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1988 City Council Minutes5 JANUARY 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on January 5, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also present were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Nancy Deno, Administrative Assistant; Darlene George, City Clerk. Staff members absent were: Donald Peterson, Building Inspector. 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 22, 1987. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the minutes of the regular City Council meeting of December 22, 1987. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Reappointment of Steven R. Voss to the Environmental Quality 7. Reappointment of Walter J. Sochacki to the Parks & Recreation Advisory Commission for a term ending December 31, 1990. 8. Reappointment of Liz Reid to the Parks & Recreation Advisory Commission for a term ending December 31, 1990. Commission for a term ending December 31, 1990. 2. Reappointment of Hugh Munns to the Environmental Quality Commission for a term ending December 31, 1990. 3. Reappointment of Judy Rice to the Human Relations Commission for a term ending December 31, 1990. 4. Reappointment of Darla J. Carlson to the Human Relations Commission for a term ending December 31, 1990. 5. Reappointment of Linda E. Museus to the Human Relations Commission for a term ending December 31, 1990. 6. Reappointment of Carolyn Carlson to the Human Relations Commission for a term ending December 31, 1990. 7. Reappointment of Walter J. Sochacki to the Parks & Recreation Advisory Commission for a term ending December 31, 1990. 8. Reappointment of Liz Reid to the Parks & Recreation Advisory Commission for a term ending December 31, 1990. 187 5 JANUARY 1988 9. Reappointment of Burton Genis to the Parks & Recreation Advisory Commission for a term ending December 31, 1990. 10. Reappointment of David B. Anderson to the Planning Commission for a term ending December 31, 1990. 11. Reappointment of Yvonne H.J. Halpaus to the Planning Commission for a term ending December 31, 1990. 12. Reappointment of Debra K. Guertin to the Planning Commission for a term ending December 31, 1990. 13. Reappointment of Cyril Soukup to the Cavil Service Commission for a term ending December 31, 1990. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. Before the Council began the Regular Agenda items, Mayor Aa.ker suggested that due to the fact we have two (2) Section councilmembers and four (4) Ward councilmembers, the two Section councilmembers rotate annually as Mayor Pro Tem and Association of rietropo liton Municipalities (AMM) Alternate with the Mayor serving as the Representative to AMM; and the four (4) Ward councilmembers each act as liaison to one of the four advisory commissions, namely, Park & Recreation Advisory Commission, Environmental Quality Commission, Human Relations Commission, and Long -Range Planning Commission. Appointments to various other groups and commissions would be made as they occur. Suggestions for the year 1988 were as follows: John Moravec - Mayor Pro Tern Mayor Thomas Aaker - AMM Representative R. L. (Rollie) Smothers - AMM Alternate Steven Leppa - Park & Recreation Advisory Commission Pauline Langsdorf - Environmental Quality Commission Betty Herbes - Human Relations Commission Adrian Rygg - Long -Range Planning Commission Moved by Councilmember Geppa and seconded by Councilmember Smothers to accept Mayor Aaker's recommendation for appointments for the year 1988. Motion Carried. The City Council consil6ered the designation 7)f the official depository for the City of Crystal for 1988. Moved by Councilmember Smothers and seconded by Councilmember Moravec to designate The Bank North as the official depository for the City of Crystal foc the year 1988. WN 5 JANUARY 1988 Motion Carried. The City Council considered the designation of the official newspaper for the City of Crystal for 1988. Moved by Councilmember Herbes and seconded by Councilmember Moravec to designate The North Hennepin Post as the official newspaper for the City of Crystal for the year 1988. Motion Carried. The City Council considered the appointment of a representative to the Joint Water Commission for the year 1988. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to appoint Councilmember Leppa as the representative to the Joint Water Commission for the year 1988. Motion Carried. The City Council considered the appointment of a representative to the Tri -Community Twin Lake Study Committee for the year 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Councilmember Leppa as a representative to the Tri -City Twin Lake Study Committee for the year 1988. Motion Carried. The City Council considered the appointment of representatives to the Northwest Suburbs Cable Communications Commission for the year 1988. Moved by Councilmember Moravec and seconded by Councilmember Herbes to appoint Mayor Aaker and John T. Irving, 7020 - 45th Place North, as representatives to the Northwest Suburbs Cable Communications Commission for the year 1988. Motion Carried. The City Council considered the appointment of a Commissioner and Alternate Commissioner to the Bassett Creek Flood Control Commission for a three-year term expiring January 31, 1991. Moved by Councilmember Smothers and seconded by Councilmember Rygg to appoint William Monk, City Engineer, as Commissioner and Councilmember Herbes as Alternate Commissioner to the Bassett Creek Flood Control Commission for a three-year term expiring January 31, 1991. Motion Carried. The City Council considered the appointment of a Commissioner and Alternate Commissioner to the Shingle Creek Watershed Management 1 1 L HMO 5 JANUARY 1988 Commission for a three-year term expiring February 1, 1991. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to appoint William Monk, City Engineer, as Commissioner and Councilmember Herbes as Alternate Commissioner to the Shingle Creek Watershed Management Commission for a three-year term expiring February 1, 1991. Motion Carried. The City Council_ considered the appointment of a. representative on the Light Rai-'. Transit Advisory Committee. Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Jerry Dulgar as a representative on the Light Rail Transit Advisory Committee. Motion Carried. The City Council considered the appointment of a representative on the LOGIS Board of Directors. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to appoint Jerry Duly ac, City Planager, as a representative and Nancy Deno, Adm2ni.strat4-ve Assistant, as the Alternate on the LOGIS Board of Directors. Motion Carried. The City Council considered a resolution regarding parking restrictions on one side of 34th Avenue between Vera Cruz and Welcome Avenues. Durwin Ward, 3356 Welcome Avenue North, appeared and was heard. Moved o y Councilmember Smothers and seconded by Councilmember Moravec to take the item, which was tabled at the December 22, 1987 meet°_ng, off the table. Motion Carried. Moved by Councilmember Rygg and seconded by Council ]-member Leppa to adopt the following cesol.ution, the reading •-�f which was dispensed with by unanimous consent: RESOLUTION NO. 88-1 A RESOLUTION RESTRICTING PARKING ALONG 34TH AVENUE BETWEEN WELCOME AVENUE AND VERA CRUZ By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carri,-d, resolution declared adopted. 190 5 JANUARY 1988 The City Council considered the gambling license application for the Church of All Saints at The Paddock Bar, 5540 Lakeland Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to table the item until State investigations are complete. Motion Carried. The City Council considered the gambling license for the Minnesota Therapeutic Camp at Rostamo's, 6014 Lakeland Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the gambling license application for Minnesota Therapeutic Camp at Rostamo's as presented. Motion Carried. The City Council considered the First Reading of an ordinance naming a park Lion's Soo Line Park. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO PARKS: NAMING A PARK and further, that the second and final reading be held on January 19, 1988. Motion Carried. The City Council considered a resolution authorizing a feasibility study for improvements to 36th Avenue between Welcome and Louisiana Avenues North. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88 - RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT ON IMPROVEMENTS TO 36TH AVENUE BETWEEN WELCOME AND LOUISIANA AVENUES Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue discussion of the feasibility study to the January 19, 1988 meeting to allow staff time to prepare a report 1 1 1 191 5 JANUARY 1988 before working with a consultant. By roll call and voting aye: Smothers, Moravec, Rygg, Langsdorf, Aaker; voting no: Leppa, Herbes. Motion Carried. The City Council considered an addendum to the contract with Funk Animal Hospital to increase feed for animal impound services for the year 1988, as follows: Administrative Boarding Fee Euthanasia and Disposa' Fee Fee Disposal Fee $110.00 4.75/night 15.00/aaiulal 12.00/animal Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve an addendum to the contract wita Funk A)iima.l Hospital to increase fees r-' or an I mal impound sacv L(:Ps as proposed for the year 1983. Mot7.Do Carried. The City Council considered a resolution in support of increasing funding for the Northern Mayors' Association. Moved by Councilmember Herbes and seconded by Councilmember Leppa to ,:ontinue discussion of increased funding for the Northern Mayors' Association to the January 19, 1933 Council meeting to allow time to get more information on what other cities are doing. Motion Carried. The City Council considered an agreement between Northwest Community Television and the City of Crystal for cablecasting City Council meetings. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve an agreement between Northwest Community Television and the City of Crystal for cablecasting City Council meetings and further, to authorize the Mayor and City Manager to sign such an agreement. Motion Carried. The City Council considered the appointment of a representative to the Association of Metropolitan municipal ties (AMM) Legislative Contact Person Program. Moved by Councilmetuber Herbes and seconded by Councilmember Smothers to appoint Jerry Dulgar, City Manager as the Representative and Councilmember Rygg as the Alternate. 192 5 JANUARY 1988 Motion Carried. The City Council considered non-union employees' salaries and benefits for 1988. Councilmember Herbes called for a recess and the Mayor obliged at 8:20 P.M. The meeting was reconvened at 8:30 P.M. Discussion resumed on the 1988 non-union employees' salaries and benefits for 1988. Moved by Councilmember Leppa and seconded by Councilmember Moravec limit approval to the 3% increases and continue looking at increases that exceed 30, directing staff to present a form showing increases by job classification (including the percentages) for 1986, 1987 and proposed 1988. Moved by Councilmember Leppa and seconded by Councilmember Moravec to rescind the motion and move to continue discussion of all non-union employees' salaries and benefits for 1988 to the January 19, 1988 Council meeting and direct staff to have the report to them for the years 1986, 1987 and proposed 1988 salaries in the packet on Friday, January 15, 1988. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, 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. Mayor Aaker reminded councilmembers who attended the League of Cities Conference in Las Vegas to submit their written reports on the conference. The City Council directed staff to conduct a survey of jail rates of surrounding cities and Hennepin County, what cities have overnight incarceration, is it a 48 hour or a 72 hour facility, how many cities bring them to Crystal, could something be worked out with other communities, cost of staffing and cost to transport to court. Mayor Aaker advised councilmembers of a resignation letter received from Barbara Nemer creating a vacancy in the Housing and Redevelopment Authority of the City of Crystal and also a vacancy on the Northwest Hennepin Human Services Council Advisory Board created by the resignation of Elsa Skogerboe. Councilmember Rygg commended Mayor Aaker for his letter to the 1 1 193 5 JANUARY 1988 City of New Hope regarding the Memory Lane drainage system. City Manager Jerry Dulgar advised the Council that New Hope would be contacting Crystal to meet regarding same. The City Council directed staff to review the ordinance on animal charges and rates to license and prepare a report for the January 19, 1988 Council meeting. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Meeting adjourned at 9:00 P.M. ATTEST: Z -4,1!e";46 3�� City Clerk Mayor Motion Carried. 194 19 JANUARY 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on January 19, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also present were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney (arrived at 8:15 P.M.); William Monk, City Engineer; William Barber, Assistant Building Inspector; Nancy Deno, Administrative Assistant; 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 January 5, 1988. Councilmembers Smothers, Herbes and Rygg spoke in opposition of the approval of the minutes due to the fact of the way the Council appointments to various commissions had been accomplished at the January 5, 1988 Council meeting. Mayor Aaker informed the concerned councilmembers that the minutes reflected the action that was taken by the Council. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the minutes of the regular City Council meeting of January 5, 1988. By roll call and voting aye: Leppa, Moravec, Langsdorf, Aaker; voting no: Smothers, Herbes, Rygg. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of the resignation of Elsa Skogerboe as the Crystal Representative on the Northwest Hennepin Human Services Advisory Commission. 2. Consideration of the resignation of Barbara Nemer from the Crystal Housing and Redevelopment Authority, effective February 1, 1988. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. Brooklyn Park Mayor Krautkremer appeared before the City Council regarding the Northern Mayors' Association proposal. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was 1 n 195 19 JANUARY 1988 dispensed with by unanimous consent: RESOLUTION NO. 88-2 RESOLUTION IN SUPPORT OF INCREASING FUNDING FOR THE NORTHERN MAYORS' ASSOCIATION By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered the First Reading of an ordinance rezoning property at 3401 Vera Cruz Avenue North from R-1 (Single-family) to B-4 (Community Commercial); and also to approve the site agreements for the property. Moved by Councilmember Smothers and seconded by Councilmember Leppa to continue First Reading of the ordinance to rezone property at 3401 Vera Cruz Avenue North to February 16, 1988, to allow staff time to contact the Minnesota Department of Transportation regarding the 36th Avenue and TH 100 construction project and its possible affect on the rezoning of this property. Motion Carried. The City Council considered a conditional use permit application to allow a convenience food establishment (take out pizza) in a B-4 (Community Commercial) District at 3545 Douglas Drive. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve, as recommended by and based on the findings of fact of the Planning Commission, conditional use permit #87-75 to allow a convenience food establishment in a B-4 District at 3545 Douglas Drive. Motion Carried. The City Council considered a sign permit for the Hennepin County Library at 6401 - 42nd Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a sign permit for the Hennepin County Library located at 6401 - 42nd Avenue North. Motion Carried. The City Council considered a resolution regarding the second amendment to the Developer's Agreement with Brutger Companies for the Senior Citizens Apartment Building. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 196 19 JANUARY 1988 RESOLUTION NO. 88-3 A RESOLUTION REGARDING THE SECOND AMENDMENT TO THE DEVELOPERS AGREEMENT WITH BRUTGER COMPANIES FOR THE SENIOR CITIZENS APARTMENT BUILDING By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The Mayor delayed Item #6 on the agenda until the City Attorney's arrival. The City Council considered a control program concerning the Canadian goose population. Moved by Councilmember Moravec and seconded by Councilmember Rygg to table the item indefinitely until such time as it creates a problem in the City. Motion Carried. The City Council considered the Second Reading of an ordinance naming a park, Lions Soo Line Park. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 88-1 AN ORDINANCE RELATING TO PARKS: NAMING A PARK and further, that this be the second and final reading. Motion Carried. The City Council considered a resolution authorizing a feasibility study for improvements to 36th Avenue between Louisiana and Welcome Avenues North. Moved by Councilmember Moravec to table indefinitely to inquire of State Aid funds as they relate to truck traffic and also to have staff contact the City of New Hope. Motion failed for lack of a second. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88- 1 1 1 197 19 JANUARY 1988 RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT ON IMPROVEMENTS TO 36TH AVENUE BETWEEN LOUISIANA AND WELCOME AVENUES By roll call and voting aye: Herbes, Smothers, Leppa; voting no: Moravec, Aaker, Rygg, Langsdorf. Motion failed. The City Council considered a resolution regarding retention period for tape recordings of City meetings. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-4 RESOLUTION ESTABLISHING RETENTION PERIOD FOR TAPE RECORDINGS OF CITY MEETINGS Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to amend the resolution to reflect a 3 -year retention of tape recordings of City meetings rather than a 1 -year retention period. Motion Carried. Voting on the resolution establishing retention period for tape recordings of City meetings as amended: By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion Carried. The Mayor called a recess at 8:13 P.M. and the meeting was reconvened at 8:26 P.M. at which time the City Attorney arrived and Item #6 was considered. The City Council considered a resolution approving a Joint Powers Agreement between the cities of Crystal, Brooklyn Center, Brooklyn Park and New Hope for the purpose of providing organized garbage collection and recycling for Crystal residents. Jim Erickson, Attorney for Browning Ferris Industries; Tom Heenan, City of Crystal Sanitarian; and Julie Jones, Recycling Coordinator appeared and were heard. Moved by Councilmember Smothers to continue the item for thirty days to allow the garbage haulers serving the City of Crystal to get together and come up with a plan. Motion failed for lack of a second. UM 19 JANUARY 1988 Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-5 RESOLUTION APPROVING A JOINT POWERS AGREEMENT TO FORM THE HENNEPIN RECYCLING GROUP By roll call and voting aye: Moravec, Rygg, Langsdorf, Leppa; voting no: Aaker; abstaining: Herbes, Smothers. Motion Carried. The City Council considered the First Reading of an ordinance relating to lawful gambling. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO LAWFUL GAMBLING: AMENDING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 8 and further, that the second and final reading be held on February 2, 1988. Moved by Councilmember Leppa and seconded by Councilmember Moravec to amend the ordinance to include the three percent (3%) tax on gross earnings, allowable by State law to be levied to cities, as well as the ten percent (10%) donation to a specific organization in the City, and direct the City Attorney to make such changes for the Second Reading of the ordinance. Voting on the main motion as amended: Motion Carried. Motion Carried unanimously. Discussion was held as to where the contributions from charitable gambling should be used in the City. The City Attorney advised that the ordinance states that the City Council may specify by resolution where the contributions are to be used. The City Council considered the non-union employees' salaries and benefits for 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the recommendations of the City Manager for non-union employees of one (1) additional holiday per year and an additional $5.00 per month employer insurance contribution, for WX 19 JANUARY 1988 uniformity with the union benefits, and salaries as follows, retroactive to January 1., 1988: Position Jan. 1 July 1 Police Chief $54,894 Public works Director 48,436 Assistant City Manager 46,000 Finance Director 48,635 Assistant City Engineer 39,415 $41,385 Water & Sewer Superintendent 37,678 39,562 Park & Recreation Director 45,883 Administrative Assistant 38,206 41,262 City Clerk 34,130 37,543 Street Superintendent 36,162 37,970 Sanitarian III 37,167 38,654 Assist. Park & Recreation Director 36,263 City Assessor 38,749 Park Supervisor 33,986 35,685 Fire Chief/Marshal 40,970 Building Inspector 37,339 Assistant Building Inspector 32,816 Recreation Supervisor 33,137 Sanitarian II 30,066 32,471 Engineering Aide IV 33,284 Appraiser 31,766 33,354 Juvenile Specialist 34,702 Engineering Aide II 25,908 Special Assessments Clerk 22,603 24,411 Assessing Clerk 18,920 20,812 Engineering Clerk 20,672 22,325 Utility Billing Clerk 23,260 Administrative Secretary 22,572 23,249 Accounting Clerk 23,207 Police Secretary 23,844 Custodian 21,940 Payroll Clerk 19,400 20,467 Health Department Secretary 20,634 Building Department Clerk 19,518 20,591 Finance Secretary 17,490 18,452 Switchboard Operator 16,513 18,164 Park Secretary 18,527 Motion Carried. The Mayor recognized the Crystal Lions Club for their donations to the Police Department and the Park and Recreation Department and expressed the City's thanks and appreciation. Councilmember Langsdorf also expressed her thanks and appreciation to the Crystal Lions Club. The City Council discussed the use of local businesses for the repair of City vehicles and directed staff to advise them of the number of accidents we have had on City vehicles and to investigate 200 19 JANUARY 1988 the use of body shops located in Crystal for the repair of the vehicles. The City Council directed staff to include contributions to the City from charitable gambling in the City Newsletter. Councilmembers Herbes, Rygg and Smothers discussed objections to the method used to make Council appointments to the various commissions. Moved by Councilmember Herbes and seconded by Councilmember Smothers to reconsider the appointments. By roll call and voting aye: Herbes, Rygg, Smothers; voting no: Moravec, Langsdorf, Leppa Aaker. Motion failed. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, 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 Herbes to adjourn the meeting. The meeting was adjourned at 10:15 P.M. —�— Mayor ATTEST: City Clerk Motion Carried. 1 201 2 FEBRUARY 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on February 2, 1.988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council_ called the roll. and the following were present: Herbes, Moravec, Langsdorf, Aaker, Leppa, Smothers; absent: Rygg. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; 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 January 19, 1988. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the minutes of the regular City Council meeting of January 19, 1988. Moved by Councilmember Smothers and seconded by Councilmember Herbes that due to the fact the City Council has a joint meeting with the Long -Range Planning Commission on February 9, 1988 to discuss the five-year plan which includes park improvements, this item be continued to the March 1, 1988 City Council meeting. Motion Carried. The City Council. considered insurance proposals for Agent of Record for workers' compensation, general liability, auto and public officials' insurance. Moved by Councilmember Herbes Motion Carried. The City Council considered playground equipment for Forest School/Park. Diane Hilden of the Forest School PTA and Edward Brandeen, Park and Recreation Director, appeared and were heard. The Mayor :informed the Council and audience that the City Clerk had received three calls from parents of students at Forest School in Second Reading of an ordinance support of the playground equipment (Katie McCarty, Diane Christenson, and April White). Moved by Councilmember Smothers and seconded by Councilmember Herbes that due to the fact the City Council has a joint meeting with the Long -Range Planning Commission on February 9, 1988 to discuss the five-year plan which includes park improvements, this item be continued to the March 1, 1988 City Council meeting. Motion Carried. The City Council. considered insurance proposals for Agent of Record for workers' compensation, general liability, auto and public officials' insurance. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to appoint the Towle Agency as Agent of Record for insurance for the City of Crystal at the rate of $8,650 for the next three years. Motion Carried. The City Council considered the Second Reading of an ordinance regarding lawful gambling. 202 2 FEBRUARY 1988 Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 88-2 AN ORDINANCE RELATING TO LAWFUL GAMBLING: AMENDING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 8: REPEALING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 9; ADDING A NEW SUBDIVISION and further, that this be the second and final reading. Motion Carried. The City Council considered a resolution regarding charitable gambling contributions within the City of Crystal. Moved by Councilmember Leppa and seconded by Councilmember Smothers to continue to the March 1, 1988 meeting to allow staff to investigate approximate amounts of money involved. Motion Carried. The City Council considered the gambling license for the Elks Lodge 444. No action was taken. The City Council considered a resolution setting forth procedural matters for Council meetings and consideration of First Reading of an ordinance amending Crystal City Code to reflect those procedures. 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. 88-6 A RESOLUTION SETTING FORTH PROCEDURAL MATTERS FOR COUNCIL MEETINGS By roll call and voting aye: Herbes, Moravec, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Rygg. Motion carried, resolution declared adopted. Consideration of the First Reading of the ordinance amending Crystal City Code to reflect above procedures went as follows: Moved by Councilmember Smothers and seconded by Councilmember Leppa to amend the proposed ordinance to change Sec. 2, 200.17. Order of Business, by switching the order of Item 7 (Open Forum) and Item 8 (Regular agenda items). 203 2 FEBRUARY 1988 Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Herbes to adopt the following ordinance as amended: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO CITY COUNCIL MEETINGS: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 200.07 AND 200.15: REPEALING CRYSTAL CITY CODE, SUBSECTION 200.13; ADDING A SUBSECTION TO SECTION 200 and further, that the second and final. reading be held on February 16, 1988. Motion Carried. The City Council considered the right Rail Transit Station locations. Reports were given by Councilmember Herbes who serves on the Northwest Corridor Task Force and from William Monk who serves on the Technical Committee of the Northwest Corridor. Mayor Aaker stated that the preference of locations #15 and #16 would be carried back to the various committees. The City Council discussed the reports to be submitted by counci_lmembers who attended the National League of Cities Conference in Las Vegas December 12-16, 1987. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf that any councilmember in attendance at the National League of Cities Conference in Las Vegas who has not submitted a report by the February 16, 1988 meeting should not have expenses approved or allocated for the forthcoming National League of Cities Conference in Washington, D.C. in March of 1988. By roll call and voting aye: Leppa, Langsdorf, Moravec, Aaker; voting no: Smothers, Herbes. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. 204 2 FEBRUARY 1988 Meeting adjourned at 8:03 P.M. Mayor ATTEST: (f City Clerk 1 f 1 1 L- 205 16 FEBRUARY 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on February 16, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal., Minnesota. The Secretary of the Council called the roll_ and the following were pce.sent: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers. Those absent,- Moravec. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; Darlene George, City Clerk; Ed Arandeen, Park and Recreation Director, Julie Jones, Recycling 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 February 2, 1988. Moved by Councilmember Herbes and seconded by Counc.lmember Smothers to approve the minutes of the regular City Council meeting of February 2, 1988. Motion Carried. Mayor Thomas Aaker presented a $100 check to James N. Skiff, the recycling raffle winner from the January 1988 drawing. Mr. Howard Niggeler, Commander, and Stan Mueller_, of the Charles Knaeble VFW Post #494 of Crystal, presented a check in the amount of $15,000 to the City of Crystal to purchase playground equipment at Twin Oak Park. The City Council_ considered the following items on the Consent Agenda: 1. Se', 7:00 P.M , or as soon t`ieroaf`ei heard, March 15, 1.98 8, as the date hearing at which time the City Council Adjustments and Appeals to consider Wel ;,man to vary the required number of non -conforming structure, and to vary re(ILlirement: at 4900 W,-st Broadway. as the matter may be :.ad time for a. public aril'_ s4.t as a Board of a request from Steve parking stalls, to vary the front yard setback 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, March 15, 1988, as the date and time for a public heacirng at which time the City Council will consider tentative approval of proposed plat Finley Ard l.ti.on '_ocated at 3209 Florida Avenue North. 3. Consideration of a request to continue until April 5, 1988, the discussion of the application to rezone property at 3401 Vera Cruz from R-1 to B-4 as submitted by Herb Elfstrom. 206 16 FEBRUARY 1988 4. Consideration of the appointment of an Assistant Weed Inspector for 1988. 5. Consideration of setting May 21, 1988, from 12:30 P.M. to 3:30 P.M. as the date and time for the Crystal Rabies Vaccination Clinic to be held at the City Garage, 6125 - 41st Avenue North. 6. Acknowledgment of a donation of $3,000 from the Crystal Lions Club for playground equipment at Lions Valley Place Park. 7. Consideration of a request for a solicitor's permit for Northwest YMCA for a city-wide food drive on March 5, 1988, from 5:00 P.M. to 8:00 P.M. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. The City Council considered a request from Brutger Companies for a building permit for construction of a 79 -unit senior citizen rental housing building at 6315 - 55th Avenue North. Mr. Steve Wilson of Brutger Companies appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve as recommended by the Planning Commission, building permit #237 for Brutger Companies to construct a 209 x 254 sq. ft. 79 -unit senior citizen rental housing building at 6315 - 55th Avenue North, subject to standard procedure. Motion Carried. The City Council considered the applications of Marlyn H. Theisen, David Larson, Martha Broberg Harrison, and Mary Moucha for appointment to the Park and Recreation Advisory Commission. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to appoint Mary Moucha to the Park and Recreation Advisory Commission for an unexpired term expiring December 31, 1988. Motion Carried. The City Council considered a resolution approving the revised Recycling/Refuse Joint Powers Agreement. Julie Jones, Recycling Coordinator, appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-7 RESOLUTION APPROVING REVISED JOINT POWERS AGREEMENT IN ESTABLISHING THE HENNEPIN RECYCLING GROUP 207 16 FEBRUARY 1988 By roll call and voting aye: Herbes, Rygg, Langseorf_, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. The City Council considered the Second Reading of an ordinance regarding procedures of City Council. meetings. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following ordi-nance: ORDINANCE NO. 88-3 All ORDINANCE RELATING TO CITE,' COUNCIL MEETINGS: AMENDING CR'LSTAL CITY CODE, SIJ13SECTI0cIS 200.07 AND 200.15- REPEALING CRYSTAL CIT`' CODE, SUBSECTION 200.13; A11D ADDING A SUBSECTION TO SECTION 200 and further, that this be the second and final reading. Motion Carried. The City Council discussed an advisory committer: to he established by the Regional Transit Board. Moved by Councilmember Leppa- and seconded by Councilmember Smothers to recommend the application for appointment of Mayor Thomas Aaker to the Chairman's Advisory Committee of the Regional Transit Board. Motion Carried. The City Council considered Change Order No. 4 and the final project payment for Becker Park improvements. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve Change Order No. 4 for Becker Park improvements. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve final. project payment to Hardrives, Incorporated, for Becker Park improvements. Motion Carr4ed. The City Council_ considered a bid for an emergency standby generator system for the South Sewer Life Station oa 32nd Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the `o''_ow.ng ceso'ution, the reading of which was dispensed with ley unanimous consent: RRS0I,UTI0N NO. 88-8 16 FEBRUARY 1988 RESOLUTION AWARDING CONTRACT FOR EMERGENCY/ STANDBY GENERATOR AT SOUTH SANITARY SEWER LIFT STATION ON 32ND AVENUE By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. The City Council considered 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 Herbes and seconded by Councilmember Langsdorf to approve a lease agreement with the Knights of Columbus and the City of Crystal for the Crystal Senior Center and Congregate Dining Program, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Tom Donnelly and wife of 6920 Markwood Drive appeared and were heard concerning hockey pucks coming on their property from the hockey rink at Crystal Highlands Park. Mayor Aaker asked the City Council to consider his appointment of John T. Irving, 7020 - 45th Place North, to the Crystal HRA for a 5 -year term expiring February 1, 1993. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve the Mayor's appointment of John T. Irving, 7020 - 45th Place to the Crystal Housing and Redevelopment Authority for a 5 -year term expiring February 1, 1993. By roll call and voting aye: Rygg, Langsdorf, Aaker, Leppa, Smothers; abstaining: Herbes; absent, not voting: Moravec. Motion Carried. Mayor Aaker read a letter which the Police Chief received from the Knights of Columbus Father William Blum Council No. 3656 wherein they commended Officer David Bordwell and the entire Police Department for services to their organization, and included a check in the amount of $200 to be used wherever the Police Department deems appropriate. City Manager Dulgar reported on the Legislative Conference he attended Councilmember on February 16, 1988. Langsdorf suggested that the League of Cities look into other than Tuesday evenings for meetings as many cities hold their Council meetings on Tuesdays. City Manager Dulgar reported that several cities had voiced the same concern. f 1 LJ 209 16 FEBRUARY 1988 Councilmember Rygg reminded the Council of the birthday party of Congressman Martin Sabo on February 28, 1988 and also the Twin West Chamber's Membership Luncheon on February 25, 1988 at which the Executive Director of the Metropolitan Airport Commission will appear to discuss a northern airport site. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, 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 Counci.).member Herbes and seconded by Councilmember Leppa to adjourn the meeting. The meeting was adjourned at 8:15 ATTEST: City Clerk P.M. Mayor Motion Carried. 210 1 MARCH 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on March 1, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec,, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, Attorney; William Monk, City Engineer; Donald Peterson, Building Inspector; Darlene George, City Clerk; Julie Jones, Community Development 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 February 16, 1988. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the minutes of the regular City Council meeting of February 16, 1988. Julie Jones, Community Development Coordinator. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the public hearing. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent, modified to indicate $51,618 rather than $52,368 for Acquisition of Blighted Housing and $8,750 rather than $8,000 for Senior Transportation Project: RESOLUTION NO. 88-9 A RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL By roll call and voting aye: Herbes, Moravec, Rygg,, Langsdorf, Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider allocation of Year XIV Community Development Block Grant Funds and the reprogramming of $36,003 of Year XIII Community Development Block Grant Funds. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Julie Jones, Community Development Coordinator. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the public hearing. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent, modified to indicate $51,618 rather than $52,368 for Acquisition of Blighted Housing and $8,750 rather than $8,000 for Senior Transportation Project: RESOLUTION NO. 88-9 A RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL By roll call and voting aye: Herbes, Moravec, Rygg,, Langsdorf, i Aaker, Leppa, Smothers. 211 1 MARCH 1988 Motion carried, resolution declared adopted. 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. 88-10 RESOLUTION APPROVING REPROGRAMMING OF $36,003 OF YEAR XIII CDBG FUNDS INTO SCATTERED SITE ACQUISITION By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered the application of Martha J. Broberg -Harrison to the Northwest Hennepin Human Services Council's Advisory Board for a two-year term expiring December 31, 1989. Moved by Councilmember Moravec and seconded by Councilmember Rygg to appoint Martha J. Broberg -Harrison to the Northwest Hennepin Human Services Council's Advisory Board for a two-year term expiring December 31, 1989. Motion Carried. The City Council considered playground equipment for the park area at Forest School. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to continue this item to the March 15, 1938 meeting. Motion Carried. The City Council considered tree removal and tree trimming bids for 1988. 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. 88-11 RESOLUTION AWARDING A CONTRACT FOR TREE TRIMMING AND TREE REMOVAL FOR 1988 By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 212 1 MARCH 1988 Mayor Aaker acknowledged the receipt of donations to the City of Crystal from the Knights of Columbus in the amount of $800 and from the Crystal Firemen's Auxiliary in the amount of $400 for permanent seating for the Becker Park Performing Arts stage area. The City Council considered a request from Big Brothers/Big Sisters to terminate their lease for rental space at Thorson Community Center effective March 31, 1988 and to waive the 90 -day requirement notification for breaking such lease. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve termination of Big Brothers/Big Sisters' lease at Thorson Community Center effective March 31, 1988 and to waive the 90 -day requirement notification for breaking such lease. Motion Carried. The City Council considered designating a Director for the Joint Powers Agreement on Refuse and Recycling Collection. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to designate the City Manager as a Director for the Joint Powers Agreement on Refuse and Recycling Collection. Motion Carried. William Monk, Public Works Director, presented a review of flood related issues from the July, 1987 rainstorm. The City Council considered a resolution expressing concern regarding the proposed amendments to the Minnesota Tax Increment Financing Law. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-12 RESOLUTION EXPRESSING CONCERN REGARDING SENATE TAX INCREMENT FINANCING BILL Moved by Councilmember Leppa and seconded by Councilmember Smothers to amend the motion to eliminate the words "expressing concern" in the title of the resolution, and adding the following to the last paragraph of the resolution, after opposition: "and urging the bill be studied further and brought back to the next Legislative Session." Councilmember Moravec asked that there be a division of the two items included in the amended motion for the vote. Voting on the elimination of the words "expressing concern" from 213 1 MARCH 1988 the title of the resolution: Unanimous vote. Voting on the addition of "and urging the bill be studied further and brought back to the next Legislative Session." to the last paragraph of the resolution: By roll call and voting aye: Smothers, Leppa, Herbes, Langsdorf; voting no: Moravec, Rygg, Aaker. Motion Carried. The City Council considered a resolution regarding charitable gambling contributions. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to table the motion to allow staff time to study further the options the City might have to better regulate the direction of the contributions. Motion Carried. Mayor Aaker reported that the Crystal Lions Club presented a check in the amount of $3,000 to the Crystal Firemen's Relief Association at the Annual Firemen's Retirement Dinner. The City Council considered rental of the Crystal Municipal Pool by the Marauder Aquatic Club. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve rental of the Crystal Municipal Pool by the Marauder Aquatic Club for morning swim team practice on Monday, Wednesday, and Friday from 6 to 9 A.M., from June 13 - August 12, 1988, and further to charge the organization a rental rate of $20 per hour. Motion Carried. The City Council considered temporary sign permit #000314 and waiver of fee for signs advertising the Lions Pancake breakfast to be held at the V.F.W. Post #494 on March 13, 1988. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve temporary sign permit #000314 and waiver of fee for signs advertising the Lions Pancake breakfast for the period of March 6 through March 13, 1988 at 3600 Douglas Drive, 2756 Douglas Drive, 4920 West Broadway, 5924 West Broadway, 7200 - 56th Avenue North and 5222 - 56th Avenue North. Motion Carried. Mayor Aaker gave a report on the Northwest Corridor Light Rail Transit Advisory Committee. 214 1 MARCH 1988 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. 88-13 RESOLUTION SUPPORTING ROUTE PROPOSED BY THE NORTHWEST CORRIDOR LIGHT RAIL TRANSIT ADVISORY COMMITTEE By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion Carried. The City Clerk gave a report on implementation of a plan to use the new Optech Scan voting equipment for the District #281 School Board Election in May of 1988. 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 in the preliminary agenda, 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. Meeting adjourned at 8:05 P.M. ATTEST: City Clerk Motion Carried. i Mayor rl 1 1 215 15 MARCH 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on March 15, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. 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 March 1, 1988. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of March 1, 1988. Motion Carried. The Mayor presented a check in the amount of $100 to Harold Horgen, the City of` Crystal February Recycling Raffle winner. The City Council considered the following items on the Consent Agenda: 1. Consideration of the gambling license application for the Cystic Fibrosis Foundation at Nicklows. 2. Consideration of itinerant food license for Boy Scout Troop #365 at St. James Lutheran Church, March 12, 1988, and waiver of fee. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker 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, Finley Addition located at 3209 Florida Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Mr. Finley, property owner. Councilmember Moravec arrived at 7:12 P.M. The Mayor declared the public hearing closed. 216 15 MARCH 1988 Moved by Councilmember Leppa and seconded by Councilmember Smothers to grant as recommended by the Planning Commission, tentative approval of proposed plat, Finley Addition located at 3209 Florida Avenue North. By roll call and voting aye: Smothers, Leppa, Herbes, Moravec; voting no: Rygg, Langsdorf, Aaker. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to set surety in the amount of $15,000 as a guarantee of faithful performance of certain work requirements as a condition of final plat approval for Finley Addition, 32nd and Florida Avenue North, and further, to authorize the Mayor and City Manager to sign such agreement. By roll call and voting aye: Herbes, Moravec, Langsdorf, Smothers, Leppa, Aaker; voting no: Rygg. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Steve Weisman for a variance to expand a non -conforming use (said non -conformity being the existing building encroaches 21'+ in the required 22' front yard setback); to grant a variance of 21'+ in the required 22' front yard setback; and to consider a variance of 25 off-street parking spaces in the required 25 parking spaces to permit remodeling of the existing building at 4900 West Broadway. The Mayor asked those present to voice their opinions or to ask questions concerning the variances. The Public Works Director reported that the property owner has requested to continue discussion of the variances for 4900 West Broadway to May 3, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to refer the variances required at 4900 West Broadway back to the Planning Commission. Motion Carried. The City Council considered a conditional use permit to allow a drive-in and convenience food establishment (oriental take-out) in a B-4 District (Community Commercial) at 2724 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve conditional use permit #88-1 to allow a drive-in and convenience food establishment (oriental take-out) in a B-4 District (Section 515.37, Subdivision 4i) at 2724 Douglas Drive. 217 15 MARCH 1988 Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve building permit #000331 for Bruce Wulff of Mikkelson-Wulff Construction, Inc. for Kok Ching Chen (oriental take-out) at 2724 Douglas Drive. Motion Carried. The City Council considered a building permit and site improvement agreement for remodeling and building a handicap ramp at 5926 - 56th Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve building permit #000330 for Dawkins Construction Company to remodel the single family home at 5926 - 56th Avenue North. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to set surety in the amount of $5,800 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for 5926 - 56th Avenue North and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered building permit #000289 for a 40' x 100' airplane storage hangar on Lot 3-2B, Crystal Airport. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve building permit #000289 to Thomas L. Philstrom to build a 40' x 100' airplane storage hangar on Lot 3-2B, Crystal Airport subject to standard procedure. Motion Carried. The City Council considered the applications of Beth R. Jarvis, Mary Lou Pyne, Donald E. Pearson, and Sherwood 0. Mellom to the Environmental Quality Commission. Moved by Councilmember Leppa and seconded by Councilmember Rygg to appoint Beth Jarvis to the Environmental Quality Commission for an unexpired term expiring December 31, 1988. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Leppa to appoint Mary Pyne to the Environmental Quality Commission for an unexpired term expiring December 31, 1990. Motion Carried. The City Council considered playground equipment purchase at Forest 218 15 MARCH 1988 School, Twin Oak Park, and Lions Valley Place Park. Ed Brandeen, Park & Recreation Director, appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve the recommendation of the Park and Recreation Director, as indicated in his memo to the City Manager dated March 3, 1988. Motion Carried. Councilmember Smothers presented a check in the amount of $6,700 as the final amount of money needed for the playground equipment at Lions Valley Place Park as indicated in the Park and Recreation Director's memo of March 3, 1988, to the City Manager. The Mayor once again thanked the Crystal Lions Club for their generous support of the City of Crystal parks. The City Council discussed a possible offer by a property owner to sell their property adjacent to Bassett Creek Park to the City of Crystal (5516-24-32 - 29th Avenue North). Moved by Councilmember Rygg and seconded by Councilmember Herbes to authorize the City Manager to negotiate with the property owner. Motion Carried. The City Council considered an increase in swimming pool fees for 1988. Ed Brandeen, Park & Recreation Director, appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve an increase in swimming pool fees for 1988 as recommended by the Park and Recreation Director in his memo to the City Manager dated January 22, 1988. Motion Carried. The City Council discussed a joint meeting with New Hope City Council on March 29, 1988 regarding such items as drainage, 36th Avenue improvements, and recycling. The Mayor declared March 29, 1988 as the date for the joint meeting with New Hope City Council, with the time to be set after discussion with New Hope. The City Council considered interim financing for the Bassett Creek Project #66-C. 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. 88-14 A RESOLUTION DISBURSING $9,845 FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART A 1 1 1 219 15 MARCH 1988 By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion Carried, resolution declared adopted. The City Council considered a resolution regarding charitable gambling and the City's options to regulate contributions. Moved by Councilmember Leppa and seconded by Councilmember Smothers to defer action on this matter until the City Attorney receives a ruling from the Attorney General's office. Motion Carried. The City Manager gave a report regarding the Space Needs Study. Curt Dale of Anderson Dale Architects, appeared and was heard. Councilmember Herbes requested a 10 -minute recess to allow time to read a letter from Anderson Dale Architects which was included in the packet on Tuesday evening. The Mayor called a recess at 8:16 P.M and the meeting was reconvened at 8:28 P.M. The Mayor called a special work session of the City Council on April 4, 1988 at. 7:00 P.M. to discuss the Space Needs Study, and advised that it need not be televised. The City Council considered final approval of the plat Opsahl Addition located at 5757 Orchard Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-15 RESOLUTION APPROVING PLAT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered an agreement regarding sales tax refunds on construction contracts. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve an agreement regarding sales tax refunds on construction contracts, and further to authorize the Mayor and City Manager to sign such letter of agreement and amendment to the letter agreement. Motion Carried. The City Council considered a resolution authorizing the sale and 220 15 MARCH 1988 issuance of multi -family housing development revenue bonds. Steve Wilson of Brutger Companies, appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-16 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF MULTI -FAMILY HOUSING DEVELOPMENT REVENUE BONDS (CRYSTAL SENIOR HOUSING PROJECT), SERIES 1988, OF THE CITY, FOR THE PURPOSE OF FINANCING A MULTI -FAMILY RENTAL HOUSING DEVELOPMENT, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The Mayor called attention to schedules for Arts in the Park which were included in the Council packets. Mayor Aaker and Councilmember Herbes reported on meetings they had attended regarding Light Rail Transit. The City Manager reminded the Council of the Twin West Chamber of Commerce Coffee Break to be hosted by the City of Crystal from 8:00-9:00 A.M. Wednesday, March 16, 1988. The City Manager informed the Council of a training program for City personnel that is being looked into, together with the cities of Robbinsdale and New Hope. The City Manager informed the Council that he and Bill Monk are working on a signal system for the Council table for the purpose of councilmembers and the City Manager alerting the Mayor of their desire to speak. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, 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 Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. The meeting was adjourned at 8:59 P.M. ATTEST: City Clerk 1 1 221 Iq MAR(IN IARR 222 29 MARCH 1988 On March 29, 1988 a joint meeting of the Crystal City Council and the New Hope City Council was held at the New Hope City Hall at 6:30 P.M. Crystal Councilmembers present were: Herbes, Moravec, Aaker, Langsdorf, Leppa, Smothers, Rygg. Staff members present were: Jerry Dulgar, City Manager and William Monk, Public Works Director. Agenda items discussed were as follows: 1. Storm sewer projects - Memory Pond, Yonkers Park, Others 2. Street Projects - 36th Avenue, Medicine Lake Road, 42nd Avenue 3. Mielke Field 4. Solid Waste Management and Joint Powers Agreement 5. Three City Water Commission - age and condition of the system future concerns 6. Possible Joint Ventures - police and fire, community center 7. Brainstorming The meeting was adjourned at 8:20 P.M. ATTEST: City Manag* Mayor I i 223 4 APRIL 1988 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 4, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The roll call was called and the following were present: Herbes, Moravec, Aaker, Langsdorf, Leppa, Smothers, Rygg. Staff members present were: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; William Monk, City Engineer; James Mossey, Police Chief; Edward Brandeen, Park and Recreation Director; Miles Johnson, Finance Director; Nancy Deno, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered space needs overview. The overview was presented by the City Manager. The City Council discussed options as recommended by City staff. A review of financing alternatives was addressed by the Finance Director and discussion followed. By general consent it was decided that another work session was needed, the date to be decided at the April 19 Council meeting. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adjourn the meeting. The meeting was adjourned at 9:47 P.M. ATTEST: Admi nistrativld Nssistant 1 []I Mayor Motion Carried. 224 5 APRIL 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 5, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also present were the following staff members: Jerry Dul.gar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; 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 March, 15, 1988, the Joint Meeting with New Hope City Council of March 29, 1988, and the Special Work Session of April 4, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of March 15, 1988 and the Joint Meeting with the New Hope City Council of March 29, 1988, and to approve the minutes of the Special Work Session of April 4, 1988 making a change in the motion to adjourn from Councilmember Moravec to Councilmember Rygg. 0 Motion Carried. Mayor Aaker recognized a donation of $600 from Superamerica for bulletproof vests for the Police Department, and donations from Church of All Saints of $1,000 to the Crystal Fire Department and $1,000 for Police Department Crime Fund for the Exchange Program. The City Council considered the following items on the Consent Agenda: 1. Consideration of setting April 23, 1988 as the date for the Crystal Bike Auction and auction for other items. 2. Consideration of the resignation of Glenda Sims from the Human Relations Commission. 3. Consideration of a solicitor's license for the Crystal VFW Post #494 to sell poppies on April 17, 1988 and May 20-21, 1988. 4. Consideration of a solicitor's license for Saba Flowers to sell flowers at 36th & Highway 100, 3549 Douglas Drive, and 6000 - 42nd Avenue North on April 1-2-3, 1988 and May 6-7-8-28-29-30, 1988. 5. Consideration of itinerant food license for the Crystal Jaycees and the Crystal Women of Today at Crystal City Hall for March 29, 1988, and a waiver of fee. 5 APRIL 1988 6. Consideration of a request from Patti Northwest Branch, to terminate lease on April 30, 1988, and to waive requirements. 225 Hague, Manager of Red Cross at Thorson Community Center the 90 -day notification Moved by Councilmember Smothers and seconded by Councilmember Leppa to remove Item #4 from the Consent Agenda for Discussion. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the Consent Agenda excluding Item #4. Motion Carried. Regarding Item #4, discussion was held regarding the safety factor of selling on some corners. Council directed staff to review the ordinance for City regulation even though property owners give permission for sal -e in t' -le event of such situations as safety hazards. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve Item, #4 on the Consent Agenda. Motion Carried. It being 7-00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a continued public hearing at which time the City Council will consider a request by Herb Elfstrom to rezone property at 3401 Vera Cruz from R-1 (Single Family Residential) to B-4 (Community Commercial) and to consider site improvement agreement and surety in the amount of $19,400. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were Herb Elfstrom and Vince Johnson, Attorney for Mr. Elfstrom. Moved by Councilmember Smothers and seconded by Councilmember Leppa to table to await MNDot's plans concerning right-of-way acquisition which impacts long term land use and site improvements as currently proposed. Motion Carried. The City Council considered a request from Joe Hartinger of The Paddock, 5917 - 56th Avenue North, to relocate the existing non -conforming, off -premise sign to the east side of the proposed service road. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a variance to the sign ordinance to move the existing non -conforming, off -premise sign to the east side of the proposed service road as requested in variance application #S88-1, 5917 - 56th Avenue North due to the fact that the sign was relocated by a public improvement project, and the applicant was relocating to land he owned. 226 The City Council Company to permit 29th Avenues North. 5 APRIL 1988 Motion Carried. considered a request from the McKenna Management 24 hour parking on Florida Avenue between 27th and Moved by Councilmember Herbes and seconded by Councilmember Leppa to deny a request from the McKenna Management Company to permit 24 hour parking on Florida Avenue between 27th and 29th Avenues North. Motion Carried. The City Council considered City of Crystal Insurance Renewal for policy year 1988-1989 for Workers' Compensation, General Liability, Auto, and Public Officials. Nancy Deno, Administrative Assistant and Cary Shaich, Agent, the Towle Agency appeared and were heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve insurance renewal for policy year 1988-1989 through League of Minnesota Cities Insurance Trust Program. Motion Carried. The City Council considered establishing no parking zones on 32nd Avenue, west of Douglas Drive. Zev Oman of Douglas Drive Auto, 3201 Douglas Drive, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Rygy to approve the City Engineer's recommendation for parking to be prohibited on the south side of 32nd Avenue between Douglas Drive and Edgewood Avenue; also restrictions in this same one block section on the north side within fifty (50) feet of Edgewood Avenue and fifty (50) feet of Douglas Drive. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to refer consideration of handling used car lots as a conditional use in a B-3 zoning district to the Planning Commission. Motion Carried. The Mayor moved to Item #10 on the agenda. The City Council considered a temporary Sunday On -Sale Liquor License for an event at the Elks Lodge #44 on April 10, 1988. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve a temporary Sunday On -Sale Liquor License for an event at the Elks Lodge #44 on April 10, 1988. Motion Carried. 1 fl t 227 5 APRIL 1988 The Mayor went back to Item #6 on the agenda. The City Council considered the installation of 2 -way stop signs at the following locations: Cloverdale at Hampshire, Jersey at 46th, Quail at 54th, Adar at 34th, 46th Place at Jersey, and Scott at 53rd Avenue. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the installation of 2 -way stop signs at the above locations as recommended by the City Engineer. Motion Carried. The City Council considered establishing a backflow valve reimbursement program in areas impacted by high sewer flows. Moved by Councilraember Herbes and seconded 'oy Councilmember Leppa to approve the initiation of a backflow valve reimbursement program in areas impacted by high sewer flows and to also allocate funds within the 1988 Sewer Department Budget for such a program. Motion Carried. The City Council considered a feasibility study for the 1988 seal coating program and to schedule a public hearing. Moved by Councilmember Leppa and seconde6 by Councilmember Langsdorf to accept the Feasibility Report for the 1988 Seal Coating Program No. 88-1. Motion Carried. Moved by Councilmember Langsdocf and seconded by Councilmember Smothers to set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1988, as the date and time for a public hearing to consider the 1988 Seal Coating Program No. 88-1. Motion Carried. The City Council considered increasing fees for overnight incarcerations. Moved by Councilmember Leppa and seconded by Councilmember Herbes to approve increasing fees from $20 per prisoner per day to $50 per prisoner per day for overnight incarcerations in the City of Crystal Police Department. Motion Carried. The City Council considered a resolution supporting the concept of Minneapolis and St. Paul hosting the 1996 Summer Olympics. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was 228 5 APRIL 1988 dispensed with by unanimous consent: RESOLUTION NO. 88-17 A RESOLUTION SUPPORTING THE CONCEPT OF MINNEAPOLIS AND ST. PAUL HOSTING THE 1996 SUMMER OLYMPICS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. Ms. Lorraine Bedman appeared regarding subdivision request for property at 7025 - 46th Avenue North. Mayor Aaker announced the Challenge Between the Mayors to benefit the Northwest Branch of the American Red Cross, to be held on April 6, 1988. Councilmember Herbes requested that Crystal Housing and Redevelopment Authority meeting minutes be furnished to the councilmembers. Discussion was held regarding a City Employee Picnic. Moved by Councilmember Herbes 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. Meeting was adjourned at 8:45 P.M. 41 Mayor ATTEST: City Clerk Motion Carried. 229 19 APRIL 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 19, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Landsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. 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 April 5, 1988. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the minutes of the regular City Council meeting of April 5, 1988. Motion Carried. Mr. Stewart Rhoe, recycling raffle winner for the month of March appeared. Mayor Aaker apologized for not having the check in hand and that it would be mailed to him on Wednesday, April 20th. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Arthur A. Theyson for a variance of 20' in the required 60' lot width and a variance of 1' in the required 5' side yard set back to build a 31' by 20' addition at 4232 Zane Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from James Becker for a variance of 5' in the required 2.5' that a garage is to be set back from the public right-of-way to allow a 10' by 20' addition to the existing 14' by 20' garage at 5261 Edgewood Avenue North. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. The City Council considered a request from James Schumacher for a 230 19 APRIL 1988 building permit to construct a 70' by 40' aircraft storage hangar on Lot 80-E, Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve, as recommended by the Planning Commission, building permit #000424 to James Schumacher to build a 70' by 40' aircraft storage hangar on Lot 80-E, Crystal Airport, subject to standard procedure. Motion Carried. The City Council considered a petition for stop signs on 52nd Avenue at Toledo Avenue. Those appearing and heard were: Mike Larson, 5314 - 52nd Avenue North Mr. and Mrs. Roger Stacy, 6301 - 52nd Avenue North Mrs. Stewart Rhoe, 5333 - 52nd Avenue North Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the installation of stop signs on 52nd Avenue North at Toledo Avenue. By roll call and voting aye: Moravec, Rygg, Smothers, Leppa, Aaker; voting no: Herbes, Langsdorf. Motion Carried. The City Council considered a resolution approving a property split in lieu of plat at 3136 Douglas Drive as requested by Alvin and Doris Gotsch. 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. 88-18 A RESOLUTION APPROVING PROPERTY SPLIT AT 3136 DOUGLAS DRIVE, PID 21-118-21-32-0003 By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered the Bylaws of the Crystal Firefighters' Relief Association. Those appearing and heard were: Ron Billstrom, President of the Crystal Firefighters' Relief Association Rita Nystrom, mother of a Crystal volunteer firefighter, 3618 Adair Avenue North The City Council directed staff to review the document from a legal 231 19 APRIL 1988 standpoint, submit a copy of the bylaws showing additions and/or deletions that were made in the existing document, submit information regarding policies of other cities, and advise the affect on future tax levies. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to continue discussion of the Bylaws of the Crystal Firefighters' Relief Association to the May 3, 1988 Council meeting. Motion Carried. The City Council considered an application for a carnival license for Gopher State Expositions at the Crystal Gallery on June 16-19, 1988. Mr. Forcier, owner of Gopher State Expositions, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a carnival license for Gopher State Expositions at the Crystal Gallery on June 16-19, 1988. Motion Carried. The City Council considered a request for support of the Hennepin County "Olde Tyme" fair to be held July 28-31, 1988, sponsored by the Hennepin County Agricultural Society. Moved by Councilmember Smothers and seconded by Councilmember Herbes to contribute $100 in support of the Hennepin County "Olde Tyme" fair, having such funds taken from the Miscellaneous Expense portion of the City Council budget. Motion Carried. The City Council considered a resolution designating a Community Energy Council for a Community Energy Audit Program for the City of Crystal. 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. 88 - RESOLUTION DESIGNATING A COMMUNITY ENERGY COUNCIL FOR A COMMUNITY ENERGY AUDIT PROGRAM Moved by Councilmember Leppa and seconded by Councilmember Herbes to table the item until more detailed information regarding use of funds is submitted to the Council. Motion Carried. The City Council considered bids for the 1988 Street Maintenance materials. 232 19 APRIL 1988 Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-19 A RESOLUTION AWARDING A CONTRACT FOR 1988 STREET MAINTENANCE MATERIALS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered a request from the Public Works Department to purchase a bituminous grinder using funds from the City Equipment Reserve Fund. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve authorization to proceed with purchasing a bituminous grinder in the amount of $12,000, using funds within the City Equipment Reserve Fund in 1988. Motion Carried. The City Council considered options regarding improvement of 36th Avenue between Louisiana and Welcome Avenues. Moved by Councilmember Moravec and seconded by Councilmember Leppa to continue discussion to the May 3, 1988 and direct the Public Works Director to hold an informational meeting for residents in the immediate area. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to amend the motion to continue discussion after which time the Public Works Director can arrange an informational meeting and notify residents in the immediate area. On the main motion as amended: Motion Carried. Motion Carried. The City Council considered setting a date for a work session regarding space needs. The City Manager informed the Council that staff is awaiting an inspection of the jail facilities by the State and that all information should be available at the May 3, 1988 City Council meeting. By common consent the City Council made a decision to set a date for a work session on space needs at the May 3, 1988, after all supporting data is received from staff. u 233 19 APRIL 1988 The City Council considered a resolution on public library service for every child. 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. 88-20 A RESOLUTION ON PUBLIC LIBRARY SERVICE FOR EVERY CHILD By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion Carried. Minnesota Cities Week (May 1-7, 1988) was discussed. Mayor Aaker reported that he had done a television show regarding Minnesota Cities Week. The City Council discussed changing the regular meeting of June 7, 1988 because of the Minnesota League of Cities Conference which begins that evening. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to change the June 7, 1988 meeting to Monday, June 6, 1988. Motion Carried. Mayor Aaker advised that he had discussion with councilmembers and the councilmembers would be making a small contribution to the City Employee Picnic. Mayor Aaker announced that the ground -breaking for the senior building in the Bass Lake Road/Becker Park Redevelopment area had been held and that he had pictures if anyone was interested in viewing them. Councilmember Langsdorf suggested that the Finance Director conduct a workshop for councilmembers on City financing. City staff will arrange a workshop when the 1987 Audit is complete. The City Council discussed notification to residents of yard waste pickup by garbage haulers that serve the residents of Crystal. Councilmember Herbes requested that all councilmembers be present for a unanimous vote regarding all decisions in the Space Needs Program. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the list of license applications as submitted by the City 234 19 APRIL 1988 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 Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Meeting adjourned at 8:55 P.M. ATTEST: City Clerkt Mayor Motion Carried. 1 235 3 MAY 1988 BOARD OF EQUALIZATION Pursuant to due call and notice thereof, the City of Crystal Council convened as a Board of Equalization on May 3, 1988, 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: Rygg, Langsdorf, Aaker, Leppa, Smothers, Moravec (arrived at 7:13 P.M.); absent: Herbes. Also present were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Kenneth Bjorn, City Assessor; Jerry Hedlund, City Appraiser; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Tom May, Assistant County Assessor, appeared to discuss the 1988 assessment rolls and answer questions from those present. Those appearing were: Yvonne Sheffield, 7624 - 30th Avenue North P.I.D. #20-118-21-32-0018 Milton Bernu, 2901 Idaho Avenue North P.I.D. #20-118-21-43-0064 Don McCoy, 3455 Georgia Avenue North P.I.D. #20-118-21-11-0053 Loren Kinghorn, 5430 Douglas Drive P.I.D. #04-118-21-33-0003 Wade Waddell, 5233 Xenia Avenue North P.I.D. #09-118-21-21-0028 Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to affirm the assessment rolls as presented by the City Assessor. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Rygg to adjourn the meeting of the Board of Equalization. Motion Carried. The meeting was adjourned at 7:11 P.M. At 8:24 P.M., the Mayor reopened the Board of Equalization to discuss the 1988 assessment of Mr. Peterson, 2233 University Avenue, for property at 3549 Kyle Avenue North, P.I.D. #07-029-24-12-0156. 236 3 MAY 1988 The Mayor closed the hearing at 8:25 P.M. At 9:30 P.M., the Mayor reopened the Board of Equalization for a second time to discuss the 1988 assessment of Larry Cassem of Pro -Air Aviation at the Crystal Airport, P.I.D. #05-118-21-14-0072. The Mayor closed the hearing at 9:32 P.M. J f. Mayor ATTEST: City Clerk 237 3 MAY 1988 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 3, 1988, 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 7:13 P.M.), Rygg, Langsdorf, Aaker, Leppa, Smothers; absent: Herbes. Also present were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Dan Smith, Assistant City Engineer; Darlene George, City Clerk. The City Council considered the minutes of the regular City Council meeting of April 19, 1988. Moved by Council -member Rygg and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of April 19, 1988. Motion Carried. 2. Consideration of a bingo license for the Crystal Jaycees at Becker Park, 5500 West Broadway, for the Crystal Frolics on July 29, 30, and 31, 1988. 3. Consideration of a charitable gambling license for VFW Post #494, 5222 - 56th Avenue North. 4. Consideration of a request from the Crystal Lions to hold a 12 -hour off -premises gambling operation under their charitable gambling license #B-01668-003 at the Crystal Frolics (Becker Park) on Saturday, July 30, 1988 from 12:00 Noon until 12:00 Midnight. 5. Consideration of a letter of resignation from the Human Relations Commission as submitted by Jean M. Wild, 4311 Georgia Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 17, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance of 6' in the required 30' side street side yard setback to build a new garage at 3041 Douglas Drive as requested by Harvey John Freund, II. 2. Consideration of a bingo license for the Crystal Jaycees at Becker Park, 5500 West Broadway, for the Crystal Frolics on July 29, 30, and 31, 1988. 3. Consideration of a charitable gambling license for VFW Post #494, 5222 - 56th Avenue North. 4. Consideration of a request from the Crystal Lions to hold a 12 -hour off -premises gambling operation under their charitable gambling license #B-01668-003 at the Crystal Frolics (Becker Park) on Saturday, July 30, 1988 from 12:00 Noon until 12:00 Midnight. 5. Consideration of a letter of resignation from the Human Relations Commission as submitted by Jean M. Wild, 4311 Georgia Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. 238 3 MAY 1988 Councilmember Moravec arrived (7:13 P.M.). It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will- discuss illdiscuss Seal. Coat Improvement Project 1#88-1. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Al_ Marfiz, 5115 - 53rd Avenue North David Conrad, 5030 Angeline Avenue Terry McC1ay, 5232 Welcome Avenue David Wickstrom, 5301 - 50th Avenue North Jeff Michaels, 5402 Angeline Avenue Richard Carroll, 5116 - 53rd Avenue North Wade Waddell, 5223 Xenia Avenue North Bev Schmitz, 5330 Angeline Avenue David Johnson, 5221 - 53rd Avenue North Lorraine Bedman, 7025 - 46th Avenue North Kim Jones, 5235 Angeline Court The Mayor closed the public hearing. By general consent the City Council indicated agreement with the assessment method proposed for residential properties based on an average frontage approach. 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. 88-21 A RESOLUTION ORDERING IN THE CONSTRUCTION OF SEAL COAT IMPROVEMENT PROJECT #88-1 By roll call and voting aye: Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Herbes Motion carried, resolution declared adopted. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Arthur Theyson for a variance of 20' in the required 60' lot width and a variance of one foot in the required 5' side yard setback to allow the construction of a 31' x 20' addition at 4232 Zane Avenue North as requested in variance applications #88-3 and #88-4. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the public hearing. 239 3 MAY 1988 Moved by Councilmember Leppa and seconded by Councilmember Rygg 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 515.15, Subd. 2a) 1) to grant a variance of 20' in the required 60' lot width, and Section 515.13, Subd. 3a) 1), to grant a variance of 1' in the required 5' side yard setback to build a 31' x 20' addition at 4232 Zane Avenue North as requested by Arthur Theyson in variance applications #88-3 and #88-4. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker 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 James Becker for a variance to expand a non -conforming building (said non -conformity being existing garage encroaches in the required 25' setback from the public right-of-way) and to grant a variance of 5' in the required 25' that a garage has to be set back from the public right-of-way to allow the construction of a 10' x 20' addition to the existing garage at 5261 Edgewood Avenue North as requested in variance applications #88-5 and #88-6. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Lorraine Bedman, 7025 - 46th Avenue North The Mayor closed the public hearing. Moved by Councilmember Moravec and seconded by Councilmember Rygg 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 515.05, Subd. 2, to expand a non -conforming building; and Section 515.07, Subd. 5 c) 7) to grant a variance of 5' in the required 25' that a garage has to be set back from the public right-of-way (street) to allow the construction of a 10' x 20' addition to the existing 14' x 20' garage at 5261 Edgewood Avenue North as requested by James Becker in variance applications #88-5 and #88-6. Motion Carried. The City Council considered a request from Harvey Howard, Jr. to extend the variance approved on 11-23-82 to build a 24' x 24' detached garage at 3409 Kyle Avenue North as requested in variance application #82-72. Harvey Howard, Jr. appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to refer the item back to the Planning Commission. By roll call and voting aye: Moravec, Langsdorf, Aaker, Leppa, 240 3 MAY 1988 Smothers; voting no: Rygg; absent, not voting: Herbes. Motion Carried. The City Council considered a resolution establishing representatives to a Joint Community Energy Council. Moved by Councilmember Moravec and seconded by Councilmember Leppa to remove the item from the table. Motion Carried. 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. 88-22 A RESOLUTION ESTABLISHING REPRESENTATIVES TO A JOINT COMMUNITY ENERGY COUNCIL AND AUTHORIZING JOINT APPLICATION AND EXECUTION OF AGREEMENTS AND CERTIFICATES FOR THE DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT By roll call and voting aye: Leppa, Moravec, Langsdorf, Aaker; voting no: Rygg, Smothers; absent, not voting: Herbes. Motion carried, resolution declared adopted. The Mayor called a recess at 9:15 P.M. and the meeting reconvened at 9:27 P.M. The City Council considered a request to purchase a cold planer attachment for the skid steer loader using funds from the Equipment Reserve. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve a request to purchase a cold planer attachment for the skid steer loader using funds from the Equipment Reserve. Motion Carried. The City Council considered a review of improvements included in the Bassett Creek Watershed Commission/Corps of Engineers Joint Project, as presented by the City Engineer. The City Council considered setting a date for a work session on space needs. The Mayor called a work session to discuss the City of Crystal's space needs, for May 31, 1988 at 7:00 P.M. at the Crystal City Hall. Councilmember Langsdorf questioned the scheduling of the Finance Workshop for councilmembers. The City Manager informed the Council 241 3 MAY 1988 that a workshop would be scheduled as soon as the 1987 Audit was received, which should be soon. The City Manager informed the Council that the City Councils of the 3 -city recycling group would be meeting on June 1, 1988 at 6:00 P.M., and that a letter will follow regarding this meeting. The City Council discussed a hazardous condition existing on the property at 3335 Pennsylvania 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: RESOLUTION NO. 88-23 A RESOLUTION RELATING TO HAZARDOUS EXCAVATION IN THE CITY: DECLARING A PUBLIC NUISANCE By roll call and voting aye: Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Herbes. Motion carried, resolution declared adopted. Discussion was held regarding the conflict of the Police Reserve Appreciation Dinner and the meeting with Crystal residents regarding 36th Avenue improvements. The Mayor reported on the Light Rail Transit - the vote was 16 to 15 in favor of the tunnel to service downtown Minneapolis. "Celebrate 1990" was discussed. The Council directed staff to prepare a resolution to create a committee to work on this consisting of one member from the Arts and Entertainment Committee for Becker Park, one from the Park and Recreation Advisory Commission, two from the City Council and one from a community group such as the Chamber of Commerce. Councilmember Smothers questioned the progress being made regarding the review of the Fire Relief Association Bylaws by staff. Discussion was held regarding skateboarding in the City. Staff was directed to investigate the possibility of some regulation of skateboarding in the City. Councilmember Smothers voiced his concern for a good public address system when considering the space needs program, and/or an improvement on the existing system in the Council Chambers. Councilmember Leppa voiced a concern for the manner in which the City Newsletter is distributed. Complaints are being received that residents are receiving the Newsletter after some of the programs have started. 242 3 MAY 1988 Councilmember Rygg commented on the value of the Bike Rodeo sponsored by the Police Department, Park and Recreation Department and McDonalds. Moved by Councilmember Moravec and seconded by Councilmember Leppa 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 Leppa and seconded by Councilmember Smothers to adjourn the meeting. The meeting was adjourned at 10:00 P.M. ATTEST: City Clerk Mayor Motion Carried. May 17, 1988 page 243 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 18, 1988 at 8:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Aaker, Leppa, Smothers. Absent were: Herbes and Moravec. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. 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 Mayor announced that a $100 check would be mailed to Mary Grundstrom, 5701 Brunswick Avenue North, as the April Recycling Center winner. The City Council considered the minutes of the Board of Equalization meeting. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the minutes of the Board of Equalization meeting of May 3, 1988. Motion Carried. The City Council considered the minutes of the regular City Council meeting of May 3, 1988. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of May 3, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. To set 7:00 P. M. , or as soon thereafter as the matter may be heard, June 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Drake Jackson for a variance of 2' in the required 5' side yard setback to build a 21' x 26' attached garage at 5237 Idaho Avenue North. 2. To set 7: 00 P.M. , or as soon thereafter as the matter may be heard, June 6, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Robert Rehberg for a variance of 2' in the required 40' rear yard setback to build a 10' x 10' deck on the existing house at 6329 - 45th Place North. May 17, 1988 page 244 3. To set 7:00 P.M., or as soon thereafter as the matter may be heard! June 6, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from James Crandall for a variance to build a 12' x 12' three -season porch at 3449 Kyle Avenue North. 4. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 6, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Harvey Howard, Jr. for a variance to expand a non -conforming use (said non -conformity being a 40' lot) and to grant a variance of 3' in required 25' setback from alley to build a 24' x 24' detached garage at 3409 Kyle Avenue North. 5. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 6, 1988, as the date and time for a public hearing at which time the City Council will consider tentative approval of proposed plat Hagel Addition located at 6500 - 44th Avenue North. 6. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 6, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request to the expansion of the non -conforming use and a variance of 3' in the 25' required setback from the right-of-way to build a 22' x 22' garage as requested by Ralph E. Benson, 3508 Lee Avenue North, in variance applications #88-18 and #88-19. 7. Consideration of a request from the Elks Lodge #44 to conduct the selling of pulltabs during the Crystal Frolics on July 31, 1988 between the hours of 12 noon and midnight under their gambling license #A-00244. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Harvey John Freund, II. for a variance of 6' in the required 30' side street side yard setback to build a 24' x 26' detached garage at 3041 Douglas Drive. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of May 17, 1988 page 245 Section 515.13, Subdivision 3 a) 2) iii, to grant a variance of 6' in the required 30' side street side yard setback for the construction of a 24' x 26' detached garage at 3041 Douglas Drive a requested in variance application #88-13. Motion Carried. The City Council considered the application of Bruce K. Kleeberger for appointment to the Human Relations Commission. Bruce K. Kleeberger appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Leppa to appoint Bruce K. Kleeberger to the Human Relations Commission for an unexpired term expiring December 31, 1988. Motion Carried. The City Council considered a building permit for construction of a 50' x 36' aircraft storage hangar on Lot 68E, Crystal Airport, as requested by Richard Harrison. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve as recommended by the Planning Commission building permit #549 to build a 50' x 36' aircraft storage hangar at Lot 68E, Crystal Airport, subject to standard procedure. Motion Carried. The City Council considered a request from Jean and Craig Lewis for an extension of variance applications until May 5, 1989 for variances of 30' in the required 40' rear yard setback and 10' in the required 30' side street side yard setback to build a 34' x 26' detached garage at 4801 Louisiana Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve as recommended by the Planning Commission the extension of variance applications #87-21 and #87-22 until May 5, 1989 for variances of 30' in the required 40' rear yard setback and 10' in the required 30' side street side yard setback to build a 34' x 26' detached garage at 4801 Louisiana Avenue North. Motion Carried. The City Council considered the First Reading of an Ordinance rezoning property at 5200 Douglas Drive from B-4 (Community Commercial) to B-3 (Auto Oriented Commercial) to allow automotive repair and related automotive shops at 5200 Douglas Drive. Mark Hebert, applicant, appeared and requested tabling the item as additional market information as well as other potential uses are examined. Moved by Councilmember Leppa and seconded by Councilmember Smothers to deny the First Reading of an Ordinance rezoning property at 5200 Douglas Drive. May 17, 1988 page 246 Moved by Councilmember Leppa and seconded by Councilmember Smothers to modify the motion to re-refer the applicant to Planning Commission. Motion Carried. The City Council considered appointment of Diane Christopher and Gail Gove, members of the Environmental Quality Commission, to the Community Energy Council. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to appoint Diane Christopher and Gail Gove of the Environmental Quality Commission to the Community Energy Council. Motion Carried. The City Council considered a request from Hennepin County to designate Medicine Lake Road as a County State Aid Highway. 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. 88-24 RESOLUTION OF CONCURRENCE REGARDING REDESIGNATION OF COUNTY ROAD 70 AS A COUNTY STATE AID HIGHWAY By roll call and voting aye: Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Herbes, Moravec. Motion carried, resolution declared adopted. The City Council considered a request from the owner of Douglas Court Apartments for additional street lights on Florida Avenue and Medicine Lake Road. Wallace Kenneth, owner, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny a request from the owner of Douglas Court Apartments for street lights on Florida Avenue and Medicine Lake Road. Motion Carried. The City Council considered the First Reading of an Ordinance amending Crystal City Code Subsections 100.03 and 100.07 regarding Statutory Reference and Amendments. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO THE CITY CODE: STATUTORY REFERENCE AND AMENDMENTS: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 100.03 AND 100.07 May 17, 1988 page 247 and further, that the second and final reading be held on June 6, 1988. Motion Carried. The City Council considered a resolution establishing dates for the 1988 municipal elections. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-25 A RESOLUTION ESTABLISHING DATES FOR THE 1988 MUNICIPAL ELECTIONS By roll call and voting aye: Langsdorf, Rygg, Aaker, Leppa, Smothers; absent, not voting: Herbes, Moravec. Motion carried, resolution declared adopted. The City Council considered a resolution opposing jury trials being conducted at the Hennepin County Government Center. 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. 88-26 A RESOLUTION OPPOSING CENTRALIZATION OF HENNEPIN COUNTY JURY TRIALS By roll call and voting aye: Langsdorf, Rygg, Aaker, Leppa, Smothers; absent, not voting: Herbes, Moravec. Motion carried, resolution declared adopted. The City Council considered setting a date for a work session on City finance. Moved by Councilmember Leppa and seconded by Councilmember Smothers to continue to June 6, 1988 meeting so all Councilmembers are present for the discussion. Motion Carried. Councilmember Smothers spoke in favor of regulations for skateboarding in the City. The City Manager informed Council that staff was gathering ordinances from other cities regarding skateboarding. May 17, 1988 page 248 Councilmember Smothers commended City Staff for a job well done with regard to the "Lost Time Report" reflecting work related injuries. Councilmember Smothers inquired about the status of Mielke Field. The City Manager reported staff had met with Kraus -Anderson and will be meeting with market study people tomorrow. The City Manager also advised of a meeting held with the seven City Managers and the School District. 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 in the preliminary agenda, 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. The meeting was adjourned at 9:10 p.m. 1 Mayor ATTEST: City Clerk May 31, 1988 page 249 Pursuant to due call and notice thereof, the Special Work Session meeting of the Crystal City Council was held on May 31, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; William Monk, Public Works Director; Miles Johnson, Finance Director; Ed Brandeen, Park & Recreation Director; James Mossey, Chief of Police; 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 space needs for the City of Crystal Administration, Police, Park & Recreation, and a Community Center. The Council discussed the various options and questions were directed to City staff regarding these options. By general consensus the City Council delayed action until the June 6, 1988 regular City Council meeting. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion ried. The meeting was adjourned at 8:20 p.m. I ' Mayor ATTEST: City Clerk 67 June 6, 1988 page 250 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 6, 1988 at 8:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers. Absent was: Moravec. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; William Monk, Public Works Director; Donald Peterson, Building Inspector; Julie Jones, Recycling/Community Development Coordinator; 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 May 17, 1988. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of May 17, 1988. Motion Carried. The City Council considered the minutes of the Special Work Session of the City Council held on May 31, 1988. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the Special Work Session of the City Council held on May 31, 1988. Motion Carried. The Mayor presented a $50 check to one of the winners of the Bass Lake Road Planting Contest -- Crystal Women of Today for the Adult Division (monies donated by Crystal Lions Club). Check was received by Debbie Utecht. The Mayor presented a Certificate of Appreciation to Barbara Leppa for coordinating the Bass Lake Road Planting Program for the second year. The City Council considered the following items on the Consent Agenda: 1. Consideration of a letter of resignation from the Environmental Quality Commission from Steven Voss. 2. Consideration of a request from the Minnesota Public Interest Research Group for a solicitors' permit for June 7 through June 30, 1988. 3. Consideration of approval for Local Union #44 contract. The settlement is for 4% in wages and $10 in insurance. June 6, 1988 page 251 4. Consideration of a request from the Crystal Frolics Committee to distribute raffle tickets door to door for the Crystal Frolics, between June 11 and June 18, 1988. 5. Consideration of a request from R. L. Smothers, Crystal Frolics Parade Chair, for permission to have the Frolics parade route the same as 1987; north from 47th and Welcome to Broadway, to Bass Lake Road. East on Bass Lake Road to Elmhurst, breaking up on Elmhurst and Brentwood on July 31, 1988. 6. Consideration of a request from the Knights of Columbus, Father Blum Council #3656 to conduct the selling of pulltabs during the Crystal Frolics on Friday, July 29, 1988 from 6 p.m. until midnight under their gambling license #A-00200-001. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the Consent Agenda. Motion Carried. The Mayor recognized three members of the Victory Robins 4-H Club who had appeared as winners of the Bass Lake Road Planting Contest, Youth Division, and informed them that the $50 check would be presented at the June 21, 1988 City Council meeting. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Drake Jackson for a variance of 2' in the required 5' side yard setback to build a 21' x 26' attached garage at 5237 Idaho Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Drake Jackson appeared and was heard. The Mayor closed the Public Hearing. Moved by Councilmember Rygg 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, Subdivision 3 a) 1), to grant a variance of 2' in the required 5' side yard setback to build a 21, x 26' attached garage at 5237 Idaho Avenue North as requested in variance application #88-12. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 June 6, 1988 page 252 from Robert E. Rehberg for a variance of 2' in the required 40' rear yard setback to build a 10' x 10' deck on the existing house at 6329 - 45th Place North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. A letter of opposition from Tom Van Housen of Van-Glo Partners dated 6-1-88 was received and noted by the Mayor. The Mayor closed the Public Hearing. Moved by Councilmember Leppa 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, Subdivision 4 a) to grant a variance of 2' in the required 40' rear yard setback to build a 10' x 10' deck on the existing house at 6329 - 45th Place North as requested in variance application #88-14. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Crandall Brothers Construction for a variance to build a 12' x 12' three -season porch at 3449 Kyle Avenue North (variance being lot is 40' wide). 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 Herbes to approve the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15, Subdivision 2 a) to grant a 20' variance in the required 60' lot width to build a 12' x 12' three -season porch at 3449 Kyle Avenue North as requested in variance application #88-15. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Harvey Howard, Jr. for variances to move a 24' x 24' detached garage at 3409 Kyle 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 Rygg and seconded to approve as recommended by and based on the Planning Commission the authorization by Councilmember Langsdorf the findings of fact of pursuant to Section June 6, 1988 page 253 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subdivision 2, to expand a non- conforming use, said non -conformity being a 40' lot; and Section 515.07, Subdivision 5) c) 7) to grant a variance of 3' in the required 251setback from alley for a 24' x 24' detached garage at 3409 Kyle Avenue North as requested in variance applications #88-16 and #88-17. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Ralph E. Benson for variances to build a 22' x 22' garage at 3508 Lee 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 Herbes and seconded by Councilmember Smothers to approve the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subdivision 2 and Section 515.07, Subdivision 5) e) 7 to grant a variance of 20' in the required 40' lot width and to vary the required 25' distance from the entrance of the garage to the alley by 3' to build a 22' x 22' garage at 3508 Lee Avenue North as requested in variance applications #88-18 and #88-19. Motion Carried. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Hagel Addition and a variance of 3.7' in the required 60' lot width at 6500 - 44th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Mrs. Stacy, 6420 - 44th Avenue North, appeared and was heard. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve as recommended by and based on the findings of fact of the Planning Commission tentative approval of proposed plat Hagel Addition which includes varying or modifying the strict application of Section 515.15, Subdivision 2 a) 1), to grant a variance of 3.7' in the required 60' lot width at 6500 - 44th Avenue North as requested in variance application #88-7. Motion Carried. June 6, 1988 page 254 The City Council considered bids for the purchase of an asphalt recycler/reheater. 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. 88-27 RESOLUTION AWARDING A CONTRACT By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. The City Council considered establishment of a Safety Committee for the City of Crystal employees. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve establishment of a Safety Committee for the City of Crystal employees. Motion Carried. The City Council considered preparation of a formal response concerning the City of Brooklyn Park redevelopment along 62nd between Douglas Drive and 169. 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. 88-28 RESOLUTION REGARDING FORMAL RESPONSE TO BROOKLYN PARK REDEVELOPMENT PLAN AT 62ND AVENUE AND DOUGLAS DRIVE By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. The City Council considered the Second Reading of an Ordinance amending Crystal City Code Subsections 100.03 and 100.07 regarding statutory reference and amendments. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 88-4 AN ORDINANCE RELATING TO CITY CODE: STATUTORY REFERENCE AND AMENDMENTS: AMENDING CRYSTAL CITY CODE, SUBSECTION 100.03 AND 100.07 June 6, 1988 page 255 and further, that this be the second and final reading. Motion Carried. The City Council considered a resolution authorizing execution of public service agreement for daycare services with Greater Minneapolis Day Care Association and authorizing assignment of the agreement's administrative responsibilities to Hennepin County. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-29 RESOLUTION AUTHORIZING EXECUTION OF PUBLIC SERVICE AGREEMENT FOR DAYCARE SERVICES WITH THE GREATER MINNEAPOLIS DAY CARE ASSOCIATION AND AUTHORIZING ASSIGNMENT OF AGREEMENT'S ADMINISTRATIVE RESPONSIBILITIES TO HENNEPIN COUNTY By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. The City Council considered setting a date for the finance work session. By general consent a meeting was set for 7:00 p.m. on June 14, 1988. The City Council considered the space needs study. Moved by Councilmember Smothers to approve Option 3A. Motion failed for lack of a second. Moved by Councilmember Leppa and seconded by Councilmember Smothers to proceed with the Community Center, designed for future expansion as plans develop and needs are ascertained, to be funded with a mixture of two-thirds bonding and one-third from the Permanent Improvement Revolving (PIR) Fund, Part B. Councilmember Leppa retracted the funding portion of the motion and Councilmember Smothers retracted his second. On the main motion to proceed with Community Center designed for future expansion as plans develop and needs are ascertained. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Rygg to fund Community Center with two-thirds bonding and one-third from the Permanent Improvement Revolving (PIR) Fund, Part B. June 6, 1988 page 256 By roll call and voting aye: Rygg, Leppa; voting no: Herbes, Langsdorf, Aaker, Smothers; absent, not voting: Moravec. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve entire project with two-thirds of funding from the Permanent Improvement Revolving (PIR) Fund, Part B and one- third of funding on a bond issue. Councilmember Smothers withdrew the motion and Councilmember Langsdorf withdrew her second. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to continue discussion of funding for the Community Center to the June 21, 1988 City Council meeting, after which time the finance work session will have been held, and direct staff to provide cost figures for future expansion of Park & Recreation Department and the Community Center. Motion Carried. The Mayor called a recess at 9:00 p.m. and the meeting was reconvened at 9:14 p.m. The City Council considered recommendations regarding Recycling and Refuse Joint Powers Agreement policy questions. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to direct staff to work with the joint powers group to negotiate a full service contract with a consortium of haulers; to install a volume -based fee system as well as a discount to those households which actively recycle; do not allow any exemptions to garbage service; and to fund $1.50 per single family household for the remainder of 1988, funds of which are to be taken from the 1988 Recycling Budget. Motion Carried. The City Council considered a resolution awarding a bid for the purchase of lot at 3541 Lee Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-30 RESOLUTION AWARDING A CONTRACT By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. June 6, 1988 page 257 Councilmember Rygg and Councilmember Leppa addressed City water supply concerns due to the hot, dry weather. The reservoir and fire protection were discussed. Councilmember Leppa questioned the lack of personnel at the Recycling Center on Saturday, June 4, 1988. Councilmember Rygg expressed a concern for disposal of hazardous waste and suggested an article be put in the Newsletter informing residents how to dispose of same. Moved by Councilmember Herbes 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. The meeting was adjourned at 9:45 p.m. 1 ATTEST: qe— City Clerk Motion Carried. Mayor June 14, 1988 page 258 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 June 14, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Rygg, Langsdorf, Aaker, Leppa. Abesent were: Moravec, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; William Monk, Public Work Director; Miles Johnson, Finance Director. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Leppa and seconded by Councilmember Herbes to allow smoking during the meeting. Motion Carried. 1. The City Council discussed City finance and the Finance Director reviewed and explained the 1987 audit report. 2. The City Council considered the space needs for the City of Crystal Administration, Police, Park & Recreation, and a Community Center. Discussion was held on the financing of the Community Center. 3. The City Manager reviewed the purchase of the Kiemele property, 5516-24-32 - 29th Avenue North, and indicated that the City Attorney will prepare a purchase agreement. Moved by Councilmember Leppa and seconded by Councilmember Herbes to adjourn the meeting. Meeting adjourned at 8:45 p.m. ATTEST: i e � Assistant City Manager Motion Carried. 4w'ez�l<) 1.11 Mayor June 21, 1988 page 259 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 21, 1988 at 8:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, 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; 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 June 6, 1988. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the minutes of the Regular City Council meeting of June 6, 1988. Motion Carried. The City Council considered the minutes of the Special Work Session City Council meeting of June 14, 1988. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve the minutes of the Special Work Session of the City Council held on June 14, 1988. Motion Carried. The Mayor presented a $50 check to one of the winners of the Bass Lake Road Planting Contest -- Victory Robins 4-H for the Youth Division (monies donated by Crystal Lions Club). The City Council recognized the group for their achievements and Florence Gaulke for her many years of leadership in the club. The Mayor presented an award of $100 for the May recycling winner to Donald and Sue Sheppard, 4639 Adair Avenue North. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, August 2,1988, as the date and time for a public hearing at which time the City Council will consider tentative approval of proposed plat Winnetka Woods located at 3411 Winnetka. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will consider tentative approval of proposed plat Beelen Addition including a side yard setback variance at 3836-38 Douglas Drive. June 21, 1988 page 260 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Elaine Pregent for a variance at 5917 - 46th Avenue North. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from William Feist for a variance at 3425 Major Avenue North. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Dennis Holland for a variance at 5917 - 38th Avenue North. 6. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Jack Stack for a variance at 8117 - 35th Avenue North. 7. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Edward and Eileen Champeau for a variance at 8216 - 30th Avenue North. 8. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Bradley and Lori Jo Sievert for a variance at 6406 - 60th Avenue North. 9. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Bruce Lundquist for a variance at 4361 Zane Avenue North. 10. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 5, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from C. Allan Bodin for a variance at 8009 - 35th Avenue North. 11. Consideration of a charitable gambling license for the Ladies' Auxiliary VFW Post #494 to hold a raffle on July 17, 1988. 12. Consideration of a request to serve beer and wine coolers in Bassett Creek Park for the City employees' picnic on the evening of August 25, 1988. June 21, 1988 page 261 13. Consideration of a charitable gambling license application for Church of St. Raphael's for their annual church festival on August 5, 6, and 7, 1988. 14. Consideration of a letter of resignation from Gregg Peppin from the Human Relations Commission effective July 1, 1988. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a petition for stop signs for the intersection of 43rd and Florida Avenues North. Petitioners did not appear. Moved by Councilmember Smothers and seconded by Councilmember Moravec to continue to the next City Council meeting to be assured that notification was received by petitioners. Motion Carried. 2. Paul Rosenthal, Frank Rondoni, and Lisa Skoog of Rosenthal Rondoni & MacMillan appeared before the City Council to give an updated presentation regarding prosecutions. 3. The City Council considered a charitable gambling license for Celebrity Bowl Charities, Inc. at Doyles Lanes. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to direct staff to look into Celebrity Bowl Charities, Inc. to determine if they qualify for a charitable gambling license. Councilmember Smothers withdrew his motion and Councilmember Langsdorf withdrew her second to the motion. Moved by Councilmember Smothers and seconded by Councilmember Herbes to continue to the next meeting at which time the applicant should be requested to be present for questions. Motion Carried. 4. The City Council considered bids for the 1988 seal coat 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: June 21, 1988 page 262 RESOLUTION NO. 88-31 RESOLUTION AWARDING A CONTRACT TO ALLIED BLACKTOP COMPANY By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 5. The City Council considered bids for a sidewalk and curb replacement project. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-32 RESOLUTION AWARDING A CONTRACT TO CONCRETE CURB COMPANY By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 6. The City Council considered an amendment to the agreement limiting the repayment obligation on the senior housing project. Moved by Councilmember Leppa and seconded by Councilmember Smothers to deny. Councilmember Leppa and Councilmember Smothers withdrew motion and second. 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. 88-33 RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT LIMITING THE REPAYMENT OBLIGATION By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 7. The City Council considered a request from Ed Thonander of the Crystal Frolics Committee to ask for donations of 25% from all vendors at the parade. June 21, 1988 page 263 Moved by Councilmember Moravec and seconded by Councilmember Smothers that staff investigate the alternatives to regulate vendors on the parade route during such events as the Crystal Frolics. Motion Carried. As a matter of record the Crystal City Council will not endorse or comment any further on a 25% donation from vendors at the parade. 8. The City Council considered financing a space needs program for the City of Crystal. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve a two million dollar bond issue with balances to be taken from the Permanent Improvement Revolving Fund, Part B, to fund the building of a Community Center for the City of Crystal. By roll call and voting aye: Herbes, Moravec, Langsdorf, Rygg, Leppa, Smothers. Voting no: Aaker. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to authorize the City Manager to proceed with review of architects for the purpose of obtaining costs of the project prior to the bond issue going before the voters. Motion Carried. The City Attorney was directed by Council to proceed with the necessary legal matters pertaining to the bond issue for the Community Center. Councilmember Smothers asked staff about the possibility of an interim recycling center at the City Garage until such time as curbside pickup goes into effect. The Recycling Coordinator was directed to explore alternatives and report back to the Council. 9. The City Council discussed dredging under the Highway 100 Bridge at Twin Lake. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-34 RESOLUTION IN OPPOSITION TO THE CHANNEL DREDGING BETWEEN MIDDLE AND LOWER TWIN LAKE AT T.H. HIGHWAY 100 June 21, 1988 page 264 By roll cal'i and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. Councilmember Herbes questioned the mound of dirt at the northeast corner of the Becker Park Building and directed staff to investigate. The City Engineer solicited questions on a Resolution Regarding Brooklyn Park Redevelopment Plan on 62nd Avenue Between Douglas Drive and Highway #169. The City Engineer advised the Council that the railroad desires to re-lay the tracks across Bass Lake Road at T.H. 169 all at one time and have asked the County to close the road for one week, effective July 18. Council requested staff to inquire if it could be done after the Crystal Frolics. Discussion was held on delivery of Council packets. A survey will be taken by staff to determine how Councilmembers wish to receive their packets. The City Manager discussed the brochure by Twin West Chamber of Commerce regarding the Solid Waste Forum that was included with the agenda. The City Engineer informed the Council that effective July 1, 1988 there would be a switch in County and State roads and that materials would be made available in the next Council packet. Discussion was held regarding the time element on the availability of drawings from the State on the Highway 100 and 36th Avenue project. Discussion was held regarding the number of police calls to the Iron Horse. The Council directed staff to contact the manager of Iron Horse regarding the excessive number of calls. 10. Moved by Councilmember Herbes 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 Herbes to adjourn the meeting. Motion Carried. The meeting was adjourned at 9:43 p.m. ATTEST: —� City Clerk 1 June 21, 1988 page 265 Mayor July 5, 1988 page 266 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on July 5, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; Mary Francis Skala, from the City Attorney's office; William Monk, Public Works Director; Donald Peterson, Building Inspector; Joan Schmidt, Deputy 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 June 21, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of June 21, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of a waiver of fee for temporary signs at St. Raphael's, 7301 - 56th Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 19, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance at 4933 Vera Cruz Avenue North. Moved by Councilmember Herbes 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 Aaker 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 Beelen Addition located at 3836-38 Douglas Drive which includes a Variance Application #88-26 which will encroach in the required 5' side yard setback. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve as recommended by and based on the findings of fact of the Planning Commission tentative approval of July 5, 1988 page 267 Beelen Addition which is a replat of Units 1 and 2 Condominium No. 281 Beelen Condominiums which includes varying or modifying the strict application of Section 515.13, Subd. 3 a) 1), to grant a variance of 5' in the required 5' side yard setback at 3836-38 Douglas Drive, as requested in Application #88-26 with the following conditions: 1) The common wall be upgraded to conform with current building code requirements prior to execution of the final plat. 2) Either a separate sewer service for each lot or an agreement for maintenance responsibility of the common service be provided prior to execution of the final plat. 3) Prior to final plat approval a standard maintenance agreement be filed regarding mutual upkeep of the building and grounds. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Elaine M. Pregent for Variance Applications #88- 20 and #88-21 to widen the driveway in the front yard towards the house and to vary the front yard setback requirements to allow the construction of a 5' x 20' deck on the existing house at 5917 - 46th Ave. N. The Mayor closed the Public Hearing. Moved by Councilmember Herbes and seconded by Councilmember Leppa 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 515.09, Subd. 6 e) and f) in order to widen the driveway in the front yard towards the house; and Section 515.13, Subd. 2 a) to grant a variance of 5' in the required 30' front yard setback to allow the construction of a 5' x 20' deck on the existing house at 5917 - 46th Ave. N., as requested in Applications #88-20 and #88-21 Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 William L. Feist for Variance Applications #88-22 and #88-23 to expand a non -conforming use, said non -conformity being the 40' lot width instead of the required 60' lot width, July 5, 1988 page 268 and to vary the set back from the public right-of-way (alley) requirements to allow a detached garage at 3425 Major Ave. N. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non- conforming use; and Section 515.07, Subd. 5 c) 7) to grant a variance of 3' in the required 25' that a garage is to be set back from the public right-of-way (alley) to permit construction of a 24' x 24' detached garage at 3425 Major Ave. N., as requested in Applications #88-22 and #88-23 of William L. Feist. Motion Carried. 4. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Modern Insulation to expand a non -conforming use, said non -conformity being the 6,480 sq. ft. in area instead of the required 7,500 sq. ft. in area, and to vary the rear yard setback requirements to allow for an enlarged kitchen and deck a at 5917 - 38th Ave. N. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Moravec 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 515.05, Subd. 2, to expand a non -conforming use; and Section 515.13, Subd. 4 a), to grant a variance of 3' in the required 40'rear yard setback for a 12' x 13' enlarged kitchen and 9' x 12' deck at 5917 - 38th Ave. N., as requested in Applications #88-24 and #88-25. Motion Carried. 5. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Jack Stack for a variance of 11' in the required 40' rear yard setback to build a 12' x 12' porch on the existing house at 8117 - 35th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve as recommended by and based on the findings July 5, 1988 page 269 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 11' in the required 40' rear yard setback for a 12' x 12' porch on the existing house, at 8117 - 35th Ave. N., as requested in Application #88-27. Motion Carried. 6. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Edward and Eileen Champeau for a variance of 4' in the required 40' rear yard setback to build a 12' x 20' 3 - season porch on the existing house, at 8216 - 30th Ave. Councilmember Langsdorf arrived at 7:18 p.m. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Herbes 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 4' in the required 40' rear yard setback to build a 12' x 20' 3 -season porch on the existing house, at 8216 - 30th Ave. N., as requested in Application #88-28. Motion Carried. 7. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Bradley and Lori Jo Sievert for a variance of 2' in the required 40' rear yard setback to build a 10' x 22' deck on the house being built at 6406 - 60th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Rygg 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 10' x 22' deck on the house being built, at 6406 - 60th Ave. N., as requested in Application 188-30. Motion Carried. 8. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council July 5, 1988 page 270 will sit as a Board of Adjustments and Appeals to consider a request from Bruce R. Lundquist for a variance of 3' in the required 60' lot width to allow the construction of a 14' x 25' deck on the existing house at 4361 Zane Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Leppa 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 515.15, Subd. 2 a) 1), to grant a variance of 3' in the required 60' lot width to allow the construction of a 14' x 25' deck on the existing house at 4361 Zane Ave. N., as requested in Application #88-32. Motion Carried. 9. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 C. Allan Bodin for a variance of 8' in the required 40 rear yard setback to build a 12' x 14' porch and a 4' x 14' deck on the existing house at 8009 - 35th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec 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 8' in the required 40' rear yard setback for a 12' x 14' porch and 4' x 14' deck on the existing house, at 8009 - 35th Ave. N., as requested in Application #88-33. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a petition for stop signs for the intersection of 43rd and Florida Avenues North. Present and heard was Pat Nummela, 6424 - 43rd Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Rygg to install two-way stop signs on Florida Avenue as recommended by the Public Works Director. Councilmember Rygg withdrew his second. Councilmember Leppa seconded. 1 July 5, 1988 page 271 By roll call and voting aye: Herbes, Moravec, Langsdorf, Aaker, Leppa, Smothers; voting no: Rygg. Motion Carried. 2. The City Council considered charitable gambling license for Celebrity Bowl Charities, Inc. at Doyles Lanes. Present and heard was Dave Savoie with Celebrity Bowl Charities, Inc. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve charitable gambling license for Celebrity Bowl Charities, Inc. at Doyles Lanes. 3. The City Council considered a petition from residents regarding the Twin Lake channel work by MNDot under Highway 100. Moved by Councilmember Leppa and seconded by Councilmember Moravec to direct staff to send out copies of petition to various parties involved (City of Brooklyn Center, City of Robbinsdale, MnDot and the Department of Natural Resources) and that the attorney's office look into this matter for the legal steps possible for the City. Motion Carried. 4. The City Council considered an application for a 3.2 beer stand from Russell Mingo for St. Raphael's Church Festival, 7301 Bass Lake Road, for August 5, 6, and 7, 1988. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve an application for a 3.2 beer stand from Russell Mingo for St. Raphael's Church Festival, 7301 Bass Lake Road, for August 5, 6, and 7, 1988. Motion Carried. 5. The City Council considered an application to hold a carnival at 7301 Bass Lake Road (St. Raphael's Church Festival), August 5, 6, and 7, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve an application to hold a carnival at 7301 Bass Lake Road (St. Raphael's Church Festival), August 5, 6, and 7, 1988. Motion Carried. 6. The City Council considered transient merchant license from Jones R. Losen to sell sweet corn at Jack's Superette, 7201 Bass Lake Road, Thursday, Friday, Saturday and Sunday in July and August, 1988. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve this license on the basis that if he does July 5, 1988 page 272 wish to extend it in 1988 beyond the days he is presently being licensed for, he can do so by means of approval from the City Manager. Motion Carried. 7. The City Council considered a resolution and ordinance regarding sprinkling restrictions in the city. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-35 RESOLUTION ESTABLISHING AN ODD -EVEN SPRINKLING BAN FOR WATER CUSTOMERS IN THE CITY OF CRYSTAL By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 8. The City Council considered the First Reading of an Ordinance amending City Code to allow the City Manager to authorize the sprinkling bans or water use bans as necessary and to charge a $25 penalty for each violation. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO PUBLIC UTILITIES: AMENDING CRYSTAL CITY CODE, SUBSECTION 715.41 and further, that the second and final reading be held on July 19. 1988. 9. The City Council considered a grading permit application for property at 3209 and 3233 Florida Avenue North. Scott Kevitt with Kevitt Excavating, Inc. was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a grading permit at 3209 and 3233 Florida Avenue North and further, to authorize the Mayor and City Manager to sign such excavation agreement. By roll call and voting aye: Herbes, Langsdorf, Smothers, Leppa; voting no: Aaker, Moravec, Rygg. Motion Carried. July 5, 1988 page 273 10. The City Council considered a resolution awarding a bid for Memory Lane Pond excavation project. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-36 RESOLUTION AWARDING A CONTRACT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 11. The City Council considered the First Reading of an Ordinance amending City Code regarding motor vehicle sales as a conditional use in B-3 (Auto -Oriented Commercial) and I-1 (Light Industrial) Districts. (5 votes needed for approval) Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I -ZONING) SUBSECTIONS 515.35 AND 515.39 BY ADDING SUBDIVISIONS: REPEALING CRYSTAL CITY CODE (APPENDIX I -ZONING) SUBSECTIONS 515.35, SUBDIVISION 2 H) AND 515.39, SUBDIVISION 2 E) and further, that the second and final reading be held on July 19, 1988. Motion Carried. 12. Bill Monk, Public Works Director, updated the Council on Brooklyn Park redevelopment plan at Douglas Drive and 62nd Avenue North. Mr. Monk had attended the public hearing Brooklyn Park held on redevelopment proposal. Residents from Crystal and Brooklyn Park attended and stated their views and no one thought plan was a good idea. Brooklyn Park Council put item off until September to give staff time to review the comments it had received. 13. The City Council considered a resolution in opposition to multiple post retirement inflator mechanisms applicable to local police and paid firefighter pension plans. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: July 5, 1988 page 274 RESOLUTION NO. 88-37 RESOLUTION OF OPPOSITION TO MULTIPLE POST RETIREMENT INFLATOR MECHANISMS APPLICABLE TO LOCAL POLICE AND PAID FIREFIGHTER PENSION PLANS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 14. The City Council considered participation in a legal challenge to a portion of the 1988 Omnibus Tax Bill. Moved by Councilmember Leppa and seconded by Councilmember Herbes that Association of Metropolitan Municipalities be told of Council's interest to join the legal challenge and request information on the cost of participation and how to provide information for the people. By roll call and voting aye: Herbes, Moravec, Langsdorf, Aaker, Leppa, Smothers; voting no: Rygg. Motion Carried. The Mayor called a recess at 9:03 p.m. and the meeting was reconvened at 9:13 p.m. 15. The City Council considered a request from Hennepin County to designate the City Garage as a site for household chemical waste collection on September 10, 1988. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a request from Hennepin County to designate the City Garage as a site for household chemical waste collection on September 10, 1988. Motion Carried. 16. The City Council considered the Space Needs Program. 1. Proposal and proposed contract from the architect. 2. Information from the financial consultant. Present and heard was Kurt Dale of Anderson -Dale Architects. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the proposal from Anderson -Dale Architects, Inc. regarding pre -referendum planning for the proposed Community Center. Motion Carried. 17. The City Council considered a resolution Calling of City of Crystal Improvement Bonds. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: July 5, 1988 page 275 RESOLUTION NO. 88-38 RESOLUTION RELATING TO GENERAL OBLIGATION BONDS OF THE CITY: CALLING CERTAIN BONDS FOR REDEMPTION By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. Early registration for the National League was discussed. Discussion was held on the City Newsletter and the fireworks display for the Crystal Frolics. The City Manager mentioned that he had gotten a call from a resident about watering City lawns and that the City adhere by the watering ban. The City Manager mentioned that a lawsuit had been filed against the City and the Hennepin Recycling Group from BFI. Discussion was held about Councilmembers signing up to walk in the parade route for the recycling trucks in the Crystal Frolics. The City Manager mentioned the Employees Picnic to be held August 25 and that any donations by the City Councilmembers would be appreciated. 18. The City Council considered the fact that the appraisal for Kiemele property had been received for three lots and the purchase agreement has been signed for $12,500. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the purchase of Kiemele property for $12,500 to be incorporated with Bassett Creek Park. Ed Brandeen is to be recognized for taking care of the lights on the tennis court so promptly. Discussion was held on the great job the Park Department does with their program for the elderly of the City and the City Manager will write a draft of thanks. 19. Moved by Councilmember Herbes 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. July 5, 1988 page 276 Moved by Councilmember Herbes and seconded Smothers to adjourn the meeting. The meeting was adjourned at 9:37 p.m. ATTEST: i eputy City Clerk by Councilmember Motion Carried. Mayor 1 �I July 19, 1988 page 277 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on July 19, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Langsdorf, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Julie Jones, Recycling Coordinator; 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 July 5, 1988. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve, the minutes of the Regular City Council meeting of July 5, 1988, making the following exceptions: on Item #18, change the purchase agreement amount for the Kiemele property from $12,500 to $12,000. Motion Carried. The Mayor presented a $100 Recycling Check for the June winner to Russell and Irene Anderson. The Mayor presented Metropolitan Council Recycling Tonnage Rebate checks to Boy Scout Troop #530 and St. Raphael's School for their long standing, recycling drop-off programs within the City of Crystal. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 p.m., or as soon thereafter as the matter may be heard, August 2, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Daniel F. Otten for a variance to build an 80' by 50' double bungalow at 5756 Orchard Avenue North. 2. Consideration of the resignation of Burke Hilden from the Crystal Human Relations Commission. 3. Consideration of the release of financial surety in the amount of $800 for site improvements at 5926 56th Avenue North. 4. Consideration of final approval of plat Hagel Addition located at 6500 - 46th Avenue North. July 19, 1988 page 278 Moved by Councilmember Moravec and seconded by Councilmember Herbes 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 Aaker declared this was the date and time as advertised for a p�iblic hearing at which time the City Council will sit as a Boaji of Adjustments and Appeals to consider a request from Todd Bakke for a variance to encroach 7.5' in the required 30' side street setback to build a 16' x 26' deck at 4933 Vera Cruz Avenue North. The Mayor close' the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve 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), 2)iii to grant a variance of 7.5' in the required 30' side street sideyard setback to build a 16' by 26' deck at 4933 Vera Cruz Avenue North as requested in variance application #88-35. 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 6048 Lakeland Avenue North from B-4 (Community Commercial) to B-3 (Auto -Oriented Commercial) as requested by Gunnar Norling. Those present and heard were: Gunnar and John Norling, owners Floyd Dalseth, 6412 - 61st Avenue North Robert Bartosch, 6101 Florida Avenue North Jeff Skold, 6312 - 61st Avenue North Ron Long, 6131 Florida Avenue North Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATIONS OF CERTAIN LANDS Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to table for further study by staff. By roll call and voting aye: Leppa, Moravec, Rygg, Langsdorf, Aaker; voting no: Smothers, Herbes. July 19, 1988 page 279 Motion Carried. 2. The City Council considered a request for building permit and site improvement agreement to remodel existing building at 5241 Hanson Court. Jim Haberle, part owner of the building, appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve building permit #832 to remodel existing building located at 5241 Hanson Court, subject to standard procedure. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to set surety in the amount of $4,400 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for remodeling the existing building at 5241 Hanson Court, and further, to authorize the Mayor and City Manager to sign such agreement. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to set surety in the amount of $1,950 for site improvements as indicated in the agreement, with the deletion of storm sewer construction. Motion Carried. 3. The City Council considered a request from Donald Hansen for a building permit to build an aircraft storage hangar on Lot 7A, Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve building permit #842 to Donald Hansen to build a 40' by 92' aircraft storage hangar on Lot 7A, Crystal Airport, subject to standard procedure. Motion Carried. 4. The City Council considered a request from Stanley Krafka to build an aircraft storage hangar on Lot 68F, Crystal Airport. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve building permit #835 to Stanley Krafka to build a 38' by 40' aircraft storage hangar on Lot 68F, Crystal Airport, subject to standard procedure. Motion Carried. 5. The City Council considered a request from the Crystal Fire Relief Association to operate two beerstands at Becker Park during the Crystal Frolics on July 29, 30, and 31, 1988. Don Toays of the Crystal Fire Relief Association appeared and was heard. July 19, 1988 page 280 Moved by Councilmember Smothers and seconded by Councilmember Herbes to waive the license fee for the operation of the two beer stands at Becker park on July 29, 30, 31, 1988, by the Crystal Fire Relief Association. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec to approve a request from the Crystal Fire Relief Association to operate two beerstands at Becker Park during the Crystal Frolics on July 29, 30 and 31, 1988, and to require a minimum amount of Insurance of $500,000 for Limit of Liability for all City organizations selling liquor, and further, that the insurance policy or certificate state clearly that the City of Crystal is the additional insured. Motion Carried. 6. The City Council considered installing a two-way stop sign on 44th Avenue at its intersection with Adair Avenue and a two- way stop sign on Xenia Avenue at its intersection with 44th Avenue. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the installation of a two-way stop sign on 44th Avenue at its intersection with Adair Avenue and a two- way stop sign on Xenia Avenue at its intersection with 44th Avenue as recommended by the City Engineer. Motion Carried. 7. The City Council considered the annual pig roast at Steve O's, 4900 West Broadway, on September 17, 1988, with extension of his 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 September 17, 1988, with extension of his liquor license to include the parking lot. Motion Carried. 8. The City Council considered a request from Klein Shows and Crystal Frolics Committee to operate a carnival at Becker Park during the Crystal Frolics on July 29, 30, and 31, 1988. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve a request from Klein Shows and Crystal July 19, 1988 page 281 Frolics Committee to operate a carnival at Becker Park during the Crystal Frolics on July 29, 30, and 31, 1988, pending receipt of Certificate of Insurance. Motion Carried. Moved by Councilmember Smothers to waive the license fee to operate the carnival at Becker Park during the Crystal Frolics on July 29, 30 and 31, 1988. Motion failed for lack of second. 9. John Paulson appeared before the City Council, to discuss a senior citizen discount for sewer service. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to undertake a survey, on the probable cost to administer a program for a discount for sewer service to senior citizens residing in apartment dwellings. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to amend the motion to direct staff to review the entire sewer rate program. By roll call and voting aye: Herbes, Moravec, Langsdorf, Leppa, Smothers, Aaker; voting no: Rygg Motion Carried. On the motion as amended: Motion Carried. The Mayor called a recess at 9:06 p.m. and meeting was reconvened at 9:22 p.m. 10. The City Council considered a request from the Crystal Fire Relief Association for change in the By -Laws. Don Toays of the Crystal fire Relief association appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Leppa to table the request from the Crystal Fire Relief Association for change in their By -Laws to allow further study by staff. By roll call and voting aye: Aaker, Moravec, Langsdorf, Leppa; voting no: Smothers, Herbes, Rygg. Motion Carried. The City Attorney left for the rest of the meeting at this point. 11. The City Council considered a report from Julie Jones, Recycling Coordinator, on alternate sites for Crystal Recycling drop-off. July 19, 1988 page 282 Moved by Councilmember Leppa and seconded by Councilmember Moravec to approve the recommendation of the Recycling Coordinator to contract with Super Cycle who will provide a truck on Saturdays using either the City Hall parking lot or the Crystal pool parking lot for the Crystal Recycling Drop- off site. Motion Carried. 12. The City Council considered an award of bid for playground equipment. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-39 RESOLUTION AWARDING A CONTRACT TO VIKING FENCE By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. Moved by Councilmember Leppa and seconded by Councilmember Moravec to defer to a later date pending budget resolution. Motion Carried. 13. The City Council considered the final draft of the Shingle Creek Water Shed Management Plan. Moved by Councilmember Rygg and seconded by Councilmember Herbes to accept the final draft of the Shingle Creek Water Shed Management plan. Motion Carried. 14. The City Council considered the Second Reading of an Ordinance amending Crystal City Code regarding motor vehicle sales as a conditional use in B-3 (auto -oriented commercial) and I-1 (light industrial) Districts. Moved by Councilmember Smothers and seconded by Councilmember Herbes to table pending outcome of the rezoning request at 6048 Lakeland Avenue North. By roll call and voting aye: Herbes, Rygg, Langsdorf, Smothers, Aaker; voting no: Moravec, Leppa. Motion Carried. July 19, 1988 page 283 15. The City Council considered a request from Northwest Branch Y.M.C.A. for an increase in financial support from the City of Crystal for the Detached Worker program. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue this item to the August 2, 1988 meeting to allow attendance of Y.M.C.A. representative. Motion Carried. 16. Moved by Councilmember Herbes and seconded by Councilmember Leppa 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 Herbes and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. The meeting was adjourned at 10:13 p.m. 1 ATTEST: City Clerk J 1 Mayor August 2, 1988 page 284 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 2, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Langsdorf, Leppa, 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. 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 July 19, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve, the minutes of the Regular City Council meeting of July 19, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 p.m., or as soon thereafter as the matter may be heard, August 16, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Ed Brandeen for a variance of 14 feet in the required 40' rear yard setback to build a 16' x 20' three -season porch and a 6' x 20' deck at 6816 - 39th Avenue North. Moved by Councilmember Herbes 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 Aaker 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 Daniel F. Otten to vary the rear yard setback requirements and to vary the requirement from the corner of the property to the curb cut to allow the construction of a 80' x 50' double house at 5756 Orchard Avenue North. The Mayor closed the Public Hearing. A. Moved by Councilmember Smothers and seconded by Councilmember Herbes 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 August 2, 1988 page 285 the strict application of Section 515.13, Subd. 4a), to grant a variance of 13' in the required 40' rear yard setback, for construction of a 80' by 50' double house at 5756 Orchard Avenue North as requested in variance application #88-34. Motion Carried. B. Moved by Councilmember Leppa and seconded by Councilmember Moravec to deny as recommended by and based on the findings of fact of the Planning Commission a variance of 18' in the required 50' from the corner of the property to the curb cut at 5756 Orchard Avenue North as requested in variance application #88-36. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Winnetka Woods located at 3411 Winnetka Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Tim Keane, Attorney Diane Schipper, 3425 Winnetka (presented a letter in opposition dated 7-27-88 to Mayor and Council from Winnetka Park residents. Mike Blehert, 3408 Utah Avenue North Paul Goda, 3349 Winnetka Avenue North John Javner, 3309 Winnetka Avenue North Ralph Tully, Attorney representing property owner Jim Glyer, 3425 Winnetka Avenue North Ms. Blehert, 3408 Utah Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf that staff provide findings of fact for denial and bring back to the August 16, 1988 Council meeting. Motion Carried. The Mayor called a recess at 8:29 p.m. and the meeting was reconvened at 8:43 p.m. The City Council considered the following items on the Regular Agenda: 1. Dana Sorenson, Associate Director, and Carl Parker, Detached Worker for Crystal, of the Northwest Y.M.C.A. appeared before the City Council to discuss an increase in the financial support for 1989. Alan Spillers, Executive Director, was also introduced by Mr. Sorenson. August 2, 1988 page 286 Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a $1,000 increase (making a $14,000 total) for the Detached Worker Program of the Northwest Y.M.C.A., and further, to direct staff to make such increase in the 1989 City of Crystal Budget. Motion Carried. 2. The City Council considered a request for a mid -block stop sign on Georgia between 34th and 36th Avenues. Those appearing and heard were: Diane Meier, 3442 Georgia Avenue North Nancy Emond, 3443 Georgia Avenue North Emily Emond, 3443 Georgia Avenue North Kelly Hausler, 3413 Georgia Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Rygg to install a stop sign on Georgia Avenue North southbound at 34th Avenue. Motion Carried. 3. The City Council considered a a resolution regarding employment as presented by Arthur Cunningham of the Civil Service Commission. Moved by Councilmember Moravec and seconded by Councilmember Rygg to refer the resolution to City staff for reviewal of the wording contained in the resolution. Motion Carried. 4. The City Council considered sign variance requests from Johnson Equipment Company at 5141 Lakeland Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve sign variance applications #88-2 and #88-3 for 5141 Lakeland Avenue North, with the assurance that the tower will go down. Motion Carried. 5. The City Council considered a request from Carl and Dawn Schultz, 5913 Kentucky Avenue North, to have beer in Becker Park for a family reunion on August 13, 1988. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a request from Carl and Dawn Schultz, 5913 Kentucky Avenue North, to have beer in Becker Park for a family reunion on August 13, 1988. Motion Carried. The Mayor called a recess at 10:00 p.m. and the meeting was reconvened at 10:10 p.m. 6. The City Council considered the First Reading of an Ordinance rezoning property at 6048 Lakeland Avenue North from B-4 (Community Commercial) to B-3 (Auto Oriented Commercial) as requested by Gunnar Norling. August 2, 1988 page 287 The Mayor asked for a motion for removal of this item from the table with no response from Councilmembers. Item remains tabled. 7. The City Council considered the Second Reading of an Ordinance amending water use restrictions. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88-5 AN ORDINANCE RELATING TO THE CITY WATER SYSTEM: AMENDING CRYSTAL CITY CODE, SUBSECTION 715.41 and further, that this be the second and final reading. Motion Carried. 8. The City Council considered a resolution regarding water usage restriction. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-40 RESOLUTION ESTABLISHING A TOTAL SPRINKLING BAN FOR WATER CUSTOMERS IN THE CITY OF CRYSTAL By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 9. The City Council considered a report from Bill Monk, City Engineer, regarding Twin Lake dredging at TH 100. No action was taken. 10. The City Council considered the 1988 contract with Police Supervisors. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the 1988 contract with Police Supervisors. Motion Carried. August 2, 1988 page 288 11. The City Council considered the appointment of election judges and designation of polling places for the September 13, 1988, primary election. Moved by Councilmember Smothers and seconded by Councilmember Rygg to appoint election judges and designation of polling places for the September 13, 1988, primary election. Motion Carried. 12. The City Council considered a request from the League of Minnesota Cities for volunteers to serve on the Joint Committee with AMM on a Solid Waste Study. Mayor Aaker appointed Councilmember Langsdorf to serve on the committee. Councilmember Smothers volunteered in the event that Councilmember Langsdorf is unable to serve on the committee. 13. The City Council considered a Resolution Approving And Authorizing Execution Of Amendment No. 1 To Loan And Bond Purchase Agreement Relating To $6,000,000 Commercial Development Revenue Bond Of 1984 (Crystal Gallery Project) Of The City Of Crystal, Minnesota. 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. 88-41 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT NO. 1 TO LOAN AND BOND PURCHASE AGREEMENT RELATING TO $6,000,000 COMMERCIAL DEVELOPMENT REVENUE BOND OF 1984 (CRYSTAL GALLERY PROJECT) OF THE CITY OF CRYSTAL, MINNESOTA By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 14. Moved by Councilmember Herbes 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 Leppa and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. August 2, 1988 page 289 The meeting was adjourned at 10:45 p.m. ATTEST: City Clerk If 1 Mayor August 16, 1988 page 290 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 16, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Langsdorf, Leppa, 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. 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 August 2, 1988. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of August 2, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance to build a new house at 3541 Lee Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance to allow two curb cuts at 3557 Orchard Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance to expand a non -conforming building at 6625 - 45th Avenue North. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance to expand a non -conforming building at 5540 Lakeland Avenue North. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of August 16, 1988 page 291 Adjustments and Appeals to consider a request for a variance to encroach in the side street sideyard setback at 5325 Welcome Avenue North. 6. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request to consider a parking variance of 45 spaces at the VFW building at 5222 - 56th Avenue North. 7. Set 7:00 P.M., or as soon thereafter as the matter may be heard, September 6, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a parking variance of 20 spaces for a restaurant expansion at 6121 - 42nd Avenue North. 8. Consideration of a request from Fireman's Relief Association to hold a street dance and raffle in the parking lot of the John T. Irving Fire Station, 5341 Douglas Drive, on August 20, 1988. 9. Consideration of a request from Crystal Lions Club to sell 3.2 beer at the John T. Irving Fire Station, 5341 Douglas Drive, on August 20, 1988 for the Crystal Fireman's Relief Association's street dance and raffle. 10. Consideration of a request from VFW Post #494 to sell pulltabs at the John T. Irving Fire Station on August 20, 1988 for the Crystal Fireman's Relief Association's street dance and raffle. 11. Consideration of a request from Crystal Lion's Club to operate a 3.2 beer stand in the parking lot at 5410 Lakeland Avenue North (Elk's Lodge #44) on September 10, 1988 and waiver of fee. 12. Consideration of a request for a temporary on -sale liquor license for an event at the Elk's Lodge #44 on September 11, 1988 between 1:00 p.m. and 5:30 p.m. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa 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 Aaker 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 Edward C. Brandeen for a variance of 14 feet in August 16, 1988 page 292 the required 40' rear yard setback to build a 16' x 20' three - season porch and a 6' x 20' deck at 6816 - 39th Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve 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 14 feet in the required 40' rear yard setback to build a 16' x 20' three -season porch and a 6' x 20' deck at 6816 - 39th Avenue North as requested in variance application #88-40. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a resolution denying preliminary approval of proposed plat for the Winnetka Woods Addition located at 3411 Winnetka Avenue North. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-42 RESOLUTION DENYING PRELIMINARY APPROVAL OF PROPOSED PLAT FOR WINNETKA WOODS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 2. The City Council considered a building permit for interior and exterior changes at Rapid Oil, 5602 Lakeland Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve building permit #989 for Rapid Oil, 5602 Lakeland Avenue North. Motion Carried. 3. The City Council considered the applications of Phyllis Isaacson and Mary Pat Hanauska for appointment to the Environmental Quality Commission. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint both applicants, flip a coin to see which would be appointed to the Environmental Quality Commission for an unexpired term expiring 12-31-90, and have the remaining applicant attend meetings until such time as another opening occurs on the Commission. August 16, 1988 page 293 By roll call and voting aye: Herbes, Rygg, Smothers; voting no: Moravec, Langsdorf, Aaker, Leppa. Motion Failed. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to appoint Mary Pat Hanauska to the Environmental Quality Commission for an unexpired term expiring 12-31-90. Motion Carried. 4. The City Council considered the applications of Renee Werner, Lois Ehret, Sherwood Mellom, and Arlene J. West for appointment to the Human Relations Commission. Sherwood Mellom did not appear. Moved by Councilmember Leppa and seconded by Councilmember Smothers to appoint Lois Ehret to the Human Relations Commission for an unexpired term expiring 12-31-88. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Herbes to appoint Arlene West to the Human Relations Commission for an unexpired term expiring 12-31-88. Motion Carried. 5. Patty Wilder, Executive Director of Northwest Hennepin Human Services Council, appeared before the City Council to discuss the 1989 Budget. Moved by Councilmember Leppa and seconded by Councilmember Moravec to thank Patty Wilder and Crystal Representative on the Human Services Council, Paul Schulte, for appearing before the Council and to direct staff to consider- the 4.5 cent per capita increase in funding when preparing the 1989 budget. Motion Carried. 6. The City Council considered the proposed By-laws for the Firefighters Relief Association. A. Moved by Councilmember Moravec and seconded by Councilmember Leppa to remove Item #6 from the table. Motion Carried. B. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the proposed By-laws for the Firefighters Relief Association a copy of which is on file in the office of City Clerk and is made a part of this motion as set forth in full herein. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to amend the motion to approve the entire document with the exception of Article XI - GENERAL FUND LUMP SUM PENSION in the proposed bylaws (Article X in existing bylaws), August 16, 1988 page 294 and direct the Firefighters Relief Association to review Article XI and return to the Council with a revised proposal for that Article. Motion Carried. On main motion as amended: Motion Carried. 7. The City Council considered awarding bids for reroofing of Sewer & Water Maintenance garage. 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. 88-43 RESOLUTION AWARDING A BID TO PALMER WEST By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 8. The City Council considered final plat approval of Beelen 2nd Addition at 3836-38 Douglas Drive. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-44 RESOLUTION APPROVING PLAT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 9. The City Council considered First Reading of an Ordinance revising variance procedure for non -conforming lots and structures in R-1 District. (5 votes needed for approval) Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I - ZONING) SUBSECTION 515.05, SUBDIVISION 2: SUBSECTION 515.551 BY ADDING A SUBDIVISION; REPEALING SUBSECTION 515.55, SUBDIVISIONS 9 AND 11 and further, that the second and final reading be held on September 6, 1988. August 16, 1988 page 295 Motion Carried. 10. The City Council considered the First Reading of an Ordinance relating to skateboards. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO SKATEBOARDS: AMENDING CRYSTAL CITY CODE BY ADDING A SECTION and further, that the second and final reacting be held on September 6, 1988. Motion Carried. 11. The City Council considered attendance to the League of Minnesota Cities Regional meeting on Monday, September 12, 1988. Councilmember Langsdorf indicated that she would be attending and had sent her registration in. 12. The City Council considered City Council attendance to the City Picnic on August 25, 1988. The City Manager asked that any Councilmembers planning to attend, please get their responses to staff. 13. The City Council considered a resolution rescinding all sprinkling restrictions for water customer; in the City of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-45 A RESOLUTION RESCINDING ALL SPRINKLING RESTRICTIONS FOR WATER CUSTOMERS IN THE CITY OF CRYSTAL By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 14. Moved by Councilmember Moravec and seconded by Councilmember Leppa to remove from the table for consideration at the September 6, 1988 meeting the Second Reading for an Ordinance Amending Crystal City Code Regarding Motor Vehicle Sales as a Conditional Use in B-3 (Auto -oriented Commercial) and I-1 (Light Industrial) Districts. August 16, 1988 page 296 Motion Carried. 15. Moved by Councilmember Moravec and seconded by Councilmember Leppa to remove from the table for consideration at the September 6, 1988 meeting, the First Reading of an Ordinance Rezoning Property at 6048 Lakeland Avenue North from B-4 (Community Commercial) to B-3 (Auto -Oriented Commercial) as requested by Gunnar Norling. Motion Carried. The City Manager advised Council that staff was working on obtaining a public relations firm and a Citizens Committee for the Community Center bond Issue. If Council has names for Citizens Committee, submit to staff. 16. Moved by Councilmember Herbes 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 Rygg and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. The meeting was adjourned at 8:57 p.m. r/ , �� r Mayor '— ATTEST: A0A Pmtp 1p- - City Clerk September 6, 1988 page 297 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 6, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Langsdorf, Leppa, 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. 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 August 16, 1988. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the minutes of the Regular City Council meeting of August 16, 1988. Motion Carried. The Mayor and City Council acknowledged the receipt of a check in the amount of $308.05 from the Elks Clubs to be used in the Crystal Police Department Drug Education Program. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 4, 1988, as the date and time for a public hearing at which time the City Council will. consider assessments for Bass Lake Road street improvement, 1988 Seal Coat Program, sidewalk repair, disease tree, debris removal, weed cutting, and delinquent sewer and water payments. 2. Consideration of resignation of Carolyn Carlson from the Human Relations Commission effective 8-23-88. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa 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 Aaker 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 Mike Wilder for a variance of 20' in the required 60' lot width to allow the construction of a house at 3541 Lee Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. September 6, 1988 page 298 The Mayor closed the Public Hearing. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve a request from Mike Wilder for a variance of 20' in the required 60' lot width to allow the construction of a house at 3541 Lee Avenue North. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Timothy Bownik to allow two curb cut openings at 3557 Orchard Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Timothy Bownik. The Mayor closed the Public Hearing. Moved by Councilmember Herbes and seconded by Councilmember Leppa 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 515.09, Subd. 4 h) 10) to allow two curb cut openings at 3557 Orchard Avenue North as requested in variance application #88-37. By roll call and voting aye: Smothers, Leppa, Herbes, Moravec, Langsdorf, Aaker; voting nay: Rygg. Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Richard and Brenda Swanson for a variance to expand a non -conforming building (non -conformity being the existing building encroaches 17' 6" in the required 40' rear yard setback) and to grant a variance of 17' 6" in the required 40' rear yard setback to build an addition at 6625 - 45th 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 Rygg 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 515.05, Subd. 2, to expand a non -conforming use; and Section 515.13, Subd. 4 a) to grant a variance of 17' 6" in the required 40 ' rear yard setback to permit an addition to the existing house at 6625 - September 6, 1988 page 299 45th Avenue North as requested in variance applications #88-38 and #88-39. Motion Carried. 4. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Walter Johnson for a variance to expand a non- conforming building (said non -conformity being the existing building encroaches 8' in the required 22' front yard setback) to allow the construction of a 822 square foot addition to the first floor at 5540 Lakeland Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. The Mayor closed the Public Hearing. A. 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 51.5.05, Subd. 2, to allow the expansion of a non -conforming building to permit a 14' x 5412" and 8' x 2413" additions to be constructed at 5540 Lakeland Avenue North as requested in variance application #88-31. Motion Carried. B. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to set surety in the amount of $28,000 as a guarantee of faithful performance of certain requirements of condition of building permit approval for Paddock expansion at 5540 Lakeland Avenue North and further, to authorize the Mayor and City Manager to sign such site improvements agreement. Motion Carried. C. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve building permit #995 for The Paddock at 5540 Lakeland Avenue North. Motion Carried. 5. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Kevin Gannon for a variance of 12' in the required 30' side street side yard setback to build a 16' x 24' deck at 5325 Welcome Avenue North. The Mayor asked those September 6, 1988 page 300 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 Leppa 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. 3 a) 2) iii) to grant a variance of 12' in the required 30' side street side yard setback for the construction of a 16' x 24' deck on the existing house at 5325 Welcome Avenue North as requested in variance application #88-41. Motion Carried. 6. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Walter Johnson for a variance of 45 off-street parking spaces in the required 216 parking spaces at 5222 - 56th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Wally Johnson, Architect for and member of VFW Post #494. The Mayor closed the Public Hearing. A. Moved by Councilmember Smothers and seconded by Councilmember Moravec 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 515.09 , Subd. 8 v), to grant a variance of 45 spaces in the required 216 parking spaces at 5222 - 56th Avenue North as requested in variance application #88-43. By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Leppa, Smothers; abstaining: Aaker. Motion Carried. B. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to set surety in the amount of $49,700 as a guarantee of faithful performance of certain requirements as a condition of building permit approval for Charles R. Knaeble #494 VFW at 5222 - 56th Avenue North, and further, to authorize the Mayor and City Manager to sign such site improvements agreement. September 6, 1988 page 301 By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Leppa, Smothers; abstaining: Aaker. Motion Carried. C. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve building permit #992 for Anterior remodeling and building additions to the Charles R. Knaeble #494 VFW at 5222 - 56th Avenue North. By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Leppa, Smothers; abstaining: Aaker. Motion Carried. 7. It being 7:00 p.m., or as soon thereafter as the matter may be The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Rygg to table for staff and owner to work on redesign of the parking area. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered final approval of the plat Hagel Addition located at 6500 - 44th Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-38A RESOLUTION APPROVING PLAT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. heard, Mayor Aaker 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 Keng's Chow Mein for a variance of 20 off-street parking spaces in the required 40 parking spaces at 6121 - 42nd Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Yee Tee Wang, owner; Judy Wang, owner's daughter (presented petitions to Council); James Scott, owner of building; Bob Gou, patron of restaurant; Mike Locketz of Liberty Garment; Rita Proctor, patron of restaurant; Nancy Wong, patron of restaurant. The Mayor closed the Public Hearing. Moved by Councilmember Smothers and seconded by Councilmember Rygg to table for staff and owner to work on redesign of the parking area. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered final approval of the plat Hagel Addition located at 6500 - 44th Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-38A RESOLUTION APPROVING PLAT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. September 6, 1988 page 302 2. The City Council considered the application of Renee Werner for appointment to the Human Relations Commission for term expiring December 31, 1989. Moved by Councilmember Moravec and seconded by Councilmember Herbes to appoint Renee Werner to the Human Relations Commission for an unexpired term expiring 12-31-89. Motion Carried. 3. The City Council considered a request from Judy Rice of the Crystal Human Relations Commission for approval of brochure and funding to print and distribute brochure. Those present and heard were: Judy Rice. Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve a request from Judy Rice of the Crystal Human Relations Commission for approval of brochure and funding to print and distribute brochure. Motion Carried. 4. The City Council considered the Second Reading of an Ordinance amending City Code regarding motor vehicle sales as a conditional use in B-3 (Auto Oriented Commercial) and I-1 (Light Industrial) Districts. Moved by Councilmember Smothers to table until such time as request for rezoning of 6048 Lakeland (Norling Motors) has been resolved. Motion failed for lack of a second. Ron Long appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX 1 -ZONING) SUBSECTIONS 515.35 AND 515.39 BY ADDING SUBDIVISIONS: REPEALING CRYSTAL CITY CODE (APPENDIX 1 -ZONING) SUBSECTIONS 515.35, SUBDIVISION 2 H) AND 515.39, SUBDIVISION 2 E) and further, that this be the Second and Final Reading. By roll call and voting aye: Moravec, Aaker, Leppa; nay: Herbes, Rygg, Langsdorf, Smothers. Motion Failed. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to reconsider the Second Reading of an Ordinance September 6, 1988 page 303 amending City Code regarding motor vehicle sales as a conditional use in B-3 (Auto Oriented Commercial) and I-1 (Light Industrial) Districts. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to continue to the September 20, 1988 meeting. By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; nay: Moravec. Motion Carried. 5. The City Council considered the First Reading of an Ordinance rezoning property at 6048 Lakeland Avenue North from B-4 (Community Commercial) to B-3 (Auto Oriented Commercial) as requested by Gunnar Norling. Those present. and heard were: Jan Jurek, 6051 Florida Avenue North; Gunnar Norling, owner; Pat Deutscher, 6401 Lombardy Lane; Bud Krat.tenmaker, 6057 Florida Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LAND and further, that the Second and Final Reading be held on September 20, 1988. By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; nay: Moravec. Motion Carried. The Mayor called recess at 9:03 p.m. and the City Council reconvened at 9:20 p.m. 6A. The City Council considered the First Reading of an Ordinance regarding sale of 5,911 square feet of excess right-of-way north of Rapid Oil subject to standard site improvement policies and subject to negotiated price not to be less than the purchase price. Those present and heard were: Bob Mickelak of Rapid Oil. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO THE SALE OF CERTAIN MUNICIPALLY OWNED PROPERTY September 6, 1988 page 304 and further that the second and final reading be held on September 20, 1988. Motion Carried. B. The City Council considered approval of a modification to building permit #1089 for Rapid Oil located at 5602 Lakeland Avenue. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve a modification to building permit #1089 for Rapid Oil located at 5602 Lakeland Avenue. Motion Carried. 7. The City Council considered a sign variance, tower removal, and well abandonment at Johnson Equipment Company, 5141 Lakeland Avenue North. No action was taken. 8. The City Council considered the Second Reading of an Ordinance Amendment regarding variance procedures for non -conforming lots and structures in an R-1 (Residential) District. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88-6 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX 1 -ZONING) SUBSECTION 515.05, SUBDIVISION 2: SUBSECTION 515.55, BY ADDING A SUBDIVISION: REPEAL SUBSECTION 515.55, SUBDIVISIONS 9 AND 11 and further, that this be the Second and Final Reading. Motion Carried. 9. The City Council considered Second Reading of an Ordinance regarding skateboards. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 88-7 AN ORDINANCE RELATING TO SKATEBOARDS: AMENDING CRYSTAL CITY CODE BY ADDING A SECTION and further, that this be the Second and Final Reading. Motion Carried. 10. The City Council considered setting 7:00 p.m., or soon thereafter as the matter may be heard, September 14, 1988, as the date and time for a public hearing at which time the City Council will consider the official canvass of the results of the primary election held September 13, 1988. September 6, 1988 page 305 Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve setting September 14, 1988, 7:00 p.m., as the date and time to canvass votes for the primary election of September 13, 1988. Motion Carried. 11. The City Council considered setting September 14, 1988, 7:00 p.m., or as soon thereafter as the matter may be heard, as the date and time for the Council work session on the 1989 Budget proposal. Mayor Aaker called September 27, 1988, 7:00 p.m., or as soon thereafter as the matter may be heard, as the date and time for the Council Work Session on the 1989 Budget proposal. Motion Carried. 12. The City Council considered an itinerant food establishment license for VFW Post 494, 5222 - 56th Avenute North, for a pig roast on August 21, 1988 and also to waive the fee. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve an itinerant food establishment license for VFW Post 494, 5222 - 56th Avenue North, for a pig roast on August 21, 1988 and to waive the fee. Motion Carried. 13. The City Council considered a resolution calling for a bond issue election on November 8, 1988 ballot. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-46 RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 14. The City Council considered the proposed Charter Commission Amendment as submitted by the Crystal Charger Commission. Moved by Councilmember Leppa and seconded by Councilmember Smothers to place consideration of the proposed Charter September 6, 1988 page 306 Commission Amendment as submitted by the Crystal Charter Commission on the September 20, 1988 Council Agenda. Motion Carried. 15. The City Council considered a Resolution transferring funds from Emergency Allowance to the Recycling Department. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-47 RESOLUTION TRANSFERRING FUNDS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 16. Moved by Councilmember Herbes 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. The meeting was adjourned at 10:20 p.m. Mayor ATTEST: a&aA11AA0 �,Wll I City Clerk September 14, 1988 page 307 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 14, 1988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Aaker, Leppa, Smothers. Absent were: Rygg, Langsdorf. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Aaker declared this was the time and date for the official canvass of the results of the Primary Municipal Election held on September 13, 1988. The City Clerk presented to the Council the certification of the returns of the election. 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. 88-48 RESOLUTION CANVASSING THE VOTE AND DECLARING THE RESULTS OF THE PRIMARY MUNICIPAL ELECTION By roll call and voting aye: Herbes, Moravec, Aaker, Leppa, Smothers; absent, not voting: Rygg, Langsdorf. Motion carried, resolution declared adopted. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. Meeting adjourned at 7:02 p.m. Mayor ATTEST: J-4A� 1'6� lr-R--- City Clerk September 20, 1988 page 308 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 20, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Langsdorf, Leppa, 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; Julie Jones, Recycling 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 September 6, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of September 6, 1988. Motion Carried. The City Council considered the minutes of the Special meeting of September 14, 1988. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the minutes of the Special meeting of September 14, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of the resignation of Pam Hanly from the Environmental Quality Commission. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 4, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Harold and Kathleen Barry for a variance to build a 24' x 28' detached garage at 5260 Georgia Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 4, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Larry McDonald for a variance to build a 18' x 26' attached garage at 3232 Louisiana Avenue North. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. September 20, 1988 page 309 The City Council considered the following items on the Regular Agenda: 1. The City Council considered a land split in lieu of a plat for property located at 3006 Douglas Drive as requested by Gail Hedlund, and also to request a waiver for plat fees. 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. 88-49 RESOLUTION APPROVING PROPERTY SPLIT AT 3006 DOUGLAS DRIVE, PID 21-118-21-32-0013 By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 2. The City Council considered the Second Reading of an Ordinance Amendment Rezoning Property at 6048 Lakeland Avenue North from B-4 (Community Commercial) to B-3 (Auto Oriented Commercial) for Norling Motors. Those appearing and heard were: Ronald Long, 6131 Florida Avenue North; Jan Jurek, 6051 Florida Avenue North; John Norling, Norling Motors. A. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO ZONING CODE: CHANGING THE USE CLASSIFICATION OF CERTAIN LAND and further, that this be the second and final reading. By roll call and voting aye: Smothers, Leppa, Herbes, Rygg; voting no: Moravec, Langsdorf, Aaker. Motion Failed. The City Attorney advised that a resolution for denial should be prepared and placed on the agenda for the October 4, 1988 Council meeting. 3. The City Council considered a request from Keng's Chow Mein for a variance of 20 off-street parking spaces in the required 40 parking spaces at 6121 - 42nd Avenue North. Those appearing and heard were: James Scott, building owner and owner of Superior Contracting. A representative of Keng's Chow Mein appeared and was heard. September 20, 1988 page 310 A. Moved by Councilmember Smothers and seconded by Councilmember Herbes to remove item #3 from the table. Motion Carried. B. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve a variance of 20 off-street parking spaces in the required 40 parking spaces at 6121 - 42nd Avenue North as requested in variance application #88-44. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve the variance pending an acceptable agreement with Northwestern Bell for two handicapped parking spaces, signed agreement with Liberty Garment for use of their parking lot, a reduction of storage space by one half for Superior Contracting Company, and accessibility to the restaurant from the back parking area by stairway. By roll call and voting aye: Moravec, Langsdorf, Leppa; voting no: Herbes, Rygg, Smothers, Aaker. Moved by Councilmember Moravec to the variance with the stipulation from Northwestern Bell to include supplying handicapped parking and from the back parking area. Motion Failed. amend his motion to approve that a letter be secured handicapped accessibility by that a stairway be provided Motion Failed for lack of a second. Moved by Councilmember Leppa to amend the motion to approve the variance with the stipulation that a stairway be installed from the back parking area, an acceptable site plan for two more parking stalls be presented, storage area be more properly screened, and brush cut out. Motion Failed for lack of a second. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to amend the motion to include a stairway from the back parking lot, screening of the storage area in the rear of the building and removal of brush and trees. On the main motion as amended: Motion Carried. Motion Carried. C. Moved by Councilmember Moravec and seconded by Councilmember Leppa to set surety in the amount of $6,200 as a guarantee of faithful performance of certain requirements as a condition of building permit approval for Keng's Chow Mein, 6121 - 42nd 11 September 20, 1988 page 311 Avenue North, and further to authorize the Mayor and City Manager to sign such site improvement agreement, with the inclusion of two street level parking spaces for handicapped accessibility. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to continue motions C & D to October 4, 1988 Council meeting. By roll call and voting aye: Leppa; voting no: Smothers, Herbes, Moravec, Rygg, Langsdorf, Aaker. Motion Failed. An original motion with change in surety as indicated by Public Works Director. Motion Carried. D. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve building permit #979 for Keng's Chow Mein, 6121 - 42nd Avenue North. Motion Carried. The Mayor called recess at 9:00 p.m. and the City Council reconvened at 9:10 p.m. 4. The City Council considered a conditional use permit for a convenience food establishment at 5557 West Broadway for Crystal Shopping Center Associates. Those appearing and heard were: Bill Banet, Bonnie McKay, and John Streeter of Paster Enterprises; David Anderson, Crystal Planning Commission. A. Moved by Councilmember Herbes and seconded by Councilmember Leppa to deny as recommended by and based on the findings of fact of the Planning Commission application #88-42 as submitted by Crystal Shopping Center Associates to allow a drive-in convenience food establishment in a B-4 District (Community Commercial) at 5557 West Broadway. By roll call and voting aye: Smothers, Leppa, Herbes, Moravec, Langsdorf; voting no: Rygg, Aaker., Motion Carried. 5. The City Council considered the Second Reading of an Ordinance authorizing sale of public property at 5602 Lakeland Avenue North. A. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: September 20, 1988 page 312 ORDINANCE NO. 88-8 AN ORDINANCE RELATING TO THE SALE OF CERTAIN MUNICIPALLY OWNED PROPERTY and further, that this be the Second and Final Reading. Motion Carried. B. Moved by Councilmember Leppa and seconded by Councilmember Smothers to set surety in the amount of $13,600 as a guarantee of faithful performance of certain requirements as a condition of building permit approval for Rapid Oil, 5602 Lakeland Avenue North, and further to authorize the Mayor and City Manager to sign such site improvement agreement with the stipulation that if owner wishes to proceed with any of the items in the site plan before the actual closing on the site, that work would be done at the owner's risk and the City incurs no liability, plus all costs of the transfer of property be covered by Rapid Oil. Motion Carried. 6. The City Council considered modification to senior/disabled sanitary sewer rate discount program. John Paulson, a Crystal landlord, appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Leppa to direct staff to provide a method and an estimated cost of staff time to implement the program and bring back to Council in resolution form. Motion Carried. 7. The City Council considered Second Reading of an Ordinance Amendment related to sale of motorized vehicles as a conditional use in B-3 (Auto Oriented Commercial) and I-1 (Light Industrial) Districts. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88-9 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX 1 -ZONING) SUBSECTIONS 515.35 AND 515.39 BY ADDING SUBDIVISIONS: REPEALING CRYSTAL CITY CODE (APPENDIX 1 -ZONING) SUBSECTIONS 515.35, SUBDIVISION 2 h) AND 515.39, SUBDIVISION 2 e) and further, that this be the Second and Final Reading. Motion Carried. 8. The City Council considered a solid waste management agreement with Hennepin County. September 20, 1988 page 313 Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-50 RESOLUTION APPROVING THE 1988 SOLID WASTE MANAGEMENT AGREEMENT WITH HENNEPIN COUNTY By roll call and voting aye: Smothers, Leppa, Herbes, Rygg, Moravec, Langsdorf, Aaker. Motion carried, resolution declared adopted. 9. The City Council considered the First Reading of an Ordinance Amending the City of Crystal Charter. Moved by Councilmember Langsdorf and secondE�d by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE AMENDING'THE CITY OF CRYSTAL CHARTER and further, that the second and final reading be held on October 18, 1988. Motion Carried. 10. The City Council considered a Resolution transferring funds from Emergency Allowance to Legal Department. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-51 RESOLUTION TRANSFERRING FUNDS By roll call and voting aye: Smothers, Leppa, Herbes, Rygg, Moravec, Langsdorf, Aaker. Motion carried, resolution declared adopted. 11. The City Council considered rescheduling of December meetings - reschedule December 6 to November 29, and reschedule December 20 to December 131 due to conflicts. Mayor Aaker changed meeting dates as indicated above. 12. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the list of license applications as submitted September 20, 1988 page 314 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 Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. The meeting was adjourned at 10:33 p.m. Mayor ATTEST: City Clerk September 27, 1988 page 315 Pursuant to due call and notice given in the mariner prescribed by Section 3.01 of the City Charter, the Special Meeting of the Crystal City Council was held on September 27, 3.988, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The following were present: Herbes, Moravec (arrived at 8 p.m.), Rygg, Langsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; John A. Olson, Assistant City Manager; William Monk, Public Works Director; Don Peterson, Building Inspector; Miles Johnson, Finance Director; James Mossey, Chief of Police; Craig Thomseth, Police Manager; Richard Gautsch, Investigations Supervisor; Julie Jones, Redevelopment/Recycling Coordinator; Tom Heenan, Chief Sanitarian; Nancy Deno Gohman, Administrative Assistant; Art'. Quady, Fire Chief; Ed Brandeen, Park & Recreation Director. The City Council discussed the proposed 1988 Budget. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Meeting adjourned at 11:40 p.m. Mayor ATTES 1 Assistant City Manager October 4, 1988 page 316 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 4, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers. „Absent was: Langsdorf. Also in attendance were the following staff members: John Olson, Assistant City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Darlene George, City Clerk; Miles Johnson, Finance 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 September 20, 1988. Moved by Councilmember Leppa and seconded by Councilmember Herbes to approve the minutes of the Regular City Council meeting of September 20, 1988. Motion Carried. The City Council considered the minutes of the Special Work Session held on September 27, 1988. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the minutes of the Special Work Session held on September 27, 1988. Motion Carried. The Mayor acknowledged a donation by the Crystal Lions Club in the amount of $2,000 to be used in the Police Departments' Drug Awareness Resistance Education program (D.A.R.E.). The City Council considered the following items on the Consent Agenda: 1. Consideration of the appointment of election judges and designation of polling places for the November 8, 1988 General Election. 2. Consideration of a charitable gambling license for Lions Club Crystal at Palace Inn Broadway Pizza. Moved by Councilmember Rygg 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 Aaker 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 October 4, 1988 page 317 request from Larry McDonald for a variance to build an 18' x 26' attached garage that will encroach 2 feet in the required 5 foot side yard setback at 3232 Louisiana 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 Smothers and seconded by Councilmember Leppa to approve 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 2' in the required 5' side yard setback to build an 18' x 26' attached garage at 3232 Louisiana Avenue North as requested in variance application #88-47. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Harold and Kathleen Barry for a variance of 10 feet in the required 30 foot side street side yard setback to build a 24' x 28' detached garage at 5260 Georgia 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 Herbes and seconded by Councilmember Smothers to approve 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) 2) iii) to grant a variance of 10' in the required 30' side street side yard setback to build a 24' x 28' detached garage at 5260 Georgia Avenue North as requested in variance application #88-46. Motion Carried. 3. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider assessments for the Bass Lake Road Street Improvement Project #6689, Seal Coat Improvement #8889, Sidewalk Repair #8889, Disease Tree Removal #8889, Debris Removal #8889, Weed Cutting #8889, and Delinquent Sewer, Water, and Street Light Charges #8889. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard for Seal Coat Improvement #8889 were: Antonio Donato, 5509 Yates Avenue North; Michelle Kehn, 5550 Xenia Avenue North; Bruce Kleeberger, 5642 Zane Avenue North. Those present and heard for Sidewalk Repair #8889 were: Elaine Falkman, 3821 Adair Avenue North; Karen Krussow, 3827 Adair Avenue North. October 4, 1988, page 318 The Mayor closed the Public Hearing. A. Moved by Councilmember Leppa and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-52 RESOLUTION ADOPTING ASSESSMENT FOR BASS LAKE ROAD STREET IMPROVEMENT PROJECT #66-A By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. B. 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. 88-53 RESOLUTION ADOPTING ASSESSMENT FOR 1988 SEALCOAT PROGRAM PROJECT #88-1 By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. C. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-54 RESOLUTION ADOPTING THE ASSESSMENT FOR SIDEWALK REPAIR PROJECT #88-2 By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. D. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-55 RESOLUTION ADOPTING ASSESSMENT FOR DISEASED TREE REMOVAL AND WEED CUTTING AND DEBRIS REMOVAL October 4, 1988 page 319 By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. E. Moved by Councilmember Herbes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-56 RESOLUTION ADOPTING ASSESSMENT OF DELINQUENT SEWER, WATER, AND STREET LIGHT CHARGES By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a resolution from Art Cunningham of the Civil Service Commission regarding -the Hiring of the Disabled and Minorities in the Crystal Work Force. Moved by Councilmember Leppa and seconded by Councilmember Smothers to table the item for further study. By roll call and voting aye: Smothers, Leppa; voting no: Herbes, Moravec, Rygg, Aaker; absent, not voting: Langsdorf. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Rygg to amend the resolution as follows: 7th paragraph to read "BE IT FURTHER RESOLVED that the goal of the City is that by October 1, 1990, the developmental disabled and minorities will be hired in numbers representative of the population in the community and hiring opportunities." And, that the 8th paragraph should read "When vacancies occur through termination, retirements, promotions and so forth, a good faith effort will be made to fill the vacancies with qualified people from protected classes." Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution as amended, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-57 RESOLUTION FOR HIRING OF THE DISABLED AND MINORITIES IN THE CRYSTAL WORK FORCE October 4, 1988 page 320 By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. The Mayor called recess at 8:37 p.m. and the City Council reconvened at 8:50 p.m. 2. The City Council considered a Resolution Denying Application for Rezoning of Property at 6048 Lakeland Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88 - RESOLUTION DENYING APPLICATION FOR REZONING OF PROPERTY AT 6048 LAKELAND AVENUE NORTH BE IT RESOLVED By the City Council of the City of Crystal, Minnesota (City) as follows: Section 1. Background. 1.01. Norling Motors (Applicant) has'applied to the City for the rezoning of property (Property) located at 6048 Lakeland Avenue North in the City from B-4 Community Commercial to B-3 Auto Oriented Commercial. 1.02. On July 11, 1988, after a duly noticed public hearing, the Planning Commission of the City recommended denial of the proposed rezoning based upon the following findings: 1. Lot size at 15,000 square feet is too restrictive and not sufficient for the proposed long term use or other automotive uses. 2. Proposed use would increase traffic congestion in an area with poor access. 3. Poor track record in Crystal in terms of vehicle sales lots on sites of limited size. 4. Close proximity of existing residential property. 5. Potential adverse impact on the property values of said residential property. 1.03. On September 6, 1988, this Council considered the Applicant's request, gave first reading to an ordinance (Ordinance) to accomplish the rezoning, and took testimony from the Applicant, the City staff and owners of adjacent property. The Council October 4, 1988 page 321 reviewed extensive materials prepared by the City staff and examined a proposed site plan for the property. A second and final reading of the ordinance was scheduled for September 20, 1988. All interested parties were notified of the September 20 reading. 1.04. On September 20, 1988, the Council reviewed the application for rezoning and all materials and .information previously submitted to it on the matter and received further testimony from the Applicant, the staff, and other concerned parties. 1.05. On a motion to approve the application and to give second and final reading to the Ordinance, the Council vote was 4 in favor, 3 opposed. Under state law, Minnesota Statutes, Section 462.357, an affirmative vote of 2/3 of the governing body is required to approve the rezoning of the Property. Therefore, the Mayor declared that the application was not approved. The City Attorney and staff were then directed to prepare a resolution setting forth the findings and reasons of the Council expressed at the meeting for the disapproval of the application in the form of a denial of the application for rezoning. Sec. 2. Findings. 2.01. This Council makes the findings of fact set forth in this section as the basis for its denial of the application for rezoning of the Property. 2.02. The size of the property (15,000 sq.. ft.) is not adequate for the intensity of the proposed use. The Council has already indicated, by its approval of a modification to the Zoning Code (Ordinance no. 88-9) finally adopted on September 20, 1988, that a minimum lot size of 22,500 sq. ft. is required for the proposed use of the sale of motorized vehicles. Ordinance 88-9 would make the proposed use a conditional use in B-3 property. 2.03. The granting of the application and rezoning would, with the adoption of Ordinance 88-_, in effect make the Applicant's use of the Property a non -conforming use, a result which is contrary to the spirit and intent of the Zoning Code of the City. 2.04. The proposed rezoning is inconsistent with the present zoning classifications of land adjacent to the Property and proposes a use of land that would adversely affect other uses in the area. 2.05. Applicant has presented no evidence to this Council other than its desire to operate a used car sale lot on the Property, that the present zoning classification is incorrect or not in accordance with the comprehensive municipal plan. October 4, 1988 page 322 2.06. The findings of the Planning Commission on which its recommendation of denial were based, are reasonable and entitled to great weight by this Council. Sec. 3. Denial. 3.01. The application for rezoning of the Property is denied. 3.02. The City Clerk is directed to transmit a certified copy of this resolution to the Applicant. By roll call and voting aye: Moravec, Aaker, Leppa; voting no: Herbes, Smothers, Rygg; absent, not voting: Langsdorf. Motion Failed. 3. The City Council considered a request from Norling Motors to lease public property at 5548 Lakeland Avenue North. Gunnar Norling appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to enter into negotiations for a contract to lease public property at 5548 Lakeland Avenue North to include $3,000 annual lease payment for a three-year period and that property taxes be paid by Norling Motors. Motion Carried. 4. The City Council considered a contribution of $2,000 to The Association of Metropolitan Municipalities in an effort to develop computer analysis capability for the 1990 legislative session. Moved by Councilmember Rygg and seconded by Councilmember Herbes that the City Manager indicate the City of Crystal's interest to the Association of Metropolitan Municipalities in contributing to an effort to develop computer analysis capability for the 1990 legislative session, but that the amount of the contribution be negotiated. Motion Carried. 5. The City Council considered a resolution relating to Lost Bond No. R-482, City of Crystal Multifamily Housing Development Revenue Bonds (Crystal Senior Housing project) Series 1988. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-58 RESOLUTION RELATING TO A.,CERTAIN LOST BOND: AUTHORIZING THE ISSUANCE OF A DUPLICATE BOND October 4, 1988 page 323 By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 6. The City Council considered a resolution awarding a bid for remodeling of the South Fire Station. 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. 88-59 RESOLUTION AWARDING BID TO RON GRAVES' LANDSCAPING & CONTRACTING By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. 7. The City Council considered a contract renewal between Metropolitan Clinic of Counseling, Inc. (Employee Assistance Program) and the City of Crystal. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve contract renewal between Metropolitan Clinic of Counseling, Inc. (Employee Assistance Program) and the City of Crystal for September 1, 1988 through August 31, 1989. Motion Carried. 8. The City Council considered a request from the Environmental Quality Commission to have the City Council request an exemption to sales tax assessed for tree removal in the situation where the law requires diseased trees to be removed. Hugh Munns of the Environmental Quality Commission appeared and was heard. 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. 88-60 RESOLUTION REGARDING SALES TAX ON REQUIRED DISEASED TREE REMOVAL By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. October 4, 1988 page 324 9. The City Council considered a revised development plan for property north of 62nd Avenue in Brooklyn Park. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-61 RESOLUTION REGARDING RESPONSE TO THE CITY OF BROOKLYN PARK REDEVELOPMENT PLANS IN THE AREA NORTH OF 62ND AVENUE BETWEEN COUNTY ROAD 81 & DOUGLAS DRIVE By roll call and voting aye: Herbes, Moravec, Rygg, Aaker, Leppa, Smothers; absent, not voting: Langsdorf. Motion carried, resolution declared adopted. Councilmember Rygg suggested that Metro Council and the AMM Significance Commission get copies of Resolution No. 88-61. 10. The City Council considered proposed improvements to Medicine Lake Road as proposed by Golden Valley, New Hope, and Hennepin County. Moved by Councilmember Moravec and seconded by Councilmember Smothers to set 7:00 P.M., or as soon thereafter as the matter may be heard, November 1, 1988 for a public hearing at which time a feasibility study, detailing project costs and proposed assessments, could be considered by impacted property owners and the City Council. Motion Carried. 11. The City Council considered the approval of the 1988 Union Contract with Local #49. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a wage increase for 1988 of 3.5% of which 1.5% is to be applied to the base salary and 2% in cash payable through August, 1988 or as soon after ratification as possible and the rest of the 1988 cash payment to be made December 15, 1988; an increase in wages effective January 1, 1989 of 3.5% of which 1.5% is to be applied to the base salary and 2% in cash payable; and an increase of ten dollars ($10.00) in the Employer Contribution toward group health and life insurance for a maximum contribution of one hundred eighty-five dollars ($185.00) per month per employee. Motion Carried. 12. The City Council considered the Union Contract with Police Managers. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the 1988 Union Contract with Police October 4, 1988 page 325 Managers to include a 5.5% wage increase from $3,271 to $3,451 per month; a Management Pay Differential in the amount of $2,500 to be paid annually in a lump sum; and an increase of ten dollars ($10.00) in Employer Contribution toward health, life, and long-term disability insurance, making a maximum contribution of one hundred eighty-five dollars ($185.00) per month per employee of which a maximum amount of ten dollars ($10.00) may be used for dental insurance. Motion Carried. 13. Moved by Councilmember Herbes 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 Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. The meeting was adjourned at 10:07 p.m. ATTEST: City Clerk Mayor October 18, 1988 page 326 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 18, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, 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; Tom Heenan, Chief Sanitarian; Miles Johson, Finance 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 October 4, 1988. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of October 4, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of a charitable gambling license for Church of All Saints at the Paddock Bar. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 1, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Gerald Coleman for a variance to build a 24' x 22' detached garage at 4370 Brunswick Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 1, 1988, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Steve Plant and Dane Dale of Crystal Super Valu for a variance to build a 20' x 12' freezer addition at 4210 Douglas Drive. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 15, 1988, as the date,and time for a public hearing at which time the City Council will consider the proposed Charter Commission Amendment. Moved by Councilmember Smothers and seconded by Councilmember Moravec to remove item one from the Consent Agenda. Motion Carried. 1 [1 October 18, 1988 page 327 Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve items 2, 3, and 4 on the Consent Agenda. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to continue consideration of a charitable gambling license for Church of All Saints at the Paddock Bar to the November 1, 1988 Council meeting and direct staff to investigate regulations on rental fees. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered an itinerant food license for the Rosary Society at St. Raphael's Church for a chicken dinner to be held on October 23, 1988 with waiver of fee. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve an itinerant food license for the Rosary Society at St. Raphael's Church for a chicken dinner to be held on October 23, 1988 with waiver of fee. Motion Carried. 2. The City Council considered a request from First Minnesota Bank for a building permit to relocate an instant cash machine at 5440 West Broadway. Jim Miller, Albitz Design, appeared and was heard. A. Moved by Councilmember Smothers and seconded by Councilmember Leppa to set surety in the amount of $6,300 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for First Minnesota Bank, 5440 West Broadway, and further, to authorize the Mayor and City Manager to sign such site improvements agreement. Motion Carried. B. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve as recommended by the Planning Commission building permit #1285 for relocation of an instant cash machine for First Minnesota Bank at 5440 West Broadway, subject to standard procedure. Motion Carried. 3. The City Council considered a request from Crystal Super Valu for a building permit to remodel the interior of the building at 4210 Douglas Drive. October 18, 1988 page 328 Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve as recommended by the Planning Commission building permit #1288 for remodeling the existing building at Super Valu, 4210 Douglas Drive, subject to standard procedure. Motion Carried. 4. The City Council considered a request from Leslie Opsahl for the extension of a variance for Lot 1 of the Opsahl Addition at 4819 - 58th Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve as recommended by the Planning Commission an extension of variance application #8764 until October 19, 1989 as requested by Leslie Opsahl, 5757 Orchard Avenue North. Motion Carried. 5. The City Council considered final approval of the plat Whinnery Terrace Second Addition for Octopus Car Wash, 5301 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-62 RESOLUTION APPROVING PLAT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 6. The City Council considered a resolution seeking a grant from Metropolitan Council for state funding to carry out the 1989 Crystal Jazz Festival to be held at Crystal's Becker Park Performing Arts Center as part of the 1989 concert series. 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. 88-63 RESOLUTION SEEKING A GRANT FROM METROPOLITAN COUNCIL FOR STATE FUNDING TO CARRY OUT THE 1989 CRYSTAL JAZZ FESTIVAL TO BE HELD AT CRYSTAL'S BECKER PARK PERFORMING ART CENTER AS PART OF THE 1989 SERIES By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. October 18, 1988 page 329 7. The City Council considered the First Reading of an Ordinance changing license fees for food establishments, refuse vehicles, lodging, pools and kennels as requested by Chief Sanitarian Tom Heenan. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE CHANGING LICENSE :FEES and further, that the second and final reading be held on November 1, 1988. Motion Carried. 8. The City Council considered a letter from George M. Hansen Company regarding financial system of internal control and accounting procedures as observed during the 1987 Audit. Miles Johnson, Finance Director, reported on the financial system now in place. The City Council, by common consent, accepted the report and concurred that a recording system of fixed assets should be in place by the year 1990. 9. The City Council considered the First Reading of an Ordinance Amending Chapter 5 of the Crystal City Code - Park Dedication Ordinance. Moved by Councilmember Moravec and seconded by Councilmember Herbes to table allowing staff to work with the City Attorney on the language in the draft ordinance. Motion Carried. The Mayor called recess at 8:22 p.m. and the City Council reconvened at 8:34 p.m. 10. The City Council considered the 1989 City Budget. Moved by Councilmember Leppa and seconded by Councilmember Moravec to reduce the 1989 City of Crystal Budget by $69,334, thus decreasing the mill rate, with the City Manager using his discretion on Department 21 5 -Year Programs and Department 27 Civil Service Professional Service, but making all other changes as proposed. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to set 7:00 P.M. or as soon thereafter as the matter may be heard, November 1, 1988, as the date and time for a public hearing at which time the City Council will consider the 1989 City Budget. October 18, 1988 page 330 Motion Carried. The City Council considered the following item during Open Forum: Mayor Aaker called a Special Meeting of the City Council for 5:30 p.m. on November 9, 1988 to canvass the votes of the November 8, 1988 election. The City Council considered the following items during Informal Discussion and Announcements: 11. The City Council considered a resolution relating to the City Treasurer. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-64 RESOLUTION RELATING TO THE CITY TREASURER; PRESCRIBING CERTAIN DUTIES AND AUTHORIZATIONS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 12. The City Council discussed a letter from City of Brooklyn Park Assistant to City Manager regarding their participation in Hennepin County Regional Rail Authority (HCRRA) Light Rail Transit EIA Increment. 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. 88-65 RESOLUTION SUPPORTING EXTENSION OF THE NORTHWEST CORRIDOR LIGHT RAIL TRANSIT ENVIRONMENTAL IMPACT ASSESSMENT STUDY TO INCLUDE LANDS UP TO 85TH AVENUE NORTH By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 13. Moved by Councilmember Herbes 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, October 18, 1988 page 331 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 Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. The meeting was adjourned at 9:10 p.m. ATTEST: City Clerk 04 Mayor November 1, 1988 page 332 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 1, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, 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; Tom Heenan, Chief Sanitarian; Miles Johson, Finance Director; Julie Jones, Community Development 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 October 18, 1988. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of October 18, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of the resignation of Mary Lou Pyne from the Environmental Quality Commission. 2. Consideration of a charitable gambling license renewal application from Crystal Knights of Columbus Council 3656, 4947 West Broadway. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to remove item one 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 Aaker 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 Gerald Coleman for a variance of 5' in the required 30' side street side yard setback to build a 24' x 22' detached garage at 4370 Brunswick 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 Rygg and seconded by Councilmember Smothers to approve as recommended by and based on the findings of fact of the Planning Commission the authorization November 1, 1988 page 333 pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 3 a) 2) iii) to allow a variance of 5' in the required 30' side street side yard setback to build a 24' x 22' detached garage at 4370 Brunswick Avenue North as requested in application #88-48. Motion Carried. 2a. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 Steve Plant and Dave Dale of Crystal Super Valu for a freezer addition which will encroach in the required 22' setback from the lot line on Colorado Avenue at 4210 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 Smothers and seconded by Councilmember Moravec 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. 2 b) 1) to allow a variance of 9 ' in the required 22' setback to build a 20' x 12' freezer addition at the existing building at 4210 Douglas Drive as requested in application :188-49. Motion Carried. 2b. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve as recommended by and based on the findings of fact of the Planning Commission building permit #1289 to install a concrete slab at 4210 Douglas Drive, Crystal Super Valu. Motion Carried. 3a. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider participation in joint project of proposed improvements of Medicine Lake Road between Louisiana Avenue N. and Douglas Drive with Golden Valley, New Hope, and Hennepin County. The Mayor asked those present to voice their opinions or to ask questions concerning this matter,. Those present and heard were: Bill Johnson, 2702 Kentucky Avenue North. The Mayor closed the Public Hearing. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to accept the feasibility report for the joint project of proposed improvements of Medicine Lake Road between Louisiana Avenue N. and Douglas Drive with Golden Valley, New Hope, and Hennepin County. Motion Carried. November 1, 1988 page 334 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. 88-66 RESOLUTION APPROVING PARTICIPATION IN A JOINT PROJECT TO IMPROVE MEDICINE LAKE ROAD (CR70) BETWEEN TH169 AND DOUGLAS DRIVE (CR -102) By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 3b. 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. 88-67 RESOLUTION REQUESTING THE VARIANCE FROM STATE AID STANDARDS, COUNTY STATE AID HIGHWAY #70 CITY OF CRYSTAL, HENNEPIN COUNTY, MINNESOTA By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 4. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider the 1989 City of Crystal Budget. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Present and heard was: Miles Johnson, Finance Director. Mr. Johnson advised the Council that a $10,000 error had been,discovered in the Street Department Budget which would increase the millrate .28% over 1988 Budget. Moved by Councilmember Leppa and seconded by Councilmember Moravec to cut back to the original .07% decrease in millrate as approved at the October 18, 1988 meeting of the City Council. Motion Carried. The Mayor closed the Public Hearing. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: November 1, 1988 page 335 RESOLUTION NO. 88-68 RESOLUTION ADOPTING BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: 1. The City Council considered the application of Philip Domek for appointment to the Environmental Quality Commission. Moved by Councilmember Herbes and seconded by Councilmember Rygg to appoint Philip Domek to the Environmental Quality Commission for an unexpired term expiring December 31, 1989. Motion Carried. 2. The City Council considered the private kennel license application for 3432 Kyle Avenue North as submitted by Donna Lundquist. Those appearing and heard were: Tom Heenan, Sanitarian; Donna Lundquist, 3432 Kyle Avenue North; Daniel Sanborn, 3420 Kyle Avenue North. The Mayor read a letter received from Daniel V. Sanborn dated October 24, 1988 in opposition to the kennel license. Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny as recommended by the Health Department a private kennel license application for 3432 Kyle Avenue North. Motion Carried. 3A. The City Council considered a resolution approving Community Energy Council Program Agreement. A. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following resolution,, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-69 RESOLUTION AUTHORIZING CRYSTAL TO :ENTER INTO COMMUNITY ENERGY COUNCIL PROGRAM AGREEMENT By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 3B. The City Council discussed the initial draft agreement of the Project Air (House Doctor) Agreement. November 1, 1988 page 336 Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to approve the agreement of the Project Air (House Doctor) as presented by the Recycling Coordinator, and further to authorize the Mayor to sign such agreement. Motion Carried. 4. The City Council considered a one -day temporary on -sale liquor license for the Minneapolis/Crystal Elks Lodge #44 for the hosting of the Minnesota Elks State Bowling Tournament for five consecutive weekends on 1-29-89, 2-5-89, 2-12-89, 2-19- 89, and 2-26-89. Ed Thonander of the Elk's Lodge #44 appeared and was heard. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve a one -day temporary on -sale liquor license for the Minneapolis/Crystal Elks Lodge #44 for the hosting of the Minnesota Elks State Bowling Tournament for five consecutive weekends on 1-29-89, 2-5-89, 2-12-89, 2-19-89, and 2-26-89. Motion Carried. 5. The City Council considered a charitable gambling license renewal application for Church of All Saints at the Paddock Bar. Moved by Councilmember Leppa to table and direct staff to have applicant correct the lease agreement to indicate the actual premises to be leased and for what purpose the premises are to be used, and resubmit to City Clerk. Motion failed for lack of a second. Moved by Councilmember Moravec and seconded by Councilmember Leppa to table. Motion Carried. 6. The City Council considered a request from North Memorial Hospital to have liquor at the Becker Park Shelter for a private Christmas party on Saturday, December 3, 1988, from 7:30 p.m. to 12:30 a.m. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the request with North Memorial Hospital providing necessary insurance. Councilmember Moravec withdrew his motion upon being advised that it was not North Memorial, but a staff Christmas party not being sponsored by North Memorial Hospital. Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue to the November 15, 1988 meeting and direct staff to review the use of City facilities for functions such as this. Motion Carried. November 1, 1988 page 337 7. The City Council considered the Second Reading of an Ordinance regarding City of Crystal license fees for refuse vehicles, lodging, pools and kennels. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 88-10 AN ORDINANCE RELATING TO LICENSE FEES FOR VARIOUS LICENSED ACTIVITIES and further, that this be the second and final reading. Motion Carried. 8. The City Council considered a resolution amending senior/disabled sewer rate discount program to include renters. Moved by Councilmember Leppa and seconded by Councilmember Smothers to continue to next meeting and directed staff to review Item 3 -Qualifications. Motion Carried. The Mayor called recess at 9:00 p.m. and the City Council reconvened at 9:10 p.m. 9. The City Council considered accepting site improvements and releasing surety for property at 3245 Vera Cruz for Volunteers of America Care Facilities. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept the work required as condition of site improvements for Volunteers of America Care Facilities, 3245 Vera Cruz, subject to guaranteed provisions of the agreement, effective this date, and that surety in the amount of $9,500 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. 10. The City Council considered accepting site improvements and releasing surety for Frank's Furniture, 541_9 Lakeland Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Rygg to accept work required as a condition of site improvement for Franks Furniture, 5419 Lakeland Avenue North, subject to guaranteed provisions of the agreement, effective this date, and that surety in the amount of $6,000 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. November 1, 1988 page 338 11. The City Council considered a resolution establishing just compensation and authorizing purchase of 3432 Welcome Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-70 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE 3432 WELCOME AVE. N. By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 12. The City Council considered a resolution establishing just compensation and authorizing purchase of 4500 Adair Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Moravec to adopt the following resolution, -the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-71 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE 4500 ADAIR AVE. N. By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 13. The City Council considered stop sign installation at the following locations: A. Two way stop signs on Welcome Avenue at 32nd Avenue North. B. Two way stop signs on Brunswick Avenue at 32nd Avenue. C. Two way stop signs on Perry Avenue at 35th Avenue. D. Two way stop signs on Xenia Avenue at 46th Avenue. E. Two way stop signs on Adair, Zane, and Yates Avenues at 57th Avenue. F. Single stop signs on Brunswick, Zane, and Yates Avenues at 58th Avenue. G. Single stop sign on 57th Avenue at Brunswick Avenue. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve stop sign installations at A -G locations as listed above. Motion Carried. November 1, 1988 page 339 14. The City Council considered the 1988 contract with Teamsters Local #320 (Police Dispatchers). Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to adopt the 1988 contract with '.Ceamsters Local #320 (Police Dispatchers), to include a 3.47% increase in salary so the top wage for a police dispatcher is now $2,023 per month; an increase of $10 in the City's contribution towards insurance to $185 per month; and elimination of the 2080 hours provision used to calculate the work schedule. Motion Carried. 15. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the list of license applications as submitted by the City Clerk to the City Council, a last 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 Herbes and seconded by Councilmember Leppa to close the meeting for the conduct of an Executive Session. Motion Carried. Regular meeting closed at 9:30 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 9:30 p.m. At 10:40 p.m. 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 Rygg and seconded by Councilmember Leppa to adjourn the meeting. Meeting adjourned at 10:42 p.m. Motion Carried. November 1, 1988 page 340 Mayor ATTEST: City Clerk I November 9, 1988 page 341 Pursuant to due call and notice given in the mariner prescribed by Section 3.01 of the City Charter, the Special Meeting of the Crystal City Council was held on November 9, 1988, at 5:30 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers. Also in attendance were the following staff members: Jerry Dulgar, City Manager; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Aaker declared this was the time and date for the official canvass of the results of the General Municipal Election held on November 8, 1988. The City Clerk presented to the Council the certification of the returns of the election. 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. 88-72 RESOLUTION CANVASSING THE VOTE AND DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 5:32 p.m. j Mayor ATTEST: J4"(�'u 1 — a a City Clerk November 15, 1988 page 342 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 15, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers. Absent was: 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; 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 November 1, 1988. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the minutes of the Regular City Council meeting of November 1, 1988. Motion Carried. The City Council considered the minutes of the Special City Council meeting of November 9, 1988. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the minutes of the Special City Council meeting of November 9, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, December 13, 1988 as the date and time for a public hearing at which time the City Council will consider preliminary plat approval of Chalet Acres located at 3359 Vera Cruz Avenue North as submitted by Chalet Ski & Patio. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 29, 1988 as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a variance request for a 20' x 6' addition and a 14' x 17' deck on the existing house which will encroach 20' in the required 40' rear yard setback at 3316 Louisiana Avenue North as requested by Michael Jorgenson. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, December 13, 1988 as the date and time for a public hearing at which time the City Council will consider the application for an off -sale liquor license at 5600 Bass Lake Road from Jerome F. Halek. November 15, 1988 page 343 Moved by Councilmember Smothers and seconded by Councilmember Herbes 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 Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider an amendment to the City of Crystal Charter. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Lorraine Bedman, 7025- 46th Avenue North, appeared and was heard. The Mayor closed the Public Hearing. Moved by Councilmember Leppa and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE AMENDING THE CITY OF CRYSTAL CHARTER The City Attorney informed the Council that the adoption of the Ordinance required an unanimous vote of the Council. Moved by Councilmember Smothers and seconded by Councilmember Leppa to delay action on this item to the end of the meeting for full attendance of the Council and if all members are not in attendance by that time continue to the November 29, 1988 meeting. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered an application for an off -sale liquor license at 5924 West Broadway (presently Crystal Liquors) from Richard G. Marsolais. Richard G. Marsolais, 8426 Mississippi Boulevard, Coon Rapids, appeared and was heard. Councilmember Langsdorf arrived during discussion of this item (7:18 p.m.) Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve an off -sale liquor licensee at 5924 West Broadway for Richard G. Marsolais, effective at 12:01 a.m., Wednesday, November 16, 1988. Motion Carried. November 15, 1988 page 344 2. The City Council considered a request from Debora Damborg, 5512 Louisiana Ave. North, to allow liquor at the Becker Park Shelter for a private Christmas party. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve a request from Debora Damborg, 5512 Louisiana Ave. North, to allow liquor at the Becker Park Shelter for a private Christmas party, and direct staff to place the First Reading of an Ordinance Relating to Liquor and Beer in Public Parks in the City on the November 29, 1988 Council Agenda. 3. The City Council considered a revised resolution providing sewer discount rate to include renters. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-73 RESOLUTION RELATING TO SEWER USE RATES FOR CERTAIN DISABLED AND SENIOR PERSONS By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. 4. The City Council considered a resolution removing Medicine Lake Road from Crystal's State Aid System. 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. 88-74 RESOLUTION DELETING MSA AS SECTION 317-010, MEDICINE LAKE ROAD, FROM CRYSTAL'S MUNICIPAL STATE AID SYSTEM By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. 5. The City Council considered accepting site improvements in releasing surety for property at 5337 Lakeland Avenue North for Standard Water Control. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept work required as a condition of site improvement for Standard Water Control, 5337 Lakeland Avenue North, subject to guaranteed provisions of the agreement, effective this date, and that surety in the amount of $5,350 1 November 15, 1988 page 345 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. 6. The City Council considered a letter from the City Attorney dated 10-31-88 regarding Attorney General's opinion on charitable gambling contributions. 7. The City Council considered adopting a pawn shop license ordinance. Moved by Councilmember Herbes and seconded by Councilmember Leppa to direct the City Attorney to draft a strict ordinance regulating pawn shops in the City of Crystal to present to the Council for First Reading on November 29, 1988. Motion Carried. 8. The City Council considered a resolution regarding Affirmative Action in Employment. 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. 88-75 RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM By roll call and voting aye: Herbgs, Rygg,, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. 9. The City Council considered application of membership to the Celebrate Minnesota 1990 Grant Program. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve application of membership to the Celebrate Minnesota 1990 Grant Program, and further to have the Mayor sign such agreement. Motion Carried. 10. The City Council considered a resolution naming the position of Chief of Police as Director and the position of the City Manager as Alternate in the Minnesota Police Recruitment System. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: November 15, 1988 page 346 RESOLUTION NO. 88-76 RESOLUTION NAMING THE POSITION OF CHIEF OF POLICE AS DIRECTOR AND THE POSITION OF THE CITY MANAGER AS ALTERNATE IN THE MINNESOTA POLICE RECRUITMENT SYSTEM By roll call and voting aye: Herbes, Rygg, Langsdorf, Aaker, Leppa, Smothers; absent, not voting: Moravec. Motion carried, resolution declared adopted. 11. The City Council discussed an increase in insurance contribution for unorganized City employees. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve an increase in insurance contribution for unorganized City employees to $185 per month to be retroactive to January 1, 1988, and an increase to $195 effective January 1, 1989. Motion Carried. 12. The City Council considered the approval of a contract with Anderson -Dale Architects for plans for the new Community Center. Moved by Councilmember Leppa and seconded by Councilmember Rygg to continue to the November 29, 1988 meeting and direct City Attorney to review the contract. Motion Carried. 13. Moved by Councilmember Smothers and seconded by Councilmember Herbes to remove the Charitable Gambling License application for Church of All Saints at the Paddock Bar from the table. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the Charitable Gambling License application and lease agreement in the modified form. Motion Carried. 14. Moved by Councilmember Herbes and seconded by Councilmember Leppa 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 Herbes to adjourn the meeting. Motion Carried. Meeting adjourned at 8:30 p.m. ATTEST: At&)4f 'A� City Clerk 1 November 15, 1988 page 347 Mayor November 29, 1988 page 348 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 29, 1988 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, 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; Julie Jones, Recycling Coordinator; Jeanne Fackler, Recreation Supervisor. 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 15, 1988. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of November 15, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of a Charitable Gambling license for Cavanagh Early Childhood Center to hold a raffle at 5400 Corvallis Avenue North to raise funds for playground equipment. 2. Consideration of a Charitable Gambling license application renewal for Elk's Lodge #44, 5410 Lakeland Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Leppa 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 Aaker 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 Michael LeRoy Jorgenson for a variance of 20' in the required 40' rear yard setback to build a 20' x 6' addition and a 14' x 17' deck on the existing house at 3316 Louisiana 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 Leppa and seconded by Councilmember Smothers to approve as recommended by and based on the November 29, 1988 page 349 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 allow a variance of 20' in the required 40' rear yard setback to build a 20' x 6' addition and a 14' x 17' deck on the existing house at 3316 Louisiana Avenue North as requested in Application #88-50 by Michael LeRoy Jorgenson. Motion Carried. The City Council considered the following items on the Regular Agenda: 1. The City Council considered a Resolution Opposing the Decrease in the Number of Judges in Suburban Courts as recommended by the City's prosecution firm of Rosenthal, Rondoni, MacMillan & Joyner, Limited. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to adopt the following resolution, -the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-77 RESOLUTION OPPOSING THE DECREASE IN THE NUMBER OF JUDGES IN SUBURBAN COURTS By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. 2. Appearance by Arthur Cunningham, Crystal's representative on the Metropolitan Waste Control Commission. Mr. Cunningham briefed the Council on the structure, function, projects proposed and in progress of the Commission, and entertained questions of the Council. 3. The City Council considered the First Amendment to Agreement for Recycling Services. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-78 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR RECYCLING SERVICES By roll call and voting aye: Herbes, Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers. Motion carried, resolution declared adopted. November 29, 1988 page 350 4. The City Council considered the approval of a contract with Anderson -Dale Architects for plans for the new Community Center. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve a contract with Anderson -Dale Architects for pians for the new Community Center deleting 10.2.1.7 of Article 10, Expense of professional liability insurance equal to 3.0% of architectural fees, and further to authorize the City Manager to sign such agreement. Motion Carried. 5. The City Council considered the Second Reading of an Ordinance Amending Crystal City Charter. Councilmember Herbes voiced an objection to the portion of the Amended Ordinance allowing councilmembers to hold another compatible public office. W 7. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE AMENDING THE CITY OF CRYSTAL CHARTER and further, that this be the second and final reading. By roll call and voting aye: Moravec, Rygg, Langsdorf, Aaker, Leppa, Smothers; voting no: Herbes. Motion failed - adoption requires an unanimous vote of the entire Council. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers that the proposed amended Ordinance be referred back to the Charter Commission. Motion Carried. The City Council considered the First Reading of an Ordinance Relating to Liquor and Beer in Public Parks in the City. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to refer the Ordinance to the Park & Recreation Advisory Commission for their review. Motion Carried. The City Council discussed the Senior Transportation Pilot Project. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the City of Crystal's participation in the Senior Transportation Pilot Project. Motion Carried. 1 November 29, 1988 page 351 8. The City Council considered the Twin Laker Kylawn Preserve Development. The City Council directed staff to obtain copies of the map for Councilmembers. 9. The City Council reviewed plans for signing for the Becker Park Arts Center as presented by City staff. It was the consensus of the Council that directional signs indicating the location of the Becker Park Arts Center along main roads leading to the Center would be very helpful but encouraged staff to review more carefully the signing_ proposed to be placed on the Arts Center building. 10. The City Council discussed the Thirteenth Check or Double COLA Report and Notice. Moved by Councilmember Leppa and seconded by Councilmember Rygg to approve a $3,000 contribution front the City of Crystal to oppose the 13th Check. Motion Carried. 11. The City Council considered the Affirmative Action Plan for the City of Crystal. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the Affirmative Action Plan for the City of Crystal as presented by City staff. Motion Carried. The following item was discussed during Open Forum: Jodelle Barrett and Heidi Warren, 6400 - 27th Avenue North (Douglas Court Apartments), appeared to solicit the City's help in obtaining hot water in the apartments which they claimed has been insufficient since July of 1988. City staff was directed to get in touch with the State boiler inspector in an attempt to remedy the situation and report back to Council at the next meeting. 12. Moved by Councilmember Herbes 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 Leppa to adjourn the meeting. Motion Carried. Meeting adjourned at 8:52 p.m. November 29, 1988 page 352 ATTEST: City Clerk Mayor u 0 December 13, 1988 page 353 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on December 13, 1988 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, Langsdorf, Aaker, Leppa, Smothers. Absent were: Herbes, 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; Miles Johnson, Finance Director; Edward 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 29, 1988. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the Regular City Council meeting of November 29, 1988. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of the resignation letter of John Hawk from the Environmental Quality Commission dated 11-16-88. 2. Consideration of the resignation letter of Garry Grimes from the Park & Recreation Advisory Commission dated 12-8-88. 3. Set public hearing for January 3, 1989 to consider an off -sale liquor license application for Melvin D. Henry at 2728 Douglas Drive North (Stephen's Liquor). 4. Set public hearing for January 3, 1989 to consider Variance Application #88-58 for an addition to the existing garage which will encroach 1416" in the required 40' rear yard setback to build a 1016" x 23' addition to the existing garage at 3949 Hampshire Avenue North as requested by Don Lee. 5. Consideration of an application for a one -day temporary on - sale liquor license for Knights of Columbus, 4947 West Broadway, on February 1, 1989. 6. Consideration of the resignation of Elmer Q. Carlson from the Park & Recreation Advisory Commission effective 12-31-88. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the Consent Agenda. Motion Carried. The City Council considered the following Public Hearings: December 13, 1988 page 354 1. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council will consider preliminary plat approval of Chalet Acres located at 3359 Vera Cruz Avenue North as submitted by Chalet Ski & Patio. 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 Leppa and seconded by Councilmember Moravec to approve as recommended by the City Engineer preliminary plat approval of Chalet Acres located at 3359 Vera Cruz Avenue North as submitted by Chalet Ski & Patio. Motion Carried. 2. It being 7:00 p.m., or as soon thereafter as the matter may be heard, Mayor Aaker 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 5600 Bass Lake Road. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Jerome Halek, applicant; Patrick Ryan, 5607 Vera Cruz Avenue North; Anthony Guenther, 5568 Xenia Avenue North. Moved by Councilmember Smothers to continue item to the next Council meeting to allow applicant to confer with the Police Chief and to act on the item when all Councilmembers were present. Motion failed for lack of a second. The Mayor closed the Public Hearing. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-79 RESOLUTION DENYING APPROVAL OF AN OFF -SALE LIQUOR LICENSE AT 5600 BASS LAKE ROAD FOR JEROME HALEK By roll call and voting aye: Moravec, Leppa, Aaker; absent, not voting: Herbes, Rygg, Langsdorf; abstaining: Smothers. Motion carried, resolution declared adopted. The City Council considered the following items on the Regular Agenda: December 13, 1988 page 355 1. The City Council considered a resolution giving authorization to sell General Obligation Bonds in the amount of $2,000,000 for the Community Center. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-80 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION COMMUNITY CENTER BONDS, SERIES 1989A By roll call and voting aye: Moravec, Aaker, Smothers, Leppa; absent, not voting: Herbes, Rygg, Langsdorf. Motion carried, resolution declared adopted. 2. The City Council considered applications for appointment to the Environmental Quality Commission from :Ryan R. Schroeder, 3356 Utah Avenue North, and Jerome Farrell, 2908 Jersey Avenue North, for terms expiring December 31, 1988 and December 31, 1990. Moved by Councilmember Leppa and seconded by Councilmember Smothers to appoint Ryan R. Schroeder to the Environmental Quality Commission for an unexpired term expiring December 31, 1988 and Jerome Farrell to the Environmental Quality Commission for an unexpired term expiring December 31, 1990. Motion Carried. 3. The City Council considered an application for appointment to the Human Relations Commission from Barbara McMahon, 3543 Lee Avenue North, for an unexpired term expiring December 31, 1989. Barbara McMahon appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Barbara McMahon to the Human Relations Commission for an unexpired term expiring December 31, 1989. Motion Carried. 4. The City Council considered a lease agreement with Norling Motors for public property at 5548 Lakeland Avenue North. Gunnar Norling appeared and was heard. Councilmember Langsdorf arrived (7:45 p.m.) Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to accept the lease agreement with Norling Motors for public property at 5548 Lakeland Avenue North as presented December 13, 1988 page 356 with the exception of the rental payment. The lease base at the end of the fourth year shall be $18,000 rather than $12,000, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. 5. The City Council considered a complaint against Ceres Tree Company as submitted by residents in the 8300, 8400 and 8500 blocks of 33rd Avenue North. Those appearing and heard were: John Dreier, 8401 -33rd Avenue North; Bob Leonardson, 8425 -33rd Avenue North; David Distel, 8317 -33rd Avenue North; Dave Stedje, 8509 -33rd Avenue North. Moved by Councilmember Leppa and seconded by Councilmember Moravec that the City does not pay Ceres Tree Company for work performed, that the City hire another company to properly prune and fertilize in the Spring and back charge the Ceres Tree Company for the work, and hold the performance bond and notify the bonding company that there could be a claim if the trees die. Motion Carried. 6. The City Council considered Tax -forfeiture Sale of Six Parcels in Crystal as proposed by Hennepin County. 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. 88-81 CONVEYANCE OF TAX FORFEITED LANDS By roll call and voting aye: Moravec, Langsdorf, Aaker, Smothers, Leppa; absent, not voting: Herbes, Rygg. Motion carried, resolution declared adopted. 7. The City Council considered a Resolution of Agreement with the Minnesota Department Of Transportation Related to Federal Aid Highway Projects. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-82 MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM NO. III December 13, 1988 page 357 By roll call and voting aye: Moravec, Langsdorf, Aaker, Smothers, Leppa; absent, not voting: Herbes, Rygg. Motion carried, resolution declared adopted. 8. The City Council discussed changes in an Ordinance Amending Crystal City Code, Section 425, Regarding Housing Maintenance. No action needed. 9. The City Council considered the First Reading of an Ordinance regarding Pawn Shops in the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE RELATING TO PAWNBROKERS AND SECONDHAND GOODS DEALERS: AMENDING CRYSTAL CITY CODE, CHAPTER XI BY ADDING A SECTION and further, that the second and final reading be held on January 3, 1989. Motion Carried. 10. The City Council discussed the composition of a committee to continue the space needs study for Crystal City Hall. By common consent of the Council it was decided this should be brought up at a later date. 11. The City Council discussed a request from LaPepiniere Montessori Schools for consideration of space in the new Crystal Community Center. It was the consensus of the Council that the City should not rent space in the new Crystal Community Center. The Mayor called a recess at 8:58 p.m. and the meeting was reconvened at 9:11 p.m. 12. The City Council considered salaries for non-union employees for the year 1989. Moved by Councilmember Moravec and seconded by Councilmember Smothers to accept the salary proposal for non-union employees for 1989 as presented by the City Manager: Position Jan. 1 July 1 Police Chief $55,992 Public Works Director 50,868 Assistant City Manager 47,840 Finance Director 49,608 Assistant City Engineer 43,868 Water & Sewer Superintendent 42,331 13. December 13, 1988 page 358 Park & Recreation Director 46,800 Administrative Assistant 441150 City Clerk 40,171 Street Superintendent 40,248 Sanitarian III 40,200 Assist. Park & Rec. Director 37,714 City Assessor 39,524 Park Supervisor 37,290 Fire Chief/Marshal 41,789 Building Inspector 381459 Assistant Building Inspector 34,457 Recreation Supervisor 34,794 Sanitarian II 34,420 Engineering Aide IV 34,615 Appraiser 34,688 Juvenile Specialist 35,917 Police Secretary II 27,031 Engineering Aide II 26,944 Special Assessments Clerk 25,875 Administrative Secretary 25,109 Assessing Clerk 22,477 Engineering Clerk 23,665 Utility Billing Clerk 24,190 Accounting Clerk 24,367 Police Secretary 24,798 Administration Clerk 20,520 Police Secretary I 21,210 Custodian 22,379 Payroll Clerk 21,695 Health Department Secretary 21,665 Building Department Secretary 21,620 Finance Secretary 18,258 Switchboard Operator 17,820 Park Secretary 19,268 26,364 23,600 24,611 22,162 21,740 18,265 Motion Carried. The City Council considered the transfer of funds. The Finance Director gave a report to the Council. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-83 RESOLUTION TRANSFERRING FUNDS By roll call and voting aye: Moravec, Langsdorf, Aaker, Smothers, Leppa; absent, not voting: Herbes, Rygg. Motion carried, resolution declared adopted. [1 1 December 13, 1988 page 359 14. The City Council considered the City of Crystal Dependent Care Assistance Plan. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-84 RESOLUTION ADOPTING THE CITY OF CRYSTAL DEPENDENT CARE ASSISTANCE PLAN By roll call and voting aye: Moravec, Langsdorf, Aaker, Smothers, Leppa; absent, not voting: Herbes, Rygg. Motion carried, resolution declared adopted. 15. The City Council discussed the 1989 Contract of the City Manager. Moved by Councilmember Moravec and seconded by Councilmember Leppa to set the City Manager's salary at $65,750 and increase the City's contribution to deferred compensation to $4,000 for the year 1989. Motion Carried. 16. Councilmember Moravec read a resolution honoring Mayor Aaker. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88-85 RESOLUTION HONORING THOMAS N. AAKER By roll call and voting aye: Moravec, Langsdorf, Smothers, Leppa; absent, not voting: Herbes, Rygg; abstaining: Aaker. Motion carried, resolution declared adopted. 17. Moved by Councilmember Smothers 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 Langsdorf to adjourn the meeting. Motion Carried. December 13, 1988 page 360 Meeting adjourned at 9:30 p.m. Mayor ATTEST: i L� City Clerk 1