65 RESOLUTION RELATING TO CITY PARTICIPATION IN NARCOTICS CONTROL PROGRAM By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. September 19, 1989 page 501 Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 9:50 p.m. ATTEST: City Clerk "z- ayor October 3, 1989 page 502 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 3, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: John Olson, Assistant City Manager (arrived at 9:45 p.m.); David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor introduced the new Fire Chief Kevin McGinty. The Mayor acknowledged a donation in the amount of $4500 from the Crystal Lions for an Officer Exchange Program and a donation from the Elks Lodge #44 for $43.45 for the D.A.R.E. Program. The Mayor read a proclamation proclaiming October 18, 1989 as American Field Service Intercultural Programs Day. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the proclamation. Motion Carried. The City Council considered the minutes of the Regular City Council meeting of September 19, 1989 and the Special Worksession of September 18, 1989. Moved by Councilmember Carlson and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of September 19, 1989 and the Special Worksession of September 18, 1989. Motion Carried. Councilmember Langsdorf abstained from approval of the regular meeting of September 19, 1989 which she did not attend. The City Council considered the following Consent Agenda: 1. Consideration of a change in dates on a solicitor's permit for Minnesota Public Interest Research Group (MPIRG). 2. Consideration of resignation of Lois Darg from the Human Relations Commission. 3. Consideration of resignation of Lois Ehret from the Human Relations Commission. October 3, 1989 page 503 Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance of 7.5' in the required 30' front yard setback and 3.5' in the required 5' side yard setback for construction of a 20' x 20' attached garage at 5062 Quail Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Jerry Ackerman, 5038 Quail Avenue North; Cindy Frayseth, 5062 Quail Avenue North; Walter Ranik, 5032 Quail Avenue North could not attend meeting but delivered a written objection to approval of the variance. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 2 a) and Section 515.13, Subd. 3 a) 1) granting a variance of 7.5' in the required 30' front yard setback and 3.3' in the required 5' side yard setback for construction of a 20' x 20' attached garage at 5062 Quail Avenue North as requested in applications #89-27 and #89-28. No Action Taken on Motion. Moved by Councilmember Smothers and seconded by Councilmember Carlson to continue public hearing to October 17, 1989 for staff and applicant to explore alternative plans for the project. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider assessments for: A) The 1989 Sealcoat Program Project #89-2, B) Curb and Gutter Improvement Project #89-5, C) Alley Improvement Project #89-6, D) Sidewalk Repair Project #89-7, E) Diseased Tree Removal and Weed Cutting and Debris Removal, and F) Delinquent Sewer, Water, Recycling and Street Lighting Charges. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: October 3, 1989 page 504 A. 1989 Sealcoat Project #89-2: Muriel Stewart, 4600 Colorado Avenue North (written appeal also received from Joseph and Muriel Stewart); Tony McLaughlin, 4706 Zane Avenue North; Macy Seymour, 4841 Hampshire Avenue North. B. Curb and Gutter Improvement Project #89-5: Tony McLaughlin, 4706 Zane Avenue North. C. Alley Improvement Prosect #89-6: Greg Smith, 3835 Vera Cruz Avenue North. The Mayor closed the Public Hearing. A. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent, with side yard benefit to double bungalows: RESOLUTION NO. 89-66 RESOLUTION ADOPTING ASSESSMENT FOR THE 1989 SEALCOAT PROGRAM, PROJECT #89-2 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. B. Moved by Councilmember Grimes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-67 RESOLUTION ADOPTING ASSESSMENT CURB & GUTTER IMPROVEMENT, PROJECT #89-5 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. C. Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-68 RESOLUTION ADOPTING ASSESSMENT FOR ALLEY IMPROVEMENT, PROJECT #89-6 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. October 3, 1989 page 505 D. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-69 RESOLUTION ADOPTING ASSESSMENT FOR SIDEWALK REPAIR, PROJECT #89-7 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. E. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-70 RESOLUTION ADOPTING ASSESSMENT FOR DISEASED TREE REMOVAL AND WEED CUTTING AND DEBRIS REMOVAL By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. F. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-71 RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER, WATER, RECYCLING AND STREET LIGHTING CHARGES By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The Mayor called a recess at 8:15 p.m. and the meeting was reconvened at 8:31 p.m. The Mayor announced the EDA meeting would immediately follow the City Council meeting. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance to expand a non -conforming use (said non -conformity being bar/restaurant in an industrial area) and structure (insufficient setback) and a variance of 24 off street parking spaces to permit an outside cafe at 4900 West Broadway. The October 3, 1989 page 506 Mayor asked those present to voice their opinions or to ask questions concerning the variances. Those present and heard were: Bill Mavity, Attorney for Steven Weisman; Steven Weisman, Owner of Steve O's; Jim Kraker, 4913 Vera Cruz Avenue North; Ruth Hunt, 4824 Xenia Avenue North; Dick Espeland, 4843 Xenia Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to continue until next possible meeting the discussion of authorization pursuant to Section 515.05 of the Zoning Code to expand a non -conforming use, said non- conformity being bar/restaurant in an industrial area and a structure with insufficient setback; and a variance of 24 off street parking stalls (Section 515.09, Subd. 8 v) of the Zoning Code) to permit an outside cafe at 4900 West Broadway as requested in applications #89-31, and #89-32 allowing staff and applicant to work up a more definite plan. Motion Carried. The Mayor called a recess at 9:40 p.m. and the meeting was reconvened at 9:50 p.m. The City Council considered the following items on the Regular Agenda: 1. The City Council considered awarding of a bid for playground equipment at Kentucky & Cavanagh Parks. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-72 RESOLUTION AWARDING A BID TO VIKING FENCE By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 2. The City Council considered the Second Reading of an Ordinance to consider Franchise Agreement with Northern States Power Company. Present and heard was: Peter Carney, Manager of Rate Administration for N.S.P. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-20 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, 1 October 3, 1989 page 507 PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CRYSTAL, MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES and further, that this be the second and final reading. Motion Carried. 3. The City Council considered the Second Reading of an Ordinance amendment to the Charitable Gambling Ordinance. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 89-21 AN ORDINANCE RELATING TO CHARITABLE GAMBLING: REPEALING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 11; AMENDING CRYSTAL CITY CODE, SUBSECTION 1100 BY ADDING A SUBDIVISION and further, that this be the second and final reading. Motion Carried. 4. The City Council considered the Second Reading of an Ordinance relating to compensation of members of the City Council. Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-22 AN ORDINANCE RELATING TO COMPENSATION OF MEMBERS OF THE CITY COUNCIL: REPEALING CRYSTAL CITY CODE, SUBSECTION 210.07 and further, that this be the second and final reading. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes; voting no: Moravec, Langsdorf; abstaining: Smothers. Motion Carried. 5. The City Council considered an appropriation of $1147 for maintenance and support of the Animal Humane Society. No action was taken. October 3, 1989 page 508 6. The City Council considered a resolution amendment to Project Air Agreement. Moved by Councilmember Grimes and seconded by Councilmember Carlson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-73 RESOLUTION AUTHORIZING AMENDMENT TO THE PROJECT AIR AGREEMENT By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council discussed the rescheduling of the City Council/Environmental Quality Commission Worksession. By common consent the City Council set 7:00 p.m. on November 16, 1989 for a work session with the Environmental Quality Commission to discuss the Housing Maintenance Code. 8. The City Council discussed the update on Brooklyn Park Redevelopment Plan north of 62nd Avenue. Council directed staff to send residents in the affected area an update. 9. The City Council considered a non -encroachment agreement between the City of Crystal and Hennepin County for Federal - aid highway improvement. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-74 RESOLUTION APPROVING AGREEMENT NO. 51-09-89 BETWEEN CRYSTAL AND HENNEPIN COUNTY FOR FEDERAL AID HIGHWAY IMPROVEMENTS FOR MEDICINE LAKE ROAD By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. INFORMAL DISCUSSION: 1. The City Council discussed a circulator bus system in the northern suburbs. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve Crystal's share (approximately $200) to fund a study of a circulator bus system for the northern October 3, 1989 page 509 suburbs, including cities of Crystal, Brooklyn Park, Maple Grove and Osseo. Motion Carried. 2. The Mayor read a proclamation proclaiming the week of October 15-21, 1989 as National Business Women's Week in the City of Crystal. 3. The District 281 referendum was discussed. Consensus of the Council was to have Patricia Neils, School Board Chair of District 281, appear at a Council meeting explaining the referendum as well as discussion of Thorson School, Mielke Field, and Cavanagh Park. 4. Budget hearing was discussed. Consensus was to put on hold until further information is received from the State. 5. The City Council recognized the dedication of Red Sochacki Park in Robbinsdale. Mr. Sochacki is now a resident of Crystal and a member of the Crystal Park & Recreation Commission. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 10:40 p.m. /mayor ATTEST: 1 City Clerk October 17, 1989 page 510 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 17, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec (arrived at 7:35 p.m.), Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Regular City Council meeting of October 3, 1989. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of October 3, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Set public hearing for November 8, 1989 to consider parking variance for expansion of Thriftway Supermarket at 5715 West Broadway. 2. Set public hearing for November 8, 1989 to consider variance for a detached garage which will encroach in the required 25' side street side yard setback at 4501 Yates Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. The City Council continued from the October 3, 1989 meeting the public hearing for a variance of 7.5' in the required 30' front yard setback and 3.5' in the required 5' side yard setback for construction of a 20' x 20' attached garage at 5062 Quail Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Carlson and seconded by Councilmember Rygg to deny the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application October 17, 1989 page 511 of Section 515.13, Subd. 2 a) and Section 515.13, Subd. 3 a) 1), granting a variance of 7.5' in the required 30' front yard setback and 3.3' in the required 5' side yard setback for construction of a 20' x 20' attached garage at 5062 Quail Avenue North as requested in applications #89-27 and #89-28. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Langsdorf; absent, not voting: Moravec; abstaining: Smothers. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the issuance of a building permit for an auto service center building at 6800 - 56th Avenue North as requested by Firestone. Those appearing and heard were: Ron Mielke, real estate agent. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve as recommended by the Planning Commission authorization to issue a building permit to Firestone for construction of a 6,595 sq. ft. auto service center building located at 6800 - 56th Avenue North, subject to standard procedure. Motion Carried. 2. The City Council considered a variance to allow a 32 sq. ft. sign in a R-1 District (4 sq. ft. allowed in R-1) at 5810 - 56th Avenue North. Those appearing and heard were: Duane Gilberg, Edina Realty Company. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to deny a variance to allow a 32 sq. ft. sign in a R-1 District at 5810 - 56th Avenue North. Motion Carried. Councilmember Moravec arrived. 3. The City Council considered a conditional use permit to allow a convenience food establishment in a B-4 District at 5557 West Broadway. Those appearing and heard were: Edward Paster, Paster Enterprises; John Streeter, Construction Manager for Paster Enterprises; Lisa Yarbrough, Paster Enterprises. Moved by Councilmember Grimes and seconded by Councilmember Carlson to approve as recommended by and based on the findings of fact of the Planning Commission a conditional use permit to allow a convenience food establishment in a B-4 (Community Commercial) District (Section 515.37, Subd. 4 i)), property located at 5557 West Broadway. Motion Carried. October 17, 1989 page 512 4. The City Council considered issuance of a building permit for construction of a convenience food establishment building at 5557 West Broadway. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve as recommended by the Planning Commission authorization to issue a building permit to Advance Construction to build a 40' x 62' building located at 5557 West Broadway, subject to standard procedure. Motion Carried. 5. The City Council considered a variance to allow signs as addressed in Section 406 of the City Ordinance at 5557 West Broadway. Moved by Councilmember Carlson and seconded by Councilmember Langsdorf to approve a sign variance in Sections 406.17, Subd. 2 c); 406.05, Subd. 17; 406.05, Subd. 27; 406.05, Subd. 24; and 406.17, Subd. 1; as presented in the memo from the Building Inspector dated October 12, 1989 regarding variance application #89-30 and requested by Paster Enterprises, 5557 West Broadway. Motion Carried. The Mayor called a recess at 8:20 p.m. and the meeting was reconvened at 8:35 p.m. 6. The City Council considered the First Reading of an Ordinance to rezone property at 5738 West Broadway from R-1 to R-2 to allow construction of a two-family structure. Moved by Councilmember Grimes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on November 8, 1989. Motion Carried. 7. Pat Neils, Chairperson of the School Board of Independent School District #281, appeared to discuss the school referendum and other issues such as Mielke Field, Thorson School, Cavanagh School park, and Fair School. No action was taken. 8. The City Council considered a resolution approving plans for improvement to Medicine Lake Road. October 17, 1989 page 513 Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-75 MEDICINE LAKE ROAD UPGRADE By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 9. The City Council considered a resolution on assessments to tax forfeited property. Moved by Councilmember Grimes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-76 RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX -FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE: AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT: AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAME TO HENNEPIN COUNTY FINANCE DIVISION PURSUANT TO MINNESOTA STATUTES 282.01, SUBD. 3 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 10. The City Council considered an Exclusive Negotiations Agreement between the Crystal Economic Development Authority and the Anthony Center Partnership. Appearing and heard was: Roger Jensen, Consultant for Nicklow Corporation. The Mayor requested the record show that a letter was sent to Nicklow's in August by the building inspector regarding vacant house at 5400 - 35th Avenue North and no action has been taken by Nicklow's. The consensus of the Council was to continue this item to the November 8, 1989 meeting. 11. The City Council considered a resolution awarding a bid for demolition of a single-family home at 3432 Welcome Avenue North. October 17, 1989 page 514 Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-77 RESOLUTION APPROVING DEMOLITION BID TO VEIT AND COMPANY, INC. FOR 3432 WELCOME AVENUE NORTH By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 12. Mr. George Menzies, 5232 - 47th Avenue North, appeared before the Council to discuss traffic and street conditions on 47th Avenue between West Broadway and Highway #81. Concerns were• speeding, noise, truck traffic, vibration and street deterioration. 13. Miles Johnson, Finance Director, discussed Local Government Aids and the impact new legislation has on the City. 14. The City Council considered discontinuing the operation of the Long -Range Planning Commission and transferring all its duties to the Planning Commission. Moved by Councilmember Smothers and seconded by Councilmember Rygg to disband the Long -Range Planning Commission and shift duties to Planning Commission. Motion Failed. Gary Joselyn, 4068 Hampshire and long-time member of the Long - Range Planning Commission, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to send this item to the Planning Commission for their recommendation. Motion Carried. 15. The City Council considered a resolution urging community groups, schools, business and civic organizations to support and participate in special activities during the week of December 3-9, 1989, for Cities' Fight Back Against Drugs Week. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-78 CITIES FIGHT BACK AGAINST DRUGS WEEK 1 October 17, 1989 page 515 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 16. The City Council considered a resolution in support of on- going Hennepin County Community Planning funding for the Northwest Hennepin Human Services Council. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-79 RESOLUTION SUPPORTING ON-GOING HENNEPIN COUNTY COMMUNITY PLANNING FUNDING FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 17. The City Council discussed the adoption of a City fee schedule. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO LICENSE AND PERMIT FEES: AMENDING CRYSTAL CITY CODE, SECTIONS 1000, 1010, AND 1015 AND SUBSECTION 1015.09, SUBDIVISION 1: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1010.03 AND 1015.12 and further, that the second and final reading be held on November 8, 1989. Motion Carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS EDA Advisory Commission was discussed. Mayor Herbes continued discussion to November 8, 1989 Council meeting. Mayor Herbes requested office space at City Hall for Mayor and Council. Moved by Councilmember Carlson and seconded by Councilmember Rygg to direct staff to find space for Mayor and Council visits to City Hall. October 17, 1989 page 516 By roll call and voting aye: Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Grimes, Langsdorf. Motion Carried. The City Manager discussed purchase of property near Bassett Creek Park, 2951 Vera Cruz Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Smothers to direct staff to pursue the purchase of 2951 Vera Cruz Avenue North and bring back details to the Council. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 11:15 p.m. Mayor ATTEST: City Clerk November 8, 1989 page 517 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 8, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Julie Jones, Redevelopment Coordinator; Nancy Gohman, Administrative Assistant; Miles Johnson, Finance Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor acknowledged a donation to the Park & Recreation Department from Jon Shuster, Crystal resident, in the amount of $49.00 in appreciation of his enjoyment of Bassett Creek Park. The City Council considered the minutes of the Regular City Council meeting of October 17, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of October 17, 1989. Motion Carried. The City Council considered the following Consent Agenda: 1. Consideration of an application For Exemption From Lawful Gambling License from VFW Auxiliary, 5222 - 56th Avenue North, for a raffle on Sunday, January 7, 1990. 2. Consideration of a gambling license renewal application for Knights of Columbus, 4947 West Broadway. 3. Consideration of an application with waiver of fee for six temporary signs to be located at 7200 Bass Lake Road, 4920 West Broadway, 5924 West Broadway, 3600 Douglas Drive, 2756 Douglas Drive, and 5842 Bass Lake Road for the Lions Club of Crystal from November 18th thru November 26, 1989 for a pancake breakfast. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as November 8, 1989 page 518 advertised for a public hearing at which time the City Council will consider a variance for a detached garage which will encroach in the required 25' side street side yard setback at 4501 Yates Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Tony Piasecki, 4501 Yates Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Carlson and seconded by Councilmember Grimes to approve as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5 c) 7) to grant a variance of 5' in the required 25' side street side yard setback for a 22' x 20' detached garage at 4501 Yates Avenue North as requested in application #89-38. Motion Carried. 2. The City Council continued from the October 3, 1989 meeting the public hearing for non -conformity and parking variances for an outside cafe at Steve O's, 4900 West Broadway. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: William J. Mavity, Attorney for Steven Weisman; Steven Weisman, Owner of Steve O's. The Mayor closed the Public Hearing. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve the authorization pursuant to Section 515.05 of the Zoning Code to expand a non -conforming use (bar/restaurant in an industrial area) and structure (insufficient setback); and authorization pursuant to Section 515.09, Subd. 8 v) of the Zoning Code for a variance of 15 parking stalls in addition to the 28 stall variance previously approved in 1984 and currently in effect, with the 12 conditions set forth in the memo to the Planning Commission amending the insurance requirement to $600,000.00 from the City Engineer dated September 7, 1989 (11/1/89 update). Motion Carried. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf; voting no: Moravec. Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a parking variance for expansion of Thriftway Supermarket at November 8, 1989 page 519 5715 West Broadway. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. Moved by Councilmember Grimes and seconded by Councilmember Smothers to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 8 t) to grant a variance of 11 off street parking spaces (presently has variance of 16) in the required 177 parking spaces to allow a 36' x 46' addition to Thriftway Supermarket at 5715 West Broadway as requested in application #89-35. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the issuance of a building permit for remodeling at Thriftway, 5715 West Broadway. Moved by Councilmember Grimes and seconded by Councilmember Smothers to approve as recommended by the Planning Commission authorization to issue a building permit to Corporate Finishers, Inc. for Al Salsburg for a 36' x 46' addition to the existing Thriftway Supermarket located at 5715 West Broadway, plus other remodeling, subject to standard procedure. Motion Carried. 2. The City Council considered appointments to the Economic Development Authority Advisory Commission. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the recommendation of Mayor Herbes to appoint the following persons to the Economic Development Authority: Arthur Cunningham, 8124 - 35th Avenue North; Mark Hoffmann, 3307 Zane Avenue North; Paulette Magnuson, 3159 Jersey Avenue North; Jane Elsen, 5419 Maryland Avenue North; John Neznick, 16110 - 46th Avenue, Plymouth, Minnesota; Merle Mattson, 4713 - 36th Avenue North; Anthony W. Brace, 4169 Adair Avenue North; Gail Wawrzyniak, 5646 Regent Avenue North. Motion Carried. Staff was directed to notify appointees of an organizational meeting on November 15 at 7 p.m. 3. The City Council considered a stop sign petition for intersections of 45th and Adair and 45th and Brunswick Avenues North. Those present and heard were: Renee Peterson, 4425 Adair Avenue North. November 8, 1989 page 520 Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve as recommended by the City Engineer a two- way stop on Brunswick Avenue at 45th Avenue and on 45th Avenue at Adair Avenue. Motion Carried. 4. The City Council considered a petition from residents regarding rental property at 4501 Adair Avenue North. The City Manager advised the Council that the Police, Building and Health Departments had been informed of the petition and were following up. Moved by Councilmember Carlson and seconded by Councilmember Smothers to submit a copy of the petition to the Environmental Quality Commission. Motion Carried. 5. The City Council considered a resolution recommending continued support of West Hennepin Community Center. Moved by Councilmember Carlson and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-80 RESOLUTION SUPPORTING CONTINUING HENNEPIN COUNTY FUNDING OF THE WEST HENNEPIN COMMUNITY CENTER By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 6. The City Council considered a Stop Accidents For Everyone (S.A.F.E.) Award Program for employees in street, park, water/sewer, maintenance, police, and volunteer firefighters. Moved by Councilmember Rygg and seconded by Councilmember Carlson to approve adoption of the Stop Accidents For Everyone (S.A.F.E.) Award Program. Motion Carried. 7. The City Council considered a resolution on easement acquisition for Medicine Lake Road improvement. Those appearing and heard were: Mark Hanson, New Hope City Engineer. Councilmember Grimes directed staff to inform Neill School PTA so they could make people aware of the project. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: November 8, 1989 page 521 RESOLUTION NO. 89-81 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS AND ACQUISITION PURSUANT TO MINNESOTA STATUTE 117.042 FOR A STREET IMPROVEMENT PROJECT #89-1 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 8. The City Council discussed a request from the Crystal Fire Department for an increase in pension and salary. Mark Warnack, Secretary of Crystal Fire Fighters Relief Association, appeared and spoke. Moved by Councilmember Rygg and seconded by Councilmember Carlson to table to allow staff and the Crystal Fire Fighters Association to get together on a compromise and bring this back to the next meeting. By roll call and voting aye: Langsdorf, Smothers, Carlson, Grimes, Rygg; voting no: Moravec; abstaining: Herbes. Motion Carried. The Mayor called a recess at 8:52 p.m. and the meeting was reconvened at 9:06 p.m. The Mayor announced that Item 12 on the agenda would be next, after which the Economic Development Authority would meet, with Council reconvening its meeting at the conclusion of the Economic Development Authority meeting. 9. The City Council considered the Exclusive Negotiations Agreement between the Crystal Economic Development Authority and the Anthony Center Partnership. Those appearing and heard were: Bill Nicklow. Moved by Councilmember Moravec and seconded by Councilmember Carlson to approve entering into an Exclusive Negotiations Agreement between the Crystal Economic Development Authority and the Anthony Center Partnership, and further that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. The Council meeting adjourned at 9:20 p.m. to be reopened at the conclusion of the EDA meeting. The Council meeting reopened at 9:42 p.m. 10. The City Council considered the Improvement Agreement for building construction at Crystal Shopping Center, 5557 West Broadway. November 8, 1989 page 522 Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve entering into an agreement with Paster Enterprises to guarantee construction of site improvements for the convenience food establishments proposed at the Crystal Shopping Center, and further that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. 11. The City Council considered the Improvement Agreement for building construction by Firestone at 6800 - 56th Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Moravec toyapprove entering into agreement with Firestone/Master Care Center to guarantee construction of site improvements for Firestone's proposed building at 6800 - 56th Avenue North, and further that the Mayor and City Manager be authorized to sign such an agreement. Motion Carried. 12. The City Council considered the Second Reading of an Ordinance relating to license and permit fees. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89-23 AN ORDINANCE RELATING TO LICENSE AND PERMIT FEES: AMENDING CRYSTAL CITY CODE, SECTIONS 1000, 1010, AND 1015: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1010.03, 1015.09, AND 1015.12 and further, that this be the second and final reading. Motion Carried. 13. The City Council considered the Second Reading of an Ordinance rezoning property at 5738 West Broadway from R-1 (Single- family Residential) to R-2 (Single and Two Family Residential). Moved by Councilmember Smothers and seconded by Councilmember Carlson to adopt the following ordinance: ORDINANCE NO. 89-24 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further that this be the second and final reading. Motion Carried. November 8, 1989 page 523 14. Mayor Herbes declared this was the time and date for the official canvass of the results of the General Municipal Election held on November 7, 1989. The City Clerk presented to the Council the certification of the returns of the election. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-82 RESOLUTION CANVASSING THE VOTE AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 15. The City Council considered Resolution #4246 of the Robbinsdale City Council regarding light rail transit station in Golden Valley. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to direct staff to write a letter to Hennepin County stating the City's concerns regarding deletion of station locations as detailed in Robbinsdale's Resolution #4246 and Crystal's intent to review this issue in detail as the design process continues. Motion Carried. 16. The City Council discussed the 1990 Proposed Legislative Polices and Priorities of the League of Minnesota Cities. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint the Mayor as the voting member and the City Manager as the alternate voting member and Councilmember Moravec as a second alternate voting member for the Policy Adoption Meeting to be held by the League of Minnesota Cities on November 16, 1989. Motion Carried. 17. The City Council considered the interim appointment of the law firm of Holmes and Graven and the continuance of David J. Kennedy as the City Attorney for the City of Crystal during the Requests for Proposal process and until the formal decision is made. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the interim appointment of the law firm of Holmes and Graven and the continuance of David J. Kennedy as the City Attorney for the City of Crystal during the Requests for Proposal process and until the formal decision is made. November 8, 1989 page 524 Councilmember Carlson offered a friendly amendment to terminate the interim appointment 12-31-89. No second was made. Councilmember Moravec called the previous question. Motion Carried. 18. The City Council discussed an increase in health and life insurance contribution for non-union employees of the City of Crystal. Miles Johnson, Finance Director, appeared and was heard. Moved by Councilmember Carlson and seconded by Councilmember Smothers to approve a continuance to cover the entire cost of single participants for health care and increase the contribution for family coverage by $25 per month. Motion Carried. 19. The City Council considered a resolution for adopting proposed budget and levying taxes for certification to the County Auditor. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-83 RESOLUTION ADOPTING PROPOSED BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR By roll call and voting aye: Moravec, Grimes, Rygg, Herbes, Smothers, Langsdorf; voting no: Carlson. Motion carried, resolution declared adopted. 20. The City Council discussed a budget work session and setting dates for the public hearings to adopt the 1990 City of Crystal Budget. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to set December 5, 1989, at 7:00 p.m., or as soon thereafter as the matter may be heard as the date and time for a public hearing at which time the City of Crystal 1990 Budget will be adopted, with a continuance of the public hearing on December 19, 1989 if an additional date is needed. Motion Carried. By consensus the Council set a budget work session for 6:00 p.m. on November 20, 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council, a list of 1 November 8, 1989 page 525 which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 10:26 p.m. ATTEST: .P/ 'le—, �- �"� -f-lr-- City Clerk Mayor November 20, 1989 page 526 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Special Work Session of the Crystal City Council was held on November 20, 1989, at 6:00 p.m., at 4141 Douglas Drive, Crystal, Minnesota. The following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf (arrived at 7:20 p.m.). Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; Jessie Hart, Assistant to the Finance Director; Miles Johnson, Finance Director; Darlene George, City Clerk; Ed Brandeen, Park & Recreation Director; William Monk, Public Works Director; Kevin McGinty, Fire Chief; James Mossey, Police Chief. The City Council discussed the proposed 1990 Budget. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 8:05 p.m. Mayor ATTEST: City Clerk 1 November 21, 1989 page 527 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 21, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; Corrine Heine, City Attorney's office; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Nancy Gohman, Administrative Assistant; Miles Johnson, Finance Director; Ed Brandeen, Park & Recreation Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Regular City Council meeting of November 8, 1989 and the minutes of the Special Work Session of the City Council held on November 20, 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting 2. Set public hearing for December 5, 1989 to consider variance of 9' in the required 10' side street side yard setback for a 11' x 12' detached shed at 5955 Jersey Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the First Reading of an Ordinance rezoning property at 3343 Vera Cruz Avenue North from B-4 (Community Commercial) to B-3 (Auto -Oriented Commercial) and a conditional use permit to operate an auto repair facility. of November 8, 1989 and the minutes of the Special Work Session of the City Council held on November 20, 1989. Motion Carried. The Mayor displayed a sample of the banners purchased by Crystal business owners for Bass Lake Road in downtown Crystal. The City Council considered the following Consent Agenda: 1. Set public hearing for December 5, 1989 to consider variance of 5' in the required 30' front yard setback for a 6' x 14' screened porch which encroaches in the required 30' front yard setback at 5423 Welcome Avenue North. 2. Set public hearing for December 5, 1989 to consider variance of 9' in the required 10' side street side yard setback for a 11' x 12' detached shed at 5955 Jersey Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Grimes to approve the Consent Agenda. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the First Reading of an Ordinance rezoning property at 3343 Vera Cruz Avenue North from B-4 (Community Commercial) to B-3 (Auto -Oriented Commercial) and a conditional use permit to operate an auto repair facility. November 21, 1989 page 528 Moved by Councilmember Smothers and seconded by Councilmember Carlson to continue to the December 19, 1989 meeting as requested by Robert Ayers to allow time for further studies on the area. Motion Carried. 2. The City Council considered the setting of rental fees for the new Community Center. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve rental fees for the new Community Center as recommended by the Park and Recreation Advisory Commission and presented by the Park and Recreation Director. Motion Carried. 3. The City Council considered the construction of a double flume slide at the Crystal Municipal Pool. Moved by Councilmember Carlson and seconded by Councilmember Smothers to proceed with the construction of a double flume slide at the Crystal Municipal Pool. Moved by Councilmember Grimes to amend the motion to require a certificate of product liability insurance from the manufacturer of the equipment. After considerable discussion Councilmember Smothers called the previous question as amended. By roll call and voting aye: Grimes, Rygg, Carlson, Herbes, Smothers; voting no: Langsdorf, Moravec. Motion Carried. 4. The City Council reconsidered a request from the Crystal Fire Department for an increase in pension and salary. Those present and heard were: Don Baker, Fire Relief Association; Miles Johnson, Finance Director. Moved by Councilmember Smothers and seconded by Councilmember Rygg to accept and approve the Fire Relief Association proposal as presented. Councilmember Grimes amended the motion to include a two-year negotiation period. Councilmember Smothers declined the amendment. After considerable discussion it was moved by Councilmember Grimes and seconded by Councilmember Moravec to amend the main motion to include a two-year negotiation period on the Fire Relief Association proposal of $17 monthly benefit or a $2500 per year of service lump sum payment upon retirement. November 21, 1989 page 529 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Langsdorf; voting no: Smothers; abstaining: Herbes. Motion Carried. A vote on the main motion as amended: voting aye: Moravec, Grimes, Rygg, Carlson, Smothers, Langsdorf; abstaining: Herbes. Motion Carried. The Mayor called a recess at 8:15 p.m. and the meeting was reconvened at 8:25 p.m. 5. The City Council considered a resolution establishing an Employee of the Year Award Program. The Mayor recommended the City Council be included in the final paragraph of the resolution relating to the appropriateness of awards to employees. Moved by Councilmember Carlson and seconded by Councilmember Smothers to include the City Council along with the City Manager in the decision making process of appropriateness of awards. Discussion followed. Councilmember Carlson withdrew his motion and Councilmember Smothers agreed that it should be the City Manager's decision. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-84 RESOLUTION ESTABLISHING AN EMPLOYEE OF THE YEAR AWARD PROGRAM By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 6. The City Council considered a resolution adopting a City of Crystal fee schedule. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-85 RESOLUTION RELATING TO LICENSE FEES AND PERMIT FEES November 21, 1989 page 530 By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 7. The City Council discussed fees charged by the League of Minnesota Cities Insurance Trust (LMCIT). No action taken. 8. The City Council reviewed the Feasibility Study for Twin Lake/Ryan Lake Outlet Modification Improvement as proposed by Shingle Creek Water Management Commission. No action taken. 9. The City Council discussed holding an organizational meeting of the City Council and the EDA meeting on January 2, 1990 and regular Council meetings on January 9 and January 23, 1990. Moved by Councilmember Grimes and seconded by Councilmember Langsdorf to set 7:00 p.m. on January 2, 1990 as the date and time for an organizational meeting of the Crystal City Council to be followed by the regular Economic Development Authority meeting, and to set 7:00 p.m. January 9 and January 23 as the dates and times for the regular City Council meetings for January 1990. Motion Carried. 10. The City Council considered the First Reading of an Ordinance Relating to Building Construction. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO BUILDING CONSTRUCTION: AMENDING CRYSTAL CITY CODE SECTION 400 BY ADDING A SUBSECTION: REPEALING CRYSTAL CITY CODE, SUBSECTION 400.01 and further, that the second and final reading by held on December 5, 1989. Motion Carried. INFORMAL DISCUSSION AND ANNOUNCEMENTS 1. Mayor Herbes reported that the committee reviewing the Requests For Proposals for a City Attorney had met and picked four legal firms out of the eight that submitted proposals to be interviewed by the Council. Moved by Councilmember Smothers and seconded by Councilmember Carlson to notify the four legal firms chosen to appear at the December 5, 1989 City Council meeting for interviews by the City Council with each firm having a ten minute interview and November 21, 1989 page 531 ten minute question and answer period, and directing staff to include resumes and fee schedules of all four firms in the Council packets prior to the meeting. By roll call and voting aye: Rygg, Carlson, Herbes, Smothers; voting no: Moravec, Grimes, Langsdorf. Motion Carried. 2. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf that all Councilmembers attending the 66th Annual Congress of Cities in Atlanta, Georgia, November 25-29, 1989 prepare a written report of findings from meetings attended to report back to the Council table prior to reimbursement of expenses. By roll call and voting aye: Moravec, Grimes, Rygg, Langsdorf; voting no: Carlson, Herbes; abstaining: Smothers. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 9:15 p.m. ATTEST: City Clerk Mayor December 5, 1989 page 532 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on December 5, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Miles Johnson, Finance Director; Jessie Hart, Assistant to the Finance Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor accepted a Certificate of Commendation from Governor Perpich for providing affordable housing in Crystal through the Minnesota Communities Program. The Mayor acknowledged a donation in the amount of $13,000 from the Crystal Lions Club to be used for the Crystal Community Center kitchen facilities. The City Council considered the minutes of the Regular City Council meeting of November 21, 1989. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve the minutes of the Regular City Council meeting of November 21, 1989. Motion Carried. The City Council considered the following Public Hearing: 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Herbes declared this was the date and time as advertised for a public hearing at which time the City Council will consider the 1990 City of Crystal Budget. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: An unidentified woman with concerns about recycling charges; Gary Boyle, 6812 Cloverdale Avenue North; Cloud Fasching, 4748 Hampshire Avenue North. The Mayor closed the Public Hearing. Moved by Council-nember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: December 5, 1989 page 533 RESOLUTION NO. 89-86 RESOLUTION ADOPTING BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 1. The City Council considered an Ordinance Amendment and Resolution Related to Utility Rate Increases. A. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO SEWER, WATER AND STREET LIGHTING RATES AND CHARGES: AMENDING CRYSTAL CITY CODE SUBSECTION 710.05 AND SUBSECTION 715.13, SUBDIVISIONS 1 AND 4 and further, that the second and final reading be held on December 19, 1989, Motion Carried. B. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-87 RESOLUTION ADJUSTING SEWER AND WATER RATES FOR SENIOR CITIZENS By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. The Mayor called a recess at 8 p.m. and the meeting was reconvened at 8:12 p.m. 2. The City Council interviewed the following four attorney firms for municipal legal services for the City of Crystal: Wurst, Pearson, Larson, Underwood & Mertz; Rosenthal, Rondoni, McMillan & Joyner, LTD.; Holmes & Graven; and Jensen, Hicken, Gedde & Scott, P.A. The Mayor announced the Economic Development Authority meeting scheduled for 9 p.m. would convene after Council items with people in attendance were complete. December 5, 1989 page 534 The Mayor called a recess at 9:30 p.m. and the meeting was reconvened at 9:45 p.m. By consensus it was the decision of the Council to go on with items on the agenda that had people in attendance and return to the City Attorney RFP's later in the meeting. At approximately 11 p.m. the Council reopened consideration of a legal firm to perform legal services for the City. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to retain Holmes and Graven law firm for municipal legal services for the City of Crystal. By roll call and voting aye: Moravec, Grimes, Rygg, Langsdorf; voting no: Carlson, Herbes, Smothers. Motion Carried. 3. The City Council reconsidered conditions for operation of outside cafe as requested by Steve O's, 4900 West Broadway. Those appearing and heard were: Bill Mavity, Attorney for Steven Weisman and Steven Weisman, owner of Steve O's. Moved by Councilmember Smothers and seconded by Councilmember Carlson to recommend approval of the operation of an outside cafe at Steve O's, 4900 West Broadway, with public liability insurance in the amount of $500,000 per occurrence. By roll call and voting aye: Grimes, Rygg, Carlson, Smothers, Herbes; voting no: Moravec, Langsdorf. Motion Carried. 4. Mary Lindner, owner of The Clothes Exchange, 2712 Douglas Drive, appeared before the City Council to discuss her second- hand goods' license. The Mayor recommended that staff work with the City Attorney on a means to exempt this type of operation from the existing license fee requirements for second hand goods dealers. 5. The City Council considered a variance of 5' in the required 30' front yard setback for a 6' x 14' screened porch which encroaches in the required 30' front yard setback at 5423 Welcome Avenue North. Moved by Councilmember Carlson to table the item to allow the builder to come to the Council and speak on his behalf. Motion failed for lack of a second. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve authorization pursuant to Section 515.55 of the Crystal City Code of a variance of 5' in the required 30' front yard setback for a 6' x 14' deck in lieu of a screened December 5, 1989 page 535 porch on the existing house at 5423 Welcome Avenue North as requested in application #89-39. Motion Carried. 6. The City Council considered a variance of 9' in the required 10' side street side yard setback for an 11' x 12' detached shed at 5955 Jersey Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Grimes to approve authorization pursuant to Section 515.55 of the Crystal City Code of a variance of 9' in the required 10' side street side yard setback for an 11' x 12' detached shed at 5955 Jersey Avenue North as requested in application #89- 41. Motion Carried. 7. The City Council considered a variance of 9' in the required 10' setback for a free standing sign at 5200 Douglas Drive. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the authorization of a variance of 9' in the required 10' setback for a free standing sign at 5200 Douglas Drive. Motion Carried. The City Council meeting was closed to conduct the meeting of the Economic Development Authority at 10:30 p.m. The meeting was reopened at 10:44 p.m. to conduct the remaining business of the City Council. 8. The City Council considered the Second Reading of an Ordinance Relating to Building Construction. Moved by Councilmember Moravec and seconded by Councilmember Grimes to adopt the following ordinance: ORDINANCE NO. 89-25 AN ORDINANCE RELATING TO BUILDING CONSTRUCTION: AMENDING CRYSTAL CITY CODE SECTION 400 BY ADDING A SUBSECTION: REPEALING CRYSTAL CITY CODE, SUBSECTION 400.01 and further, that this be the second and final reading. Motion Carried. 9. The City Council considered the gambling license renewal application for Minnesota Therapeutic Camp at Rostamos, 6014 Lakeland Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the gambling license renewal application December 5, 1989 page 536 for Minnesota Therapeutic Camp at Rostamos, 6014 Lakeland Avenue North. Motion Carried. 10. The City Council considered a Tax Increment Policy Statement of the Northern Mayors Association. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Tax Increment Policy Statement of the Northern Mayors Association. Motion Carried. 11. The City Council considered observations made by George M. Hansen Company, Auditors, relating to the system of internal control and accounting procedures. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to accept the report of the Auditors, George M. Hansen Company. Motion Carried. 12. The City Council considered a report from the Environmental Quality Commission on the need for a Housing Maintenance Code in Crystal and draft of Housing Maintenance Code. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to accept the report from the Environmental Quality Commission on the need for a Housing Maintenance Code in Crystal and the draft of the Housing Maintenance Code, and further to forward the draft Housing Maintenance Code to the Planning Commission and the Economic Development Authority Advisory Commission for their review, after which time the City Attorney will be asked to review the draft code prior to coming back to the City Council for a second review. Motion Carried. 13. The City Council considered the Planning Commission recommendation regarding the Long -Range Planning Commission work items and status. By consensus the Council accepted the recommendation of the Planning Commission, that the Planning Commission assume the appropriate work items (related to Planning) of the Long -Range Planning Commission while making the Long -Range Planning Commission inactive. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. December 5, 1989 page 537 Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 11:10 p.m. ATTEST: — City Clerk 1 J —Mayor December 19, 1989 page 538 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on December 19, 1989 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf (arrived at 7:06 p.m.). Also in attendance were the following staff members: Jerry Dulgar, City Manager; John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; William Barber, Building Inspector; Darlene George, City Clerk; Tom Heenan, Chief Sanitarian; Pat Brady, Animal Warden; Julie Jones, Redevelopment Coordinator. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the Regular City Council meeting of December 5, 1989. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of December 5, 1989. Motion Carried. By a poll of the City Council between its regularly scheduled meetings, Resolution No. 89-88 was unanimously adopted to honor J.J. Choromanski, President of The Bank North, upon his retirement, to be presented to him on Sunday, December 17, 1989. The City Council considered the following Consent Agenda: 1. Set public hearing for January 9, 1990 for consideration of a variance request for an over 4 ft. tall privacy fence in the front and side yard and parking in the front yard at 3425 Winnetka Avenue Torth as requested by Diane H. Schipper. 2. Set public heari-zg for January 9, 1990 for consideration of a variance requesting a second principal structure (telephone tower) on a lot at 5141 Lakeland Avenue North (Johnson Equipment Company), as requested by Dahlgren, Shardlow and Uban, Inc. for U.S. West New Vector Group. 3. Set 7:00 p.m., May 1, 1990 as the date and time for the 1990 Local Board of Review. 4. Consideration of a proposal from George M. Hansen Company regarding the 1939 Audit of the City. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve the Consent Agenda. Motion Carried. December 19, 1989 page 539 The City Council considered the following items on the Regular Agenda: 1. The City Council considered the applications for appointment to the Economic Development Authority Advisory Commission of Adrian Rygg, 4120 Brunswick Avenue North, and Edwin J. Krueger, Jr., 5009 - 52nd Avenue North. Moved by Councilmember Carlson and seconded by Councilmember Smothers to appoint Adrian Rygg, 4120 Brunswick Avenue North, and Edwin J. Krueger, Jr., 5009 - 52nd Avenue North to the Economic Development Authority Advisory Commission effective January 1, 1990. Motion Carried. Councilmember Langsdorf arrived at 7:06 p.m. 2. The City Council continued consideration of the First Reading of an Ordinance rezoning property at 3343 Vera Cruz Avenue North and for a conditional use permit to allow an auto repair -minor facility in a B-3 District. Those appearing and heard were: Robert Ayers, Developer; David Kievet, Architect; Angie Nord, 3332 Welcome Avenue North; Marlene Nelson, 3324 Welcome Avenue North; Ken Devine, 3512 Welcome Avenue North; Robert Costigan, 3422 Welcome Avenue North; Rick Thompson, 3550 Welcome Avenue North; Charles Hillstrom, 3333 Vera Cruz Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to deny request for rezoning and issuance of a conditional use permit to allow an auto repair -minor facility at 3343 Vera Cruz Avenue North based on the findings of fact of the Planning Commission. Motion Carried. The Mayor called a recess at 8:00 p.m. and the meeting was reconvened at 8:10 p.m. 3. Robert Deghetto, Councilmember from Minnetonka, gave a presentation regarding the Suburban Rate Authority as requested by the City Council. Moved by Councilmember Carlson and seconded by Councilmember Moravec to approve the City's involvement in the Suburban Rate Authority contingent upon the availability of funds in the budget. By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Langsdorf, Smothers; abstaining: Herbes. Motion Carried. 4. The City Council considered a conditional use permit to allow an amusement center (billiards) in a B-4 (Community December 19, 1989 page 540 Commercial) District at 5311 - 36th Avenue North as submitted by Bill Nicklow (Anthony Shopping Center). Bill Nicklow appeared and was heard. Moved by Councilmember Carlson to table the item. After discussion Councilmember Carlson withdrew his motion to table. Moved by Councilmember Carlson and seconded by Councilmember Smothers to continue until January 9 the discussion of conditional use permit #89-42 to allow an amusement center (billiards) in a B-4 (Community Commercial) District in the Anthony Shopping Center, 5311 - 36th Avenue North, as requested by Bill Nicklow of the Anthony Shopping Center for removal of garage and shack from the premises. By roll call and voting aye: Moravec, Rygg, Carlson, Langsdorf, Smothers, Herbes; voting no: Grimes. Motion Carried. 5. Cheryl Jones, 6013 - 47th Avenue North, appeared before the City Council regarding ferrets in the City of Crystal. Others appearing and heard were: Laurie and Randy Sellers, no address given; Dave ?, 4151 Boone, New Hope; Rick Cameron, Veterinarian, 8118 Bass Lake Road, New Hope; Joel Johnson, 14920 Paul Ave. N.; Stacy Schmidt, no address given; Brian Sullivan, University of Minnesota Veterinarian School; Kevin Lichtscheidl, 6000 - 47th Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to leave the ordinance regulating ferrets in the City as it is. By roll call and voting aye: Moravec, Grimes, Smothers, Langsdorf; voting no: Rygg, Carlson, Herbes. Motion Carried. 6. The City Council considered the Second Reading of an Ordinance relating to Sewer, Water and Street Lighting Rates and Charges. Moved by Councilmember Grimes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89-26 AN ORDINANCE RELATING TO SEWER, WATER AND STREET LIGHTING RATES AND CHARGES: AMENDING CRYSTAL CITY CODE SUBSECTION 710.05 AND SUBSECTION 715.13, SUBDIVISIONS 1 AND 4 and further that this be the second and final reading. Motion Carried. December 19, 1989 page 541 7. The City Council considered a Statement of Support for the National Guard and Reserve. Moved by Councilmember Smothers and seconded by Councilmember Carlson to approve a Statement of Support for the National Guard and Reserve as presented by the National Committee for Employers Support of the National Guard and Reserve. Motion Carried. 8. The City Council considered the designation of a legislative contact person for the year 1990 as requested by the Association of Metropolitan Municipalities. Moved by Councilmember Langsdorf and seconded by Councilmember Carlson to appoint the City Manager as the legislative contact person for 1990 as requested by the Association of Metropolitan Municipalities, and place designation of an alternate on the January 2, 1990 meeting when new Councilmembers will be in office. Motion Carried. 9. The City Council considered a resolution transferring funds. Moved by Councilmember Smothers and seconded by Councilmember Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 89-89 RESOLUTION TRANSFERRING FUNDS By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Herbes, Smothers, Langsdorf. Motion carried, resolution declared adopted. 10. The City Council discussed the acquisition of property at 5231 Douglas Drive. Staff was directed to send this item to the Economic Development Authority Advisory Commission. 11. The City Council discussed the City Manager Evaluation form. The Mayor asked that each Councilmember fill out the form and return it. 12. The City Council considered the First Reading of an Ordinance relating to Second Hand Goods Dealers. Moved by Councilmember Carlson and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 89 - AN ORDINANCE RELATING TO SECOND HAND GOODS DEALERS: AMENDING CRYSTAL CITY CODE, SUBSECTION 1175.03 BY ADDING A CLAUSE December 19, 1989 page 542 and further that the second and final reading be held on January 9, 1990. Motion Carried. 13. The City Council reconsidered an increase in salary for the Crystal Fire Department. Moved by Councilmember Grimes and seconded by Councilmember Rygg to approve the salary increase for the Crystal Fire Department as recommended by the City Manager, namely, call pay for firefighters-$7.25/hour, officers-$7.75/hour; drill pay-firefighters-$6.50/hour, officers-$6.50/hour; duty pay- $22.50/shift. By roll call and voting aye: Moravec, Grimes, Rygg, Carlson, Smothers, Langsdorf; abstaining: Herbes. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve the list of license applications as submitted by the City Clerk to the City Council, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 10:20 p.m. Mayor ATTEST: City Clerk