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1987 City Council Minutes167 6 JANUARY 1987 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 6, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. Mrs. Delores Ahmann, the City Clerk, administered the Oath of Office and presented Certificates of Election to Pauline Langsdorf, Council - member Ward 1; Adrian Rygg, Councilmember Ward 2; and P. L. (Rollie) Smothers, Councilmember Section II. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Mana- ger; William Monk, City Engineer; Don Peterson, Building Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the regular City Council meeting of December 16, 1986, and the Special meeting of December 30, 1986. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of December 16, 1986, and the Special meeting of December 30, 1986. Motion Carried. The City Council considered the following Consent Agenda items: 1. Reappointment of Arlene Hanly to the Human Relations Commission for a term ending December 31, 1989. 2. Reappointment of Burke Hilden to the Human Relations ; Commission for a term ending December 31, 1989. 3. Reappointment of Gary Crimes to the Parks and Recrea- tion Advisory Commission for a term ending December 31, 1989. 4. Reappointment of Elmer Carlson to the Parks and Recrea- tion ,dvisory Commission for a term ending December 31, 1989. 5. Reappointment of Paul Christopher to the Planning Com- mission for a term ending December 31, 1989. 6. Reappointment of Francis Feyereisen to the Planning Com- mission for a term ending December 31, 1989. 7. Reappointment of Pam Hanly to the Environmental Quality Commission for a term ending December 31, 1989. 8. Reappointment of Gerald Shoultz to the Environmental Quality Commission for a term ending December 31, 1989. 9. Reappointment of Gary Joselyn as a citizen member to the Long -Range Planning Commission for a term ending Decem- ber 31, 1989. 168 6 JANUARY 1987 10. Reappointment of "ichael D. rulhane as a citizen member of the Long -Range Planning Commission for a term ending December 31, 1989. 11. Reappointment of Vincent Kieffer as a citizen member of the Long -Range Planning Commission for a term ending De- cember 31, 1989. 12. Reappointment of Arthur Cunningham to the Civil Service Commission for a term ending December 31, 1989. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. The City Council considered an agreement with MNDot for federal aid projects. o. t Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLTITION NO. 87-1 A RESOLUTION RELATING TO AN ACPEEMENT WITH MI\J Dot FOR FEDERAL AID PROJECTS (MINNESOTA PEPFRTMENT OF TRANSPORTATION FEDERAL AID FOAM NO. III) BE IT RESOLVED that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of Crystal to let as its agent, con- tracts for the construction of local roads and bridges, and the Mayor and City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such con- tracts in the form as set forth and contained in "Minnesota Depart- ment of Transportation Agency Agreement" a copy of which said agree- ment was before the Council, assuming on behalf of the City all of the obligations therein contained. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried,/ resolutin _a)pclared adopted. f Mayor Ammrnm City Clerk The City Council considered surety release in the amount of S'46,000 �' for Crystal Collision Center, 5108 West Broadway. 169 6 J AN ITARY 1987 Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the work required as a condition of building permit approval for Crystal Collision Center, 5108 West Broadway, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $46,000 be released, subject to said guaranty, as recom- mended by the City Engineer. Motion Carried. The City Council considered the Second Reading of an ordinance amend- ing Section 910 (rabbit ordinance). Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-1 AN ORDINANCE RELATING TO THE Y.EEPIN(- OF CERTAIN ANIMALS: AMENDINC CRYSTAL CITY CODE SECTION 910, BY ADDING A SUBSECTION and further, that this be the second and final reading. Motion Carried. The City Council considered a request from Minnesota NBA Basketball to assist in selecting a name for the team if Minnesota receives the franchise. Moved by Councilmember Smothers and seconded by Councilmember Herbes to suggest Minnesota Timber Wolves as the team name for Minnesota NBA Basketball, if the State of Minnesota does receive the franchise. By roll call and voting aye: Herbes, Leppa, Langsdorf, Moravec, Smothers, Aaker; voting no: Rygg. Motion Carried. The City Council considered the selection of a Mayor Pro Tem for 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Councilmember Rygg as the Mayor Pro Tem for 1987. Motion Carried. The City Council considered the designation of the official depository for the City of Crystal for 1987. Moved by Councilmember Rygg and seconded by Councilmember Smothers to designate The Bank North as the official depository for the City of Crystal for the year 1987. Motion Carried. The City Council considered the designation of the official newspaper for the City of Crystal for 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to designate the North Hennepin Post as the official newspaper for the City of Crystal for the year 1987. Motion Carried. 170 6 JANUARY 1987 The City Council considered the appointment of a liaison to the Park and Recreation Advisory Commission for the year 1987. Moved by Councilmember Moravec and seconded by Councilmember Rygg to appoint Councilmember Smothers as the liaison to the Park and Recrea- tion Advisory Commission for the year 1987. Motion Carried. The City Council considered appointment of a liaison to the Environ- mental Quality Commission for the year 1987. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to appoint Councilmember Moravec as the liaison to the Environmental Quality Commission for the year 1987. Motion Carried. The City Council considered the appointment of a liaison to the Human Relations Commission for the year 1987. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Councilmember Langsdorf as the liaison to the Human Relations Commission for the year 1987. Motion Carried. The City Council considered appointment of a representative and alter- nate to the Association of Metropolitan Municipalities for the year 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to appoint Mayor Aaker as the representative and Councilmember Rygg as the alternate to the Association of Metropolitan Municipalities for the rear 1987. Motion Carried. The City Council considered the appointment of a representative to % the Joint Water Commission for the year 1987. �1 Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Councilmember Leppa as the representative to the Joint [Nater Commission for the year 1987. Motion Carried. The City Council considered the appointment of a representative to the Tri -Community Twin Lake Study Committee for the year 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Councilmember Leppa as the representative to the Tri -City Twin Lake Study Committee for the year 1987. Motion Carried. The City Council considered the appointment of representatives to the Northwest Suburbs Cable Communications Commission for the year 1987. * J Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Mayor Aaker and City Manager Irving as representatives to the Northwest Suburbs Cable Communications Commission for the year 1987. Motion Carried. 171 6 JANUAPY 1987 The City Council considered the appointment of Council representatives to the Long -Range Planning Commission for a three-year term ending December 31, 1989. Moved by Councilmember Smothers and seconded by Councilmember Leppa to appoint Mayor Aaker and Councilmember Herbes as Council represen- tatives to the Long -Range Planning Commission for three-year terms ending December 31, 1989. By roll call and voting aye: Smothers, Herbes, Leppa; voting no: Langsdorf, Rygg, Moravec, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to appoint Mayor Aaker and Councilmember Rygg as Council repre- sentatives to the Long -Range Planning Commission for three-year terms ending December 31, 1989. Motion Carried. The City Council considered a request from Councilmember Smothers re- garding Cavanagh Park. By common consent, the City Council directed staff to work with School District #281 for a possible solution. The Mayor called a ten-minute recess at 7:25 P.M. The City Council considered a request from Councilmember Smothers for funds for the Crystal Frolics. 14ark Warnack, President of the Fire Relief Association, was present and spoke. Moved by Councilmember Smothers and seconded by Councilmember Herbes to allocate up to $10,000.00 for the fireworks, parade and necessary insurance for the Crystal Frolics. Motion Carried. The City Council considered the 1987 salary schedule program. Moved by Councilmember Leppa and seconded by Councilmember Herbes to accept the City Manager's recommendations, as presented, with the following changes: That the Police Chief's salary be increased by 4-1/20 on July 1 instead of January 1, 1987; and that the Building Inspector receive an additional 4-1/20 on July 1, 1987. By roll call and voting aye: Smothers, Herbes, Leppa; voting no: Langsdorf, Rygg, Moravec, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to accept the salary recommendations as proposed by the City Manager. By roll call and voting aye: Moravec, Langsdorf, Aaker; voting no: Herbes, Leppa, Smothers, Rygg. Motion Failed. 172 6 JANUARY 1987 Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to approve the City Manager's recommendations on salaries, as presented, with the exception of the Building Inspector and the Chief of Police. By roll call and voting aye: Langsdorf, Moravec, Aaker; voting no: Rygg, Smothers, Herbes, Leppa. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve all salaries, as recommended by the city Manager, retroactive to January 1, 1987, with the exception of the salaries of the City Manager, the Police Chief and the Building Inspector. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the recommendation of the salary of the Building Inspector with an additional 4.5% increase on July 1, 1987. By roll call and voting aye: Herbes, Leppa, Smothers; voting no: Moravec, Rygg, Langsdorf, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to approve the recommendation of the City Manager as presented for the salary of the Building Inspector. By roll call and voting aye: Langsdorf, Moravec, Aaker; voting no: Rygg, Smothers, Herbes, Leppa. ",lotion Failed. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve a 4.5% increase for January 1, 1987 and a 3% increase on July 1, 1987 in the salary of the Building Inspector. By roll call and voting aye: Herbes, Leppa, Smothers, Rygg; voting no: Moravec, Langsdorf, Aaker. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to approve the salary of the Chief of Police as proposed by the City Manager. By roll call and voting aye: Langsdorf, Moravec, Aaker; voting no: Rygg, Smothers, Leppa, Herbes. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Herbes to delay the increase in salary for the Chief of Police until July 1, 1987. By roll call and voting aye: Herbes, Leppa, Smothers; voting no: Moravec, Rygg, Langsdorf, Aaker. P^potion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to approve the recommendation of the City Manager for the Po- lice Chief. By roll call and voting aye: Langsdorf, Moravec, Aaker; voting no: Rygg, Smothers, Leppa, Herbes. Motion Failed. 173 6 JANUARY 1987 Moved by Councilmember Rygg and seconded by Councilmember Leppa that the salary of the Police Chief be increased by 3% on January 1, 1987. By roll call and voting aye: Rygg, Smothers, Leppa; voting no: Langs- dorf, Moravec, Herbes, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the recommendation of the City Manager for the salary of the Police Chief, retroactive to Januarw 1, 1987. By roll call and voting aye: Langsdorf, Moravec, Leppa, Aaker; vot- ing no: Rygg, Smothers, Herbes. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to set the salary of the City Manager at $69,700.00 per year, retro- active to January 1, 1987. Motion Carried. The salaries for the non-union employees of the City of Crystal, retro- active to January 1, 19P7, were o,pproved by the City council as follows: Position Jan. 1 July 1 City Manager $69,700 Chief of Police 53,295 Assistant City Manager 44,658 City Engineer $47,025 Assistant City Engineer 35,583 37,184 City Treas./Finance Dir. 47,218 Water & Sewer Superintendent 35,545 Administrative Assistant 33,853 35,376 City Clerk 29,813 31,602 Park & Recreation Director 44,547 Street Superintendent 34,440(Mar.) Sanitarian III 33,711 35,397 Ass't. Park & Recreation Dir. 33,853 35,207 City Assessor 37,620 Park Superintendent 31,123 32,368 Fire Chief/Marshal 39,777 Building Inspector 35,195 36,251 Ass't. Building Inspector 28,665 30,385 Recreation Supervisor 29,216 30,969 Sanitarian II 26,263 27,839 Engineering Aide IV 29,485 31,107 Appraiser 27,748 29,413 Engineering Aide II 25,153 Special Assessment Clerk 19,932 20,929 Juvenile Specialist 33,691 Assessing Department Clerk 16,380 17,200 Engineering Department Secretary 18,058 19,141 Utility Billing Clerk 20,607 21,637 Accounting Clerk 20,366 21,588 Administrative Secretary 20,900 Health Department Secretary 18,716 19,558 Police Secretary 23,150 Building Department Clerk 18,716 19,558 174 6 JANUARY 1987 Position Jan. 1 -July__l Finance Secretary 15,976(Feb.) 16,455 Payroll Clerk 17,963 Switchboard Operator 13,900(Feb.) 15,012 Park Secretary 17,209 17,900 Custodian 21,301 Mayor Aaker acknowledged a donation from the two SuperAmerica Stations in the City of Crystal in the amount of $600.00 to be used for bullet- proof vests for the Police Department. 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 copy of which is on file in the office of the City Clerk, with the addition of a tree trimmer's license for Reliable Tree Service and United Tree Service, Division of Davey Tree Expert Company, 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 Smothers to adjourn the meeting. Motion Carried. Playor ATTEST: City Clerk) 175 20 JANUPPY 1987 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 20, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the fol- lowing staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City Engineer; Don Peterson, Building Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the regular Council meet- ing of January 6, 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of January 6, 1987. 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, February 17, 1987, as the time and date for a public hearing at which time the City Council will consider tentative approval of proposed plat Sunny - brook, located in the vicinity of 30th and Brunswick Avenue North. 2. To approve the recommendation of the Planning Commission to appoint David Anderson, Jane Elsen and Paulette Magnu- son as the Planning Commission's representatives to the Long -Range Planning Commission for terms ending December 31, 1989. 3. To approve the recommendation of the Park and Recreation Advisory Commission to appoint Burton Genis as that Com- mission's representative to the Long -Range Planning Com- mission for a term ending December 31, 1989. 4. To review the application to the State of P"innesota from the Minneapolis Elks Lodge #44 for a gambling license at 5410 Lakeland Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. The City Council considered the First Peading of an ordinance rezon- ing property at 5264 West Broadway from B-4 (community commercial) to B-3 (auto oriented commercial). The following persons were present and heard: TZr. Medard Keisershot, Attorney; and Mr. John Aarestad, owner of the property. 176 20 JANUAPY 1987 Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on February 3, 1987. By roll call and voting aye: Herbes, Smothers; voting no: Leppa, Langs- dorf, Rygg, Moravec, Aaker. Motion Failed. The City Council considered a resolution approving the combination of the North 1/2 of Lot 7, Block 3, Twin Lake Park 2nd Addition and the South 1/2 of Lot 7, Block 3, Twin rake Park 2nd Addition. 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. 87-2 A RESOLUTION APPROVING LOT COMBINATION WHEREAS, the City of Crystal is a Municipal Corporation, organ- ized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe develop- ment of land within the City, and WHEREAS, the City Council has considered the application for a lot combination to reform Lot 7, Block 3, Twin Lake Park 2nd Addition, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the combination of the North 1/2 of Lot 7, Block 3, Twin Lake Park 2nd Addition, P.I.P. #04-118-21-41-0064, and the South 1/2 of Lot 7, Block 3, Twin Lake Park 2nd Addition, P.I.D. #04-118-21-41-0065, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution/declared adapted. Mayor ATTEST: City Clerk The City Council considered final approval of proposed plat Crystal Northwest Properties Addition, located at 5200 Douglas Drive. 177 20 JANUARY 1987 Moved by Councilmember Leppa and seconded by Council -member Pygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RE SOLirI'ION NO. 87-3 RESOLUTION APPROVINr PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organ- ized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe develop- ment of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Crystal Northwest Properties Addition, as sub- mitted by Crystal Northwest Properties, Inc., NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled CRYSTAL NOPTHWEST PPO- PERTIES ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Pyqg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution -declared adopted. Mayor ATTEST: City Clerk The City Council considered a feasibility report detailing surface and drainage improvements to the alley from 44th to 46th Avenue be- tween Welcome and Xenia Avenues. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the feasihility report detailing surface and drainage im- provements to the alley from 44th to 46th Avenue between Welcome and Xenia Avenues. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Moravec to set 7:00 P.M., or as soon thereafter as the matter may be heard, February 17, 1987, as the time and date for a public hearing to con- sider surface and drainage improvements to the alley from 44th to 46th Avenue between Welcome and Xenia Avenues North. Motion Carried. The City Council considered a feasibility report detailing curb and gutter improvements on Yates Avenue between 56th and 57th Avenues. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to accept the feasibility report for curb and gutter improvements on Yates Avenue between 56th and 57th Avenues North. Motion Carried. 178 20 JANUARY 1987 Moved by Councilmember Rygg and seconded by Councilmember Moravec to set 7:00 P.M., or as soon thereafter as the matter may be heard, Feh- ruary 17, 1987, as the time and date for a public hearing to consider curb and gutter improvements on Yates Avenue between 56th and 57th Avenues North. Motion Carried. The City Council considered surety release in the amount of $38,000 for Rostamo's, 6014 Lakeland Avenue North. n Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the work required as a condition of building permit approval for Rostamo's, 6014 Lakeland Ave. N., subject to guaranty provisions of the agreement, effective this date, and that surety, in the amount of $38,000 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered a resolution waiving subdivision require- ments for closing the Glen Haven Memorial Gardens land purchase. 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. 87-4 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the di- vision of an existing lot of record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in attached Fxhirit R, and WHEREAS, the applicant is desirous of conveying the separate parcel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivi- sion regulations unless a waiver to such �equirments is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Crystal, Minnesota that pursuant to the city's subdivision regu- lations and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. 179 20 JANUARY 1987 EXHIBIT A Second Addition to Glen Haven Memorial Gardens, according to the duly recorded plat thereof, situated in Hennepin County, Minnesota. FXHTRTT B Tract 1: That part of the Second Addition to Glen Haven Memorial Gardens, ac- cording to the duly recorded plat thereof, situated in Hennepin County, Minnesota, described as follows: Beginning at the Northwest corner of the plat of the said Second Addition to Glen Haven Memorial Gardens, thence East parallel with the North line of the Northwest Quarter of the Southwest Quarter, Section 9, Township 118, Range 21, Henne- pin County, Minnesota, a distance of 657.82 feet, more or less, to the West line of the East half of said Northwest Quarter of the Southwest Quarter; thence South along the said West line of East one-half a distance of 698.13 feet, more or less, to a point which is 300 feet North of the South line of said Northwest Quarter of the Southwest Quar- ter; thence West parallel with the South line of said North- west Quarter of the Southwest Quarter a distance of 657.88 feet, more or less, to the West line of the said Section 9; thence North along the West line of the said Section 9 a dis- tance of 698.6 feet, more or less, to the point of beginning; subject to the Douglas Drive right-of-way. Tract 2: All that part of the Second Addition to Glen Haven Memorial Gardens, according to the duly recorded plat thereof, situated in Hennepin County, Minnesota, except that part of said Second Addition described as follows: Beginning at the Northwest corner of the plat of the said Second Addition to Glen Haven Memorial Gardens, thence East parallel with the North line of the Northwest Quarter of the Southwest Quarter, Section 9, Township 118, Range 21, Henne- pin County, Minnesota, a distance of 657.82 feet, more or less, to the West line of the East half of said Northwest Quarter of the Southwest Quarter; thence South along the said West line of East one-half a distance of 698.13 feet, more or less, to a point which is 300 feet North of the South line of said Northwest Quarter of the Southwest Quarter; thence West parallel with the South line of said Northwest Quarter of the Southwest Quarter a distance of 657.88 feet, more or less, to the West line of the said Section 9; thence North along the West line of the said Section 9 a distance of 698.6 feet, more or less, to the point of beginning; subject to the Douglas Drive right-of-way. Uwe 20 JANUAPY 1987 By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, „ Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered a letter from the Metropolitan Transit Commission regarding bus shelters. Moved by Councilmember Smothers and seconded by Councilmember Leppa to request the Metropolitan Transit Commission to appear before the Council to present their proposal. Motion Carried. The City Council considered a request from the Lions Club regarding donation of a float trailer. I' Moved by Councilmember Rygg and seconded by Councilmember Herbes to accept the donation of a float trailer from the Lions Club and to thank them for it, and further, to direct staff to check the costs of liability insurance for the trailer. Motion Carried. The Mayor accepted a $1,000 contribution from the Lions Club for an exercise path at the North Lions Park and a $20.00 contribution from Ray Elberg towards bullet proof vests for the Police Department. „ The City Council reviewed the expense sheet=s of those Councilmembers / who attended the conference in San Antonio, Texas. Councilmember Yoravec then gave his views on conferences, seminars and workshops for City employees and Councilmembers. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLT_TTION NO. 87 RESOLUTION REGARDING CONFERENCES, SEMINARS AND WORKSHOPS BE IT HEREBY RESOLVED by the City Council of the City of Crystal as follows: 1. That all City employees, including Councilmembers who attend City -sponsored conferences, should attend the meetings of the confer- ences. 2. That all City employees and Councilmembers who attend City - sponsored conferences prepare a written report of the meetings they have attended. City employees shall turn in their reports to their department head and the City PRanager. Councilmemhers shall turn in 20 JANUARY 1987 their reports to the Mayor and City Manager for discussion at the Council table. The ensuina sharing of information should be of bene- fit to everyone. 3. Only those expenses incurred on behalf of City business be eligible for reimbursement. 4. No reimbursement or subsidy shall be provided to anyone not adhering to this resolution. By roll call and voting aye: Langsdorf, Moravec; voting no: Pygg, Smothers, Herbes, Leppa, Aaker. Motion Failed. The Council discussed recycling. Moved by Councilmember Pygg and seconde(' by Councilmember Smothers that a committee or task force with representatives from the community, the Environmental Quality Commission and the Council be set up to study recycling. By roll call and voting aye: Smothers, Pygg, Langsdorf; voting no: Herbes, Leppa, Moravec, Aaker. Motion Failed. Mayor Aaker then appointed the following Sub-Committe to study re- cycling: Councilmembers Pauline Langsdorf, Chair; John Moravec; and Steven Leppa. Moved by Councilmember Herbes and seconded by Councilmember Pygg to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the addition of a taxicab license for H. C. Bierbrauer dba Town Taxi Company; and Cater- ing Concepts by Ann dba Annie's Club Cafe, 5222 - 56th Avenue North; 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 Smothers to adjourn the meeting. / f Motion Carried. Mayor ATTEST: City Clerk 181 182 3 FEBPUAPY 1987 Pursuant to due call and notice thereof, the ''egu'Lz r meeting of the Crystal City Council was held on February 3, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Smothers, Leppa, Herpes. Those absent were: Pygg, Moravec, Aaker. Also present were the following staff members: David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; William Barber, Assistant Building Inspector; Nancy Deno, Administrative Assistant; Darlene George, Deputy City Clerk. Staff members absent were: John T. Irving, City Manager. In the absence of Mtiyor Aaker and Mayor Pro -tem Rygg it was moved by Councilmember Smothers and seconded by Councilmember Leppa to appoint Councilmember Herbes as Mayor Pro -tem for the February 3, 1987 Council meeting. Motion Carried. The Mayor Pro -tem lett 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 20, 1987. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of January 2.0, 1987. . 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, February 17, 1987, 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 in the rear yard setback to build a 14' x 12' deck at 5209 Xenia Avenue North. f 2. Consideration of a gambling license to the State of Minnesota from the Minnesota Therapeutic Camp, Incorporated at Rostamo's. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. Mr. William Antoski, Jr., 5555 Welcome Avenue North, appeared before the City Council regarding smoke from a wood -burning furnace next door to his home. Moved by Councilmember Smothers and seconr'.ed by Councilmember Leppa to direct staff to call on the owner of the woodburning furnace in an effort to remedy the problem and report to the City Council at their February 17, 1987 meeting. Motion Carried. 183 3 FEBRUARY 1987 The City Council considered a building permit request from Stuart Corporation to build a 65' x 195' Office/Retail Building at 3640 Winnetka Avenue North. 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, Building Permit #8036 with inclusion of the following conditions: (1) occupancy restrictions as stated in memo from Bill Monk, City Engineer, dated January 7, 1987, (2) execution of Exhibit "A" Agreement, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Paul Rosenthal, Francis Rondoni, Chapin Hall and Peter MacMillan, members of the firm of Rosenthal, Rondoni and MacMillan, Ltd. appeared before the City Council to give a report on their legal activities. The City Council discussed the Bassett Creek Water Management Plan. r, The City Engineer reported that the Plan was not ready for Council reviewal but would be ready for the February 17, 1987 meeting. The City Council considered the 1987 vehicle and equipment purchases from the Street Department. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the purchases as recommended by the City Engineer in his memorandum to the City Manager dated January 20, 1987. Motion Carried. The City Council considered a list of names to be submitted to the District Court Judge for the Charter Commission. Moved by Councilmember Langsdorf to defer the item until the February 17, 1987 meeting because of the absence of members of the Council. Motion failed for lack of a second. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the list of names as presented and submit to the District Court Judge. By roll call and voting aye: Smothers, Leppa, Herbes; voting no: Langsdorf; absent, not voting: Aaker, Moravec, Rygg. Motion Carried. The City Council discussed truck routes on 32nd Avenue North. Mr. and Mrs. Crawford, 3225 Welcome Avenue North and Jim Worth, 5530 - 32nd Avenue North appeared. Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to investigate truck traffic to the Harold Herman Furniture site and report to the City Council at the February 17, 1987 Council meeting. Motion Carried. 184 3 FEBRUARY 1987 The City Council considered changing the date of the March 3, 1987 Council meeting due to Councilmembers attending the Annual Congressional City Conference. r Moved by Councilmember Smothers anO seconded by Councilmember Leppa to change the regular City Council meeting of March 3, 1987 to March 10, 1987. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the list of license applications, as submitted by the Deputy City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the exception of an address change for Big Top Balloons from 6400 - 56th Avenue North to 5436 Douglas Drive, Suite 2; 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 Langsdorf to adjourn the meeting. / Motion Carried. Mayor ATTEST: Deputy Cit Clerk 1 1 17 FEBRUARY 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on February 17, 19`17, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Lanasdorf, Rygg, Moravec, Smothers, Aaker, Leppa; the following were absent: Herhes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City Engineer; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; and 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 February 3, 1987. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of February 3, 1987. 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, March 10, 1987, as the date and time for a public 1 hearing at which time the City Council will consider Year XIII Community Development Block Grant Program Fund usage. 2. To set 7:00 P.M.,, or as soon thereafter as the matter may be heard, March 10, 1987, 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 A. Jamsa for a variance of 12' in the required 30' side street side yard setback to build an 8' x 14' addition to the existing house at 5204 Georgia Avenue North. 3. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 10, 1987, as the date and time for a public , hearing at which time the City Council will consider tentative approval of proposed plat Sunnybrook located in the vicinity of 30th and Brunswick Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Smothers 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 Improvement Project No. 87-2 for drainage and surface improvements to the alley between Xenia and Welcome Avenues from 44th to 46th Avenues. The Mayor asked those present to voice their opinions or ask questions concerning the project. Those present and heard were: Jim Hanly, 4527 Welcome Avenue North; Henry Peterson, 4455 Welcome Avenue North; Don Comeau, 5624 - 45th Avenue North; Dale Coehring, 5615 - 46th Avenue North; Timothy Robertus, 4430 Xenia Avenue North. 2 17 FEBRUARY 1987 Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispenses? !� with by unanimous consent: RESOLUTION NO. 87-5 A RESOLUTION ORDERING IN THE DRAINAGE AND SURFACE IMPROVEMENTS TO THE ALLEY BETWEEN XENIA AND WELCOME AVENUES FROM 44TH TO 46TH AVENUE, IMPROVEMFNT DTO. 87-2 WHEREAS, it has been proposed to proceed with Alley Improvement No. 87-2, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interest of the City of Crystal and the owners of property especially benefited thereby that the construction be performed and all property owners assessed, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Crystal, Minnesota, that all of the improvements be and the same are ordered constructed as set out in the Notice of Public Hearing, published in The North Hennepin Post February 5 and February 12, 1987, which hearing was held on February 17, 1987, which Notice of Public Hearing is incorporated into and made a part of this resolution as if set forth in full herein, including the respective cost estimates thereof. BE IT FURTHER RESOLVED that all properties located upon said alley as listed in aforesaid Notice for Improvement No. 87-2, shall be hereinafter designated Alley Improvement No. 87-2 and IT IS FURTHER RESOLVED that the entire cost of the above desiq- nated improvement, including the cost of engineering, interest during construction and necessary incidental expenses shall be assessed against all real property benefited by such improvement as listed above. BE IT FURTHER RESOLVED that the City Fngineer be instructed to provide the City with final detailed plans and specifications for Alley Improvement No. 87-2, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Alley Improvement No. 87-2. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa; absent, not votinu- Herbes. Motion carried, resolution declared adopted. Mayor ATTEST: City -Cl 1 r 3 17 FEBRUARY 1937 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 Improvement Project No. 87-3, curb and gutter improvements on Yates Avenue between `) 56th and 57th Avenues. The Mayor asked those present to voice their opinions or ask questions concerning the project. Those present and heard were: Dean Schwarz, 5656 Yates Avenue North. 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. 87-6 A RESOLUTION ORDERING IN THE CURB AND GUTTER IMPROVEMENTS ON YATES AVENUE BETWEEN 56TH AND 57TH AVENUES, IMPROVEMENT NO. 87-3 WHEREAS, it has been proposed to proceed with Curb and Gutter Improvement No. 87-3, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interest of the City of Crystal and the owners of property especially benefited thereby that the construction be performed and all property owners assessed, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Crystal, Minnesota, that all of the improvements be and the same are ordered constructed as set out in the Notice of Public Hearing, published in The North Hennepin Post February 5 and February 12, 1987, which hearing was held on February 17, 1987, which Notice of Public Hearing is incorporated into and made a part of this resolution as if set forth in full herein, including the respective cost estimates thereof. BE IT FURTHER RESOLVED that all properties located upon the abutting street as listed in aforesaid Notice for Improvement No. 87-3, shall be hereinafter designated Cuib and Gutter Improvement No. 87-3, and IT IS FURTHER RESOLVED that the entire cost of the above desig- nated improvement, including the cost of engineering, interest during construction and necessary incidental expenses shall be assessed against all real property benefited by such improvement as listed above. BE IT FURTHER RESOLVED that the City Engineer be instructed to provide the City with final detailed plans and specifications for Curb and Gutter Improvement No. 87-3, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Curb and Gutter Improvement No. 87-3. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa; absent, not voting: Herbes. Motion carried, resolution declared adopted. 4 ATTEST: City Clerk' 17 FEBRUARY 1987' Fi Mayor 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 a request from Terry Smykalski and Jodi Rosa for a variance of 14' in the required 40' rear yard setback to build a 12' x 14' deck on the existing house at 5209 Xenia Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeated. Moved by Councilmember Smothers and seconded by Councilmember Rygg to grant, as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4a), to grant a variance of 14' in the required 40' rear yard setback to build a 12' x 14' deck on the existing house at 5209 Xenia Avenue North as requested in Application #87-3. Motion Carried. Mr. and Mrs. Thomas Tuttle, 6901 Markwood Drive, appeared before the City Council regarding the 3 to 6 A.M. parking restrictions. Hugh Munns, 6611 Markwood Drive also appeared and was heard. The City Council considered a request from Dan Pettit of Pettit Superette for a variance to allow a projecting sign on the canopy (3' x 15') at 5120 - 56th Avenue North. Dan Pettit appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve a variance to allow a projecting sign on the canopy (3' x 15') at Pettit Superette, 5120 - 56th Avenue North. Motion Carried. The City Council considered the applications for appointment to the Planning Commission from Russ Rubin, 2709 Brookridge Avenue; Kathryne Smaagaard, 3210 Adair Avenue North and Rita Nystrom, 3618 Adair Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Rita Nystrom to the Planning Commission for Section I for an unexpired term expiring December 31, 1989. Motion Carried. The City Council considered applications for appointment to the Park and Recreation Advisory Commission from Mark R. Dooher, 3411 Major Avenue North; Janell Saunders, 6920 - 60th Avenue North and John Henry Berg, 4500 Welcome Avenue North. 5 17 FEBRUARY 1987 Moved by Councilmember Smothers and seconded by Councilmember Leppa to appoint Janell Saunders to the Park and Recreation Advisory Commission for an unexpired term expiring December 31, 1989. Motion Carried. The City Council considered applications for appointment to the En- vironmental Quality Commission from Hugh Munns, 6611 Markwood Drive; Steven R. Voss, 6617 - 43rd Avenue North; Lerry Teslow, 6501 Markwood Drive; John Hawk, 5657 Nevada Avenue North; and Diane Christopher, j 3506 Zane Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to appoint Hugh Munns and Steven R. Voss to the Environmental Quality Commission for unexpired terms expiring December 31, 1987; Lerry Teslow and John Hawk for unexpired terms expiring December 31, 1988; and Diane Christopher for an unexpired term expiring December 31, 1989. Motion Carried. The City Council considered First Readinq of an amendment to the Zoning Code to allow lodges and fraternal organizations with food and beverage service and restaurants in conjunction with other allowable uses as conditional uses in an R-4 (high density residential) district.,,, Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE AMENDING SECTION 515.25, SUBDIVISION 4 OF THE ZONING CODE: ALLOWING NON-PROFIT LODGES AND FRATERNAL ORGANIZATIONS WITH FOOD AND BEVERAGE SERVICES AND RESTAURANTS IN CONJUNCTION WITH ANOTHER ALLOWABLE USE AS CONDITIONAL USES IN THE R-4 DISTRICT and further, that the second and final reading be held on March 10, 1987. Motion Carried. The City Council considered a request for a tax increment financing district and a development plan for Sunnybrook. Donald Slough, 3301 Brunswick Avenue North, Mike Abrams, 6017 North 29th Place and Shirlie Lundgren, 6307 - 34th Avenue North appeared and were heard. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to proceed to the Planning Commission with a development plan and direct staff and the City Attorney to study the tax increment issues. Motion Carried. The City Council considered the access situation for Harold Herman Furniture, 32nd Avenue and Highway 100. Mr. Herman; Mildred Crawford, 3225 Welcome Avenue North; Robert Costigan, 3224 Welcome Avenue North; and Louis Arabanos, 3217 Welcome Avenue North appeared and were heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to direct staff to contact the Commissioner of Highways to explore the possibility of reducing the speed of truck traffic to 20 M.P.H. on Welcome Avenue from 32nd Avenue North to 36th Avenue North. I 17 FEBRUARY 1987 By roll call and voting aye: Rygg, Moravec, Smothers, Aaker; voting no: Langsdorf; absent, not voting: Herbes, Leppa. Motion Carried. The City Council considered an amendment to the agreement with LeFevere, Lefler, Kennedy, O'Brien and Drawz commencing January 1, 1937. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve an amendment to the agreement with LeFevere, Lefler, Kennedy, O'Brien and Drawz, modifying their hourly rate from 570 to $75 per hour commencing January 1, 1987, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council reviewed the Bassett Creek Water Management Plan. �j Moved by Councilmember Moravec and seconded by Councilmember Smothers to authorize the Mayor to write a letter to the Chairman of the Bassett Creek Water Management Commission with the following comments concerning the Management Plan: (1) that the late William Sherburne, former City Engineer for the City of Crystal, be acknowledged for his efforts toward the Plan and (2) questioning three of the improve- ment projects listed within Crystal. notion Carried. The City Council considered temporary sign permits and waiver of the fee for the Lions Club pancake breakfast. Moved by Councilmember Leppa and seconded by Councilmember Rygg to approve temporary sign permits and waiver of the fee for the Lions Club pancake breakfast March 2, 1987 through March 9, 1987. Motion Carried. The City Council recognized a donation from the VFW Post #E494 for $1,000 for the Senior Center at Thorson Community Center and a donation from the Crystal Lions Club for $1,000 as 4th payment on �S the exercise path for North Lions Park. Moved by Councilmember Rygg and seconded by Councilmember Moravec to direct staff to acknowledge receipt of the donations. Motion Carried. The City Council discussed the authorization to purchase pins with the new City Logo for distribution by the City. %yt' Moved by Councilmember Langs(9-rf and seconded by Councilmember Smothers to purchase 1,000 pins. By roll call and voting aye: Langsdorf, Rygg, Smothers, Leppa; voting no: Moravec, Aaker; absent, not voting: Herbes. Motion Carried. The City Council considered a report from the Assistant Building Inspector regarding the wood -burning furnace next to William Antoski residence at 5555 Welcome Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Leppa to accept the report as presented. Motion Carried. 1 7 17 FEBRUARY 1987 The City Council considered an appointment to the Crystal HRA. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf - to accept the Mayor's recommendation to reappoint Peter Meintsma to the Crystal Housing and Redevelopment Authority for a term ending December 31, 1992. Motion Carried. The City Council considered the resignation of Arlene Hanly from the Human Relations Commission. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the resignation of Arlene Hanly from the Human Relations Commission, and to direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. The City Council discussed a meeting with Martin Sabo while attending ! the Annual Congressional City Conference in Washington, D.C. The City Council discussed relocation of the Crystal Branch of the U. S. Postal Service, located at 5625 Hampshire Avenue North. The City Council discussed the budget Governor Perpich is presenting to the legislature. Mayor Aaker reported on the Bi -Centennial Conference in Chicago. Donald Noonan of 5332 Hanson Court appeared regarding police response to a call at Hanson Court Apartments. "loved 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 copy of which is on file in the office of theCity Clerk, with the addition of a tree trimmer's license for Canopy Tree Care, 5101 - 109th Avenue North, Champlin, Minnesota, and further, that such list be incorpor- ated 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. Mc(t�on Carried. Mayor ATTEST City Cl� I 10 MARCH 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on March 10, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; the following were absent: Smothers. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City Engineer; Donald Peterson, Building In- spector; Nancy Deno, Administrative Assistant; and 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 February 17, 1987. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of February 17, 1987. 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, April 7, 1987, as the date and time for a public hearing at which time the City Council will consider a request from Richard Whitley of the C. O. Field Company to build a 12' x 16' room addition and a 12' x 16' deck at 4843 Yates Avenue. 2. Consideration of appointing Environmental Quality Commission Member, Hugh Munns as the Commission's representative to the Long -Range Planning Commission, term expiring 12/31/89. 3. Consideration of accepting the resignation of James Newstrom from the Human Relations Commission, declaring the seat vacant, and directing the City Manager to send a letter of thanks and appreciation. 4. Consideration of setting May 9, 1987 at 12:30-3:30 P.M. J as the date and time for the Crystal's rabies vaccination clinic to be held at the City garage. 5. Consideration of setting April 25, 1987 at 10:00 A.M. as the date and time for the public auction for bicycles and other surplus items to be held at the City garage. Moved by Councilmember Herbes 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 variance of 12' in the re - 1 A 10 MARCH 1987 quire d 30' side street side yard setback to build an 8' x 14' addition at 5204 Georgia Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Rygg to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or moClify the strict application of Section 515. 13, Subd. 3 a) 2) ii) to build an 8' x 14' addition at 5204 Georgia Avenue North as requested in application #87-1. 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 Sunnybrook located in the vicinity of 30th and Brunswick Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. Those present and heard were: Lois Hardt, 3109 Douglas Drive; Gregg Peppin, 2716 Lamplighter Lane; Jim Gratias, 2917 Edgewood and Leroy Mude, 3419 Xenia Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Leppa to grant tentative approval of proposed plat Sunnybrook located in the vicinity of 30th and Brunswick Avenue North. 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 Year XIII Community Development Block Grant Program fund usage. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution: RESOLUTION NO. 87-7 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Crystal has executed a Joint Cooperation Agreement with Hennepin County establishing participation in the Ur- ban Hennepin County Community Development Block Grant Program, and WHEREAS, the City has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and WHEREAS, the proposed use of Community Development Block Grant funds by the City has been developed consistent with the Urban Henne- pin County Statement of Objectives and the Housing and Community De- velopment Act of 1974, as amended, A 10 10 MARCH 1987 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal approves the following proposed program for use of Year XIII Urban Hennepin County Community Development Block Grant funds by the City and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee for inclusion in the Year XIII Urban Hennepin County Community Development Block Grant Statement of Objectives and Projected Use of Funds: Senior Transportation Program $ 8,000 Child Care Parent's Assistance $10,000 SAC Charges for Elderly Housing $25,000 Industrial/Economic Development $35,354 Housing Rehabilitation $40,000 By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; absent, not voting: Smothers. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk Councilmember Moravec requested staff to prepare a usage report on the Senior Transportation services. Patti Hague, Manager and Bill Barber, Boardmember and Chairperson of the Disaster Action Team of the Northwest Hennepin Branch of the American Red Cross appeared before the City Council. The City Council considered a petition for 2 -way stop signs at the intersection of Corvallis and Florida Avenues. Mark Warnack , 5102 Florida Avenue appeared. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve installation of 2 -way stop signs going east and west on Corvallis Avenue. By roll call and voting aye: Rygg, Langsdorf, Aaker; voting no: Herbes, Leppa, Moravec; absent, not voting: Smothers. Tie vote. Moved by Councilmember Leppa and seconded by Councilmember Herbes to install 2 -way stop signs on Florida Avenue. By roll call and voting aye: Langsdorf, Moravec, Aaker, Leppa, Herbes; voting no: Rygg; absent, not voting: Smothers. Motion Carried. Moved by Councilmember Rygg to amend the motion to include a 4 -way stop at the intersection of Florida and Corvallis Avenues. Motion failed for lack of a second. 11 10 MARCH 1987 The City Council considered the applications of James W. Darmer, 5629 Yates; Scott Kerner, 4305 vera Cruz; and Jean Wild, 4311 Georgia for appointment to the Human Relations Commission. All three applicants appeared. Also heard was Lois Hardt, 3109 Douglas Drive. j� Moved by Councilmember Herbes and seconded by Councilmember Rygg to appoint James Darmer and Scott Kerner to the Human Relations Commission for unexpired terms expiring December 31, 1989 and Jean Marie Wild for an unexpired term expiring December 31, 1988. Motion Carried. By general consent the Council appointed the applicants in alphabetical order by their last names. The City Council considered the First Reading of an ordinance re- lating to lawful gambling in the City of Crystal. Moved by Councilmember Leppa and seconded by Councilmember Herbes to delay action until all councilmembers were present. Motion Carried. The City Council considered cancellation of special assessments on property at 5354 Douglas Drive. )0 Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTInN NO. 87-.8 A RESOLUTION CANCELLING SPECIAL ASSESSMENTS ON PROPFRTY ACQUIRED BY THE CITY OF CRYSTAL, I1PA WHEREAS, the City of Crystal has purchased that part of Block 4 lying SWly of a line running par with West Broadway from a point in the SEly line thereof distance 257.4' NEly from the most Sly corner thereof, except street, Hanson's Addition (5354 Douglas Drive) , and WHEREAS, there are special assessments levied on this lot, the total unpaid balance of which is $1224.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the cancellation of the balance of Curb & Gutter 5580 -WB in the amount of $612.00 and Sidewalk 5580-1%1B in the amount of $612.00 on that part of Block 4 lying SWly of a line running par with West Broadway from a point in the SEly line thereof distance 257.4' NEly from the most Sly corner thereof, except street, Hanson's Addition - P.I.D. #09-118-21-22-0036. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; absent, not voting: Smothers. Motion carried, resolution declared adopted. 12 ATTEST: City Cle 10 MARCH 1987 Mayor The City Council considered the Second Reading of an ordinance amending the Zoning Code to allow lodges and fraternal organizations with food and beverage services and restaurants in conjunction with other allowable uses as conditional uses in an R-4 (high density residential) district. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 87-2 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX 1 "ZONING" SUBSECTION 515.25, SUBDIVISION 4 BY ADDING CLAUSES THERETO and further, that this be the second and final reading. Motion Carried. The City Council considered bids for the Park Department tractor/ mower. Moved by Councilmember Moravec and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: RESOLUTION NO. 87-9 RESOLUTION AWARDING BID FOR A TRACTOR/MOWER IN THE PARK DEPARTMENT WHEREAS, the City of Crystal did advertise for bids for a tractor/mower in the Park Department, and WHEREAS, such bids were received and publicly opened on March 4, 1987, and tabulated as follows: Terra Care, Inc. $18,690.00 Excel Industries, Inc. $18,849 .00 Kuj awa Enterprises, Inc. $19,006-00 AND WHEREAS, Terra Care, Incorporated, is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a tractor/mower in the Park Department to Terra Care, Incorporated, in the amount of $18,690.00, and 1 1 10 MARCH 1987 13 BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; absent, not voting: Smothers. ATTEST: City Clerk Motion Carried. c Mayor The City Council considered insurance renewal proposals for the 1987-1988 policy year. Nancy Deno, Administrative Assistant, explained the proposals. Cary Shaich of the Towle Agency was also )"7 present and heard. Moved by Councilmember Leppa and seconded by Councilmember Herbes to accept the proposal of League of Minnesota Cities Insurance Trust Program for General Liability, Workers Compensation, Automobile Liability, and Public Officials, as presented by staff. Motion Carried. The City Council recognized the donation from the Crystal Lions Club for $1,000 as the 5th of six payments for the exercise path at North Lions Park. The City Council recognized the contribution from the Golden Valley VFW Post 7051 in the amount of $1,000 toward the purchase of bullet- proof vests for the Police Department. The Council directed staff to write a letter of thanks and appreciation. The City Manager distributed four samples of letterhead stationery for councilmembers . t Moved by Councilmember Leppa and seconded by Councilmember Moravec to use the fourth sample in the packet. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Herbes to include John T. Irving, City Manager on the letterhead following _ Councilmember Herbes. Motion Carried. 14 10 MARCH 1987 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 in the preliminary agenda, a copy of which 1 is on file in the office of the City Clerk, with the addition of a tree trimmer's license for Tim's Tree Service, Inc., 5612 Corvallis Avenue North, Crystal, Minnesota, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. The City Council recognized the fine efforts of the League of Women Voters in putting together a film on recycling that is being shown on Cable Channels 7 and 10. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. Mayor ATTEST: — Z'. 1,", City Cler 1 15 17 MARCH 1987 Pursuant to due call and notice thereof, the Regular rneetinr_, of the Crystal City Council was held on March 17, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Her_bes. Also present were the fo]lowina staff members: John T. Irving, City Manager; David Kennedy, City Attorney; William Monk, City Engineer; Donald Peterson, Building Inspector; and Darlene George, City Clerk. Staff members absent were: John Olson, Assistant City Manager and Nancy Deno, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered the minutes of the regular City Council meeting of March 10, 1987. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of March 10, 1987. Motion Carried, The Citv Council considered the followinq items on the Consent Agenda: .1. Set 7:00 P.M., or as soon thereafter as the matter may be heard April 7, 1987, as the date and time for a public hearing at which time the City Council will consider a request from James Martin of Jim Martin & Son Insurance for a variance of 4 parking spaces in the required number of parking spaces (10) at 6308 - 34th Avenue North. 2. Consideration of the resignation of George Timmerman from the Planning Commission. 3. Consideration of the appointment of a Weed Inspector for 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. The Camp Fire Blue Bird Group appeared before the City Council. , Mayor Aaker then proclaimed March 15 to 22, 1987, as Camp Fire Birthday Week in the City of Crystal. Barbara Leppa, Hennepin County Master Gardener, appeared before the City Council to discuss planting in the Streetscape on Bass Lake Road. The Mayor appointed Barbara Leppa as chairperson of a committee which will work with City staff on the planting project. 16 17 MARCH 1987 The City Council considered the truck traffic in the area of Welcome and 32nd Avenues North. Those present and heard were: Mildred and John Crawford, 3225 Welcome Avenue and Phil Herman of Harold Herman Furniture. Moved by Councilmember Moravec and seconded by Councilmember Leppa to allow a temporary special permission pass for trucks to exit Harold Herman Furniture by way of 32nd Avenue to Douglas Avenue with the understanding that only trucks with conventional cabs be permitted to use this route. By roll call and voting aye: Leppa, Moravec; voting no: Herbes, Aaker, Rygg, Langsdorf; abstaining: Smothers. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Herbes that staff work with Mr. Herman in an attempt to find a solution to truck traffic in the 32nd and Welcome Avenue Area. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property located at 4030 Brunswick Avenue North from R-1 (single-family residential) to R-2 (single and 2 -family residential). Those present and heard were: Nancy Hansen Johnson, 4741 Edgewood. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO ZONIEG- CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on April 7, 1987. By roll call and voting aye: Langsdorf, Rygg, Smothers, Herbes, Aaker; voting no: Moravec, Leppa. Motion Carried. The City Council considered authorization to issue building permit #8100 to construct a 32' x 22' 3 -stall garage at 6000 Lakeland Avenue North. Mr. Halek appeared. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the issuance of building permit #8100 to construct a 32' x 22' 3 -stall garage at 6000 Lakeland Avenue North, P.I.D. #05-118-21-11-0032, subject to standard procedure. Motion Carried. 1 17 17 MARCH 1987 The City Council considered h ds for tree trimming for 1987. Tim Hagen of Tim's Tree Service appeared. 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. 87-10 RESOLUTION AWARDING BID FOR TREE REMOVAL IN THE CITY WHEREAS, the City of Crystal did advertise for bids for removal of trees and stumps on public property and removal of trees and stumps on private property and trimming of trees on public property, and WHEREAS, such bids were received and publicly opened on March 12, 1987, and tabulat,:-�( as follows: CATEGORY Removal of public property trees (elm and Oak) GORECKI & COMPANY TIM'S TREE SERVICE $16,300.00 Removal of public property trees (other) 2,265 00 Trimming of public property trees 9,041.00 Removal of private property trees (elm and Oak) 2,725.00 Removal of private property trees (other) 2,02.5.00 TOTAL: $32,356.00 $10,666.00 1,811.00 11,190.00 2,810.00 2,100.00 $28,577.00 AND WHEREAS, Tim's Tree Service, Incorporated is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the bid for removal of pur;.o.c p_raperty trees and removal of private property trees and tree trimming to Tim's Tree Service, Inc., for the amounts shown above, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. �1 17 MARCH 1987 By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes, Smothers. Motion carried, resolution declared adopted. ATTEST: City Cler Mayor The City Council considered a feasibility report for a storm sewer improvement project at 55th and Douglas Drive. Keith Shannon of Orr-Schelen-Mayeron & Associates appeared. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the feasibility report for Storm Sewer Improvement Project No. 87-4. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to set 7:00 P.M., or as soon thereafter as the matter may ii be heard, April 21, 1987, as the date and time for a public hearing to consider Storm Sewer Improvement Project No. 87-4 at 55th and Douglas Drive. Motion Carried. The City Council considered the First Reading of an ordinance relating to lawful gambling in the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance with certain changes to be K- made by the City Attorney as directed by the City Council. ORDINANCE NO. 87 - IN THE CITY; AMENDING CRYSTAL CITY CODE, SECTION 1100 BY ADDING A SUBSECTION: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1100.135, 1100.137 AND 1100.17 and further, that the second and final reading be held on April 7, 1987. Motion Carried. By roll_ call and voting aye: Leppa, Smothers, Herbes, Rygg, Langsdorf, Aaker; voting no: Moravec. Motion Carried. 1 19 17 MARCH 1987 The City Council considered a request from the Shingle Creek Flood Control Commission to adopt a resolution in opposition to certain legislation. Present and heard were: David Anderson, 2949 Hamoshire Avenue North. Moved by Councilmen: -)or Rygg and seconded by Councilmember Moravec to amend the last paragraph of the resolution to read "urging delay" rather than "opposes„' to the legislation ... Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the fa 11 owi_-.zg re so ?-u ti on, the reading of which was dispensed with by unanimous consent: / RESOLUTION NO. 87-11 A RESOLUTION RELATING TO TWO BILLS INTRODUCED IN THE MINNESOTA LEGISLATURE RELATING TO EROSION AND SEDIMENT CONTROL AND GROUND WATER WHEREAS, the Heniiepi n So and Water Conservation District (HSWCD) also called the Hennepin Conservation District (HCD) has two Bills introduced in the 1987 Minnesota Legislature, and WHEREAS, the HCD has sent to the various cities in Hennepin County a summary of both Bills as the Bills relate to a "Local Erosion and Sediment Control_ Bill for Hennepin County,” and WHEREAS, the Minnesota Legislature has previously- adopted many laws which relate to erosion and sediment problems and the underground water supply and the responsibilities for these general subjects rest with numerous state agencies, counties, special districts and munic4pa7 corporations, and WHEREAS, in 1982 the Pli_nnesota Legislature adopted Chapter 509 [Codified as Minnesota Statutes 473.875 to 473.8831 which is known as the "Metropolitan Surface Water Management Act" and said legislation req u4 -res that all watershacis within the seven county metropolitan area are required to prepare watershed management plans and within .said area there are 46 separate watersheds, and WHEREAS, the Metropolitan Surface Water Management Act has the purpose of preventing f.i_ood;.ng and erosion from surface flows, improving water quality and promot.;.ng ground eater recharge and all of said purposes relate to erosion an(-, sediment control and the underground water supply and further requires that all watershed plans must be presented to soil and water conservation districts for their comments, and WHEREAS, the effect of the Bills presented by HCD are limited to Hennepin County and further are -limited in that the State, the 20 17 MARCH 1987 County, the City of Minneapolis, first ring suburbs [not defined] and agriculture activities are all exempt from HCD controls or permit requirements, and WHEREAS, the proposed legislation expands the powers of one soil and water conservation district in the state and requires controls in parts of one county and requires inspections and monitoring in certain areas for "all situations encountered during the period that land grading begins and landscaping is completed on a construction site," and does not indicate where the persons retained to make the inspections or to carry on monitoring activities will get their funds, WHEREAS, upon preliminary review by the City of Crystal it does not appear that this proposed legislation is uniformly representative or well conceived for the following reasons: A. Any Bill relating to erosion and sediment controls should be general legislation or at the very least should apply to all seven counties in the Metropolitan area. B. Ground water travels underground and there is no rationale basis to control these activities on a county by county basis. It is asserted by many experts that the waters pumped from underground wells in the metropolitan area enter the ground at St. Cloud or further north of that area. C. The HCD and all soil and water conservation districts in the metropolitan area are directly involved in establishing watershed management plans under Chapter 509 and Minnesota Statutes, Section 473.878 requires that all plans be submitted to soil and water conservation districts. If the HCD has a master plan or has specific recommendations relating to erosion and sediment controls, water quality or ground water recharging; it can comment and request the WMO, the County, the Metropolitan Council, the DNR, the PCA and the Water Resources Board to include these recommendations in all plans not just in the 12 Watersheds in Hennepin County. D. The exemptions included in the Bills for Agriculture, State, County, first ring suburbs and the City of Minneapolis removes the proposed controls from the most densely populated areas and from the areas [agriculture] creating the biggest problems--nonpoint sources of pollution. E. Requiring inspections of all land disturbing activities in Hennepin County, outside of exempt areas, creates unknown cost problems for some cities and/or watersheds and may well represent a duplication of activities already taking place. F. The City of Crystal as a member of the Bassett Creek and Shingle Creek Water Management Organizations does agree that erosion and sediment controls are necessary and should be included in all watershed management plans being submitted to 1 21 17 MARCH 1987 the Minnesota Water Resources Board. However, the City does believe there is a sufficient amount of legislation covering the subject and that enough governmental bodies are currently involved in establishing and regulating the subjects and that the proposed legislation would be a duplication and is not cost efficient. G. if the proposed legislation is adopted, it should apply state-wide or at the very _least over the entire metropolitan area. H. Duties assigned to cities and WMO's must be funded. The proposed legislation requires some WMO's and some cities to incur additional costs by hiring people to develop and design local plans, and this is unnecessary because all soil and water conservation districts can comment and suggest controls or proposed regulations in the WMO planning process. If this legislation is adopted, the state should provide these limited areas with sufficient monies to cover their costs. NOW, THEREFORE, BE IT RESOLVED that the City of Crystal requests a delay in passage of legislation introduced and sponsored by the Hennep1_n Soil and Water Conservation Dlstricr as presently drafted until the fall_ impacts of its effect on duplication of effort and narrow jurisd_,ct_onal_ application can be assessed. Further, Crystal encourages the Hennepin Soil and Water Conservation District to share their ideas and concerns with cities individually or when they review our watershed management plans. By roll call. and voting Leppa, Aaker; voting no: declared adopted. ATTEST: City Cle k aye: Rygg, Moravec, Smothers, Herb`s, Langsdorf. Motion carried, resolution Mayor The City Council recognized disbursements submitted by Fran Skilling of the VFW pertaining to their donation of plaque, J`; flagpole, flags and seating arrangement for Becker Park, and donations received for the Performing Arts Fund. Barbara McMahon, 3543 Lee Avenue North was present and heard regarding a vacant house next door to her. By general consensus the Council directed staff to investigate and report back to them. 22 17 MARCH 1987 By general consensus it was decided the City Council will discuss the Civil Service Handbook at the April 21, 1987 meeting. The City Council discussed the Civil Service Commission's request for outside legal counsel. Moved by Councilmember Leppa and seconded by Councilmember Moravec to deny such request and request that the Civil Service Commission direct any questions of a legal nature to the City Attorney. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to table the motion. Motion Carried. The City Manager reported on the status of the City Charter Commission candidates. The City Council discussed putting together a booklet on the history of Crystal for the Centennial Celebration. 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 copy 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 Smothers to adjourn the meeting. Mayor ATTEST: S"-", City lerk Motion Carried. 23 7 APRIL 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 7, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; William Monk, City Engineer; Donald Peterson, Building Inspector; John A. Olson, Assistant City Manager; Nancy Deno, Administrative Assistant; and Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. John T. Irving, City Manager, presented a letter to the Mayor and City Council announcing his retirement effective June 30, 1987, which was read to the Council and audience by Mayor Aaker. The City Council considered the minutes of the regular City Council meeting of March 17, 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of March 17, 1987 with the exception of changing "Bill Herman" to "Phil Herman" in the first paragraph on the second page. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of the recommendation of the Human Relations Commission to appoint Scott Kerner as a Representative to the Long -Range Planning Commission for an unexpired term expiring December 31, 1989. 2. Acceptance of donations received for the Performing Arts Fund. ' Moved by Councilmember Rygg and seconded by Councilmember Smothers 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 variance requests from the C.O. Field Company on behalf of JoAnn Boettner for a variance in lot depth (present lot is 97.58 feet; required 100 feet) and in lot area (lot is 6440.28 sq. ft. instead of the required 7500 sq. ft.) and a variance of 8.42 feet in the required 40' rear yard setback to allow the construction of a 12' x 16'6" addition and a 12' x 16' 24 7 April 1987 deck at 4843 Yates Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one was heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 12' x 16'6" addition and a 12' x 16' deck to be constructed at 4843 Yates Avenue North as requested in application #87-12. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 8.42 feet in the required 40' rear yard setback for the construction of a 12' x 16'6" addition and a 12' x 16' deck on the existing house at 4843 Yates Avenue North as requested in application #87-13. 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 variance of four off-street parking spaces in the required ten parking spaces at 6308 - 34th Avenue North (Jim Martin & Son Insurance) . The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Mr. Martin of Jim Martin & Son Insurance was present. Moved by Councilmember Rygg and seconded by Councilmember Smothers to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd_ 8 q) six parking spaces in lieu of the required ten parking spaces at 6308 - 34th Avenue North (Jim Martin & Son Insurance) as requested in application #87-14. Motion Carried. The City Council considered site improvements and building permit for 6308 - 34th Avenue North (Jim Martin & Son Insurance). Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve Building Permit #8093 subject to receipt of bond and signed agreement within 14 days for 6308 - 34th Avenue North. Motion Carried. L� 25 7 April 1987 The City Council considered a request for a conditional use permit for lodge and restaurant uses in an R-4 District for the VF`ud Post located at 5222 - 56th Avenue North. 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 #87-2 for lodge and restaurant uses in R-4 District for the VFW Post located at 5222 - 56th Avenue North. Motion Carried. John Evans, Representative for District 10 of the Metropolitan Council appeared before the City Council. The Council indicated : their interest in areas of transit, recycling, MAC and funding. Arthur Cunningham, Chairperson of the Civil Service Commission, appeared before the City Council to request the Council remove his request for outside legal assistance made at the March 17, 1987 Council meeting from the table. l Moved by Councilmember Herbes and seconded by Councilmember Smothers to remove the request of the Civil Service Commission for outside legal assistance from the table. Motion Carried. Shirlie Lundgren, 6307 - 34th Avenue North appeared and was heard. After considerable discussion, the Council by common consent, advised the Civil Service Commission to work with the City Attorney after which time they could consult with the Attorney General's ti Office to interpret the question of the jurisdiction of the Civil Service Commission. The City Council considered a request from the Crystal Lion's Club to conduct an annual Spring Festival at an off-site location (Crystal K of C Hall) under their current gambling license. i Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to approve a request from the Crystal Lion's Club to conduct an annual Spring Festival at an off-site location (Crystal K of C Hall) under their current gambling license #8-01668-003. Motion Carried. The City Council considered the Second Reading of an ordinance rezoning property at 4030 Brunswick Avenue North from R-1 to R-2. I: Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: 26 7 April 1987 ORDINANCE NO.87-3 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. By roll call and voting aye: Langsdorf, Rygg, Smothers, Herbes, Aaker; voting no: Leppa, Moravec. Motion Carried. The City Council considered the Second Reading of an ordinance regarding lawful gambling in the City of Crystal. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following ordinance as proposed with the exception of Section 8 to read "Twenty-five cents..." rather than "Five cents and "25%..." rather than "5%...": ORDINANCE NO. 87-4 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN THE CITY OF CRYSTAL: AMENDING CRYSTAL CITY CODE, SECTION 1100 BY ADDING A SUBSECTION: REPEALING CRYSTAL'S CITY CODE, SUBSECTIONS 1100.135, 1100.137, AND 1100.17 and further, that this be the second and final reading. By roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, Herbes, Aaker; voting no: Smothers. Motion Carried. The City Council considered bids for a 1 -ton dump truck. 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. 87-12 RESOLUTION AWARDING BID FOR A 1 -TON DUMP TRUCK IN THE STREET DEPARTMENT WHEREAS, the City of Crystal did advertise for bids for a 1 -ton Dump Truck in the Street Department, and WHEREAS, such bids were received and publicly opened on April 1, 1987, and tabulated as follows: Viking GMC Trucks $19,072.00 Boyer Ford $20,063.32 27 7 April 1987 AND WHEREAS, Viking GMC Trucks is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a 1 -ton dump truck in the Street Department to Viking GMC Trucks, in the amount of $19,072.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Motion Carried, re,,E�'olution declared adopted. Mayor ATTEST: City Clefk The City Council considered an agreement with Home Free Shelter for the year of 1987. Ir Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve an agreement with Home Free Shelter for the year of 1987, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered Change Order No. 1 for the Becker Park Project. Kim Waldof of BRW, Incorporated appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve Change Order No. 1 for the Becker Park Project, and further, to authorize the Mayor and City Manager to sign Change Order No. 1. Motion Carried. The City Council considered Change Order No. 2 for the Streetscape Project. Kim Waldof of BRW, Incorporated appeared and was heard. I Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve Change Order No. 2 for the Streetscape Project with the completion date being changed from June 30, 1987 to June 10, 1987, and further, to authorize the Mayor and City Manager to sign Change Order No. 2. W 7 April 1987 Motion Carried. The City Manager asked for the Council's authorization to purchase potting soil for the planting project along Bass Lake Road from the $1720 that was originally allocated for tree planting in the Streetscape Project. Moved by Councilmember Herbes and seconded by Councilmember Smothers to authorize staff to purchase whatever is needed for potting soil for the planting project. Motion Carried. The City Council considered reduction in surety from $53,000 to $6,000 for Frank's Furniture located at 5419 Lakeland Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Moravec to reduce surety from $53,000 to $6,000 for Frank's Furniture, 5419 Lakeland Avenue North because a portion of the work required to be performed as a condition of approval of the aforementioned plat has been completed, as recommended by the City Engineer. Motion Carried. The City Council considered a feasibility report for the 1987 Seal Coat Project. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to accept the feasibility report for 1987 seal coating program, Project No. 87-1. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, as the date and time for a public hearing to consider 1987 seal coating program, Project No. 87-1. Motion Carried. The City Council considered bids for a new copy machine. Moved by Councilmember Leppa and seconded by Councilmember Herbes to reject all bids for a new copy machine, and direct staff to clarify the specifications. Motion Carried. Ms. Hillier, 8600 - 32nd Place appeared and spoke to the Council regarding the possibility of a Group Home coming into the area of her residence. Mr. Irving advised the Council of informational items that were included in their Tuesday evening packets among which were: Action [1 29 7 April 1987 Alert regarding an Election Bill, Packet from the City Engineer regarding Sunnybrook Planned Unit Development (PUD), Memo from the Building Inspector regarding a vacant house at 3541 Lee Avenue North, and a letter from Judge Forsythe regarding candidates for appointment to the Crystal Charter Commission. 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. 87-13 RESOLUTION REQUESTING THE ADDITION OF JOHN T. IRVING ON THE LIST OF POTENTIAL CHARTER COMMISSION MEMBERS WHEREAS, John T. Irving, City Manager of the City of Crystal for almost 24 years, has indicated he will retire on June 30, 1987, and WHEREAS, the City Council, the City of Crystal believes that Mr. Irving's knowledge of City history and administration of City government would be of value to the Charter Commission as it commences its deliberations, and WHEREAS, Mr. Irving has indicated he would be willing to serve on the Charter Commission if so chosen, NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Crystal, that it request Chief Judge Robert A. Forsythe of Hennepin County District Court to include John T. Irving, 7024 - 45th Place North, Crystal, Minnesota 55428, on the list of potential Charter Commission members for the City of Crystal, and BE IT FURTHER RESOLVED that this resolution should be sent to Judge Forsythe for his consideration. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk Discussion was held regarding the procedure the Council should pursue in the replacement of City Manager Irving. !•- 30 7 April 1987 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 copy of which is on file in the office of the City Clerk, with the addition of a plumbers license for Hopkins Plumbing and Heating, 30 - 8th Avenue North, Hopkins, Minnesota 55343 and a license for Roland C. Danielson dba United States Bench Corporation, 3300 Snelling Avenue, Minneapolis, Minnesota 55406 to maintain 16 benches in Crystal, 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. -Mayor ATTEST: City Clerk I� 31 April 19.97 �'orsta;nt to due call and notice thereof, the Regular meeting of the Crystal City Council was held on April 21, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; William Monk, City Engineer; Donald Peterson, Building Inspector; John A. Olson, Assistant City Manager; Nancy Deno, Administrative Assistant; and 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 7, 1987. 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, 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 Craig R. Lewis for a variance of 30' in the required 40' rear yard setback and 10' in the required 30' side street side yard setback for construction of a 34' x 26' detached garage at 4801 Louisiana Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, 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 & Pamela Williams for a variance of 2' in the required 5' side yard setback to build a 10' x 25' attached garage to the existing house at 5208 Quail Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, 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 Brutger Companies, Inc. for a variance in minimum density, a variance in the required number of off-street parking spaces, a variance in the rear yard setback and a variance in prohibiting parking in the front and side yard setbacks for the proposed elderly housing at 6315 - 55th Avenue North. ti Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve the minutes of the regular Council meeting of April 7, 1987. 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 5, 1987, 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 Craig R. Lewis for a variance of 30' in the required 40' rear yard setback and 10' in the required 30' side street side yard setback for construction of a 34' x 26' detached garage at 4801 Louisiana Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, 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 & Pamela Williams for a variance of 2' in the required 5' side yard setback to build a 10' x 25' attached garage to the existing house at 5208 Quail Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, 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 Brutger Companies, Inc. for a variance in minimum density, a variance in the required number of off-street parking spaces, a variance in the rear yard setback and a variance in prohibiting parking in the front and side yard setbacks for the proposed elderly housing at 6315 - 55th Avenue North. ti 32 21 APRIL 1987 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 5, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board y of Adjustments and Appeals to consider a request from Chalet Company Limited for a variance to allow the expansion of a non -conforming building to permit a 40' x 70' addition to the existing building and to grant a variance of 14 parking spaces in the required 45 parking spaces at 3357 Vera Cruz Avenue North. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 19, 1987, as the date and time for a public hearing at which time the City Council will consider tentative approval of the proposed plat J.J.J. Estates located at 5401 West Broadway. 6. Consideration of a gambling license for Cystic Fibrosis Foundation at Nicklow's, 3516 North Lilac Drive. Moved by Councilmember Herbes 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 consider Storm Sewer Project #87-4. The Mayor asked those present to voice their opinions or to ask questions concerning this storm sewer project #87-4. Those present and heard were: Keith Shannon, Orr-Schelen-Mayeron; Ken Lindberg, 5334 Hampshire Avenue North; Frank Sprague, 5517 - 56th Avenue North; Mr. Gjerstad, 5458 Orchard Avenue North; Richard Ekstrand, 5248 Idaho Avenue North; Ray Mathieu, 5756 Nevada Avenue North; Anthony Guenther, 5568 Xenia Avenue North; Al Marfiz, 5115 - 53rd Avenue North; Ken Hanauska, 5248 Hampshire Avenue North; Steve Wilson, Brutger Companies of St. Cloud; Ernie Klinger, 6801 - 62nd Avenue North; Robert Eck, 5219 Maryland Avenue North; Dick Jorgensen, 5213 Idaho Avenue North; Bruce Johnson, 5641 Adair Avenue North; Gary Boyle, 6812 Cloverdale Avenue North; and Larry Danek, 5733 Adair Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the public hearing. Motion Carried. Moved by Councilmember Herbes to deny Storm Sewer Project #87-4. Motion failed for lack of a second. Moved by Councilmember Smothers and seconded by Councilmember Herbes to continue indefinitely the discussion of Storm Sewer Project No. 87-4 for further investigation by staff of the current condition of the existing storm sewer system. By roll call and voting aye: Langsdorf, Rygg, Smothers, Herbes; voting no: Moravec, Leppa, Aaker. Motion Carried. 1 33 21 APRIL 1987 The City Council considered a request for a street light between 5716 & 5724 Twin Lake Terrace. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a request .for a street light _between 5716 &,5724 Twin_ Lake Terrace. Motion Carried. The City Council considered a request from Paul Bridgeman of Champion Auto for a building permit for remodeling of exterior of the existing building at 6616 - 56th Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve as recommended by the Planning Commission, a request from Paul Bridgeman of Champion Auto for building permit #8146 for remodeling the exterior of existing building at 6616 - 56th Avenue North. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 5264 West Broadway from B-4 (Community Commercial) to B-3 (Auto Oriented Commercial) and a conditional use permit to allow rental service at the same property. Those present and heard were: Medard Kaisershot, attorney for Mr. Aarestad. Moved by Councilmember Smothers and seconded by Councilmember Herbes to table until the Planning Commission makes a recommendation on the request for rezoning by the property owners directly to the south. Motion Carried. The City Council considered a discussion by the Council Task Force on recycling (Langsdorf, Moravec and Leppa). Pam Han.ly, Chair of the Environmental Quality Commission also appeared and was heard. H Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to make application for grant funds from Metropolitan Council for curb -side pick up of yard waste. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Aaker; voting no: Herbes. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to make application for funding from Hennepin County and )9 Metropolitan Council for the purpose of sponsoring a contest for Crystal residents who recycle at designated recycling drop-off centers. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to obtain additional monies needed from Professional 13 Services in Department 32 of the Crystal City Budget. Motion Carried. 34 21 APRIL 1987 The City Council considered Change Order No. 5 for the Becker Park Shelter. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve Change Order No. 5 for the Becker Park Shelter, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a resolution regarding proposed multi -family housing revenue bonds. i r7 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. 87-14 A RESOLUTION RELATING TO A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED: CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Crystal, Minnesota (the Municipality), as follows: SECTION 1 Rpri i -a1 R 1.1 The Municipality is authorized by Minnesota Statutes, Chapter 462C (the Act), to issue its revenue bonds to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. 1.2 The Municipality has prepared pursuant to the Act a housing plan for the Municipality, adopted on February 5, 1985, as amended (the Housing Plan). The Act provides that, prior to issuing revenue bonds or obligations to finance a multifamily housing development described in Section 462.05 of the Act, the Municipality must adopt a program setting forth the information required by Subdivision 6 of Section 462.05 of the Act. 1.3 Brutger Companies, Inc. or a Minnesota limited partnership to be formed, in which Brutger Companies, Inc. will be the general partner (the Developer), will be the owner of the proposed development. Representatives of the Developer have advised this Council of the desire of the Developer to acquire certain land in the Municipality and construct a three-story building thereon to provide an elderly multifamily rental housing facility, consisting of approximately 80 rental housing units with underground parking facilities (the Project). The Project will be located in the Municipality on an approximately 1.7 -acre site occupying the 35 21 APRIL 1987 southwest corner of Douglas Drive and 55th Avenue North. At least twenty percent of the units in the Project will be available for rental only to individuals or families whose income is 50 percent or less of area median gross income within the meaning of Section 142(d) (1) (A) of the Internal Revenue Code of 1986 (the Code). 1.4 Representatives of the Developer have requested that the Municipality issue its revenue bonds or notes in one or more series (the Bonds) pursuant to the authority of the Act in a maximum aggregate principal amount of $3,800,000 and make the proceeds of the Bonds available to the Developer for the acquisition, construction and improvement of the Project, subject to agreement by the Developer to pay promptly the principal of, premium, if any, and interest on the Bonds. 1.5 The Municipality has caused to be prepared a program for the Project, attached hereto as Exhibit A, pursuant to the requirements of Subdivision 5 of Section 462C.05 of the Act (the Program). SECTION 2 Public Hearin 2.1 Section 462C.04, Subdivision 2 of the Act requires that prior to submission of a housing program to the Minnesota Housing Finance Agency for review this Council conduct a public hearing on the proposal to adopt the Program. Section 147(f) of the Code requires that prior to this issuance of the Bonds, this Council approve the Bonds and the Project, after conducting a public hearing thereon. A public hearing on the proposal to adopt the Program and undertake and finance the Project through the issuance of the Bonds is hereby called and shall be held on May 19, 1987, at 7:00 o'clock P.M., at the City Hall. 2.2 The City Clerk shall cause notice of the public hearing to be published in the North Hennepin Post, the official newspaper of the Municipality and a newspaper of general circulation in the Municipality, at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Crystal, Minnesota (the City), will meet at Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota, on Tuesday, May 19, 1987, at 7:00 P.M. in the City Council Chambers to hold a public hearing on a proposed program for a low and moderate income multifamily housing development (hereinafter referred to as the "Program") which is consistent with the Crystal Housing Plan. The Program is to be financed by the issuance of revenue bonds of the City pursuant to Minnesota Statutes, Chapter 462C (hereinafter referred to as the 36 21 APRIL 1987 "Act"). Under the Program, the City will issue revenue bonds in an amount up to but not in excess of $3,800,000. The previously adopted Housing Plan of the City of Crystal sets forth the housing needs of the City, the data demonstrating those needs and a plan to meet identified housing needs. The program describes a project consisting of the acquisition and construction by the developer of an elderly multifamily rental housing project consisting of a single three-story building containing approximately 80 apartment units and underground parking facilities. At least 20% of the housing development will be reserved for persons whose income is 50 percent or less of area median gross income. The project is located on an approximately 1.7 -acre site occupying the southwest corner of the intersection of Douglas Drive and 55th Avenue North within the Bass Lake Road - Becker Park Redevelopment Area. The developer and owner of the proposed project will be Brutger Companies, Inc. or a Minnesota limited partnership to be formed, in which Brutger Companies, Inc. will be the general partner. Any bonds or obligations of the City issued to finance the Program will be payable solely from the revenues of the development and shall not constitute a debt of the City. The Program describes the need for the development and the proposed method of financing and states that the Program is to be undertaken pursuant to Section 462C.05, Subdivision 4 of the Act. A copy of the previously adopted Housing Plan and the proposed Program is on file and available for inspection in the office of the City Clerk in City Hall during regular business hours. All interested persons may appear at the hearing and present their views on the Program. Interested persons may also submit written comments on the Program by submitting them to the City Clerk prior to the City Council meeting on Tuesday, May 19, 1987. Darlene George City Clerk 2.3 A copy of the previously adopted Housing Plan and the proposed Program, are hereby ordered placed on file with the City Clerk and shall be available for public inspection, following publication of the notice of public hearing, between the hours of 8:00 A.M. and 4:30 P.M., on normal business days. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Cl rk 21 APRIL 1987 EXHIBIT A CITY OF CRYSTAL, MINNESOTA 37 PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT UNDER CHAPTER 462C 1. Brutger Companies, Inc. or a Minnesota limited partnership in which Brutger Companies, Inc. is the general partner (the Developer), intends to acquire certain land in the City of Crystal, Minnesota (the City), and to construct thereon a multifamily residential rental housing project consisting of a single three-story building with underground parking (the Project). The Project will consist of approximately 80 rental housing units, together with related facilities and improvements, for rental primarily to the elderly, and is to be located in the City on an approximately 1.7 -acre site occupying the southwest corner of the intersection of Douglas Drive and 55th Avenue North within the Bass Lake Road - Becker Park Redevelopment Area. At least 20 percent of the units in the Project will be available for rental to individuals or families whose income is 50 percent or less of area median gross income within the meaning of subparagraphs (1) (A) and (2) (B) of Section 142 (d) of the Internal Revenue Code of 1986 (the Code). Total development and financing costs are presently estimated to approximate $4,300,000. In addition, for a specified period as may be required by the United State Department of Housing and Urban Development, at least 51 percent of the units in the Project will be available for rental to low and moderate income individuals or families within the meaning of Section 8 of the United States Housing Act of 1937. 2. The City's Housing Plan (the Housing Plan) serves as a basis for the City's efforts to provide a broad range of housing choices for residents of the community. The Housing Plan considers several housing problems in the City including inadequate supply of residences for low and moderate income families, overcrowding and inadequacy of existing housing stock. The Project to be financed by this Program will assist the City in addressing these housing problems by increasing the housing stock and by providing housing for persons of low or moderate income. 3. The Project will constitute a multifamily housing development within the meaning of Subdivision 5 of Section 462C.02, Minnesota Statutes, and is to be undertaken pursuant to Subdivision 4 of Section 462C.05, Minnesota Statutes. Because the Project is designed for rental primarily to elderly persons, the income limitations and conditions set forth in Subdivision 2 of Section 462C.03 and in Subdivision 2 of Section 462C.05, Minnesota Statutes, do not apply to the Project. Federal law governing the exemption l �a 21 APRIL 1987 from federal income taxation of interest on the obligations issued by the City to finance the Project (Section 142(a)(7) of the Code), however, requires that at least 20 percent of the units in the Project be occupied for the term described therein by individuals or families whose income is 50 percent or less of area median gross income, adjusted for family size). Periodic reports will be submitted to the City in order that the City may monitor the Project for consistency with the Housing Plan and this Program. The City will incur no additional costs in connection with such monitoring. 4. In order to finance the Project, the City intends to issue and sell its Multifamily Housing Revenue Bonds in the maximum aggregate principal amount of $3,800,000 in one or more series pursuant to Minnesota Statutes, Sections 462C.05 and 462C.07 and to lend the proceeds to the developer for the purposes of acquiring, constructing and equipping the Project, funding a debt service reserve fund (in an amount necessary to sell the Bonds), and to pay part of the costs of issuing the Bonds. The City expects to issue the Bonds in 1987, and to obtain an allocation of the 1987 State Ceiling in the amount of the Bonds issued. The City Council considered final approval of Anderson's Gardendale Acres located at 3443 Douglas Drive. 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. 87-15 A RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Anderson's Gardendale Acres, as submitted by Keith Anderson, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approve the plat entitled ANDERSON'S GARDENDALE ACRES, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor 21 APRIL 1987 ATTEST: City Clerk 39 The City Council considered final approval of St. James 2nd Addition located at 4615 Hampshire Avenue North. 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. 87-16 A RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for St. James 2nd Addition, as submitted by William Stanley, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled St. James 2nd Addition, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: od�� J4 -0--Z qJQ— City Clerk 61 The City Council considered bids for maintenance materials. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: l� 40 21 APRIL 1987 RESOLUTION NO. 87-17 RESOLUTION AWARDING BID FOR STREET MAINTENANCE MATERIALS WHEREAS, the City of Crystal did advertise for bids for street maintenance materials, and WHEREAS, such bids were received and publicly opened on April 15, 1987, and tabulated as follows: AT PLANT TACK OIL Koch Asphalt Co. BITUMINOUS PATCHING MIXTURE (Sand) (5.0% Oil) Bury & Carlson, Inc. $16.25/ton C. S. McCrossan, Inc. 16.75 Midwest Asphalt Corp. 19.05 BITUMINOUS PATCHING MIXTURE (Sand) (5.5% Oil) Bury & Carlson, Inc. $16.85/ton C. S. McCrossan, Inc. 17.35 Midwest Asphalt Corp. 19.60 AT PLANT BITUMINOUS PATCHING MIXTURE (3/8") (5.0% Oil) Bury & Carlson, Inc. $16.25/ton C. S. McCrossan, Inc. (1/4") 16.75 Commercial Asphalt Co. (1/2") 17.30 Midwest Asphalt Corp. 19.05 BITUMINOUS PATCHING MIXTURE (3/4") (5.0% Oil) C. S. McCrossan, Inc. $15.75/ton Bury & Carlson, Inc. 16.25 Commercial Asphalt Co. 16.80 Midwest Asphalt Corp. 19.05 BITUMINOUS PATCHING MIXTURE (Winter Mix) C. S. McCrossan, Inc. Midwest Asphalt Corp. SAND Barton Sand & Gravel Co. J. L. Shiely Co. CLASS 5 GRAVEL Barton Sand & Gravel Co. J. L. Shiely Co. Bury & Carlson, Inc. C. S. McCrossan $35.00/ton 39.50 AT PIT $2.25/ton 2.50 $2.75/ton 2.85 2.90 3.10 nVT TArLDLr) $1.25/Gal. DELIVERED DELIVERED $4.50/ton 5.00 $5.00/ton 5.35 41 21 APRIL 1987 GRANULAR MATERIALS Barton Sand & Gravel Co. $1.50/ton J. L. Shiely Co. 1.65 Bury & Carlson, Inc. 1.65 AND WHEREAS, it is the City Engineer's recommendation that all bituminous patching mixtures be purchased from the same company, and WHEREAS, Bury & Carlson, Inc. was the apparent low bidder on all bituminous patching mixtures with the exception of Bituminous Patching Mixture (3/4")(5.0% Oil), and WHEREAS, Koch Asphalt Co. is the apparent low bidder for Tack Oil; Barton Sand & Gravel Co. is the apparent low bidder for Sand, Class 5 Gravel and Granular Materials; C. S. McCrossan is apparent low bidder for Bituminous Patching Mixture (Winter Mix), NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for Tack Oil at $1.25/Gal. delivered to Koch Asphalt Co.; Bituminous Patching Mixture (Sand) (5.0% Oil) at $16.25/ton at plant, Bituminous Patching Mixture (Sand) (5.5% Oil) at $16.85/ton at plant, Bituminous Patching Mixture (3/8") (5.0% Oil) at $16.25/ton at plant, and Bituminous Patching Mixture (3/4") (5.0% Oil) at $16.25/ton at plant, be awarded to Bury & Carlson, Inc.; Bituminous Patching Mixture (Winter Mix) at $35.00/ton at plant be awarded to C. S. McCrossan; Sand at $2.25/ton at pit, $4.50/ton delivered, Class 5 Gravel at $2.75/ton at pit, $5.00 delivered, and Granular Materials at $1.50/ton at pit be awarded to Barton Sand & Gravel Co., AND BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contracts. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution de clz d_adopted. lr i Mayor ATTEST: City Clerk ef The City Council discussed the Civil Service Handbook. Those present and heard were Arthur Cunningham, Chair of the Civil Service Commission; Cyril Soukup, Civil Service Commissioner; and Kathy Seal, Intern from University of Minnesota, who helped the Civil Service Commission put the handbook together. Items of concern by the City Council were: the City Council being left out of the Operating Procedures and other portions of the document, Article V 1 Lg Ir 42 21 APRIL 1987 General Provisions, Employee Handbook, Civil Service Coordinator Don Andersen's position with the Commission, Civil Service testing standards, City Manager/Appointing Authority being consistent throughout the document, Special Duty and Jury Duty, who falls under the Civil Service rules, amendments to the By-laws being approved by the City Council, what does "immediate family" mean?. Attorney Dave Kennedy reminded the Council that many of the changes in policy created in the Civil Service Handbook would result in changes being made to the City Ordinances. By consensus the City Council asked Mr. Kennedy to prepare a list of those changes for their information. The Civil Service Commission will consider the concerns of the Council and return with a second draft of the Civil Service Handbook. r) The City Council considered methods of conducting the search for a City Manager. The Mayor called a Special Meeting for Tuesday, April 28, 1987 at 7:30 P.M. in the Council Chambers of City Hall, to begin discussion of the search for a City Manager. 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 copy 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 Smothers to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk [1 [l 43 28 APRIL 1987 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 28, 1987, at 7:30 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The roll call was called and the following were present: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; Absent- Smothers. Staff members present were: John T. Irving, City Manager. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Leppa and seconded by Councilmember Rygg to delete the programming of this meeting on live television and to record it on tape only. Motion Carried. The City Council discussed procedures to be enacted in the search for a City Manager to replace the present City Manager who is retiring, effective June 30, 1987. After some discussion regarding the alternatives submitted by the City Manager, the City Council acted as follows: Moved by Councilmember Leppa and seconded by Councilmember Herbes to appoint a committee that will review candidates' applications and interview those they deem necessary in order to submit five candidates to the City Council for final decision. Motion Carried. The City Council discussed the make-up of that committee and received suggestions from Councilmember Moravec, Councilmember Rygg, Councilmember Leppa, Councilmember Herbes and the Mayor. After considerable discussion the following action was taken: Moved by Councilmember Leppa and seconded by Councilmember Moravec to establish a committee consisting of two city managers, two citizens and the Mayor, with the present City Manager on the committee with no voting power. By roll call and voting aye: Moravec, Leppa, Aaker; voting no: Rygg, Herbes, Langsdorf; absent, not voting: Smothers. Motion Failed. Further discussion was held and finally, the following motion was presented: Moved by Councilmember Rygg and seconded by Councilmember Herbes that the make-up of the committee be three councilmembers, two city managers, two citizens, and the present City Manager ex -officio. 28 APRIL 1987 The following amendment was submitted: Moved by Councilmember Leppa to amend that motion to say the Mayor be appointed as a councilmember and the other two councilmembers be decided by lottery. This amendment failed for lack of a second. The main motion was acted upon and carried. Discussion was held regarding the qualifications of the citizen members at which time the following action was taken: Moved by Councilmember Rygg and seconded by Councilmember Langsdorf that the following citizen members be appointed to the City Manager Search Committee: Peter Meintsma and Gary Joselyn. After some further discussion Councilmember Langsdorf withdrew her second. With no other second being made, the motion failed for lack of a second. Further discussion was held regarding what process be used to appoint members of the Committee, after which the following action was taken: Moved by Councilmember Moravec and seconded by Councilmember Herbes that the City Manager recommend the names of four qualified city managers to the City Council so that they could name two to serve on the proposed City Manager Search Committee. Motion Carried. Discussion was held regarding reimbursement for serving on this committee and it was decided with the following action: Moved by Councilmember Leppa and seconded by Councilmember Herbes that, with the exception of City councilmembers who serve, those other members will receive $50 for a day -time meeting of short duration or an evening meeting; $100 for an all -day meeting during the work week; and $150 for meeting on a weekend. Motion Carried. Further discussion was held regarding appointments of citizen members to the Committee with the following action taken: Moved by Councilmember Herbes to appoint Fran Feyereisen and Marty Gates to the Committee as citizen representatives. This motion failed for lack of a second. After further discussion the following action was taken: 2W 28 APRIL 1987 Moved by Councilmember Langsdorf and seconded by Councilmember Leppa that John Schaaf be appointed as a citizen representative to the City Manager Search Committee. By roll call and voting aye: Langsdorf, Moravec, Rygg, Aaker, Leppa; voting no: Herbes; absent, not voting: Smothers. Motion Carried. After that motion the following motion was offered: Moved by Councilmember Moravec and seconded by Councilmember Rygg to appoint Peter Meintsma as a citizen representative on the City Manager Search Committee. Motion Carried. The following action was taken: Moved by Councilmember Herbes and seconded by Councilmember Rygg to appoint Marty Gates as an alternate citizen representative to the City Manager Search Committee. Discussion followed regarding the advisability of having alternates and the motion was withdrawn. Discussion turned to appointments from the City Council and how they were to be made. The following action was taken: Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to appoint Mayor Thomas Aaker as one of the councilmembers to the City Manager Search Committee. Motion Carried. Considerable discussion followed regarding the appointments of the other two councilmembers which resulted in the following action: Moved by Councilmember Leppa and seconded by Councilmember Moravec to choose the other councilmembers by lottery, picking one member from the three southerly councilmembers and picking one member from the three northerly councilmembers. By roll call and voting aye: Leppa, Aaker; voting no: Langsdorf, Rygg, Moravec, Herbes; absent, not voting: Smothers. Motion Failed. After further discussion the following action was taken: Moved by Councilmember Leppa and seconded by Councilmember Moravec that the Mayor appoint one councilmember from the north portion of the City and one councilmember from the south portion of the City. M 28 APRIL 1987 By roll call and voting aye: Moravec; voting no: Herbes, Langsdorf, Rygg, Leppa, Aaker; absent, not voting: Smothers. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Moravec to reconsider Councilmember Leppa's motion to appoint two city managers, two citizen members and the Mayor to the City Manager Search Committee. By roll call and voting aye: Moravec, Leppa, Aaker; voting no: Rygg, Herbes and Langsdorf; absent, not voting: Smothers. Motion Failed. Moved by Councilmember Rygg to appoint Councilmember Rygg to the City Manager Search Committee. Motion failed for lack of a second. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec that the Mayor appoint members of the Council to serve on the Committee. By roll call and voting aye: Moravec, Langsdorf; voting no: Herbes, Leppa, Aaker, Rygg; absent, not voting: Smothers. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Herbes to select by lottery from the whole City. An amendment to that motion was as follows: Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to amend that motion to select by lottery, one councilmember from north Crystal and one Councilmember from south Crystal. By roll call and voting aye: Langsdorf, Moravec, Leppa, Aaker; voting no: Herbes, Rygg; absent, not voting: Smothers. Motion Carried. By roll call and voting aye on the motion amended: Leppa, Langsdorf, Aaker; voting no: Herbes, Rygg, Moravec; absent, not voting: Smothers. Motion Failed. After further discussion the following action was taken: Moved by Councilmember Herbes and seconded by Councilmember Leppa that members from the Council be chosen by lottery from the whole City at large. 28 APRIL 1987 The following amendment was offered to that motion: Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to amend the motion to accommodate a north/south lottery. By roll call on the amendment and voting aye: Langsdorf, Moravec, Aaker; voting no: Herbes, Rygg, Leppa; absent, not voting: Smothers. Motion Failed. After further discussion the following action was taken: Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to reconsider the councilmember north/south lottery proposal. By roll call and voting aye: Langsdorf, Moravec, Leppa, Aaker; voting no: Rygg, Herbes; absent, not voting: Smothers. Motion Carried. The Mayor suggested that the City Manager prepare three match sticks to be drawn by each member from north Crystal and each member from south Crystal. Because of the absence of Councilmember Smothers, the Mayor declared he would draw for Councilmember Smothers, which was agreed upon by the consent of the other councilmembers. When the lottery was completed the members chosen by said lottery were Councilmember Smothers from the north end and Councilmember Rygg from the south end at which time, by common consent, they were appointed. The Mayor suggested, and the Council agreed, that the City Manager prepare the following items for the Council's review at the next City Council meeting: 1. City Manager job description. 2. Advertisement to be placed in National League of Cities Weekly Newspaper, Minnesota Cities Magazine, and the ICMA Newsletter. 3. List of managers' salaries in the metropolitan area. 4. Time frame for advertising and reviewing by Committee. Moved by Councilmember Leppa and seconded by Councilmember Herbes to decide on an interim procedure at the first Council meeting in June. Motion Carried. `i 28 APRIL 1987 Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn. Motion Carried. ATTEST: City Manager Mayor M 5 MAY 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 5, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; and 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 21, 1987 and the Special Council Meeting of April 28, 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of April 21, 1987, making the following correction: On page 33, the paragraph naming the Council Task Force on Recycling should read "(Langsdorf, Moravec and Leppa)" rather than "(Langsdorf, Moravec and Langsdorf)". Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the minutes of the Special Council Meeting of April 28, 1987. 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 19, 1987, 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 from Terrance R. Couilliard for a variance in lot width (lot is 58.051; requires 601) to build an 11' x 24' and 12.5' x 10' addition to the existing house and to build an 8' x 8' shed at 4401 Welcome Avenue North. 2. Consideration of donations of $100 from Kubinski & Palmer and $200 from Crystal Gallery Merchants (J.T. Mega & Associates) for the Becker Park Per- forming Arts Program. a 5 MAY 1987 Moved by Councilmember Herbes 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 consider seal coat improvement project #87-1. The Mayor asked those present to voice their opinions or to ask questions concerning seal coat improvement project #87-1. Those present and heard were: Jim Tousignant, 5225 Georgia Avenue North; Terry Tice, 6701 Cloverdale Avenue North; Gary Boyle, 6812 Cloverdale Avenue North; Frank Dye, 6050 Hampshire Avenue North. The Mayor declared the public hearing closed. 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. 87-18 RESOLUTION ORDERING IN THE CONSTRUCTION OF SEAL COAT IMPROVEMENT PROJECT #87-1 WHEREAS, it has been proposed to proceed with Sealcoat Improvement No. 87-1, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interest of the City of Crystal and the owners of property especially benefited thereby that the construction be performed and all property owners assessed, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Crystal, Minnesota, that all of the improvements be and the same are ordered constructed as set out in the Notice of Public Hearing, published in The North Hennepin Post April 23, 1987 and April 30, 1987, which hearing was held on May 5, 1987, which Notice of Public Hearing is incorporated into and made a part of this resolution as if set forth in full herein, including the respective cost estimates thereof. BE IT FURTHER RESOLVED that all properties located upon each of the abutting streets as listed in aforesaid Notice for Improvement No. 87-1, shall be hereinafter designated Sealcoat Improvement No. 87-1, and IT IS FURTHER RESOLVED that the entire cost of the above designated improvement, including the cost of engineering, interest during construction and necessary incidental expenses shall be assessed against all real property benefited by such improvement as listed above. u 51 5 MAY 1987 BE IT FURTHER RESOLVED that the City Engineer be instructed to provide the City with final detailed plans and specifications for Sealcoat Improvement No. 87-1, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Sealcoat Improvement No. 87-1. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. -- Mayor ATTEST: ,—, J44,1�� City Clqfrk 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 & Appeals to consider a request from Craig R. Lewis for a variance 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. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Those present and heard were: Craig Lewis. The Mayor read two letters of opposition to the variance; one from Brian Lorenson of 4809 Louisiana Avenue and one from John A. Pepera of 4817 Louisiana Avenue North. The Mayor declared the public hearing closed. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant as recommended by and based on the finding 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 30' in the required 40' rear yard setback and Section 515.13, Subd. 3 a) 2) ii) to grant a variance of 10' in the required 30' side street side yard setback for construction of a 34' x 26' detached garage at 4801 Louisiana Avenue North as requested in variance application #87-21 and #87-22. Motion Carried. Iv 52 5 MAY 1987 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 variance request from James and Pamela Williams for a variance to encroach 2' in the required 5' side yard setback to build a 10' x 25' attached garage to the existing house at 5208 Quail Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Those present and heard were: Pamela Williams. The Mayor declared the public hearing closed. Moved by Councilmember Herbes and seconded by Councilmember Moravec to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 3 a) 1), to grant a variance of 2' in the required 5' side yard setback to build a 10' x 25' attached garage to the existing house at 5208 Quail Avenue North as requested in variance application #87-20. 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 variance request from the Chalet Company Limited for a variance to expand a non -conforming building (said non -conformity being the existing building encroaches 7' in the required 22' side street side yard setback) to allow the construction of a 40' x 70' addition to the existing building at 3359 Vera Cruz Avenue North and to consider a variance of 14 off-street parking spaces in the required 45 parking spaces at the same address. The Mayor asked those present to voice their opinions or to ask questions concerning the variances. Those present and heard were: Van Nutt, Chalet Company Limited; Derwin Ward, 3356 Welcome Avenue North. The Mayor read a letter received from H. W. Elfstrom in support of the variance. The Mayor declared the public hearing closed. 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 allow the expansion of a non -conforming building to permit a 40' x 70' addition to the existing building at 3359 Vera Cruz Avenue North as requested in , variance application #87-27. Motion Carried. Moved by Coiuncilmember Smothers and seconded by Councilmember Leppa to approve as recommended by and based on the findings of 53 5 MAY 1987 fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 8 t), to grant a variance of 14 parking spaces in the required 45 parking spaces at 3359 Vera Cruz Avenue North as requested in application #87-25. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Herbes to set surety in the amount of $20,000 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for Chalet Company Limited, 3359 Vera Cruz Avenue North. 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 variances as requested from Brutger Companies, Inc. for variances: (A) to allow a variance of 20 units to the allowable 59 units maximum density; (B) a variance of 44 off-street parking spaces in the required 158 parking spaces; (C) to allow a variance of 20' in the required 40' rear yard setback; (D) tc allow a variance of 20' in the required 30' setback between the property line and the parking lot as code prohibits parking in the front and side yard setback area within residential zoning designations at 6315 - 55th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variances. Those present and heard were: Steve Wilson, Brutger Companies, St. Cloud; and Gary Boyle, 6812 Cloverdale Avenue North. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15, Subd. 2 d) to allow a variance of 20 units to the allowable 59 units maximum density as requested by Brutger Companies, Inc. in variance application #87-17. By roll call_ and voting aye: Lan,�sdorf, Rygg, Moravec, Aaker, Leppa, Herbes; voting no: Smothers. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to �T Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 8 o) to allow a 5 MAY 1987 variance of 44 off-street parking spaces in the required 158 !r parking spaces as requested by Brutger Companies, Inc. in variance application #87-18. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; voting no: Smothers. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the J� strict application of Section 515.13, Subd. 4 a) to allow a variance of 20' in the required 40' rear yard setback as requested by the Brutger Companies, Inc. in variance application #87-19. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; voting no: Smothers. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 6 e) to allow a tivariance of 20' in the required 30' setback between the property line and parking lot as the code prohibits parking in the front and side yard (on corner lots) setback area within residential zoning designations at 6315 - 55th Avenue North as requested by Brutger Companies, Inc. in variance application #87-23. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa; voting no: Smothers, Herbes. Motion Carried. The City Council considered a conditional use permit for elderly housing in an R-0 District at 6315 - 55th Avenue North. i 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, conditional use permit #87-15 to permit elderly housing at 55th and Douglas Drive as requested by Brutger Companies, Inc. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; voting no: Smothers. Motion Carried. The City Council considered setting surety in the amount of ,� $43,500 as a guarantee of faithful performance of certain 55 5 MAY 1987 requirements as a condition of building permit approval for Brutger Companies, Inc. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to set surety in the amount of $43,500 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for Brutger Companies, Inc. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; voting no: Smothers. Motion Carried. The City Council considered a petition from residents in the Hampshire, Georgia and Florida Avenue area north of 54th Avenue to rezone their properties from B-4 (Community Commercial) to R-1 (Single-family Residential). I% Moved by Councilmember Moravec and seconded by Councilmember Leppa to direct the petition to the Planning Commission for the purpose of holding the appropriate public hearings. Motion Carried. The City Counc-i.I considered a request from the Gittelman Corporation to dredge a portion of Twin Lake adjacent to the Twin Lace North Condominium Complex at 4710 - 58th Avenue North. Those present and heard were Carl Anderson and Red Sochacki of the Twin Lake Condominium Association. By common consent the City Council deferred action until the 1988 Budget process, directing staff, in the meantime, to look into the costs involved in dredging and to apply for permits from the Department of Natural Resources and the Shingle Creek Water Commission for same. The City Council considered a request to modify parking restrictions on West Broadway adjacent to Steve O's, 4900 West Broadway. Mr. Mavity, Attorney for Steve Weisman, appeared and was heard. 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. 87-19 RESOLUTION REQUESTING MODIFICATION OF PARKING RES`1'RICTIONS ON COUNTY ROAD 8 WHEREAS, on-site parking problems have been experienced at 4900 West Broadway. WHEREAS, the eastern lane of West Broadway, County Road 8, in this vicinity is not used by thru traffic but acts as a transition area, 5 MAY 1987 NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby requests Hennepin County modify parking restrictions on County Road 8, West Broadway, directly adjacent to the building 1� and between the two northern driveways at 4900 West Broadway as noted on Exhibit A. Said modifications would allow parking in non -peak hours (7-9 a.m. and 4-6 p.m. on weekdays excluded). By roll call and voting aye: Rygg, Smothers, Herbes, Leppa; voting no: Langsdorf, Moravec, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk 61 The City Council considered a request from Gopher State Expositions to hold a carnival at the Crystal Gallery Shopping Center on June 10-14, 1987. Those present and heard were: Shirley Forcier and Leone Flanders for Gopher State Expositions. Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue item to the May 15 meeting to allow proponent to submit a site plan and staff to review the area. Councilmember Smothers withdrew his second to the motion. I1 Councilmember Langsdorf seconded Councilmember Moravec's motion. By roll call and voting aye: Langsdorf, Rygg, Moravec; voting no: Herbes, Leppa, Smothers, Aaker. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a carnival license application from Gopher State Expositions to hold a carnival at the Crystal Gallery Shopping Center on June 10-13, 1987. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to amend the motion to state the carnival must be removed from the premises by 12 Noon on June 14, 1987 and that they repair any damage to the parking lot. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember 1 57 5 MAY 1987 Moravec to amend the motion to state the carnival shall close down their operation at 11 P.M. on June 10, 11, 12 & 13, 1987. Motion Carried. 111 Voting on the main motion and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Motion Carried. The City Council considered an amendment to the lease at Thorson Community Center to add rental of an additional room to the Minnesota Waste Management Board. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve an amendment to the lease at Thorson Community Center to add the rental of additional room to Minnesota Waste Management Board, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered candidates for the Human Rights Award for 1987. Councilmember Moravec recommended Jack Irving, City Manager of � I Crystal, for his 30+ years of service to the citizens of Crystal. Mayor Aaker and Councilmember Leppa echoed the recommendation. Councilmember Smothers recommended J. J. Choromanski of The Bank North for his efforts in the rise of the community, both monetarily and as a humanitarian. Councilmember Langsdorf, as the liaison to the Human Relations Commission, advised that recommendations for the award need not be given at the Council table but may be forwarded to the Human Relations Commission. The City Council discussed a request of the Police Department and Frank Rondoni regarding abandoned motor vehicles. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO LITTER: INOPERATIVE VEHICLES: AMENDING CRYSTAL CODE SUBSECTION 635.01, SUBD. 1 Councilmember Herbes withdrew her motion. Moved by Councilmember Herbes and seconded by Councilmember Leppa to send the amendment to the ordinance back to the attorney for revision of license plate requirements and registration of vehicles. Motion Carried. J�- ti The City Council #49 and the City year 1987. 5 MAY 1987 considered the contract agreement between Local of Crystal for maintenance employees for the Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the City Manager's recommendation of a 3% increase, a one-time bonus in the amount of $375 to be paid on the lst pay day in December, 1987, and an increase of $10 per month in the City contribution for health and medical benefits, the 3% increase and the $10 per month increase in the City's contribution for health and medical benefits being retroactive to January 1, 1987, and that the $10 per month increase in the City's contribution for health and medical benefits also be granted to all non -organized employees, retroactive to January 1, 1987. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to table the vacation portion of the City Manager's recommendation until staff is able to come back to the Council with figures on costs to the City. By roll call and voting aye: Langsdorf, Leppa; voting no: Rygg, Moravec, Smothers, Herbes, Aaker. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember j Rygg to accept the City Manager's recommendation for the vacation schedule for Local #49 maintenance workers and non -organized employees of the City of Crystal retroactive to January 1, 1987 as follows: 1987 Local #49 1988 Local #49 0-6 years 12 days 0-6 years 12 days 6-10 years 15 days 6-10 years 17 days 11 years 16 days 11 years 18 days 12 years 17 days 12 years 19 days 13 years 18 days 13 years 20 days 14 years 19 days 14 years 21 days 15 years 20 days 15 years 22 days 16 years 21 days 16 years 23 days 17 years 22 days 17 years 24 days By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Herbes; voting no: Leppa. Motion Carried. The City Council considered information regarding the City Manager position as requested by the City Council at the Special �� Council meeting of April 28, 1987. 11 1 59 5 MAY 1987 The City Manager distributed a memo wherein he recommended four city managers of which the Council should choose two to serve on the City Manager Search Committee. The Mayor announced members who have been appointed to the City Manager Search Committee as follows: Mayor Thomas Aaker, Crystal City Council Rollie Smothers, Crystal City Council Adrian Rygg, Crystal Clty Council John Schaaf, Citizen Member Peter Meintsma, Citizen Member Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Doug Reed, Maple Grove City Manager, to the City Manager Search Committee. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Herbes to appoint Gerald Splinter, Brooklyn Center City Manager, to the City Manager Search Committee. By roll call and voting aye: Herbes, Leppa; voting no: Smothers, Langsdorf, Rygg, Moravec, Aaker. Motion failed. Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Bob Thistle, Coon Rapids City Manager, to the City Manager Search Committee. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to accept the advertisements for the League of Cities Magazine, National League of Cities Weekly and ICMA Newsletter as recommended by the City Manager. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf that salary should be made negotiable with experience and qualifications in all three advertisements. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers that July 15, 1987 be the deadline for receiving applications for the City Manager position in all three advertisements. Motion Carried. 7 (. M 5 MAY 1987 The City Council considered the proposed sales tax for the State's political subdivisions. 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. 87-20 A RESOLUTION REGARDING PROPOSED STATE SALES TAX WHEREAS, Governor Perpich has proposed that counties, cities, schools and other political subdivisions pay state sales tax on their purchases, and WHEREAS, the City of Crystal would incur an estimated $95,000 of sales tax annually, and other taxing districts would pay substantially more than that amount in sales tax each year, and WHEREAS, the City of Crystal and the other taxing districts will be required to cut services or increase future property tax levies to pay for the sales tax, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal strongly opposes the imposition of a state sales tax on the city or other taxing districts in the city. By roll call and voting aye: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes, Smothers. Motion carried, resolution declared adopted. Mayor—� ATTEST: Zttz,-Z- City Clerk Moved by Councilmember Leppa 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 copy of which is on file in the office of the City Clerk, with the addition of Avoles Plumbers and Builders, Inc., 699 Arcade St., St. Paul, MN 55106, 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 1 5 MAY 1987 Leppa to adjourn the meeting. ATTEST: a&&2rz City Clerk Mayor 61 Motion Carried. 62 19 MAY 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on May 19, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Moravec, Smothers, Aaker, Leppa; those absent were: Langsdorf, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; 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 May 5, 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of May 5, 1987. 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, June 2, 1987, 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 Mildred Becker for a variance in lot width (existing lot is 45.5') to build a 24' x 24' detached garage at 4315 Welcome Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 2, 1987, 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 Lynch for a variance in lot square footage (existing lot is 6300 sq. ft., ordinance minimum is 7500 sq. ft.) to build a 24' x 24' detached garage at 4749 Xenia Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 2, 1987, 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 Kathleen and Thomas Potter for a variance in the rear yard setback (6' variance) to build a 6' x 21' deck at 4957 Jersey Avenue North. 63 19 MAY 1987 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 2, 1987, 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 Steven Leppa for a variance in height of 16' (31' requested, 15' allowed) to build an addition to existing garage at 4816 Quail Avenue North. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 2, 1987, 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 Randall Rohde for a variance in lot square footage (existing lot is 5,128 sq. ft., ordinance minimum is 7,500 sq. ft.) to build a 24' x 22' detached garage at 3537 June Avenue North. 6. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 16, 1987, as the date and time for a public hearing at which time the City Council will consider tentative approval of Liberty Estates located at 6000 Lakeland Avenue North. 7. Consideration of donations of $100 from Olivet Baptist Church, Crystal Elk's Lodge #44, and Crystal Properties for the Performing Arts Center. 8. Consideration of a gambling license for VFW Post #494, Inc., 5222 - 56th Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Smothers 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 a resolution adopting the program in connection with the City of Crystal proposed 3.8 million dollar multi -family housing revenue bonds and authorizing submission of the program to the Minnesota Housing Finance Agency for review and approval. The Mayor asked those present to voice their opinions or to ask questions concerning the resolution. Moved by Councilmember Moravec and seconded by Councilmember Smothers to close the public hearing. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 4 19 MAY 1987 RESOLUTION NO. 87-21 RESOLUTION ADOPTING A PROGRAM, AND GIVING PRELIMINARY APPROVAL TO A DEVELOPMENT AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING SUBMISSION OF THE PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW AND APPROVAL SECTION 1 Recitals and Findings 1.1. By the provisions of Minnesota Statutes, Chapter 462C (the Act), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. 1.2. The City has developed a housing plan and, after holding a public hearing thereon after notice published at least thirty days prior thereto, has adopted the housing plan and submitted it for review to the Metropolitan Council and has received its comments. 1.3. The Act provides that the City may plan, administer and make or purchase a loan or loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 or 7 of Section 462C.05 of the Act, upon adoption of a program setting forth the information required by Subdivision 6 of Section 462C.05 of the Act, after review and comment by the Metropolitan Council and a public hearing on the program as provided by Subdivision 2 of Section 462C.04 of the Act, and upon approval by the Minnesota Housing Finance Agency (the Agency), as provided by Section 462C.01 of the Act, on the basis of the considerations stated in Subdivision 2 of Section 462C.04 of the Act. 1.4. This Council has received a proposal that the City finance a portion or all of the cost of a proposed multifamily housing development under the Act, consisting of the acquisition of land and the construction and equipping thereon of an apartment building containing approximately 80 rental housing units together with parking and other functionally related and subordinate facilities (the Development), to be located in the City on an approximately 1.7 -acre site at the southwest corner of the intersection of Douglas Drive and 55th Avenue North. The developer and owner of the Development will be Brutger Companies, Inc. or a Minnesota limited partnership of which Brutger Companies, Inc. is the general partner (the Developer). 65 19 MAY 1987 1.5. The City has caused to be prepared a program with respect to the Development and its financing (the Program). At a public hearing, duly noticed and held on May 19, 1987, in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, on the proposal to undertake the Program and finance the Development, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake the Program and finance the Development, and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. 1.6. The Developer has requested that the City issue its revenue bonds in one or more series pursuant to the authority of the Act in an aggregate principal amount not to exceed $3,800,000 (the Bonds), to finance all or a portion of the costs of the Development, and to make the proceeds of the Bonds available to the Developer for the acquisition, construction and equipping of the Development, subject to agreement by the Developer to pay promptly the principal of and interest on the Bonds. 1.7. The City has been advised by the Developer that conventional commercial financing is available to pay the capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing the Development can be constructed as designed and its operation can be made more economically feasible. 1.8. This Council has been advised by representatives of the Developer and Piper, Jaffray & Hopwood Incorporated, of Minneapolis, Minnesota, that on the basis of information available to them and their discussions with the Developer and potential purchasers of tax-exempt bonds, the Bonds could be sold at favorable rates and terms to finance the Development. 1.9. The City will neither pledge its full faith and credit nor be responsible for the payment of principal of or premium or interest on the Bonds. SECTION 2 2.1. On the basis of the information given the City to date, it appears that it would be desirable for the City to issue the Bonds under the provisions of the Act to finance the Development in the maximum aggregate principal amount of $3,800,000. 2.2. It is determined to proceed with the Development and its financing and this Council hereby declares its present M 19 MAY 1987 intent to have the City issue the Bonds under the Act to finance the Development. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or this Council to issue or to cause the issuance of the Bonds. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction. All details of such revenue bond issue and the provisions for payment thereof shall be subject to review and approval of the Program by the Agency and may be subject to review and approval of the Program by the Agency and may be subject to such further conditions as the City may specify. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 2.3. The Program is hereby approved, and in accordance with Section 462C.04, Subdivision 2 of the Act, the Mayor and City Clerk are hereby authorized and directed to cause the Program to be submitted to the Agency for review and approval. The Mayor, City Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Agency with any preliminary information needed for this purpose. 2.4. Pursuant to Subdivision 1 of Section 462C.07 of the Act, in making the loan to finance the acquisition, construction and equipment of the Project and in issuing the Bonds or other obligations of the City, the City may exercise, within its corporate limits, any of the powers the Agency may exercise under Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. 2.5. The Developer has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Program and the Development, whether or not the Development is carried to completion, whether or not the Program is approved by the Agency, and whether or not the City by resolution authorizes the issuance of the Bonds, will be paid by the Developer upon request. By roll call and voting aye: Rygg, Moravec, Smothers, Aaker, 67 19 MAY 1987 Leppa; absent, not voting: Langsdorf, Herbes. Motion carried, resolution declared adopted. 1 , Mayor ATTEST: City Clerk 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 Terrence R. Couilliard for a variance in lot width (lot is 58.05', required is 60') to build a 11' x 24' and 12.5' x 10' addition to the existing house and to build an 8' x 8' shed at 4401 Welcome Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant 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 1.95' in the required 60' lot width, to build an 11' x 24' and 12.5' x 10' addition to the existing house and to build an 8' x 8' shed at 4401 Welcome Avenue North as requested in application #87-31. 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 considered tentative approval of proposed plat J.J.J. Estates located at 5401 West Broadway (Auto Parts Pro). The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant tentative approval of proposed plat J.J.J. Estates located at 5401 West Broadway (Auto Parts Pro). Motion Carried. The City Council considered a petition regarding parking of a recreational vehicle at 3117 Utah Avenue North and at 3101 Utah Avenue North. .: 19 MAY 1987 Moved by Councilmember Rygg and seconded by Councilmember Smothers to grant a variance to the ordinance for the two recreational vehicles at the addresses as stated in the petition until such time as other complaints are received. By roll call and voting aye: Rygg, Smothers; voting no: Leppa, Moravec, Aaker; absent, not voting: Langsdorf, Herbes. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant a variance of sixty (60) days to allow staff to review the ordinance and report back to the Council. Motion Carried. The City Council considered a development proposal from Kraus -Anderson for the Anthony Shopping Center at 36th Avenue North & Highway 100. Ray Reese of Kraus -Anderson and Dick Treptow of Springsted, Incorporated appeared to present the proposal. Moved by Councilmember Moravec and seconded by Councilmember Smothers to refer the proposal to the Crystal Housing and Redevelopment Authority for their consideration. Motion Carried. The City Council considered an application for a conditional use permit to allow a drive-in and a convenience food establishment in a B-4 District at 6220 - 56th Avenue North (Checker Board Pizza). Mr. Moselle appeared representing 6220 Bass Lake Road and Mr. Dave Unmuth appeared representing Checker Board Pizza. Also appearing were Yvonne Halpaus, 5847 Elmhurst Avenue North and a member of the Crystal Planning Commission and Lois Degendorfer, 6309 Brentwood Avenue North. A petition opposing the issuance of the conditional use permit for Checker Board Pizza at 6220 - 56th Avenue North was presented by the residents living on Brentwood and Elmhurst Avenues. Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny as recommended by and based on the finding of fact of the Planning Commission, a conditional use permit #87-24 to allow a drive-in and a convenience food establishment in a B-4 District at 6220 - 56th Avenue North (Checker Board Pizza). By roll call and voting aye: Smothers, Leppa; voting no: Rygg, Moravec, Aaker; absent, not voting: Langsdorf, Herbes. Motion Failed. .• 19 MAY 1987 Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve a conditional use permit #87-24 to allow a drive-in and a convenience food establishment in a B-4 District at 6220 - 56th Avenue North (Checker Board Pizza). By roll call and voting aye: Leppa, Rygg, Moravec; voting no: Smothers, Aaker; absent, not voting: Langsdorf, Herbes. Motion Failed. The City Council considered a building permit for tenant improvements to the existing building at 6220 - 56th Avenue North (Checker Board Pizza). Based on the action on the conditional use permit no action was taken by the City Council on the building permit. The City Council considered a building permit and site improvements agreement for remodeling to the existing interior at 5337 Lakeland Avenue North. Michael Hoganson of Standard Water Control appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to set surety in the amount of $21,400 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for 5337 Lakeland Avenue North, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve as recommended by the Planning Commission, building permit #8142 for remodeling the interior of the existing building at 5337 Lakeland Avenue North subject to receipt of bond and signed agreement within 14 days. Moved by Councilmember Smothers and seconded by Councilmember Rygg to amend the motion to continue discussion of the building permit allowing staff to investigate the applicant's request for a reduction or time extension on the improvement surety. By roll call and voting no: Rygg, Moravec, Smothers, Leppa, Aaker; absent, not voting: Langsdorf, Herbes. Motion Failed. By roll call on the original motion of building permit issuance and voting aye: Rygg, Moravec, Smothers, Leppa, Aaker; absent, not voting: Langsdorf, Herbes. Motion Carried 70 19 MAY 1987 The City Council considered the application of Debra K. Guertin for appointment to the Planning Commission. Ms. Guertin was present. Moved by Councilmember Moravec and seconded by Councilmember Leppa to appoint Debra K. Guertin to the Planning Commission representing Section II, for an unexpired term expiring December 31, 1987. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 5264 West Broadway from B-4 to B-3 and a j conditional use permit for rental business in a B-3 District. ' Medard Keisershot appeared representing Mr. Aarestad, owner of 5264 West Broadway. Moved by Councilmember Smothers and seconded by Councilmember Rygg to continue the discussion of the First Reading of an ordinance rezoning property at 5264 West Broadway pending submission of an expanded site plan. By roll call and voting aye: Rygg, Smothers; voting no: Leppa, Moravec, Aaker; absent, not voting: Langsdorf, Herbes. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Moravec to deny the First Reading of an ordinance rezoning property at 5264 West Broadway. By roll call and voting aye: Moravec, Leppa, Aaker; voting no: Rygg, Smothers; absent, not voting: Langsdorf, Herbes. Motion Carried. Because of action taken on said rezoning no action was taken on a request for a conditional use permit. The City Council considered a request from Clemons Steichen to rezone property at 5256 West Broadway from B-4 to B-3. Clemons Steichen appeared and withdrew his request. 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 request to rezone property at 5256 West Broadway from B-4 to B-3. By roll call and voting aye: Moravec, Leppa, Aaker; voting no: Rygg; absent, not voting: Smothers, Langsdorf, Herbes. Motion Carried. The City Council considered a resolution regarding Workers' Compensation for City Councilmembers. 11 71 19 MAY 1987 Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 87-22 RESOLUTION RELATING TO WORKERS' COMPENSATION FOR COUNCILMEMBERS WHEREAS, Minnesota Statutes, Section 176.011, Subdivision 9 (5) enables elected officials of cities to be covered by the Workers' Compensation Act; and WHEREAS, the City Council's intent is that its members be included as employees; NOW, THEREFORE, BE IT RESOLVED that the Council restates and reaffirms its intention that City Council members of the City of Crystal be covered by the Minnesota Workers' Compensation Act. By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Aaker; absent, not voting: Langsdorf, Herbe Motion Carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered awarding bids for project #87-3, curb and gutter on Yates Avenue between 56th & 57th Avenues North. 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. 87-23 RESOLUTION AWARDING A CONTRACT FOR CURB AND GUTTER PROJECT NO. 87-3 WHEREAS, the City of Crystal did advertise for bids for Project #87-3, curb and gutter on Yates Avenue between 56th and 57th Avenues North, and WHEREAS, such bids were received and publicly opened on May 13, 1987, and tabulated as follows: 72 19 MAY 1987 Halvorson Construction $16,021.00 Thomas & Sons Construction 21,273.00 Alexander Construction 24,002.00 Independent Curb Contractors 26,130.00 Gunderson Brothers 32,070.60 AND WHEREAS, Halvorson Construction is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for Project No. 87-3, curb and gutter on Yates Avenue between 56th & 57th Avenues North to Halvorson Construction for the amounts shown above, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Aaker; absent, not voting: Langsdorf, Herbes. Motion Carried, resolution declared adopted. Mayor ATTEST: jz, ze City Clerk The City Council discussed the distribution process of the City of Crystal newsletter as requested by Councilmember Herbes. Staff will look into alternatives for distribution of the Newsletter to the residents of Crystal. The City Council considered the sale of miscellaneous used equipment. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the sale of miscellaneous used equipment as recommended by the City Engineer as follows: - 1952 Pulverizer to Asphalt Paving for $1,310 - 1971 Leaf Loader to Minnetonka Beach for $2,185 - 1974 International Model 1800 Dump Truck not be sold at the lower two bids but instead be retained and entered in the Hennepin County auction in October. Motion Carried. 1 73 19 MAY 1987 Moved by Councilmember Rygg 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 copy of which is on file in the office of the City Clerk, with the deletion of Complete Stump Removal, 8521 Edison Street N.E., Blaine, MN 55434, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. The City Council directed staff to investigate the fee schedules of other cities for dispatching police personnel on false alarms and lock -outs of automobiles. The Mayor read a letter received from the Postal Department indicating that, starting on or about October 1, 1991, planning indicates a new postal facility for the Crystal area. The Mayor read a list of the appointees to the Crystal Charter Commission as submitted by Chief Judge Robert A. Forsythe, Hennepin County Courts. The City Council considered a resolution regarding the renaming of Becker Park as presented by Councilmember Moravec. 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. 87-24 RESOLUTION RENAMING BECKER PARK WHEREAS, Peter E. Meintsma has been a long time resident of the City of Crystal, and WHEREAS, Peter Meintsma has contributed countless time and energy to the City of Crystal including ten years as the Mayor of the City, and WHEREAS, as Mayor Peter Meintsma provided courageous leadership in dealing with a host of difficult issues facing the City, and WHEREAS, under his leading role the City debated and approved the new Crystal Gallery Shopping Center and the redevelopment of the Becker Park area, and WHEREAS, Peter Meintsma was at the forefront fighting for the redevelopment project for the betterment of the entire City of Crystal, often times under adverse conditions, and 74 19 MAY 1987 WHEREAS, Peter Meirtsma's dedicated spirit has benefited the City in invaluable ways, NOW, THEREFORE, BE IT RESOLVED, that the City of Crystal hereby renames Becker Park, the Peter E. Meintsma Park in honor of the person who has devoted so much of himself to the betterment of the City and that appropriate signage and/or plaques be installed, AND BE IT FURTHER RESOLVED that funds for expenses be taken from the Permanent Improvement Revolving (PIR) Fund, Part "B". By roll call and voting aye: Leppa, Rygg, Moravec, Aaker; voting no: Smothers; absent, not voting: Langsdorf, Herbes. Motion Carried, resolution declared ad pted. Mayor ATTEST: City Clerk The City Manager informed the City Council of the Annual Meeting of the Association of Metropolitan Municipalities to be held on May 28, 1987. The City Council considered a request from the Marauder Aquatic Club for rental of the Crystal Municipal Pool. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the contract with the Marauder Aquatic Club and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adjourn the meeting. ATTEST: City Clerk Motion Carried. i Mayor �1 0 75 2 JUNE 1987 BOARD OF EQUALIZATION Pursuant to due call and notice thereof, the City of Crystal Council convened as a Board of Equalization on June 2, 1987, 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: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; Kenneth Bjorn, City Assessor; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Tom May, Assistant Hennepin County Assessor, appeared to discuss the 1987 assessment rolls and answer questions from those present. Those present and making appeals were: Donald Sexter, 2937 Idaho Avenue North, P.I.D. #20-118-21-43-0059 Melvin Ree, 5010 - 48th Avenue North, P.I.D. #09-118-21-41-0054 Warren Reed, 5508 Orchard Avenue North, P.I.D. #04-118-21-44-0006 An appeal was made by a telephone call to the City Assessor by Ron Atkins, 3317 Douglas Drive, P.I.D. #20-118-21-14-0040. Moved by Councilmember Smothers and seconded by Councilmember Herbes to affirm the assessment rolls as presented by the City Assessor. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adjourn the meeting of the Board of Equalization. Mo ion :arried. Mayor ATTEST: i City Clerk If 76 2 JUNE 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 2, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; Darlene George, City Clerk. The City Council considered the minutes of the regular City Council meeting of May 19, 1987. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of May 19, 1987. 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 & Appeals to consider a request from Mildred Becker for a variance in lot width (existing lot is 45.5'; required is 60') to build a 24' x 28' detached garage at 4315 Welcome Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Leppa and seconded by Councilmember Smothers to grant the authorization pursuant to Section 515.15, Subd. 2 a) 1) to grant a variance of 14.5' in the required 60' lot width, to build a 24' x 28' detached garage at 4315 Welcome Avenue North as requested in application #87-28. 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 & Appeals to consider a request from Robert Lynch for a variance in lot square footage (existing lot is 6300 sq. ft.; ordinance minimum is 7500 sq. ft.) to build a 24' x 24' detached garage at 4749 Xenia Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant the authorization pursuant to Section 515.15, 77 2 JUNE 1987 Subd. 2 c) 3i) to grant a variance of 1,200 sq. ft. in the required 7,500 sq. ft. lot area to build a 24' x 24' detached garage at 4749 Xenia Avenue North as requested in application #87-33. 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 & Appeals to consider a request from Kathleen and Thomas Potter for a variance of 6' in the required 40' rear yard setback to allow the } construction of a 6' x 21' deck on the existing house at 4957 Jersey Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Rygg and seconded by Councilmember Herbes to grant as recommended by the Planning Commission, the authorization pursuant to Section 515.13, Subd. 4 a) to grant a variance of 6' in the required 40' rear yard setback to allow the construction of a 6' x 21' deck at 4957 Jersey Avenue North as requested in application #87-30. 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 & Appeals to consider a request from Steven Leppa for a variance in height of 16' (31' request; 15' allowed) to build an addition to the existing garage at 4816 Quail Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Those present and heard were: Gary Kamp, 4824 Quail Avenue North Arnold Pilon, 4836 Quail Avenue North Elmer Carlson, 5054 Quail Avenue North Moved by Councilmember Smothers and seconded by Councilmember Herbes to deny the authorization pursuant to Section 515.07, Subd. 5 b) to grant a variance of 16' which will exceed the 15' maximum height allowed for construction of a 2 -story, 31' high addition to the garage at 4816 Quail Avenue North as requested in application #87-32 due to excessive height. 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 & Appeals to consider a request from Randall Rohde for a variance in lot square f 2 JUNE 1987 footage (existing lot is 5,128 sq. ft.; ordinance minimum is 7,500 sq. ft.) to build a 24' x 22' detached garage at 3537 June Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Randall Rohde appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Herbes to grant the authorization pursuant to Section 515.15, Subd. 2 c) 3i) to grant a variance of 2,372 sq. ft. in the required 7,500 sq. ft. lot area to allow the construction of a 24' x 22' detached garage at 3537 June Avenue North as requested in application #87-39. Motion Carried. The City Council considered a petition for a 4 -way stop sign at 47th Avenue and Hampshire Avenue North. Margaret Jones, 6409 - 47th Avenue North appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve stop sign installation on Hampshire Avenue North at 47th Avenue North. Motion Carried. The City Council considered the Civil Service Handbook as presented by the Civil Service Commission. Arthur Cunningham, Chair of the Civil Service Commission, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to table item until the June 16, 1987 meeting. Motion Carried. The City Council considered the First Reading of an ordinance changing the name of Becker Park. Those present and heard were: Garry Grimes, 7125 - 59th Avenue North Mr. Adams, address unknown Liz Reid, 5417 Vera Cruz Avenue North Mr. & Mrs. Ray Mathieu, 5756 Nevada Avenue North Mark Hoffman, 3307 Zane Avenue North Elmer Carlson, 5054 Quail Avenue North Marty Gates, 5108 - 48th Avenue North Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO PARKS: CHANGING THE NAME OF BECKER PARK 79 2 JUNE 1987 and further, that the second and final reading be held on June 16, 1987. By roll call and voting aye: Langsdorf, Moravec, Leppa, Aaker; voting no: Rygg, Smothers, Herbes. Motion Carried. The Mayor called a recess at 9:10 P.M. The City Council considered an update report on the Bass Lake Road Storm Sewer Relief Project #87-4. Warren Reed, 5508 Orchard Avenue North and Kenneth Lindberg, 5334 Hampshire Avenue North appeared and were heard. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the updated report. Councilmember Rygg restated his motion to include calling a public hearing. Councilmember Smothers withdrew his second. The motion was then seconded by Councilmember Leppa. Councilmember Leppa rescinded his second to the motion. Motion failed for lack of a second. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the City Engineer's update report. Motion Carried. The City Council considered releasing surety in the amount of $1,000 for The Crystal Apartments, 5755 West Broadway. Moved by Councilmember Smothers and seconded by Councilmember Leppa to accept the work required as a condition of building permit approval for The Crystal Apartments, 5755 West Broadway, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $1,000 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Council considered releasing surety in the amount of $5,000 required as a condition of building permit issuance to remodel an office building at 3333 Vera Cruz Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to accept the work required as a condition of building permit approval for an office building at 3333 Vera Cruz Avenue North, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount 80 2 JUNE 1987 of $5,000 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Council considered Change Order #5A for the park shelter building project. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve as recommended by the City Engineer, Change Order #5A for the Park Shelter Building. Motion Carried. The City Council considered Change Order #2 for the park improvement project. Mrs. Mathieu, 5756 Nevada Avenue North appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve as recommended by the CIty Engineer, Change Order #2 for the park improvement project. Motion Carried. The City Council considered a gambling license for the Crystal Jaycees, 4816 Regent Avenue North, for Bingo only at Becker j� Park for the Crystal Frolics on July 24, 25 and 26, 1987. By common consent of the City Council the license was approved. The City Council considered a pay equity plan for City employees. Moved by Councilmember Herbes and seconded by Councilmember Leppa to continue the item to the June 16, 1987 City Council meeting. Motion Carried. The City Council considered closing out programs in Part "B" of the PIR Fund. 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. 87-25 RESOLUTION RELATING TO THE PERMANENT IMPROVEMENT REVOLVING FUND: CLOSING CERTAIN ACCOUNTS BE IT RESOLVED by the City of Crystal, Hennepin County, Minnesota, as follows: M. 2 JUNE 1987 1. This Council has by Resolution 77-78 established the Permanent Improvement Revolving Fund (PIR Fund). 2. This Council has from time to time authorized transfers and loans to other City funds of monies in the Permanent Improvement Account in the PIR Fund. 3. It is determined that it is necessary and desirable for the sound management of the PIR Fund that all accounts of loans and transfers that, because of repayment or other reimbursement, are inactive be closed. 4. All present accounts in the Permanent Improvement Account of the PIR Fund are declared closed except the following: Program Item Res. # or Date 448 Thorson Air Conditioning 82-12 469 Advance Refunding Bonds 86-28 466 35th - 36th Storm Sewer 85-111 456 Blacktop Evaluation 84-28 5. All monies now in the Permanent Improvement Account shall remain in that account for use in accordance with Resolution 77-78. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. ATTEST: Motion Carried, res ution �de(ca(eAadopted. Mayor City Clerk The City Council considered bids for a new copy machine. 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. 87-26 RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for a new copy machine, and 2 JUNE 1987 WHEREAS, such bids were received and publicly opened on May 28, 1987, and WHEREAS, of the eight (8) bids received only two (2) met the specifications and those two are tabulated as follows: BIDDER COPY MACHINE PRICE Xerox International Office Xerox 1065 $22,645.00 Systems Canon NP -8570 $16,505.00 AND, WHEREAS, International Office Systems is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a new copy machine, to International Office Systems, in the amount of $16,505.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Mayor ATTEST: L:,Zt,tZ J"-� City Clerk The City Council considered a request for additional air conditioning in the Police Department dispatch area. 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. 87-27 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has WIN 2 JUNE 1987 determined that it is in the best interests of the City to purchase equipment and make certain improvements, as presented in a memo dated May 28, 1987, Re: "Request for the allocation of funds for the purchase of an air conditioning unit for the Communications Center", which memo is made a part hereof; 4, AND WHEREAS, it has been determined that it is in the best interests of the City to purchase an air conditioning unit for the Communications Center, and WHEREAS, the cost of such equipment and improvements is estimated to be $5,000.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $5,000.00 for equipment and improvements as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, re olution decl adopted. ZZ Mayor ATTEST: City Clerk 01 The City Council considered a request from North Memorial Hospital to land North Air Care helicopter at Bassett Creek Park on June 27, 1987 from 11 A.M. to 5 P.M., for their annual picnic. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to permit the North Air Care helicopter to land at Bassett Creek Park on June 27, 1987 from 11 A.M. to 5 P.M., for their annual picnic. Motion Carried. The City Council considered an interim procedure to follow upon the retirement of the present City Manager and until a new City Manager is hired. Moved by Councilmember Moravec and seconded by Councilmember Rygg that the Assistant City Manager be the Acting City Manager in the interim. Motion Carried. M 2 JUNE 1987 Moved by Councilmember Herbes Leppa to approve the list submitted by the City Clerk preliminary agenda, a copy of of the City Clerk, and further, into and made a part of this full herein. and seconded by Councilmember of license applications, as to the City Council in the which is on file in the office that such list be incorporated motion as though set forth in Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Meeting adjourned at 10:17 P.M. ATTEST: City Clerk Mayor Motion Carried. Im 10 JUNE 1987 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 10, 1987, at 7:30 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Smothers, Aaker, Herbes. Also present were the following staff members: John T. Irving, City Manager and John A. Olson, Assistant City Manager. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council discussed Park and Recreation Advisory Commission issues. Those Park and Recreation Advisory Commission members who were present and heard were: Garry Grimes Liz Reid Elmer Carlson Stuart Stockhaus Mark Hoffman Walter Sochacki Roberta Veech Janell Saunders Also present and heard was Gary Gundlach. The City Manager asked if the City Council wished to discuss the selling of logo pins by the Crystal Frolics queen candidates. Moved by Councilmember Smothers and seconded by Councilmember Herbes to discuss queen candidates selling logo pins. By roll call and voting aye: Rygg, Smothers, Herbes; voting no: Aaker. Motion failed for lack of a unanimous vote. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. i The meeting was adjourned at 8:57 P. Mayor ATT4si ntt City Manager M-10 16 JUNE 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on June 16, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John A. Olson, Assistant City Manager; William Monk, City Engineer; 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 June 2, 1987, The Board of Equalization meeting of June 2, 1987 and the Special Council meeting of June 10, 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting and the Board of Equalization meeting of June 2, 1987 and Special Council meeting of June 10, 1987. 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, July 7, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Charles H. Hubbell for a variance of 5' in the required 40' rear yard setback to allow the construction of a 28' x 40' house and a variance of 15' in the required 40' rear yard setback for the construction of a 12' x 16' deck at 4707 Perry Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 7, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Harry F. Johnson for a variance of 14' in the required 40' rear yard setback to allow the construction of a 12' x 24' addition to the existing house at 4701 Georgia Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, July 7, 1987, as the date and time for a public hearing at which time the City Council will sit 16 JUNE 1987 as a Board of Adjustments & Appeals to consider a request from James Wodziak for a variance to expand a non -conforming building (said non -conformity being existing building encroaches 19.8' in the required 22' side street side yard setback), a variance of 10 off-street parking spaces in the required 98 parking spaces, and a variance of 6' in the required 22' side street side yard setback to build a 17'6" x 40'3" addition to the existing building at 5607 West Broadway. 4. Consideration of a gambling license for St. Raphael's Church, 7301 Bass Lake Road, for their festival on August 7, 8, & 9, 1987. 5. Recognition of a donation of $1,000 from Crystal Lions as the last of six payments on the exercise path at North Lions Park ($6,000 total). 6. Consideration of the resignation of Catherine Howard from the Human Relations Commission effective June 12, 1987. Moved by Councilmember Moravec and seconded by Councilmember Smothers 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 considered tentative approval of proposed plat Liberty Estates located at 6000 Lakeland Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the proposed plat. The Mayor declared the public hearing closed. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant as recommended by and based on the findings of fact of the Planning Commission, tentative approval of proposed plat Liberty Estates located at 6000 Lakeland Avenue North. Motion Carried. The City Council considered the application of Marilyn Kamp for appointment to the Planning Commission. Moved by Councilmember Smothers and seconded by Councilmember Leppa to appoint Marilyn Kamp to the Planning Commission for an unexpired term expiring December 31, 1988. Motion Carried. The City Council considered a building permit from Douglas 16 JUNE 1987 Williams to build a 40' x 66' aircraft storage hangar on Lot 78A, Crystal Airport. Moved by Councilmember Leppa and seconded by Councilmember Herbes to approve as recommended by the Planning Commission, building permit #8333 to Douglas Williams for construction of a 40' x 66' aircraft storage hangar on Lot 78A, Crystal Airport, subject to standard procedure. Motion Carried. The City Council considered the First Reading of an ordinance rezoning Lots 1 and 2 of Anderson's Gardendale Acres from R-1 to B-2 and P-2 and Lot 1 of Douglas Medical Plaza from R-4 to B-2 (Broadway Suburban Clinic). Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on July 7, 1987. Motion Carried. The City Council considered a site plan and setting surety in the amount of $21,000 as a guarantee of faithful performance of certain requirements as a condition of building permit approval iE for a parking lot at Medical Clinic located at 3501 Douglas Drive. Moved by Councilmember Leppa and seconded by Councilmember Rygg to set surety in the amount of $21,000 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for a parking lot at Medical Clinic located at 3501 Douglas Drive, and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered the First Reading of an ordinance rezoning lots on Hampshire, Georgia, and Florida Avenues North, north of 54th Avenue from B-4 (Community Commercial) to R-1 (Single-family Residential). Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87- �J 16 JUNE 1987 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on July 7, 1987. Motion Carried. The City Council considered a request from Crystal Lion's Club, 5707 Rhode Island Avenue North, to operate a 3.2 special beer stand and waiver of fee at Becker Park on July 4, 1987. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to approve a request from Crystal Lion's Club, 5707 Rhode Island Avenue North, to operate a 3.2 special beer stand and waiver of fee at Becker Park on July 4, 1987. Motion Carried. The City Council considered a request for solicitor's license from Minnesota Public Interest Research Group (MPIRG). Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve a solicitor's license from Minnesota Public Interest Research Group from June 1 through June 30, 1987. Motion Carried. The City Council considered bids for sidewalk and curb and gutter for the reconstruction project #87-5. 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. 87-28 RESOLUTION AWARDING A CONTRACT FOR SIDEWALK AND CURB AND GUTTER FOR THE RECONSTRUCTION PROJECT #87-5 WHEREAS, the City of Crystal did advertise for bids for project #87-5, sidewalk and curb and gutter reconstruction project #87-5, and WHEREAS, such bids were received and publicly opened on June 10, 1987, and tabulated as follows: Halvorson Construction Co. $13,384.00 Gibbs Concrete Construction 14,731.00 Lindahl and Carlson, Inc. 15,134.00 Gunderson Brothers Cement 19,992.00 Northern N 31,370.00 16 JUNE 1987 AND WHEREAS, Halvorson Construction Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for Project No. 87-5, sidewalk and curb and gutter ! reconstruction to Halvorson Construction for the amounts shown on the previous page, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Li Mayor ATTEST: City Clerk 64 The City Council considered the Civil Service Handbook. The Mayor called a Special Council meeting on July 28, 1987 to discuss the Civil Service Handbook. The City Council considered the Second Reading of an ordinance renaming Becker Park to Peter E. Meintsma Park. The Mayor read a letter from Peter E. Meintsma wherein he asked the City Council to withdraw the proposed City Ordinance renaming Becker Park. Moved by Councilmember Leppa and seconded by Councilmember Smothers to table the ordinance indefinitely. Motion Carried. The City Council considered the 1987 portion of the Park and Recreation 5 -year plan. Garry Grimes of the Park and Recreation Advisory Commission appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Moravec to approve improvements to Yunkers Park, 8617 - 31st Avenue North and to the exercise area of North Lions Park, Kentucky & Lombardy Avenue North and to direct staff to review the water problems at Yunkers Park. Motion Carried. 91 16 JUNE 1987 The City Council considered the Park & Recreation Department logo. The City Council considered an amendment to the Crystal Police Relief Association bylaws as per Minnesota Statutes 423A.19. 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. 87-29 A RESOLUTION APPROVING AND RATIFYING AN AMENDMENT TO THE BYLAWS OF THE CRYSTAL POLICE RELIEF ASSOCIATION BE IT RESOLVED by the City Council of the City of Crystal, Minnesota as follows: 1. The 1987 Minnesota Legislature has amended Minnesota Statutes Section 423A.19 to provide a program of reduced vesting of pension benefits for members of the Crystal Police Relief Association. 2. The Association has requested this Council to approve an amendment to the Association bylaws to incorporate the provisions of the new law in the manner provided in Minnesota Statutes Section 69.77, Subsection 2i. 3. The Council determines that the amendment to the bylaws is in the best interests of the City. 4. The amendment to the bylaws now on file with the Clerk is ratified and approved. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered a resolution authorizing a construction agreement with Hennepin County for the trunk Highway 169 & County Road 10 intersection project. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: IL O 16 JUNE 1987 RESOLUTION NO. 87-30 A RESOLUTION AUTHORIZING A CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY FOR THE TRUNK HIGHWAY 169 & COUNTY ROAD 10 INTERSECTION AND TO APPROVE APPROPRIATE FUNDING THROUGH THE CITY OF CRYSTAL PIR FUND BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that the Mayor and City Manager be authorized to enter into a Construction Cooperative Agreement with Hennepin County for the Trunk Highway 169 and County Road 10 intersection, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement, and BE IT FURTHER RESOLVED, that appropriate funds to accomplish said project be obtained through the City of Crystal Permanent Improvement Revolving Fund, Part B. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. i Mayor ATTEST: City Clerk The City Council considered temporary salary adjustment for the acting interim City Manager. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to accept the recommendation of the City Manager to set a temporary salary adjustment for John A. Olson, as the interim Acting City Manager, to $54,000 per year. Motion Carried. The City Council considered a resolution regarding authorized signature for bank, finance and other purposes. 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. 87-31 RESOLUTION REGARDING AUTHORIZED SIGNATURE 93 16 JUNE 1987 WHEREAS, John A. Olson, Assistant City Manager of the City of Crystal, has been appointed Acting City Manager for the City of Crystal effective July 1, 1987, and WHEREAS, this appointment will continue until a new City Manager is appointed by the City Council, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that John A. Olson be authorized to sign all banking, finance and other documents where the City Manager's signature is required, until such time as a new City Manager is appointed. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution, -declared adopted. Mayor ATTEST: C ' City Clerk The City Council considered a resolution honoring John T. Irving, City Manager. 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. 87-32 RESOLUTION HONORING JOHN T. IRVING, CITY MANAGER WHEREAS, John T. Irving has announced his retirement after more than 32 years of service to the City of Crystal, and WHEREAS, Mr. Irving served the City of Crystal for more than eight years before being promoted to City Manager in 1963, and WHEREAS, he is now ending a career as City Manager of more than 23 years during which time sewer and water systems were installed, a municipal swimming pool was built, a new City Hall was completed, two fire stations constructed, two maintenance buildings built, the City completed its growth in terms of residential housing and commercial and industrial development, and is now beginning redevelopment with the reshaping of downtown Crystal, and rA 16 JUNE 1987 WHEREAS, he has served on committees, boards, commissions and organizations, several as president or chairman, which have had as their goal the betterment of local government and development of programs designed to keep local government close to the people, and WHEREAS, as busy as he was during these years, he was always willing to meet with anyone who would come in unannounced and talk with them about their concerns and then either go himself or send someone to investigate the situation, and WHEREAS, such dedication to the rights of the individual and the betterment of local government earned him the respect of employees, co-workers, and local and state officials, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that to honor such a man who has devoted his life to city government, its past, present and future, a portrait of John T. Irving be placed in the City Council Chamber as a reminder and inspiration to serve the public to the best of our abilities, and BE IT FURTHER RESOLVED, that an internship in public administration be established in his name with one of the metropolitan colleges or universities to promote the same dedication and service to the future of local government. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. �.11 Mayor ATTEST: City Clerk 61 The City Council considered the pay equity plan. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt a Pay Equity Plan as proposed in a letter from the Assistant City Manager dated May 28, 1987 and as amended in a letter from the City Manager dated June 16, 1987, including the changing of the City Engineer's position to Public Works Director, changes in pay groupings, and that Arnie Bilyeu or any other individual with the same kind of talent be paid an additional $1.50 per hour when being specifically assigned to do special cabinetmaking work by the City Manager, and further, to authorize the City Manager to submit the Pay Equity Plan to the State of 16 JUNE 1987 Minnesota. 95 Motion Carried. The City Council considered a request from Shirley Forcier of Gopher State Expositions for a refund on her license to operate a carnival at Crystal Gallery parking lot on June 14, 1987 in the amount of $18.75. " Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a request from Shirley Forcier of Gopher State Expositions for a refund on her license to operate a carnival at Crystal Gallery parking lot on June 14, 1987 in the amount of $18.75. Motion Carried. The City Council discussed vehicle lockout and false alarm calls to the Crystal Police Department. By common consent the City Council directed the City Attorney to draft an ordinance regulating false alarm calls to the Police Department. The Mayor read a resolution by the Crystal Housing and Redevelopment Authority honoring John T. Irving as its Executive Director. John Schaaf, Chair of the Crystal Housing and Redevelopment Authority, appeared to seek Council direction on the Anthony Shopping Center. The City Council directed staff to prepare a narrative police C report on the Iron Horse. 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 " copy 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Meeting adjourned at 9:55 P.M. Mayor ATTEST: City Clerk 96 7 JULY 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on July 7, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager, James J. Thomson, Jr., City Attorney; William Monk, City Engineer; William Barber, Assistant Building Inspector; Nancy Deno, Administrative Assistant; 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 16, 1987. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of June 16, 1987. 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, October 6, 1987, as the date and time for a public hearing at which time the City Council will consider certification of delinquent utility bills. 2. Recognition of a donation from the Crystal Lions Club for the Performing Arts Fund in the amount of $500. 3. Recognition of a donation of $9,000 from the Crystal Lions Club for playground equipment for Soo Line Park (Angeline Avenue). 4. Consideration of declaring a vacancy for a position on the Human Relations Commission due to the moving out-of-town of Don Fish. Moved by Councilmember Smothers and seconded by Councilmember Herbes 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 3c Appeals to consider a request from Charles H. Hubbell for a variance of 5' in the required 40' rear yard setback to allow the construction of a 28' x 40' house and a variance of 15' in the required 40' rear yard setback for construction of a 12' x 16' deck at 4707 Perry Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variances. 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 0 97 7 JULY 1987 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 5' in the required 40' rear yard setback for construction of a 28' x 40' house and a variance of 15' in the required 40' rear yard setback for construction of a 12' x 16' deck at 4707 Perry Avenue North as requested in application #87-40. 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 & Appeals to consider a request from Harry F. Johnson for a variance of 14' in the required 40' rear yard setback to allow the construction of a 12' x 24' addition at 4701 Georgia Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City code to vary or modify the strict application of Section 515.13, Subdivision 4 a), to grant a variance of 14' in the required 40' rear yard setback for construction of a 12' x 24' addition to the existing house at 4701 Georgia Avenue North as requested in application #87-41. 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 & Appeals to consider a request from Stanley J. Wodziak for a variance to expand a non -conforming use (non -conformity being the existing building encroaches 19.8' in the required 22' side street sideyard setback); to consider a variance of 10 off-street parking spaces in the required 98 parking spaces; and to grant a variance of 6' in the required 22' side street sideyard setback to permit a 1716" x 4013" addition to the existing building at 5607 West Broadway (Palace Inn). The Mayor asked those present to voice their opinions or to ask questions concerning the variance. .Moved by Councilinember Smothers and seconded by Councilmember Herbes to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City code to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building to permit a 1716" x 40'3" addition to the exisiting building at 5607 West Broadway as requested in application #87-42. Motion Carried. 98 7 JULY 1987 Moved by Councilmember Rygg and seconded by Councilmember Smothers to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City code to vary or modify the strict application of Section 515.09, Subdivision 8 v), to allow a variance of 10 off-street parking spaces in the required 98 parking spaces at 5607 West Broadway as requested in application #87-43. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to grant as recommended by and based on the findings of fact of the Planning Commission the authorization pursuant to Section 515.55 of the Crystal City code to vary or modify the strict application of Section 515.13, Subd. 3) b), to grant a variance of 6' in the required 22' side street sideyard setback to permit a 1716" x 40'3" addition to the existing building at 5607 West Broadway as requested in application #87-47. Motion Carried. The City Council considered a building permit for a 1716" x 4013" addition to Palace Inn, 5607 West Broadway. ;i Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve building permit #8346 for a 1716" x 4013" addition to Palace Inn, 5607 West Broadway. Motion Carried. The City Council presented awards for the flower planting in the redevelopment project '1 along Bass Lake Road to Victory Robins 4-H Club for the youth division of the contest and to Crystal Women of Today for the Adult Division of the Contest. The City Council considered a request from the Elks Club to hold a pig roast in the parking lot at 5410 Lakeland Avenue North on July 25, 1987 and to serve beer outside; requesting a waiver of fee for the beer license. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request to hold a pig roast and extending limits, relating to the on -sale license of Elks Lodge #44, of the licensed premises to include the parking lot at the Elks Club, 5410 Lakeland Avenue North, for one day on July 25, 1987 and to waiver a fee for the beer license. Motion Carried. The City Council considered a request from Steve Weisman of Steve O's to hold a pig roast in the parking lot at 4900 West Broadway on August 22, 1987 and to allow the customers to consume drinks in the parking lot. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request to hold a pig roast and extending limits, relating to the on -sale liquor 99 7 JULY 1987 license of Steve Weisman Industries, of the licensed premises to include the parking lot at Steve O's, 4900 West Broadway, for one day on August 22, 1987. Motion Carried. The City Council considered bids for the 1987 seal coat project #87-1. 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. 87-33 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for the 1987 Seal Coat Project #87-1, and WHEREAS, such bids were received and publicly opened on June 30, 1987, and tabulated as follows: Allied Blacktop Company $ 97,719.00 Buffalo Bituminous, Inc. 101,058.00 Bituminous Roadways, Inc. 110,858.00 AND WHEREAS, Allied Blacktop Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for the 1987 Seal Coat Project #87-1 to Allied Blacktop Company in the amount of $97,719.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Herbes, Rygg, Aaker, Moravec, Smothers. Motion carried, resolution declared adopted. i Mayor ATTEST: D puty City Clerk 100 7 JULY 1987 The City Council considered bids for alley improvements located between Welcome 3c Xenia Avenues from 44th to 46th Avenues, project #87-2. 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. 87-34 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for Blacktop Alley Improvement Project #87-2, and WHEREAS, such bids were received and publicly opened on June 30, 1987, and tabulated as follows: Volk Sewer 3C Water, Inc. $30,829.25 Munn Blacktop, Inc. 31,501.50 Barber Construction Co., Inc. 389642.50 H. L. Johnson Co. 38,908.75 Alber Construction, Inc. 40,815.00 Valley Paving, Inc. 409980.00 B. K. Excavating 42,606.30 Bituminous Roadways, Inc. 44,374.25 AND WHEREAS, Volk Sewer 3c Water, Inc. is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for Blacktop Alley Improvement Project #87-2 to Volk Sewer 3C Water, Inc. in the amount of $30,829.25 and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Herbes, Rygg, Aaker, Moravec, Smothers. Motion carried, resolution declared adopted. Mayor ATTEST: ��ty—C 1* tY 101 7 JULY 1987 The City Council considered final payment to Cates Construction for the Becker Park Arts 3c Entertainment Centre. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve final payment to Cates Construction for the Becker Park Arts & Entertainment Centre contingent upon resolution of the roof leakage situation. Motion Carried. The City Council considered the Sunnybrooke Development plan as submitted by Norman Nafstad. Those present and heard on Norman Nafstad's behalf were: Bob Luems, Attorney; Greg Frank, Soil Engineer; Dick Carlson, Architect; Alan Brixius, N. W. Consultants; and Gary Nafstad. Those present and heard in opposition were: Don Slough, 3301 Brunswick Ave. N.; Gene Nessly, 5900 - 29th Place; John Farber, 3316 Yates Avenue North; Tom Johnston, 2730 Brookridge Ave. N.; Scott Jeffy, 3454 Brunswick Ave. N.; and Andy Rusinko, 3418 Brunswick Ave. N. A petition with 516 signatures was submitted by Scott Jeffy. Moved by Councilmember Leppa and seconded by Councilmember Smothers to make a negative declaration (as recommended by the City Engineer) regarding the need for an environmental impact statement regarding the Sunnybrooke site. By roll call and voting aye: Rygg, Moravec, Leppa, Herbes, Smothers, Aaker. Voting no: Langsdorf. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to defer action until next Council meeting; for staff to prepare findings of fact for consideration at next meeting to deny the project. Motion Carried. The City Council considered the Second Reading of an ordinance rezoning lots on Hampshire, Georgia, 3c Florida Avenues north of 54th Avenue from B-4 (Community Commercial) to R-1 (Single-family Residential). Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-5 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. 102 7 JULY 1987 The City Council considered the Second Reading of an ordinance rezoning Lot 1 & Lot 2 of Andersons Gardendale Acres from R-1 to B-2 and P-2 and Lot 1 of Douglas Medical Plaza from R-4 to B-2. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 87-6 AN ORDINANCE RELATING TO ZONING; CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. The City Council considered a cooperative agreement for trunk Highway 169 and County Road 10 signalization. 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. 87-35 RESOLUTION BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTAION AND THE COUNTY OF HENNEPIN AND THE CITY OF CRYSTAL TO REMOVE THE EXISTING TRAFFIC CONTROL SIGNAL AND INSTALL A NEW TRAFFIC CONTROL SIGNAL WITH STREET LIGHTS AND SIGNING ON TRUNK HIGHWAY 9169 AT COUNTY STATE 8 HIGHWAY #10 IN THE CITY OF CRYSTAL BE IT RESOLVED that the City of Crystal enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To remove the existing traffic control signal and install a new traffic control signal with street lights and signing on Trunk Highway No. 169 at County State Aid Highway No. 10 (Bass Lake Road) in accordance with the terms and conditions set forth and contained in Agreement No. 64122, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. By roll call and voting aye: Landsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Motion Carried, resolution declared adopted. 103 7 JULY 1987 Mayor ATTEST: )eputy City Clerk The City Council considered a preliminary proposal for a drug enforcement task force. Moved by Councilmember Leppa and seconded by Councilmember Herbes to authorize the staff to participate in the grant for a drug enforcement task force and to reserve appropriate funds for the project from the City of Crystal PIR Fund Part B. RESOLUTION NO. 87-36 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART B WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to enter into a drug enforcement task force and a grant as presented in a memo at the City Council meeting of July 7, 1987, Re: (preliminary proposal) drug enforcement task force, which memo is made a part hereof; AND WHEREAS, it has been determined that it is in the best interests of the City of Crystal to participate in the drug enforcement task force, and WHEREAS, the cost of such participation not to exceed $10,000.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of the City of Crystal authorizes the disbursement for the maximum amount of $10,000.00 for participation in the drug enforcement task force and improvements as noted above for the Permanent Improvement Account of the Permanent Improvement Revolving Fund Part B. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution decl.,-a4opted. Mayor 104 7 JULY 1987 ATTEST: Deputy City Clerk The City Council considered a joint County Municipal Special Waste Collection Project. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the project and designate use of the public works parking lot as the site. Motion Carried. The City Council considered rules governing the licensing of hazardous waste transporters. Councilmember Steven Leppa requested the City Council discuss the Bass Lake Road storm sewer project. Moved by Councilmember Leppa and seconded by Councilmember Moravec to hold a public hearing the first meeting in August to review said Storm Sewer Project, #87-4. By roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, Aaker; voting no: Smothers, Herbes. Motion Carried. The City Council considered the First Reading of an ordinance concerning burglar alarms �x in the Crystal Police Department. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE 87 - AN ORDINANCE RELATING TO PUBLIC SAFETY AMENDING CRYSTAL CITY CODE, CHAPTER IX BY ADDING A SECTION and further, that the second and final reading be held on July 21, 1987. Motion Carried. 105 7 JULY 1987 The City Council considered Community Development Block Grant Program Year XIII Day Care Program. 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. 87-37 A RESOLUTION APPROVING CDBG YEAR XIII DAY CARE PROGRAM WITH MINNEAPOLIS DAY CARE BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into an Agreement with Greater Minneapolis Day Care, a public service agency, for providing $10,000 from the Urban Hennepin County Community Development Block Grant to the Agency in support of the Child Care Sliding Fee Program. AND FURTHER, that the Mayor and City Manager be authorized to sign such Agreement. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Motion Carried, resolution declared adopted. Mayor ATTEST: Deputy City Clerk The City Council considered a resolution authorizing application for Metropolitan Council Tonnage Payment Program. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 106 7 JULY 1987 RESOLUTION NO. 87-38 RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL TONNAGE PAYMENT PROGRAM WHEREAS, a $4/ton rebate is available to the City of Crystal for residential recycling efforts of the past nine months through the Metropolitan Council's Tonnage Payment Program; and WHEREAS, there are two volunteer groups in Crystal, Boy Scout Troop 530 and St. Raphael's School's Athletic Association, which conduct recycling programs that qualify for this rebate along with the City's waste oil collection; and WHEREAS, the City of Crystal appreciates these voluntary recycling efforts; NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Crystal, Minnesota, that staff be authorized to apply for the Metropolitan Council tonnage payments on behalf of the volunteer groups; and BE IT FURTHER RESOLVED that the rebate monies be refunded back to Boy Scout Troop 530 and St. Raphael's School's Athletic Association for conducting the recycling programs. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Mayor ATTEST: D�puty City Clerk 1 The City Council considered the narrative report from the Police Department regarding the Iron Horse. The City Council discussed the cost of park logos for departmental vehicles. No action taken. 107 7 JULY 1987 The City Council considered a six-month lease with Waste Management Board for space at Thorson Community Center for the period 7/1/87 through 12/31/87. Moved by Councilme ber Leppa and seconded by Councilmember Smothers to adopt the following resoluti n, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 87-39 RESOLUTION RELATING TO AN AGREEMENT WITH THE WASTE MANAGEMENT BOARD BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into a sub -lease with the State of Minnesota for rental of space at the Thorson Community Center, which is amendment No. 2 to State of Minnesota Lease #8419, AND FURTHER, that the Mayor and City Manager be authorized to sign such sub -lease. By roll call and voti Motion Carried, reg ATTEST: peputy City C1 aye: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. ution declared adopted. �— Mayor rk Moved by Councilmeber Herbes and seconded by Councilmember Moravec to approve the list of license ap lications, as submitted by the City Clerk to the City Council in the preliminary agen a, a copy of which is on file in the office of the City Clerk, and further, that such lis be incorporated into and made a part of this motion as though set forth in full her in. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried 108 7 JULY 1987 Meeting adjourned at 9:50 P.M. ATTEST: ,.,'Deputy City Clerk Mayor I 109 ")I t!'," F `'';'/ Pursuant to due call and notice thereof, the Regular Of the Crystal City Council was held on July 21, 1987, at 7:00 P.M., at 4141 Douglas Drive/ Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa/ Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney (7:06 P.M.); William Monk, City Engineer; 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 July 7, 1987. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the minutes of the regular Council meeting of July 7, 1987. 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 4, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Randy Lee Asleson for a variance of 611" in the required 30' side street sideyard setback for construction of a 24' x 35' addition to the existing house at 6105 Douglas Drive. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, August 4, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Anthony Nicklow for a variance of 6.25' in the required 22' front yard setback for construction of a 14' x 30'6" deck on the existing building at 3516 Lilac Drive (Nicklow's Restaurant). 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, August 4, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from James and Patricia Zwack for a variance of 12' in the required 40' rear yard setback to build an 8' x 14' addition to the existing house at 5419 - 50th Avenue North. 110 21 JULY 1987 4. Consideration of a request from the Elks Club to sell pulltabs on August 22, 1987, between the hours of 6 P.M. until midnight at 5354 Douglas Drive (John T. Irving Fire Station) for the Crystal Firefighters' Benefit. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. The City Council considered the findings of fact for Sunnybrooke Development Project, 32nd and Brunswick Avenue North. The findings of fact were read to the Council and audience by the City Engineer. 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. 87-40 RESOLUTION REGARDING FINDINGS OF FACT FOR SUNNYBROOKE PLANNED UNIT DEVELOPMENT WHEREAS, the City Council has considered and reviewed extensive background information pertaining to the Sunnybrooke PUD including memoranda and reports prepared by the City staff, memoranda and reports prepared by the applicant and his consultants, and the minutes of the previous Planning Commission public hearings on this matter; WHEREAS, the City Council on July 7, 1987, conducted a public meeting at which the applicant and his representatives spoke and at which members of the community spoke; WHEREAS, the City Council has been fully advised as to the scope and nature of the development; NOW, THEREFORE, BE IT RESOLVED that the following findings and conclusions are adopted in connection with the application of the Sunnybrooke PUD: 1. The proposed plan is inconsistent with the City's adopted Comprehensive Plan which contemplates a mixture of low, medium, and high density residential uses for the property. 2. The proposed density of 19.1 units per acre exceeds the recommended density set forth in the Land Use section of the Comprehensive Plan and the allowable density within the property's present zoning designation of R-1, Single Family Residential, as defined in the Crystal Zoning Ordinance. 3. The traffic generated by the development will have a negative impact on traffic circulation in the area as local 111 21 JULY 1987 streets are used to access 36th Avenue, Douglas Drive and T.H. 100. Brunswick and 32nd Avenues will be significantly impacted by the addition of approximately 1,500 vehicle trips per day generated by the proposed apartment complex. 4. A need for more apartments in the area has not been demonstrated. 5. Because of the size and intensity of the development, indications suggest the proposal would have a negative impact on property values in the area especially for the residential property immediately adjacent. 6. A substantial number of residents in the surrounding neighborhood have opposed the development and have submitted a petition to the City Council. The objections of the neighbors are justified and supported by the potential adverse consequences of the development, such as increased traffic and potential diminished value of some of the homes in the area. 7. While areas of poor soils exist on the site, this fact in and of itself does not offset the negative impacts or justify the higher density proposed. 8. Given the land use and traffic issues listed above, rezoning of the site from R-1, Single Family Residential, to PUD, Planned Unit Development, and the corresponding amendment to Crystal's Comprehensive Plan are not in the best interests of the public health, safety and welfare of the City. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, r solution ec�ared adopted Mayor ATTEST: �l.4.�liice� City Cler David Kennedy, City Attorney arrived (7:06 P.M.) Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny a First Reading of an ordinance rezoning property at the Sunnybrooke site from R-1 to PUD, based on the findings set forth in Resolution No. 87-40. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to deny conditional use permit #87-37 for a site plan approval of PUD, based on findings set forth in Resolution No. 87-40. Motion Carried. 112 21 JULY 1987 Moved by Councilmember Herbes and seconded by Councilmember Moravec to deny conditional use permit #87-38 for elderly housing at the Sunnybrooke site, based on findings set forth in Resolution No. 87-40. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to table indefinitely, the establishment of a tax increment financing district regarding Sunnybrooke site to allow the use of tax increment financing to pay for such site improvements. Motion Carried. The City Council considered a developer's agreement with Brutger Companies for the construction of a senior citizen apartment building. A draft of the agreement was explained by the City Attorney. 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. 87-41 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR PRIVATE DEVELOPMENT WHEREAS, the City and the HRA have created and established the Bass Lake Road -Becker Park Redevelopment Project Area (Project Area) pursuant to the authority granted in Minnesota Statutes, Sections 273.71 to 273.77 and Chapter 462 (collectively, the Act); and WHEREAS, the HRA and the City have, pursuant to the Act, duly established a Redevelopment Tax Increment Financing District (TIF District) and adopted a tax increment financing plan (TIF Plan) to finance all or a portion of the public redevelopment costs of the Projected Area; WHEREAS, in order to achieve the objectives of the Redevelopment Plan as hereinafter defined and particularly to make land in the Project Area available for redevelopment by private enterprise for and in accordance with the uses specified in the Redevelopment Plan, the City and HRA have determined to provide substantial aid and assistance through the sale of bonds or other obligations to finance the public redevelopment costs of the Project Area; and WHEREAS, Crystal Senior Housing Limited Partnership (Developer) has proposed a development as hereinafter defined within the Project Area which the HRA has determined will promote and carry out the objectives for which redevelopment in the 113 21 JULY 1987 District has been undertaken, will assist in carrying out the Project Area and the TIF objectives of the TIF Plan, will be in the vital best interests of the City and the health, safety, morals and welfare of its residents, and is in accord with the public purposes and provisions of the applicable state and local laws and requirements under which redevelopment in the District has been undertaken and is being assisted; and WHEREAS, the City Council has been presented, for its consideration, with a proposed contract for the private development of lands within the TIF District by the Developer (Proposed Contract); and WHEREAS, the City Council has been fully informed of the terms and provisions of the Proposed Contract and approves of the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal as follows: 1. The Mayor and City Manager are hereby authorized and directed to execute, on behalf of the City, a document in substantial conformance with the Proposed Contract. 2. The Mayor and City Manager are hereby authorized to take all acts and do all things reasonably necessary to carry out the obligations of the City in accordance with such contract. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City ClerWr Ginny Thom appeared before the City Council on behalf of the Frolics Queen Candidates to request that they be allowed to sell Crystal Logo Pins during the Frolics. Moved by Councilmember Smothers and seconded by Councilmember Leppa to allow the Crystal Frolics queen candidates to sell Crystal logo pins during the Crystal Frolics at $2 each, reimbursing the City for their cost for the pins of $1.05 each. Motion Carried. The City Council considered a request from St. Raphael's Church / 114 for a permit for temporary the St. Raphael's Festival 1987 at 7301 Bass Lake Road. 21 JULY 1987 signs and a waiver of fee to advertise which will be held August 7, 8, and 9, Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a permit for temporary signs and a waiver of fee for a period of August 1 through 10, 1987 to advertise the St. Raphael's Festival which will be held August 7, 8 and 9, 1987 at 7301 Bass Lake Road. Motion Carried. The City Council considered a request from the Fire Relief Association to allow 3.2 beer stands and a waiver of fees at Becker Park, Welcome Park, and Valley Place Park on July 24, 25, and 26, 1987 for the Crystal Frolics. A representative of the Fire Relief Association appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve a request from the Crystal Fire Relief Association to allow 3.2 beer stands and waiver of fees at Becker Park, Welcome Park, and Valley Place Park on July 24, 25, and 26, 1987 for the Crystal Frolics. Motion Carried. The City Council considered a request from Crystal Lions Club to operate a 3.2 beer stand and waiver of fee at 5354 Douglas Drive (John T. Irving Fire Station) on August 22, 1987, for the Crystal Firefighters' Benefit. Moved by Councilmember Leppa and seconded by Councilmember Rygg to approve a 3.2 beer license and waiver of fee at 5354 Douglas Drive (John T. Irving Fire Station) on August 22, 1987, for the Crystal Firefighters' Benefit. Motion Carried. The City Council considered a request from Crystal Firemens' Relief Association to hold a raffle and a street dance in the parking lot of 5354 Douglas Drive (John T. Irving Fire Station) on August 22, 1987, for the Crystal Firefighters' Benefit. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve a license to hold a raffle and a street dance in the parking lot of 5354 Douglas Drive (John T. Irving Fire Station) on August 22, 1987, for the Crystal Firefighters' Benefit. Motion Carried. The City Council considered a building permit for remodeling at 4711 - 36th Avenue North. Earl Mattson appeared and was heard. 1 115 21 JULY 1987 Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve building permit #8429 for remodeling of the existing building located at 4711 - 36th Avenue North. Motion Carried. The City Council considered a contract with Minnesota Health Department regarding Environmental Health Delegation Agreement. 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. 87-42 RESOLUTION APPROVING THE ENVIRONMENTAL HEALTH DELEGATION AGREEMENT WHEREAS, the State, as set out in Laws of Minnesota, 1987, Chapter 309, Minnesota Statutes, Chapters 144, 145, 156A., 157, 326, 327 has the responsibility to inspect and regulate facilities for the purpose of preventing and abating environmental health hazards; and WHEREAS, the City has an environmental health staff which is authorized and has the capability to provide technical advice, review plans, sample, inspect and enforce the rules for the facilities as addressed in the attachment hereto; NOW, THEREFORE, BE IT RESOLVED that the City of Crystal hereby approves the Environmental Health Delegation Agreement, including Attachment I, whereby the City agrees to perform outlined environmental health services, AND BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion carried, resolutx-orj declared adopted. , Mayor ATTEST: -X-A�.& JZek!4� City Clerk The City Council considered the First Reading of an ordinance relating to recreational vehicles. 116 21 JULY 1987 Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following ordinance using Option No. 1 in the letter from City Engineer dated July 15, 1987: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO RECREATIONAL VEHICLES AND EQUIPMENT: AMENDING CRYSTAL CITY CODE, SECTION 1330 and further, that the second and final reading be held on August 4, 1987. Motion Carried. The City Council considered final approval of the plat Liberty Estates Addition located at 6000 Lakeland Avenue. 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. 87-43 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Liberty Estates Addition, as submitted by Donald C. Larson of Liberty Realty Company, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled LIBERTY ESTATES ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion c rr.ied, res,hution declared adopted. ' Mayor' ATTEST: City Clerk 117 21 JULY 1987 The City Council considered the Second Reading of an ordinance relating to burglar alarms. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-7 AN ORDINANCE RELATING TO PUBLIC SAFETY AMENDING CRYSTAL CITY CODE, CHAPTER IX BY ADDING A SECTION and further, that this be the second and final reading. Motion Carried. The City Council considered the First Reading of an ordinance changing permit fees for building permits, plumbing permits, and gas fittings. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO BUILDING, PLUMBING, AND GAS INSTALLATION; AMENDING CRYSTAL CITY CODE SUBSECTION 1015.12 and further, that the second and final reading be held on August 4, 1987. Motion Carried. The City Council considered the status of Thorson Community Center. Moved by Councilmember Smothers and seconded by Councilmember Leppa to communicate to School District #281 that the market value established by the appraisal is unacceptable to the City of Crystal. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to direct staff to prepare a report on alternative sites for the athletic field. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to grant Waste Management Board a lease extension not to include the three (3) month cancellation clause. Motion Carried. 118 21 JULY 1987 The City Council considered a request from the Long -Range Planning Commission to solicit proposals for a space -needs study for City Hall. Moved by Councilmember Moravec and seconded by Councilmember Smothers to direct City staff to solicit proposals for a space -needs study for the south side and addition to the north side of City Hall and a Community Center, and procedure by which the proposers will proceed, along with cost estimates. Motion Carried. The City Council discussed the status of Mielke Field Task Force and its suggestions to the City Council. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to direct the City Attorney and City staff to prepare legal options the City has in dealing with the parking and other problems with Mielke Field. Motion Carried. The City Council discussed license requirements for hazardous waste haulers. The City Council discussed parking restrictions requested by Adventures in Video, 6316 Bass Lake Road. A Recycling Subcommittee report was given by Councilmember Langsdorf. The City Council by common consent directed the City Attorney to investigate the impact of recent legislation on the City of Crystal charitable gambling ordinance. The City Council discussed airing Special Meeting of July 28, 1987 with the Civil Service Commission on cable television. Moved by Councilmember Smothers and seconded by Councilmember Leppa to discontinue airing of the Special City Council Meeting of July 28, 1987 on cable television. By roll call and voting aye: Langsdorf, Rygg, Smothers, Leppa, Herbes; voting no: Moravec, Aaker. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the list of license applications, as submitted by the Deputy City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the addition of a Solicitor's Permit for Clean Water Action Project, 2395 University Avenue, St. Paul, MN, 119 21 JULY 1987 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 8:46 P.M. ATTEST: 1 City Clerk Lf Mayor 120 28 JULY 1987 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 July 28, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Smothers, Aaker, Herbes. Those absent were: Moravec, Leppa. Also present were the following staff members: David Kennedy, City Attorney; John A. Olson, Acting City Manager. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council discussed the City of Crystal Handbook with the Civil Service Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to place the Civil Service Handbook on the August 4, 1987 Council agenda to consider the necessary ordinance changes for First Reading and direct the City Attorney to prepare the changes and review the Handbook with labor attorneys on staff. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. The meeting was adjourned at 9:04 P.M. Mayor ATTEST: Acting City Manager 121 4 AUGUST 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 4, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; William Monk, City Engineer; 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 July 21, 1987 and the Special City Council meeting of July 28, 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of July 21, 1987 and the Special City Council meeting of July 28, 1987. Motion Carried. The Mayor and City Council presented checks funded by the Metropolitan Council Tonnage Payment Program to Boy Scout Troop #530 in the amount of $125.44 and to St. Raphael's School in the amount of $542.92 for their recycling efforts. John Evans, Metropolitan Council member, presented a $5,000 incentive grant check to the City of Crystal for recycling. The check was received by the Mayor. 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 Randy Lee Asleson for a variance of 6'1" in the required 30' side street side yard setback for the construction of a 24' x 35' addition to the existing house at 6105 Douglas i Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. 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 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 6'1" in the required 30' side street side yard setback for the construction of a 24' x 35' addition to the existing house at 6105 Douglas Drive as requested in application #87-48. Motion Carried. 122 4 AUGUST 1987 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 Anthony Nicklow for a variance of 6.25' in the required 22' front yard setback for construction of a 14' x 30'6" deck on the existing building at 3516 Lilac Drive (Nicklow's Restaurant). The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Tony Nicklow, Nicklow's Restaurant Stewart Onsum, resident Sturgiss Banker, resident 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. 2 b) 1) to grant a variance of 6.25' in the required 22' front yard setback for construction of a 14' x 30'6" deck on the existing building at 3516 Lilac Drive as requested in application #87-49. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to direct staff to investigate parking concerns of the residents present pertaining to the Nicklow variance and take necessary measures to correct them. 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 and Patricia Zwack for a variance of 12' in the required 40' rear yard setback to build an 8' x 14' addition to the existing house at 5419 - 50th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and opposing the variance were: Ken Lindberg, 5334 Hampshire Avenue North Dan Mruz, 4944 Vera Cruz Avenue North Also present and heard was James Zwack, property owner. Moved by Councilmember Leppa and seconded by Councilmember Smothers to grant as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the 123 4 AUGUST 1987 strict application of Section 515.13, Subd. 4 a) to grant a variance of 12' in the required 40' rear yard setback for an 8' x 14' addition to the existing house at 5419 - 50th Avenue North as requested in application #87-50. 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 Storm Sewer Project #87-4. The Mayor asked those present to voice their opinions or ask questions concerning this storm sewer project. Those present and heard were: Darrell Rahn, 5001 Wilshire Boulevard Kenneth Lindberg, 5334 Hampshire Avenue North John Paulson, 320 North Edgewood, Golden Valley (owns property at 57th & Kentucky in Crystal) Frank Sprague, 5517 - 56th Avenue North Chris Elwood, 57th & Elmhurst Avenue Leroy Thompson, 6517 - 57th Avenue North Ray Mathieu, 5756 Nevada Avenue North. Moved by Councilmember Smothers and seconded by Councilmember Herbes to deny the resolution regarding the Bass Lake Road Storm Sewer Relief Project #87-4. By roll call and voting aye: Herbes, Smothers, Rygg; voting no: Langsdorf, Moravec, Aaker, Leppa. Motion Carried. A recess was called at 8:55 P.M. The City Council considered a request from Gerald Smith, 4731 Xenia Avenue North for an extension of Variance #86-10 that was issued on May 6, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve an extension of Variance #86-10 for Gerald Smith, 4731 Xenia Avenue North, to expire August 4, 1988. Motion Carried. The City Council considered site improvement surety in the amount of $83,000 for a retail center at 3640 Winnetka Avenue North. Those present and heard were: Dan Ravich, Tri-Star Development Marcia Ditch, 3140 Utah Avenue North Moved by Councilmember Smothers to deny setting surety in the amount of $83,000 for a retail center at 3640 Winnetka Avenue North. Motion failed for lack of a second. 124 4 AUGUST 1987 Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue discussion to the August 18, 1987 meeting to allow staff to further review access and grading issues. Motion Carried. The City Council considered a request for a monument sign at Olivet Baptist Church, 3415 Louisiana Avenue North. 4 Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve a request for a monument sign at Olivet Baptist Church. Motion Carried. The City Council considered the First Reading of an ordinance amending the Civil Service System and consideration of a Civil Service Handbook. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE AMENDING THE CIVIL SERVICE SYSTEM and further, that the second and final reading be held on September 1, 1987. Motion Carried. The City Council considered a development study of the 36th Avenue/Highway 100 business area. By common consent the City Council gave its support for the development study to be done by the Crystal Housing and Redevelopment Authority. The City Council considered the Second Reading of an ordinance relating to recreational vehicles. Those present and heard were: Warren Ditch, 3140 Utah Avenue North Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-8 AN ORDINANCE RELATING TO THE PARKING OF RECREATIONAL VEHICLES: AMENDING CRYSTAL CITY CODE, SECTION 1330, BY AMENDING A SUBSECTION and further, that this be the second and final reading. Motion Carried. 125 4 AUGUST 1987 The City Council considered the Second Reading of an ordinance relating to permit fees for building, plumbing, and gas installation. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87-9 AN ORDINANCE RELATING TO ADOPTION BY REFERENCE: AMENDING CRYSTAL CITY CODE SUBSECTION 100.07 and further, that this be the second and final reading. Motion Carried. The City Council considered selecting a consultant to conduct a space -needs study for City Hall and a community center. Moved by Councilmember Moravec and seconded by Councilmember Smothers that the Council review all of the ten (10) proposals that had been submitted to the Acting City Manager and direct staff to contact all consultants who submitted a proposal and ask that they appear at the August 18, 1987 City Council meeting for reviewal of these proposals. Motion Carried. The City Council considered surety release for site improvements in the amount of $42,000 for Burger King at 3526 Lilac Drive. Moved by Councilmember Leppa and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Burger King at 3526 Lilac Drive, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $42,000 be released subject to said guarantee as recommended by the City Engineer. Motion Carried. The City Council considered a resolution approving a joint cooperation agreement between Hennepin County and the City of Crystal for the Community Development Block Grant Program. 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. 87-44 RESOLUTION APPROVING A JOINT COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Crystal, Minnesota and the County of 126 4 AUGUST 1987 Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 40421, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program, and WHEREAS, the City and the County wish to terminate the Agreement and execute a new Joint Cooperation Agreement, County Contract No. 70463, to reconstitute the Urban County for purposes of the Community Development Block Grant program, NOW, THEREFORE, BE IT RESOLVED that the current Joint Cooperation Agreement between the City and the County, County Contract No. 40421, be terminated effective September 30, 1987, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 70463, be executed effective October 1, 1987, and that the Mayor and the CIty Manager be authorized to sign the Agreement on behalf of the City. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. 1 Mayor ATTEST: City Clerk The City Council considered a joint and cooperative agreement between the City of Crystal and the City of Robbinsdale for a recycleable waste collection facility. 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. 87-45 RESOLUTION APPROVING A JOINT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF ROBBINSDALE FOR A RECYCLABLE WASTE COLLECTION FACILITY WHEREAS, the City of Crystal has committed to pursue potential recycling programs to meet the requirements of the Hennepin County Solid Waste Source -Separation Plan as stated in Ordinance Thirteen; and WHEREAS, the City of Crystal has agreed to implement a recycling drop-off site in a Grant Agreement with Metropolitan Council in order to receive grant funds; and 127 4 AUGUST 1987 WHEREAS, the City of Robbinsdale is interested in sharing their existing recycling drop-off site at 4601 Toledo Avenue, Robbinsdale, Minnesota; and WHEREAS, it is in each city's best financial interest to share costs of a recycling site, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal enter into a Joint Cooperative Agreement between the City of Crystal and the City of Robbinsdale for a recycling waste collection facility, and BE IT FURTHER RESOLVED that a clause be added into the Agreement that requires each city to obtain the same amount of liability insurance which meets Minnesota Statutes. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Mayor ATTEST: City Clerk 61 The City Engineer reviewed problem spots from the July 23, 1987 storm and rioted several areas where follow-up reports would be coming back to the Council. The following residents were in attendance to further highlight the problems in the Memory Lane Pond area: Ruth and Henry Michael, 4400 Louisiana Avenue North James Murphy, 4408 Louisiana Avenue North Mary Anne Jaedike, 4401 Louisiana Avenue James Becker, 4416 Louisiana Avenue North Mr. Nasholm, 4337 Louisiana Avenue North By common consent the City Council directed the City Engineer to follow up on sanitary sewer back-up and Memory Lane Pond outlet issues. 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 in the preliminary agenda, a copy 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. 128 4 AUGUST 1987 Moved by Councilmember Leppa and seconded by Councilmember Moravec to approve the use of $3,000 to be taken from the General Fund of the 1987 Budget for travel and housing for out-of-town candidates for the position of City Manager of Crystal. Motion Carried. The City Council considered the method of financing park improvements approved at the City Council meeting of June 16, 1987. 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. 87-46 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to make certain improvements, as presented in the Crystal Park & Recreation Department Five -Year Capital Improvement Program (1987-1991) at the June 16, 1987 City Council meeting, AND WHEREAS, it has been determined that it is in the best interests of the City to make certain improvements to Yunkers Park, 8617 - 31st Avenue North and to the exercise area of North Lions Park, Kentucky & Lombardy Avenue North, and WHEREAS, the cost of such improvements is estimated to be $13,000 for Yunkers Park and $2,000 for the exercise area at North Lions Park, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $15,000 for improvements as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution decla d adopted. Mayor ATTEST: od't�� 114-17 a_?_ City Clerk 129 4 AUGUST 1987 The City Council considered the First Reading of an ordinance re- lating to lawful gambling in the City of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87 - IN THE CITY: AMENDING CRYSTAL CITY CODE, SECTION 1100: REPEALING CRYSTAL CITY CODE, SUBSECTION 1100.19, SUBDIVISION 8 Moved by Councilmember Herbes and seconded by Councilmember Leppa to continue discussion of the lawful gambling ordinance to the August 18, 1987 meeting. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. The meeting was adjourned at 11:15 P. Mayor ATTEST: Al,' City Clerk 130 18 AUGUST 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on August 18, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; William Monk, City Engineer; 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 August 4, 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the minutes of the regular City Council meeting of August 4, 1987. Motion Carried. The City Council considered site improvement surety in the amount of $83,000 for a retail center at 3640 Winnetka Avenue North. Dan Ravich of Tri-Star Development appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to set surety in the amount of $83,000 as a guarantee of faithful performance of certain requirements as a condition of building permit approval for a retail center at 3640 Winnetka Avenue North. By roll call and voting aye: Herbes, Leppa, Smothers, Rygg; voting no: Aaker, Moravec, Langsdorf. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve issuance of building permit subject to receipt of surety and signed agreement for 3640 Winnetka Avenue North. Motion Carried. The City Council considered a petition for a 3 -way stop sign at the intersection of Utah and Northern Drive. Those persons appearing and heard were: Mrs. Peter Ross, 8000 Northern Drive Patrick Cannon, 3132 Utah Avenue North 131 18 AUGUST 1987 Moved by Councilmember Langsdorf and seconded by Councilmember Moravec that a cautionary sign be placed between 32nd Avenue and Northern Drive. Motion Carried. The City Council considered the application of Judy Rice, Linda Museus and Julie Rydh for appointment to the Human Relations Commission. �r Moved by Councilmember Moravec and seconded by Councilmember Leppa to appoint Judy Rice and Linda Museus to the Human Relations Commission for unexpired terms, expiring December 31, 1987. Motion Carried. Ed Thonander and Ginny Thom appeared before the City Council to discuss the Crystal Frolics for 1988. Moved by Councilmember Leppa and seconded by Councilmember Herbes to direct staff to prepare a report of revenues and expenditures for the 1987 Frolics in conjunction with the 1987 Frolics Committee and the status of the committee as a legal entity, along with a list of the Frolics Committee membership, all of which should be submitted to the City Council for the September 1, 1987 meeting. Motion Carried. The Mayor called a 10 -minute recess at 8:20 P.M. The City Council considered proposals from consultants for space -needs as outlined by the Long -Range Planning Commission. Consultants appearing to discuss proposals were: W Bill Hennemuth, Reike Carroll Muller Associates, Incorporated Dan Moll, Armstrong Torseth Skold & Rydeen, Incorporated Wil Johnson & Steve Patrick, BWBR Architects Mark Wentzell & Suzanne Kochevar, Ellerbe, Incorporated Kurt Dale, Rick Christenson & George Klein, Anderson Dale Architects, Incorporated. Jack Boarman, Boarman & Associates Heather Beal, Dave Hall, Ed Kodet, Kodet Architectural Group, Ltd. Curt Green, Louise Fontaine, Hammell Green & Abrahamson, Incorporated William Lawrence, Greg Hollenkamp, Korsunsky Krank Erickson Architects, Incorporated Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve hiring Anderson Dale Architects, Incorporated as the consultant for the space -needs study for the City of Crystal as outlined by the Long -Range Planning Commission, their fee for such a study being $16,500. 132 18 AUGUST 1987 By roll call and voting aye: Leppa, Langsdorf, Smothers, Aaker; voting no: Herbes, Rygg, Moravec. Motion Carried. Discussion of possible interim sites for programs now located at Thorson Community Center. Ray Mathieu, 5756 Nevada Avenue North appeared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Smothers to direct staff to continue the study of Olivet Baptist Church, Elk's Lodge and Knights of Columbus Hall as possible interim sites for programs now located at Thorson Community Center. Motion Carried. The City Council considered a report from the Crystal Housing and Redevelopment Authority regarding a potential shortfall of funds for the Bass Lake Road/Becker Park Tax Increment District. Moved by Councilmember Leppa and seconded by Councilmember Moravec to table the discussion of the funds for the Bass Lake Road/Becker Park Tax Increment District until the Crystal Housing and Redevelopment Authority presents a completed report to the City . Council. Motion Carried. The City Council considered setting a public hearing to announce the City of Crystal's intent to organize refuse and recycling collections. Moved by Councilmember Leppa and seconded by Councilmember Herbes to set 7:00 P.M., or as soon thereafter as the matter may be heard, September 15, 1987, as the date and time for a public hearing at which time the City Council will consider a Cooperative Refuse Collection System for the City of Crystal. Motion Carried. The City Council considered an amended agreement for the Cooperative Recycling Program with the City of Robbinsdale. 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. 87-47 RESOLUTION ADOPTING AMENDED AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF ROBBINSDALE FOR A RECYCLABLE WASTE COLLECTION FACILITY 133 18 AUGUST 1987 WHEREAS, the City of Crystal has committed to pursue potential recycling programs to meet the requirements of the Hennepin County Solid Waste Source -Separation Plan as stated in Ordinance Thirteen; and WHEREAS, the City of Crystal has agreed to implement a recycling drop-off site in a Grant Agreement with Metropolitan Council in order to receive grant funds; and WHEREAS, the City of Robbinsdale is interested in sharing their existing recycling drop-off site at 4601 Toledo Avenue, Robbinsdale, Minnesota; and WHEREAS, it is in each cities' best financial interest to share costs of a recycling site; and WHEREAS, an amendment has been made to the agreement enabling expansion of the facility's operating hours upon agreement of both city's Management Committees; NOW, THEREFORE, BE IT RESOLVED that the City of Crystal enter into the amended Joint Cooperative Agreement between the City of Crystal and the City of Robbinsdale for a Recycling Waste Collection Facility. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried re olutio de aced adopted. Mayor ATTEST: City Clerk The City Council considered the appointment of an Alternate to the Board of Directors at Local Government Information Services (LOGIS). Moved by Councilmember Smothers and seconded by Councilmember Herbes to appoint Nancy Deno as the Alternate Member for the Board of Directors for the City of Crystal at Local Government Information Services (LOGIS), effective August 1, 1987. Motion Carried. The City Council considered a resolution regarding the sale of land for the Senior Citizens Housing Project. 134 18 AUGUST 1987 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. 87-48 RESOLUTION REGARDING SALE OF PUBLIC LAND - RELATIONSHIP TO COMPREHENSIVE PLAN WHEREAS, the City of Crystal (City) and the Housing Authority in and for the City of Crystal (HRA) have created and established the Bass Lake Road - Becker Park Redevelopment Project Area (Project Area) pursuant to lawful authority; and WHEREAS, the City and HRA have duly established a Redevelopment Tax Increment Financing District (TIF District) for the Project Area; and WHEREAS, the Project Area includes a parcel of land owned by the HRA and legally described as follows, to wit: Lot 1, Block 2, HRA 3rd Addition according to the plan thereof (Property); and WHEREAS, the Redevelopment Plan for the Project Area (Plan) provides for the development of the Property as a housing project for senior citizens; and WHEREAS, the City's Comprehensive Plan does not limit, regulate, restrict or control in any way the manner or mode of disposal of the Property by the HRA; and WHEREAS, the City and the HRA have heretofore entered into a Contract for Private Development with a developer to develop the Property in a manner consistent with the Plan; and WHEREAS, the HRA has heretofore authorized the sale of the Property to the developer pursuant to Minnesota Statutes, Section 462.525; and WHEREAS, Minnesota Statutes, Section 462.356 provides that prior to disposal of public lands either the municipal planning commission must determine that the disposal is in compliance with comprehensive municipal plan, or the City Council must determine that the disposal bears no relationship to the comprehensive plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that the disposition of the Property by the HRA is not controlled or regulated in any manner by the Comprehensive Plan and therefore has no relationship thereto. By roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, LI, [1 135 18 AUGUST 1987 Herbes, Aaker, Smothers. Motion Carried, res lution de ar adopted. Mayor ATTEST: City Clete The City Council considered a request from R. J. Spomer of Perkins Restaurant for a building permit to construct a 1018" x 4116" solarium to existing building at 5420 West Broadway. Moved by Councilmember Moravec and seconded by Councilmember Herbes to continue consideration of a building permit for Perkins Restaurant, 5420 West Broadway to the September 1, 1987 when proponent can be present. By roll call and voting aye: Langsdorf, Moravec, Smothers, Herbes, Aaker; voting no: Rygg, Leppa. Motion Carried. Councilmember Smothers gave a brief report on the Park & Recreation Advisory Commission's August meeting held at Crystal Highlands Park. N 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 f copy 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 to adjourn the meeting. Motion Failed for lack of a second. Councilmember Leppa directed staff to prepare a report of any surety bonds that have not been released and are on file at the City offices. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. The meeting was adjourned at 10:44 P.M. Motion Carried. 136 18 AUGUST 1987 ,, �Z Mayor ATTEST: i2z=�04� City Clerk BEGINNING WITH THE CITY COUNCIL MINUTES OF SEPTEMBER 1, 1987, ALL RESOLUTIONS WILL BE FILED IN A SEPERATE BINDER NUMERICALLY IN ORDER OF THEIR ADOPTION. THIS WILL BE DONE IN THE SAME MANNER THE ORDINANCES ARE FILED AT THE PRESENT TIME. 1 Darlene George City Clerk 137 1 SEPTEMBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 1, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; William Monk, City Engineer; 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 18, 1987. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the minutes of the regular City Council meeting of August 18, 1987. Motion Carried. The City Council considered a solicitor's permit from the Robbinsdale/Cooper Girls Swim Club for September 8 through September 30, 1987. j Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to approve the solicitor's permit for the Robb insdale/Cooper Girls Swim Club for September 8 through September 30, 1987. Motion Carried. By common consent the City Council directed the City Attorney to investigate the possibility of rewording the ordinance exempting certain organizations such as scouts, hockey, etc. from the requirements of a solicitor's license. The City Council considered a request for a solicitor's permit from Doyle's Junior Bowlers for September 1, 1987 through October 31, 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a solicitor's permit for Doyle's Junior Bowlers for September 1, 1987 through October 31, 1987. Motion Carried. The City Council considered Second Reading of an ordinance regarding the Civil Service system and discussion of the Civil Service Handbook. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue until September 15, 1987, the discussion of I 138 1 SEPTEMBER 1987 Second Reading of an ordinance amending the Civil Service System and discussion of the Civil Service Handbook. Motion Carried. The City Council considered a contribution to the Twin West Chamber of Commerce for publication of a demographic handbook. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve a contribution to the Twin West Chamber of Commerce in the amount of $1,000 for publication of a demographic handbook and that this contribution be taken from the General Fund. Motion Carried. The City Council considered a resolution regarding emergency funding for Bassett Creek projects. 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. 87-49 RESOLUTION RELATING TO EMERGENCY CONSTRUCTION TO CROSS THE CHICAGO NORTHWESTERN RAILROAD TRACKS - SOUTH FORK OF BASSETT CREEK - AND WAIVING THE RIGHT TO A HEARING By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a report from the City staff regarding the 1988 Frolics and review of the City expenditures for the 1987 '] Frolics. Moved by Councilmember Smothers and seconded by Councilmember Herbes to forward the report as presented by staff to the Frolics Committee, along with the added figures as quoted by the Acting City Manager at the Council meeting. Motion Carried. Councilmember Smothers presented a memo from the proposed Crystal Frolics Committee, Inc. requesting that the City Council pass a resolution allowing for creation of the Crystal Frolics Committee, Inc., designating the committee as coordinator of the Frolics, and give favorable consideration to their requests for use of City resources as may be needed. By common consent the City Council accepted the letter from the �l 139 1 SEPTEMBER 1987 proposed Crystal Frolics Committee, Inc., directed the City Attorney to review the resolution, and directed staff to place this item on the September 15, 1987 Council agenda and request the proposed Crystal Frolics Committee, Inc. to be in attendance. The City Council considered a request from the Charter Commission for funding in the amount of $2,500 for Commission operations in 1987. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve funding in the amount of $2,500 for operations of the Charter Commission for 1987, funding to be taken from the General Fund. Motion Carried. The City Council considered the appointment of a Councilmember to the Management Committee of the Recycling Program. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Councilmember Pauline Langsdorf as the City Council's representative on the Management Committee of the Recycling Program. Motion Carried. The City Council considered setting a public assessment hearing for Projects 64-B, 87-1, 87-2, 87-3 and 87-5. 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. 87-50 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENTS By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered the allocation of $16,500 from the PIR Fund, Part B for funding the space -needs 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. 87-51 A RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART B By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, 140 1 SEPTEMBER 1987 Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered the First Reading of an ordinance allowing Community Service Officers to issue citations. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO PUBLIC SAFETY; ALLOWING COMMUNITY SERVICE OFFICERS TO ISSUE CITATIONS; AMENDING CRYSTAL CITY CODE, BY ADDING A SECTION Moved by Councilmember Smothers and seconded by Councilmember Herbes to continue discussion of the First Reading of the ordinance to the September 15, 1987 meeting. Councilmember Smothers withdrew his motion and Councilmember Herbes withdrew her second to the motion. City staff was directed to report back to the Council who is allowed to issue the citations and who the police administrator intends to have issue citations under this law. By a unanimous vote on the original motion, and further, that the second and final reading be held on September 15, 1987. Motion Carried. The City Council considered a request from Councilmember Langsdorf to discuss a resolution urging Hennepin County to provide a scale and personnel to operate the scale at the Maple Grove compost site. 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. 87-52 RESOLUTION REQUESTING HENNEPIN COUNTY TO PROVIDE A SCALE AND PERSONNEL TO OPERATE THE SCALE AT THE MAPLE GROVE COMPOST SITE By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered the 1988 City of Crystal Budget. Mayor Aaker called a Special Meeting of the Crystal City Council to 141 1 SEPTEMBER 1987 discuss the 1988 City of Crystal Budget for 7:00 P.M., September 22, 1987. The City Council directed staff to have the necessary department heads in attendance at the special budget meeting. i Councilmember Leppa voiced concerns regarding the recycling budget, PIR Fund, and Capital Expenditures being allocated in department budgets rather than the PIR Fund. Councilmember Moravec directed staff to include current expenditure reports by department for 1987 in the budget information to be discussed at the special meeting of September 22, 1987. Marland Hildebrandt of All Floors and More, 5736 Lakeland Avenue North appeared before the City Council to request an extension to allow a temporary sign as per variance #S87-2. ik.� Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a 3 -week extension to the current temporary sign ordinance as requested in variance #S87-2. Motion Carried. Mayor Aaker advised he had received a letter from Hennepin County Commissioner John Derus stating the Hennepin County Railroad Advisory Committee has openings for 4 members from our area and that names of persons interested should be forwarded to Mr. Derus. 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 copy of which is on file in the office of the City Clerk, with the addition of a food itinerant license for Old Fashion Donut, 2720 Douglas Drive for September 11 & 12, 1987, 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. Meeting adjourned at 8:10 P.M. Mayor ATTEST: City Clerk 142 15 SEPTEMBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on September 15, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney (arrived 7:03); William Monk, City Engineer; 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 September 1, 1987. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the minutes of the regular City Council meeting of September 1, 1987. 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, October 6, 1987, as the date and time for a public hearing at which time the City Council will consider the 1988 City of Crystal Budget and the 1988 Revenue Sharing Budget. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Ken and Pat Bressler for a 1) variance to expand a non -conforming use (non -conformity being lot is 90' deep, 100' required); 2) for a variance of 12' in the required 25' setback from an alley; 3) for a variance of 17' in the required 40' rear yard setback to build a 42' x 24' addition at 3540 Hampshire Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Joel Franz for a variance of 2' in the side yard setback to add a garage at 8019 - 32nd Avenue North. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board 143 15 SEPTEMBER 1987 of Adjustments & Appeals to consider a request from Tom and Linda Krampitz for a variance of 7'9" in the required 30' front yard setback to build a 9'6" x 8' addition to the kitchen at 5806 Hampshire Avenue North. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Michael Pohl for a variance to expand a non -conforming use (non -conformity being lot is 40' wide, 60' required) to build two additions (one 14' x 6' addition and one 12' x 16' addition) to the existing detached garage at 4226 Zane Avenue North. 6. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from �. Wallace Yahn for a variance of 2' in the required 5' side yard setback to build a 6' x 24' addition to the garage at 8017 - 33rd Place North. 7. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a variance to the side yard setback for the proposed elderly housing project on property at the intersection of 55th and Douglas Drive. 8. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 6, 1987, as the date and time for a public hearing at which time the City Council will consider the preliminary plat and sit as a Board of Adjustments & Appeals to consider a variance of the rear yard setback of Opsahl Addition located at the intersection of Bass Lake Road and 58th Avenue North. 9. Recognition of the receipt of $2,000 from the Lions Club for final payment of the playground equipment for Soo Line Park. 10. Consideration of the resignation of Robert Langerud from the Environmental Quality Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec 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 i consider a resolution of intent to implement a Cooperative Refuse & 144 15 SEPTEMBER 1987 Recycling Collection System in the City of Crystal. The Mayor asked those present to voice their opinions or ask questions concerning the resolution. Those present and heard were: Luther Nelson, Hennepin County Director of the Department of Environment and Energy Julie Jones, Recycling Coordinator, City of Crystal Staff Pauline Langsdorf, Recycling Subcommittee, City Council John Moravec, Recycling Subcommittee, City Council Steven Leppa, Recycling Subcommittee, City Council Harold O'Brien, 6802 - 51st Place North Homer Meier, 3640 Georgia Avenue North John Riggle, 6600 - 44th Avenue North Don Scherer, Scherer Sanitation Mary Jones, 6802 - 36th Avenue North Jim Gencauski, Waste Management Mr. & Mrs. Randy Roskowiak, Randy's Sanitation Kevin Tritz, District Manager of B.F.I. Garbage Haulers James Erickson, B.F.I. Garbage Haulers The Mayor declared the public hearing closed. 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. 87-53 RESOLUTION OF INTENT TO IMPLEMENT A COOPERATIVE REFUSE & RECYCLING COLLECTION SYSTEM IN THE CITY OF CRYSTAL By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The Mayor called a recess at 8:00 P.M. and reconvened the meeting at 8:10 P.M. John Schaaf, Chairperson of the Crystal Housing and Redevelopment Authority, appeared before the City Council to give a report from j the Crystal Housing and Redevelopment Authority regarding an amendment to the Bass Lake Road Becker Park Tax Increment District and to request the authorization to sell additional bonds for the district. Those present and heard were: Dave MacGillivray, Springsted, Incorporated Miles Johnson, Finance Director, City of Crystal Staff Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1 1 145 15 SEPTEMBER 1987 RESOLUTION NO. 87-54 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART B By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. 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. 87-55 RESOLUTION RELATING TO THE BASS LAKE ROAD- BECKER PARK REDEVELOPMENT PROJECT AREA: CALLING A PUBLIC HEARING By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Moved by Councilmember Leppa and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: V-) RESOLUTION NO. 87-56 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,870,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987A By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. At this point in the meeting, Ray Mathieu, 5756 Nevada Avenue J� North, appeared and was heard regarding the Bass Lake Road -Becker Park Tax Increment Financing District. The City Council considered a private kennel license at 5817 Elmhurst Avenue North as requested by Sharon Hutchins. Sharon Hutchins appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve a private kennel license at 5817 Elmhurst Avenue North as requested by Sharon Hutchins. Motion Carried. C/ 146 15 SEPTEMBER 1987 The City Council considered a private kennel license at 4400 Adair Avenue North as requested by Jon and Dana Anderson. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve a private kennel license at 4400 Adair Avenue North as requested by Jon and Dana Anderson. Motion Carried. The City Council considered the Second Reading of an ordinance regarding the Civil Service System and discussion of the Civil Service Handbook. Arthur Cunningham, Chair of the Civil Service Commission appeared to discuss various concerns of City staff regarding the proposed Civil Service Handbook. The City Attorney advised it would be appropriate for the Council to give second reading to the ordinance changes necessitated by the handbook, but that a final review of the proposed handbook by City staff was in order. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-10 AN ORDINANCE AMENDING THE CIVIL SERVICE SYSTEM and further, that this be the second and final reading. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to continue until October 6, 1987 the discussion of the proposed Civil Service Handbook to allow time for a final review by City staf f . Moved by Councilmember Rygg to amend the motion to continue for one month, the discussion of the proposed Civil Service Handbook to allow time for a final review by City staff. Motion Failed for lack of a second. The Council then took action on the original motion to continue until October 6, 1987 the discussion of the proposed Civil Service Handbook. Motion Carried. The City Council considered a building permit for Bass Lake Road Redevelopers to renovate 420 feet of canopy from 6316 to 6422 - 56th Avenue North Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve building permit #8562 to renovate a canopy for 15 SEPTEMBER 1987 6316 to 6422 - 56th Avenue North. 147 Motion Carried. The City Council considered a resolution presented by the Crystal Frolics Committee for adoption by the Council. The City Attorney advised that in his judgment the approval of the Council was not necessary for the Crystal Frolics Committee to organize as a non-profit corporation as long as the City Council is confident that the event contributes to the general welfare and economic benefit of the City and its citizens and that the funds appropriated and staff time expended are properly applied to the successful conduct of the Crystal Frolics event, and therefore, the resolution need not be acted upon. Don Toaves, Crystal Fireman and member of the Crystal Frolics Committee and Ed Thonander, 5409 - 53rd Avenue North and also a member of the Crystal Frolics Committee appeared expressing a concern for the need to move quickly on booking Klein Shows for the 1988 Frolics. Moved by Councilmember Rygg and seconded by Councilmember Smothers to authorize City staff and the Crystal Frolics Committee to work together to negotiate with Klein Shows. Councilmember Smothers withdrew his second to the motion because of a misunderstanding of the motion. Councilmember Moravec then seconded the motion. By roll call and voting aye: Moravec, Rygg; voting no: Herbes, Leppa, Langsdorf, Smothers, Aaker. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to authorize the Crystal Frolics Committee to use the west parking lot of Becker Park and Sherburne Avenue from 55th Avenue to Bass Lake Road to accommodate the Klein Carnival for the 1988 Frolics if it is agreeable with the Crystal Gallery, so that negotiations with Klein Shows may begin. By roll call and voting aye: Langsdorf, Rygg, Smothers, Herbes, Aaker; voting no: Leppa, Moravec. Motion Carried. The City Council considered the Second Reading of an ordinance regarding Community Service Officers. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to direct the City Attorney to redraft the ordinance to include the Animal Control Officers and the Juvenile Specialist as 15 SEPTEMBER 1987 Community Service Officers, but to exclude Police Reserve Officers. Motion Carried. The City Council considered a report from the Public Works Director regarding outstanding sureties for site improvements. The Council directed staff to report outstanding sureties for site improvements to them toward the end of the year. The Mayor asked the City Council's opinion as to whether to televise the September 22nd budget meeting. Moved by Councilmember Herbes and seconded by Councilmember Smothers that the budget meeting of September 22, 1987 not be televised. Motion Carried. Mayor Aaker advised that he had attended a Hennepin County Railroad Advisory Committee meeting and that two more names are needed for the citizen advisory group. He urged councilmembers to find names of citizens who might be interested. The Mayor advised the City Council that the Long -Range Planning Commission will complete work at their next meeting on the first 5 -year Capital Improvement Plan. The Acting City Manager advised that the Meilke Field Task Force was meeting tomorrow and that the Crystal HRA and City staff will attend the meeting. Councilmember Langsdorf reminded that September 26th was hazardous °3 waste collection day at the City Garage and asked Post Publications to cover the event. She also advised she had been assured that the City would get credit for yard waste from Hennepin County. 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 in the preliminary agenda, a copy 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 10:17 P.M. �I ATTEST: City Clerk 15 SEPTEMBER 1987 Mayor 149 150 22 SEPTEMBER 1987 Pursuant to due call and notice thereof, a Special Meeting of the Crystal City Council was held on September 22, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf (arrived at 8:07 P.M.), Rygg, Smothers, Aaker, Leppa, Herbes; those absent were: Moravec. Also present were the following staff members: John A. Olson, Acting City Manager; William Monk, City Engineer; Nancy Deno, Administrative Assistant; Kenneth Bjorn, Assessor; Miles Johnson, Finance Director; Arthur Quady, Fire Chief; William Barber, Assistant Building Inspector; Thomas Heenan, Supervising Sanitarian; Edward Brandeen, Park and Recreation Director; James Mossey, Police Chief. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council discussed the 1988 City of Crystal Budget and the 1988 Revenue Sharing Budget. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. The meeting was adjourned at 11:08 P.M. A Mayor ATTEST: Acting City anagen i Motion Carried. 151 6 OCTOBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 6, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Moravec, Smothers, Aaker, Leppa, Herbes; absent: Langsdorf. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; William Monk, City Engineer; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; Darlene George, City Clerk; Miles Johnson, Finance Director; Dan Smith, Assistant City Engineer. 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 15, 1987 and the Special meeting of September 22, 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the minutes of the regular City Council meeting of September 15, 1987 and the Special meeting of September 22, 1987. 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, October 20, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request to expand a non -conforming use and to encroach in the required 30' side street setback to build a 5' addition at 4856 Hampshire Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 20, 1987, as the date and time for a public hearing to consider a request from Keith M. and Eileen J. Danielson to expand a non -conforming use (non -conformity being lot is 45.5'; 60' required) at 4330 Xenia Avenue North to build a 15' x 30'6" addition. 3. Consideration of a gambling license for the Crystal Lions Club to sell pulltabs at the Palace Inn Broadway Pizza and lease agreement. Moved by Councilmember Leppa 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 152 6 OCTOBER 1987 heard, Mayor Aaker declared this was the date and time as advertised for public hearings at which time the City Council will consider 1987 assessments: A. Street Improvements to Douglas Drive between 27th and 41st Avenues, Project No. 64-B. B. 1987 Sealcoat Program Project No. 87-1. C. Alley Improvements between Welcome & Xenia Avenues from 44th Avenue to 46th Avenue North, Project No. 87-2. D. Curb & Gutter Improvements on Yates Avenue between 56th & 57th Avenues, Project No. 87-3. E. Sidewalk Repair Program Project No. 87-5. F. 1987 Disease Tree Removal & Weed Cutting. G. Delinquent Utility Charges for 1987. The Mayor asked those present to voice their opinions or ask questions concerning this matter. Those present and heard were: Wallace Anderson, 3525 Adair Avenue North (owner of the property at 3353 Douglas Drive) appeared and was heard regarding the Street Improvement Project No. 64-B. Marie and Paul Williams, 4700 Florida Avenue North appeared and were heard regarding the Sidewalk Repair Program Project No. 87-5. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the public hearings. Motion Carried. 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. 87-57 RESOLUTION CONFIRMING ASSESSMENTS FOR STREET IMPROVEMENTS TO DOUGLAS DRIVE BETWEEN 27TH AND 41ST AVENUES, PROJECT 64-B By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. Moved by Councilmember Herbes and seconded by Councilmember Leppa 153 6 OCTOBER 1987 to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 87-58 RESOLUTION CONFIRMING ASSESSMENTS FOR 1987 SEALCOAT PROGRAM PROJECT NO. 87-1 By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. 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. 87-59 RESOLUTION CONFORMING ASSESSMENTS FOR ALLEY IMPROVEMENTS BETWEEN WELCOME AND XENIA AVENUES FROM 44TH AVENUE TO 46TH AVENUE, PROJECT NO. 87-2 By roll call and voting aye: Rygg, r4oravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 87-60 RESOLUTION CONFIRMING ASSESSMENTS FOR CURB & GUTTER IMPROVEMENTS ON YATES AVENUE BETWEEN 56TH & 57TH AVENUES, PROJECT NO. 87-3 By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. 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. 37-61 RESOLUTION CONFIRMING ASSESSMENTS FOR SIDEWALK REPAIR PROGRAM PROJECT NO. 87-5 By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, 154 6 OCTOBER 1987 Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. 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. 87-62 RESOLUTION CONFIRMING ASSESSMENTS FOR 1987 DISEASE TREE REMOVAL & WEED CUTTING By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. 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. 87-63 RESOLUTION CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY CHARGES FOR 1987 By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. The City Council directed staff to review the larger outstanding accounts and attempt to expedite payments more quickly. 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 Ken and pat Bressler for a variance of 12' in the required 25' setback for a garage that is to be setback from the public right-of-way (alley), to expand a non -conforming use (said non -conformity being the lot is 90' deep instead of the required 1001) and to grant a variance of 17' in the required 40' rear yard setback to permit a 42' x 24' addition to the house and garage at 3540 Hampshire Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Moved by Councilmember Smothers and seconded by Councilmember Moravec to close the public hearing. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Moravec 155 6 OCTOBER 1987 to approve as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5c) and 7) to grant a variance of 12' in the required 25' setback, that a garage is to be set back from the public right-of-way (alley) as requested in variance application #87-58. Motion Carried. 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 515.07, Subd. 2, to expand a non -conforming use as requested in variance application #87-57. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve as recommended by and based on the f.ndings 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. 4a) to grant a variance of 17' in the required 40' rear yard setback to permit a 42' x 24' addition to the house and garage at 3540 Hampshire Avenue North as requested in variance application #87-59. 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 Joe Franz for a variance of 2' in the required 5' side yard setback to build a 516" x 21' addition to the garage with a one-hour firewall at 8019 - 32nd Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Smothers and seconded by Councilmember Rygg to close the public hearing. Motion Carried. Moved by Councilmember Smothers 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. 3 a) 1), to grant a variance of 2' in the required 5' side yard setback for a 5'6" x 21' addition to the garage with a one-hour firewall at 8019 - 32nd Avenue North as requested in variance application #87-60. 156 6 OCTOBER 1987 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 & Appeals to consider a request from Tom and Linda Krampitz for a variance of 719" in the required 30' front yard setback to build an 8' x 916" addition to the kitchen at 5806 Elmhurst Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Herbes and seconded by Councilmember Moravec to close the public hearing. Motion Carried. Moved by Councilmember Herbes 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 and strict application of Section 515.13, Subd. 2 a), to grant a variance of 7'9" in the required 30' front yard setback for an B' x 916" addition to the kitchen at 5806 Elmhurst Avenue North as requested in variance application #87-61. 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 sits as a Board of Adjustments and Appeals to consider a request from Michael T. Pohl for a variance to expand a non -conforming use (said non -conformity being the existing lot is 40' wide instead of the required 60' lot width) to allow the construction of a 12' x 16' and 14' x 16' additions to detached garage at 4226 Zane Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Smothers and seconded by Councilmember Rygg to close the public hearing. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec 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 grant a variance to expand a non -conforming use (said non -conformity being the existing lot is 40' wide instead of the required 60' lot width) to allow the construction of a 12' x 16' and 14' x 16' addition to the detached garage at 4226 Zane Avenue North as requested in variance application #87-62. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be 157 6 OCTOBER 1987 heard, Mayor Aaker declared this was the date and time as advertised for a public hearing at which time the City Council sits as a Board of Adjustments and Appeals to consider a request from Wallace Yahn for a variance of 2' in the required 5' side yard setback for a 6' x 24' addition to the existing garage with a one-hour firewall at 6017 - 33rd Place Nocth. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Heroes and seconded by Counci3iiember Moravec to close the public hearing. Motion Carried. Moved by Councilmember Rygq and seconded by Councilmember Geppa to approve as recommended by and based on the findings of fact of the Planning Commission, the autho::ization pursuant to Section 515.55 of the Crystal City Code to vary or mo,lify the str;.ct �tppliication of Section 515.13, Subd. 3 a) 1), to grant a variance of 2' in the required 5' side yard setback for a 6' x 24' addition to the existing, garage with a one-hour firewall at 8017 - 33rd Place North as requested in variance application #87-63. 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 Brutger Companies, Incorporated for a variance of 5' in the required 15' side yard setback for the construction of an elderly housing unit at 6315 - 55th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Herbes and seconded by Councilmember Smothers to close the public hearing. Motion Carried. 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 moi'++i.fy the strict application of Section 515.13, Subd. 3 a) 1), to grant a variance of 5' in the r_aquired 15' side yard setback for the construction of elderly housing at 633.5 - 55th Avenue North as requested in variance application #87-56. Motion Carried. Moved by Councilmember Leppa an -f seconded by Councilmember Smothers to authorize issuance of building permit subject to receipt of surety and signed aGreement. within 14 days. 158 6 OCTOBER 1987 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, Opsahl Addition, and a request from Lesley Opsahl for a variance of 20' in the required 40' rear yard setback for the construction of a potential house at 4819 - 58th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Les Opsahl, 4819 - 58th Avenue North Kenneth Smith, 4825 - 58th Avenue North Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue the public hearing to October 20, 1987 to allow the proper property owners to be contacted. 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 modification to the Tax Increment Financing District. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Ira Burhans, 5924 - 29th Place North Moved by Councilmember Smothers and seconded by Councilmember Leppa to close the public hearing. Motion Carried. 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. 87-64 RESOLUTION APPROVING MODIFICATION NO. 1 TO THE BASS LAKE ROAD/BECKER PARK TAX INCREMENT DISTRICT By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. The City Council considered a request for a private kennel license from Gail Towers at 3110 Jersey Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Rygg to 1 159 6 OCTOBER 1987 approve a private kennel license for Gail Towers at 3110 Jersey Avenue North. Motion Carried. The City Council considered a petition for a stop sign at the intersection of 60th & Jersey Avenue North. Wanda Sanvik, 5943 Jersey Avenue North appeared and was heard. Moved by Councilmember Smothers and .seconded by Councilmember Herbes to approve the installation of stop signs on Jersey Avenue at its intersection with 60th Avenue as recommended by the City Engineer. Motion Carried. The City Council considered a petition for a stop sign at the intersection of 48th & Louisiana Avenue North. Those appearing and heard in favor of a 4 -way stop were: Wayne Thomas, 4807 Jersey Avenue North Howard Cornelius, 4806 Je,-sey Avenue North Craig Lewis, 4801 Louisiana kver_ue North Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the installation of 4 -way stop signs at the intersection of 48th & Louisiana Avenue North. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to check the entire area for stop sign placement. Motion Carried. The City Council considered a petition for a stop sign at the intersection of 46th and Colorado Avenue North. J. W. Stewart, 4600 Colorado Avenue appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the installation of a 2 -way stop on Colorado Avenue at the intersection of 46th and Colorado Avenue as recommended by the City Engineer. Motion Carried. The City Council considered a proposal from the Church of the Open Door, 6421 - 45th Avenue to establish a neighborhood recycling center at the church site. Elmer Carlson, 505: Quail Avenue North appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Moravec to cefer the proposal from Church of the Open Door regarding a 160 6 OCTOBER 1987 neighborhood recycling center at the church site to the Recycling Committee. Motion Carried. The Mayor called a 10 -minute recess at 9:00 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 consider the 1988 City of Crystal Budget and Revenue Sharing Budget. The Mayor asked those present to voice their opinions or to ask questions concerning the budgets. After a brief explanation of automobile leasing and memos included in the budget packet the Council made the following motions pertaining to the budget memo dated September 28, 1987 from the Acting City Manager regarding changes in the Proposed 1988 Budget: Moved by Councilmember Leppa and seconded by Councilmember Herbes to eliminate the sign at Becker Park in the amount of $11,000. By roll call and voting aye: Herbes, Leppa; voting no: Rygg, Moravec, Smothers, Aaker; absent, not voting: Langsdorf. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Herbes to eliminate one set-up for desk top publishing in the amount of $10,885 from the Revenue Sharing Budget and transfer the $11,000 for the Becker Park sign to the Revenue Sharing Budget. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Herbes to eliminate the higher capacity copier (Acct. #4551) in the Police Department budget in the amount of $10,000. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to remove $119,900 for drive-thru door and hose tower plus architectural fees from the Fire Department budget. By roll call and voting aye: Rygg, Herbes, Leppa; voting no: Moravec, Smothers, Aaker; absent, not voting: Langsdorf. Tie vote; Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Smothers to eliminate the hose tower and install drive-thru doors with architectural fees in the amount of $50,000 (a $69,000 reduction) for the South Fire Station. By roll call and voting aye: Rygg, Smothers, Herbes, Leppa; voting 161 6 OCTOBER 1987 no: Moravec, Aaker; absent, not voting: Langsdorf. Motion Carried. Moved by Councilmember Leppa to transfer water and sewer roof from the Permanent Improvement Revolving (PIR) Fund to the General Fund. Councilmember Leppa withdrew his motion. Moved by Councilmember Leppa and seconded by Councilmember Herbes to increase the Contingency Reserve allowance in Department 32 (Account #4990) from $55,000 to $75,000. By •roll call and voting aye: Herbes, Leppa, Aaker; voting no: Rygg, Moravec, Smothers; absent, not voting: Langsdorf. Tie vote; Motion Failed. Moved by Council _member Leppa and seconded by Councilmember Smothers to adopt the City of Crystal 1988 Budget incorporating chancres as stated above. By roll call and voting aye: Smothers, Herbes, Leppa; voting no: Moravec, Rygg, Aaker; absent, not voting: Langsdorf. Tie vote; Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Rygg to leave an amount for six (6) protective vests for the Police Reserves in Account #4157 in Department 18. By roll call and voting dye: Herbes, Leppa, Rygg, ,mothers, Aaker, Moravec; absent, not vot.i_ng: Langsdorf. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to put $20,000 ror recycling in Account 44990 in Department 32. Councilmember Moravec wit'zdrew the motion. Moved by Councilmember Leppa and seconded by Councilmember Smothers to establish a Contingency Fund of $20,000 for a future Recycling Enterprise Fund until a recycling program has been set up. By roll call and voting aye- Herbes, Leppa, Moravec, Smothers, Aaker; voting no: Rygg; absent, not voting: Langsdorf. Motion Carried. Moved by Councilmember Leppa and secondee by Councilmember Moravec to accept the 1988 City of Crystal Budget as modified. Motion Carried. 162 6 OCTOBER 1987 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. 87-65 RESOLUTION ADOPTING BUDGET AND LEVY TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried. The City Council considered the First Reading of an ordinance amending City Code; increasing water and sewer charges. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE AMENDING CITY CODE: INCREASING WATER AND SEWER CHARGES and further, that the second and final reading be held on October 20, 1987. Motion Carried. The City Council considered a lease agreement with Independent School District #281 for the Chapter One Program to use Rooms 102 and 104 at Thorson Community Center for the period of October 1987 through May 1988. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve a lease agreement with Independent School District #281 for the Chapter One Program to use Rooms 102 and 104 at Thorson Community Center for the period of October 1987 through May 1988 and further, to authorize the Mayor and Acting City Manager to sign such agreement. Motion Carried. The City Council considered a contract to renew the Employees Assistance Program for the City of Crystal. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve a contract with the Employees Assistance Program for the City of Crystal and further, to authorize the Mayor to sign such an agreement. Motion Carried. 163 6 OCTOBER 1987 The City Council considered an amendment to the Joint Cooperation Agreement with Hennepin County for Community Development Block Grant funding. 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. 87-66 RESOLUTION APPROVING AMENDMENT TO JOINT COOPERATION AGREEMENT, COUNTY CONTRACT ',70463 By roll ca Ll_ and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried, resolution declared adopted. The City Coullcili considered final payment and Change Order 11,3 of the 13ass Lake Road Streetscape Project. Jim Lasher of BRU, Incorporated appeared. Moved by Councilmember Rygg and seconded by Counc�).member Smothers to approve final. payment and Change Order 43 for the Bass Lake Road Streetscape Project. Motion Carried. Mayor Aaker gave a report from the City Manager Search Committee. The three finalists for the City Manager position are Jerry Dulgar, City of Anoka; Robert Erickson, City of Moorhead; and John A. Olson, Acting City Manager of the City of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Moravec to set 7:00 P.M. on October 13, 1987 as the date and time for a Special City Council meeting at which time the City Council will interview the three (3) final applicants for the City Manager position, and to eliminate television coverage for this special meeting. Motion Carried. Councilmember Leppa presented a resolution reauesti.ng equal treatment for cities in distribution of tax settlements as provided to school districts. 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. 87-67 A RESOLUTION REQUESTING EQUAL TREATMENT FOR CITIES IN DISTRIBUTION OF TAX SETTLEMEivr,'S AS PROVIDED TO SCHOOL DISTRICTS UNDER STATE STATUTE 276.11 164 6 OCTOBER 1987 By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; absent, not voting: Langsdorf. Motion Carried. 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 copy 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. Councilmember Leppa requested that the Police Chief appear before the City Council to discuss the City's Vehicular Pursuit Policy. Councilmember Moravec, as a member of the Recycling Committee, reported that recycling is underway and thanked the haulers for their cooperation. Councilmember Moravec expressed his thanks and appreciation to City staff for their efforts in putting together the 1988 City of Crystal Budget. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. The meeting was adjourned at 11:14 P.M. 7 Mayor ATTEST: jz�-, r - City Clerk Motion Carried. 1 1 165 13 OCTOBER 1987 Pursuant to due call and notice given i.n the manner prescribed by Section 3.01 of the City Charter, the Special meeting of the Crystal City Council was held on October 13, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec (arrived at 7:40 P.M.), Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John Dean, City Attorney's office; 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 three (3) final. applicants for the City of Crystal City Manager position. Moved by Councilmember Smothers and seconded by Councilmember Leppa to allow smoking. By roll call and voting aye: Herbes, Leppz, Smothers/ Rygg; voting no: Langsdorf, Aaker; absent, not voting: Moravec. The Mayor explained the material the councilmembers received in their packets and the questioning process for the interviews. The interviews were then held in alphabetical order as follows: Jerry Dulgar Robert Erickson John A. Olson Interviews were completed at 9:40 P.M. at which time the Mayor opened the floor for discussion. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Bob Erickson as the Crystal City Manager. Discussion followed after which, at 10:00 P.M., the Mayor called a 10 -minute recess for the Council's review of documents submitted by the candidates during the interviews. At 10:10 P.M. the meeting was reconvened and Councilmember Herbes modified her motion as follows: Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Robert Erickson as the Crystal City Manager subject to negotiations with the Mayor and City Attorney and return to the Council with a contract within one week. By roll call and voting aye: Smothers, Herbes, Aaker; voting no: Langsdorf, Rygg, Moravec, Leppa. Motion Failed. 166 13 OCTOBER 1987 Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Jerry Dulgar as the Crystal City Manager subject to negotiations with the Mayor and City Attorney and return to the Council with a contract within one week. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to table the discussion. By roll call and voting aye: Smothers, Langsdorf; voting no: Herbes, Leppa, Moravec, Rygg, Aaker. Motion Failed. Voting on the original motion, by roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, Aaker; voting no: Smothers, Herbes. Motion Carried. The Mayor urged councilmembers to contact him as soon as possible with their input regarding the salary of the new City Manager. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. The meeting was adjourned at 10:25 P.M. '1 Mayor ATTEST: City Clerk 1 1 167 20 OCTOBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on October 20, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting 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 October 6, 1987 and the special meeting of October 13, 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the minutes of the regular City Council meeting of October 6, 1987 and the special meeting of October 13, 1987. Motion Carried. The Mayor presented checks to three Crystal residents whose names were drawn for $100 prizes at the Crystal /Robbinsdale Recycling Center. The winners were: James Mercer, 6417 - 38th Avenue North Curtis Hall, 5412 Hampshire Avenue North Melvin Humbert, 5541 Quail 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, November 3, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from William T. Moore for a variance of 4'8" in the required 30' front yard setback to build a 418" x 1516" porch at 4646 Brunswick Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 3, 1987, as the date and time for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Suzanne Palbicki for a variance of 18' in the required 30' side street side yard setback to build an 18' x 18' deck at 8600 - 31st Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, November 3, 1987, as the date and time for a .: 20 OCTOBER 1987 public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Irene M. Bohn for a variance of 8' in the required 40' rear yard setback to build a 22' x 15' addition to their garage at 4725 Quail Avenue North. 4. Consideration of a gambling license for the Minnesota Therapeutic Camp at Doyle's Lanes. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. The City Council considered a resolution ordering the sale of $1,870,000 General Obligation Tax Increment Bonds, Series 1987-A. David MacGillivray of Springsted, Incorporated appeared and was heard. 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. 87-68 RESOLUTION AWARDING THE SALE OF $1,870,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987-A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. 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. 87-69 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND, PART B By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. 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 & Appeals to consider a request 169 20 OCTOBER 1987 Moved by Councilmember Leppa and seconded by Councilmember Herbes to close the public hearing. Motion Carried. Moved by Councilmember Smothers 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 515.05, Subd. 2) to expand a non -conforming use, said non -conformity being the existing house and garage encroach 13' in the required 30' side street side yard setback as requested in variance application #87-66. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec 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 13' in the required 30' side street side yard setback to permit a 5' addition in the breezeway area to the existing house at 4856 Hampshire Avenue North as requested in variance application #87-67. 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 a request from Keith and Eileen Danielson to expand a non -conforming use (said non -conformity) being a 45.5' lot width instead of the required 60' lot width) to allow the construction of a 15' x 30'5" addition to the existing house at 4330 Xenia Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. from Richard W. and Camille B. Peterson for a variance to expand a non -conforming use (said non -conformity being the existing house and garage encroach 13' in the required 30' side street side yard setback) and to grant a variance of 13' in the required 30' side Moved by street side yard setback to permit a 5' addition in the breezeway approve area to the existing house at 4856 Hampshire Avenue North. The to Section 515.55 of the Mayor asked those present to voice their opinions or ask questions or modify concerning this matter. Section Moved by Councilmember Leppa and seconded by Councilmember Herbes to close the public hearing. Motion Carried. Moved by Councilmember Smothers 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 515.05, Subd. 2) to expand a non -conforming use, said non -conformity being the existing house and garage encroach 13' in the required 30' side street side yard setback as requested in variance application #87-66. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec 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 13' in the required 30' side street side yard setback to permit a 5' addition in the breezeway area to the existing house at 4856 Hampshire Avenue North as requested in variance application #87-67. 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 a request from Keith and Eileen Danielson to expand a non -conforming use (said non -conformity) being a 45.5' lot width instead of the required 60' lot width) to allow the construction of a 15' x 30'5" addition to the existing house at 4330 Xenia Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Moved by Councilmember Leppa and seconded by Councilmember Smothers to close the public hearing. Motion Carried. Moved by Councilmember Rygg 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 515.05, Subd. 2) to expand a non -conforming use, said 170 20 OCTOBER 1987 non -conformity being the lot width is 45.5' instead of the required 60' lot width, to allow the construction of a 15' x 3015" addition to the existing house at 4330 Xenia Avenue North as requested in variance application #87-70. 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 the continued public hearing at which time the City Council will consider tentative approval of proposed plat, Opsahl Addition, and a request from Leslie Opsahl for a variance of 20' in the required 40' rear yard setback for the construction of a potential house at 4819 - 58th Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Those present and heard were: Leslie Opsahl, 4819 - 58th Avenue North Moved by Councilmember Smothers and seconded by Councilmember Rygg to close the public hearing. Moved by Councilmember Herbes and seconded by Councilmember Smothers to grant tentative approval of proposed plat, Opsahl Addition, located at 5757 Orchard Avenue North. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf 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 20' in the required 40' rear yard setback for a potential house at 4819 - 58th Avenue North as requested in variance application #87-64. Motion Carried. Glenda Sims of the Human Relations Commission of the City of Crystal appeared before the City Council to recommend Arthur Cunningham, 8124 - 35th Avenue North as the recipient of the 1987 Human Rights Award. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to accept the recommendation of the Human Relations Commission and to present the Human Rights Award for 1987 to Arthur Cunningham. Motion Carried. The Mayor then presented the award to Mr. Cunningham. Mr. Cunningham expressed his thanks and appreciation for the award. The City Council considered the Space Needs Study from Anderson -Dale Architects. Those appearing from Anderson -Dale 171 20 OCTOBER 1987 Architects to explain the study and answer any questions were: Curt Dale, Bill Anderson, George Kline and Ray Christianson. Also present and heard was Cyril Soukup, 4736 Xenia Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Herbes to accept the Space Needs Study as presented by Anderson -Dale Architects. Motion Carried. The City Council directed staff to investigate all financial alternatives and report back to the Council at the November 3, 1987 meeting. The Mayor called a recess at 9:00 P.M. and the meeting was reconvened at 9:12 P.M. The City Council considered the Civil Service Handbook. Arthur Cunningham, Chair of the Civil Service Commission, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept the Civil Service Handbook as presented by the Civil Service Commission. ■ Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to send a letter of thanks and appreciation to the Civil Service Commission and Kathleen Seal (intern) for their efforts in putting the Civil Service Handbook together. Motion Carried. The City Council considered the Second Reading of an Ordinance regarding water and sewer utility rates and a resolution regarding the adjustments of sewer rates for senior citizens. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87-11 AN ORDINANCE RELATING TO SEWER, WATER, AND STREET LIGHTING RATES AND CHARGES: AMENDING CRYSTAL CITY CODE SUBSECTION 710.05; SUBSECTION 715.13, SUBDIVISIONS 1 AND 4 and further, that this be the second and final reading. By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; abstaining: Langsdorf. Motion Carried. 172 20 OCTOBER 1987 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. 87-70 RESOLUTION ADJUSTING SEWER RATES FOR SENIOR CITIZENS By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; abstaining: Langsdorf. Motion Carried, resolution declared adopted. The City Council considered final approval of plat J.J.J. Estates located at 5401 West Broadway. 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. 87-71 RESOLUTION APPROVING PLAT By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council discussed the ordinance regarding solicitor's licenses. Moved by Councilmember Leppa and seconded by Councilmember Moravec to accept the City Attorney's recommendation and leave the ordinance as it is. Motion Carried. The City Council considered the First Reading of an ordinance regarding abandoned motor vehicles. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO LITTER: INOPERATIVE VEHICLES: AMENDING CRYSTAL CODE SUBSECTION 635.01, SUBDIVISION 1 and further, that the second and final reading be held on November 3, 1987. Motion Carried. 173 20 OCTOBER 1987 The City Council considered a resolution authorizing continuance of agreement with Goodwill/Easter Seals to continue operation of Attended Donation Center. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to adopt the following resolution with the condition that the 5th paragraph of the Memorandum of Agreement Continuance be amended to read as follows: "The City agrees to pass through the applicable portion of the 1988 Hennepin County Recycling Grant to Goodwill and to provide advice and counsel to Goodwill on the services provided by Goodwill." RESOLUTION NO. 87-72 RESOLUTION AUTHORIZING CONTINUANCE OF AGREEMENT WITH GOODWILL/EASTER SEALS By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered surety release in the amount of $21,000 for Douglas Drive Family Physicians parking lot at 3501 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the work required as a condition of building permit approval for Douglas Drive Family Physicians, 3501 Douglas Drive, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $21,000 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. The City Council considered a follow-up report from the Public Works Director regarding the flood resulting from the July 23, 1987 storm. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to authorize the Public Works Director to proceed with items #7 (backflow preventers), #8 (Yunkers Park storage) and #9 (Memory Lane Pond outlet), in his memo dated October 16, 1987, and authorize the use of existing budgetary funds to complete the recommended studies. Motion Carried. Bill Monk, Public Works Director, appeared before the City Council regarding an update on the Highway 169/Bass Lake Road Project. Mayor Aaker gave a report on the new City Manager negotiations. 174 20 OCTOBER 1987 Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve the negotiations with Jerry Dulgar as follows: Salary: $61,000 a year for the first 6 months, $62,000 per year thereafter. Deferred Compensation City will contribute $2,000 per year to ICMA De- ferred Compensation Plan. Vacation: 4 weeks per year. Benefits: City benefit package and $100,000 term life insurance. Separation: 180 day severance payment in event of involuntary separation. Moving expenses: City pays normal moving expenses. Motion Carried. The City Council discussed the sign ordinance with respect to signs being placed on semi -trailers, etc. and directed the City Attorney review the issue and report back to the Council. The Mayor asked for a staff report on the Senior Citizen Building. The Acting City Manager complied with that request. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. Meeting adjourned at 10:15 P.M. „\ Mayor ATTEST: 9____aLi� - -/- " /..&� 'f 0 - City Clerk 1 175 3 NOVEMBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 3, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; William Monk, Public Works Director; Donald Peterson, Building Inspector; Nancy Deno, Administrative Assistant; 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 October 20, 1987. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular City Council meeting of October 20, 1987. 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 William T. Moore for a variance of 4'8" in the required 30' front yard setback to construct a 15'6" x 2419" second story addition and a 418" x 15'6" porch on the existing house at 4646 Brunswick Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning this matter. Moved by Councilmember Leppa and seconded by Councilmember Herbes to close the public hearing. Motion Carried. 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. 2 a) to grant a variance of 4'8" in the required 30' front yard setback for a 1516" x 24'9" second story addition and a 418" x 15'6" porch on the existing house at 4646 Brunswick Avenue North as requested in variance application 187-65. 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 176 3 NOVEMBER 1987 advertised for a public hearing at which time the City Council will sit as a Board of Adjustments & Appeals to consider a request from Ronald and Suzanne Palbicki for a variance of 18' in the required 30' side street side yard setback to build two 18' x 18' decks at 8600 - 31st Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to close the public hearing. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 3 a) 2) iii) to grant a variance of 18' in the required 30' side street sideyard setback to build two 18' x 18' deck additions on the existing house at 8600 - 31st Avenue North as requested in variance application #87-68. 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 & Appeals to consider a request from Floyd and Irene Bohn for a variance of 8' in the required 40' rear yard setback to build a 1513" x 2216" addition to the existing garage at 4725 Quail Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning this matter. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the public hearing. Motion Carried. 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. 4 a), to grant a variance of 8' in the required 40' rear yard setback to permit a 1513" x 2216" addition to the existing garage at 4725 Quail Avenue North as requested in variance application #87-69. Motion Carried. The City Council considered a waiver of sign license fee for a sign to be located at 6700 - 46th Place North as requested by St. James Church. 1 1 177 3 NOVEMBER 1987 Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to waive the sign license fee for a sign to be located at 6700 - 46th Place North as requested by St. James Church. Motion Carried. The City Council considered the waiver of sign permit fees for six temporary sign locations to be posted a period of November 22 through November 29, 1987, to advertise the Crystal Lions Pancake Breakfast as requested by the Crystal Lions Club. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to waive the sign permit fees for signs to be posted November 22 through November 29, 1987, at the following locations: 4920 West Broadway, 3600 Douglas Drive, 2756 Douglas Drive, 7200 - 56th Avenue North, 5920 West Broadway, and 5844 Orchard Avenue North, to advertise the Crystal Lions Pancake Breakfast as requested by the Crystal Lions Club. Motion Carried. The City Council considered awarding a bid for purchase of a skid -steer loader. 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. 87-73 RESOLUTION AWARDING A CONTRACT By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered surety release in the amount of $500 for Crystal Green Subdivision. Moved by Councilmember Smothers and seconded by Councilmember Leppa to accept the work required within Crystal Green Subdivision, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $500 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. The City Council considered surety release in the amount of $500 for Rolling Green Subdivision. Moved by Councilmember Herbes and seconded by Councilmember Leppa to accept the work required for Rolling Green Subdivision, subject 178 3 NOVEMBER 1987 to guarantee provisions of the agreement, effective this date, and that surety in the amount of $500 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. The City Council considered release of surety in the amount of $132,000 for Winnetka Industrial Center (Bldg. A) at 3300 Winpark Drive. Moved by Councilmember Leppa and seconded by Councilmember Smothers to accept the work required for Winnetka Industrial Center (Bldg. A) at 3300 Winpark Drive, subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $132,000 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. The City Council considered the Park & Recreation Advisory Commission criteria regarding naming and renaming of all City parks. It was the Mayor's recommendation to thank the Commission for their time and effort in putting the report together and return it to the Park & Recreation Advisory Commission, noting that future councils might not always feel bound by this policy. Moved by Councilmember Leppa and seconded by Councilmember Smothers to accept the report. Motion Carried. The City Council considered the Second Reading of an Ordinance regarding abandoned motor vehicles. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87-12 AN ORDINANCE RELATING TO LITTER: INOPERATIVE VEHICLES: AMENDING CRYSTAL CODE SUBSECTION 635.01, SUBDIVISION 1 and further, that this be the second and final reading. By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried. The City Council reconsidered the Second Reading of an ordinance regarding water and sewer utility rates and a resolution regarding the adjustments of sewer rates for senior citizens. Moved by Councilmember Leppa and seconded by Councilmember C] 179 3 NOVEMBER 1987 Smothers to adopt the following ordinance: ORDINANCE NO. 87-13 AN ORDINANCE RELATING TO SEWER, WATER, AND STREET LIGHTING RATES AND CHARGES: AMENDING CRYSTAL CITY CODE SUBSECTION 700.07; SUBSECTION 710.05; SUBSECTION 715.13, SUBDIVISIONS 1 AND 4: REPEALING ORDINANCE NO. 87-11 and further, that this be the second and final reading. By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; abstaining: Langsdorf. Motion Carried. 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. 87-74 RESOLUTION ADJUSTING SEWER AND WATER RATES FOR SENIOR CITIZENS By roll call and voting aye: Rygg, Moravec, Smothers, Leppa, Herbes, Aaker; abstaining: Langsdorf. Motion Carried, resolution declared adopted. The City Council considered a resolution establishing just compensation for the purchase of 3541 Lee Avenue North. 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. 87-75 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE 3541 LEE AVENUE NORTH By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a resolution authorizing and executing a Grant Agreement between the Metropolitan Council and the City of Crystal for acceptance of $3,000 for the Arts Program at Becker Park. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was 10 3 NOVEMBER 1987 dispensed with by unanimous consent: RESOLUTION NO. 87-76 RESOLUTION APPROVING GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND THE CITY OF CRYSTAL By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a resolution authorizing a contract with Hennepin County to receive funding for the Recycling Program for 1987. 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. 87-77 RESOLUTION AUTHORIZING CONTRACT WITH HENNEPIN COUNTY TO RECEIVE FUNDING FOR 1987 By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a recommendation by the Recycling Subcommittee regarding the Neighborhood Recycling Center at the Church of the Open Door, 6421 - 45th Avenue North. Councilmember Langsdorf recommended as follows: 1. Money be used for advertising only ($500). 2. Neighborhood Recycling Center at Church of the Open Door shall provide the Recycling Coordinator for the City of Crystal with three copies of all advertising they do. 3. Church of the Open Door shall report recycling tonnage to the Recycling Coordinator for the City of Crystal on a quarterly basis. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the recommendations as presented by Councilmember Langsdorf. Motion Carried. The City Council considered tax forfeiture land sale by Hennepin County. 11 1 1 181 3 NOVEMBER 1987 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. 87-78 RESOLUTION APPROVING LOT 16, BLOCK 3 OF GARDENDALE ACRES (3304 HAMPSHIRE AVENUE NORTH) FOR SALE AT A PUBLIC ACTION TO BE HANDLED BY HENNEPIN COUNTY By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a resolution regarding the City of Crystal credit card. 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. 87-79 RESOLUTION AUTHORIZING ELAN FINANCIAL SERVICES CORPORATE CHARGE CARD ACCOUNT, CITY OF CRYSTAL, MINNESOTA By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered an interim site for the Senior Citizen Center Program and Congregate Dining. Moved by Councilmember Moravec and seconded by Councilmember Leppa to accept staff's report and direct staff to prepare an interim contract agreement with the Knights of Columbus Hall. By roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, Herbes, Aaker; voting no: Smothers. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec to close Thorson Community Center effective June 30, 1988. Motion Carried. The City Council considered a report from staff regarding funding sources for the Space Needs Program. By common consent of the Council a special meeting was set for 7:00 P.M. on November 24, 1987 to discuss the Space Needs Program. The Council asked that 182 3 NOVEMBER 1987 representatives from Anderson Dale Architects and Springsted, Incorporated be present. The Council requested further drawings and information from the consultants be distributed to them by the staff. The City Council discussed an agreement with the City of Crystal and the Target Store, 5537 West Broadway and VFW Post #494, 5222 - 56th Avenue North to place newspaper bins for the recycling program on their property. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution with the stipulation that the City do the clean-up of the sites: RESOLUTION NO. 87-80 RESOLUTION AUTHORIZING AGREEMENT REGARDING RECYCLING By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. 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 Rygg to adjourn the meeting. The meeting was adjourned at 8:24 ATTEST: City Clerk If Motion Carried. P.M. `n n r 9 t4ay6r 1 163 17 NOVEMBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on November 17, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, Herbes. Also present were the following staff members: John A. Olson, Acting 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 November 3, 1987. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the minutes of the regular City Council meeting of November 3, 1987. Motion Carried. The Mayor presented $100 checks to the Recycling Center winners. The winners were: Donald Jepsen, 3026 Utah Avenue North Ray Maki, 3501 Kyle Avenue North Deborah Colbert, 3441 Noble Avenue North Lois Suplick, 3916 Hampshire Avenue North (did not appear) 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 1, 1987, as the date and time for a public hearing at which time the City Council will consider tentative approval of proposed plat Bedman Addition, 46th & Louisiana Avenue North. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, December 1, 1987, 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 Wayne E. Harris for a variance in lot width to build a 20' x 20' detached garage at 3524 Noble Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, December 1, 1987, 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 Wayne Mcen for a variance to expand a 164 17 NOVEMBER 1987 non -conforming use to build a 32' x 24' addition to the existing house at 3356 Florida Avenue North. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, December 1, 1987, 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 Dick & Mary Lapcinski for a variance to encroach 22" in the front yard setback to install a bay window at 6920 Lombardy Lane. 5. Consideration of a gambling license application for the Church of All Saints, 435 - 4th Street N.E., at the Paddock Bar. 6. Consideration of a gambling license application for the Minnesota Therapeutic Camp at the Palace Inn. 7. Consideration of a gambling license application for Knights of Columbus Council #3656 at 4947 West Broadway. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to approve the Consent Agenda. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to amend the motion to delete Item #6 on the Consent Agenda regarding a gambling license application for the Minnesota Therapeutic Camp at the Palace Inn until a clarification of the monthly rental amount is received from the applicant. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec to delete Item #5 on the Consent Agenda regarding a gambling license application for the Church of All Saints at the Paddock Bar until the applicant clarifies the rental amount on the application. Motion Carried. On the main motion with the deletion of Items #5 and #6: Motion carried with a unanimous vote. The City Council considered a resolution regarding the sale and issuance of bonds for the Crystal Senior Housing Project and a resolution approving a First Amendment to the Development Contract for the Senior Housing Project. Steve Wilson of Brutger Companies and Tom Maple of Miller & Schroeder Financial Inc. appeared and were heard. Moved by Councilmember Herbes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: i 1 1 1 1 165 17 NOVEMBER 1987 RESOLUTION NO. 87-81 RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF MULTI -FAMILY HOUSING DEVELOPMENT REVENUE BONDS (CRYSTAL SENIOR HOUSING PROJECT), SERIES 1987, 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: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Moved byo Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 87-82 RESOLUTION APPROVING A FIRST AMENDMENT TO DEVELOPMENT CONTRACT (ELDERLY PROJECT): AUTHORIZING ITS EXECUTION AND DELIVERY By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a request for building permit from Robert W. Shea to build a 60' x 40' airplane storage hangar on Lot 82D at the Crystal Airport. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve building permit #8702 for a 60' x 40' airplane storage hangar on Lot 32D at the Crystal Airport as requested by Robert W. Shea. Motion Carried. The City Council considered a request to use the Crystal Municipal Pool for a B Final -A Min/Max Swim Meet on July 29, 30, and 31, 1988. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the use of the Crystal Municipal Pool for a B Final -A Min/Max Swim Meet on July 29, 30, 31, 1988 as requested by the New Hope/Crystal Aquatic Club. Motion Carried. The City Council considered the First Reading of an ordinance amending Crystal City Code to change the vending machine license 166 17 NOVEMBER 1987 fee. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO VENDING MACHINE LICENSE FEES: AMENDING CRYSTAL CITY CODE and further, that the second and final reading be held on December 1, 1987. Motion Carried. The City Council considered an agreement for Environmental Health Services with Hennepin County. 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. 87-83 RESOLUTION APPROVING AN AGREEMENT FOR ENVIRONMENTAL HEALTH SERVICES WITH HENNEPIN COUNTY By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered a report from the City Council Recycling Subcommittee regarding organized refuse and recycling options. Moved by Councilmember Smothers and seconded by Councilmember Rygg to accept the report from the City Council Recycling Subcommittee regarding organized refuse and recycling options. Motion Carried. The City Council considered a request for a rate increase from Town Taxi Company. Sid Strong of Town Taxi appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve an increase in Town Taxi's rates as follows: taxi rates from $1.10 per mile to $1.20 per mile; flag throw increase from $.95 to $1.25; and waiting time increased from $12.00 per hour to $15.00. Motion Carried. 167 17 NOVEMBER 1987 The City Council considered the Second Reading of an ordinance regarding issuance of citations. Moved by Councilmember Herbes and seconded by Councilmember Rygg to continue discussion of the ordinance regarding issuance of citations to the December 1, 1987 meeting to allow the City Attorney time to revise the wording of the ordinance. Motion Carried. The City Council considered a request for the use of the Becker Park Arts and Entertainment Center by the Minnesota Recreation & Park Association, and the authorization to serve wine to those members in attendance. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the use of the Becker Park Arts and Entertainment Center by the Minnesota Recreation & Park Association, and further to authorize the serving of wine to thgse members in attendance. Motion Carried. The City Council discussed street parking on 41st Avenue between Douglas Drive and Hampshire Avenue North. The City Council advised staff to place letters on the windshields of the automobiles parked on 41st Avenue between Douglas Drive and Hampshire Avenue North, advising them that the Assembly of God Church, 4100 Douglas Drive, has granted permission for University students to use their parking lot during the day, and ask that they park there rather than on 41st Avenue. Councilmember Leppa asked for a report on the progress of reviewal of the ordinance pertaining to signs on semi -trailers, etc. Mr. Olson reported that the Building Inspector and City Attorney were in the process of reviewing the ordinance. The Acting City Manager reported to the Council that on November 28, 1987 the Iron Horse would be closing down their regular business to accommodate a group of Students Against Drunk Drivers and that no liquor would be served on that day should any of the councilmembers receive calls from concerned residents. The City Council. discussed the December 15, 1987 regular City Council meeting. Moved by Councilmember Smothers and seconded by Councilmember Moravec that due to six of the seven councilmembers attending the National League of Cities Conference, the December 15, 1987 City Council meeting be changed to December 22, 1987. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember M. 17 NOVEMBER 1987 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 Smothers to adjourn the meeting. Motion Carried. The meeting was adjourned at 8:07 P.M. Mayor ATTEST: J.0'� City Clerk 1 169 24 NOVEMBER 1987 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, a Special meeting of the Crystal City Council was held on November 24, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the council called the roll and the following were present: Langsdorf, Rygg, Moravec, Aaker, Leppa, Herbes; those members absent were: Smothers. Also present were the following staff members: John A. Olson, Acting City Manager; David Kennedy, City Attorney; Nancy Deno, Administrative Assistant; Edward Brandeen, Park & Recreation Director; Gene Hacket, Assistant Park & Recreation Director; Jeanne Fackler, Recreation Supervisor; James Mossey, Police Chief; Miles Johnson, Finance Director; Darlene George, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council discussed the Space Needs Study for the City of Crystal. The first item of discussion was the Park & Department's Needs Report. The Park & Recreation Assistant Park & Recreation Director, and the Supervisor presented justification of their needs to Council. Among issues of concern to the City Council their decision will be the following: - a double gymnasium - Day Care - Food Shelf - Congregate Dining - Parking lot - Site Plan - Future needs Recreation Director, Recreation the City in making George Merriam, 4901 Douglas Drive appeared before the Council to voice a concern for traffic control on Douglas Drive in the swimming pool area and also the truck travel on Fairview Avenue. Councilmember Moravec directed staff to begin conversation with Hennepin County pertaining to the traffic control on Douglas Drive in the area of the swimming pool and the site of the proposed community center. The next item of discussion was the Police Department's Needs Report. The Police Chief presented the department's justification of its needs. Among issues of concern to the City Council in making their decision will be the following: - How many cells do surrounding communities have - How many sally ports do surrounding communities have - the need for a jail 170 24 NOVEMBER 1987 - the number of cells and sally ports in relation to other suburbs - the need for two floors for the Police Department - Scheme A or B - community interrelationship - the need for a second garage - future needs of the department The Mayor called a recess at 9:00 P.M. and reconvened at 9:12 P.M. Bill Anderson and Curt Dale of Anderson Dale Architects presented slides and explained the various proposed floor and site plans for the City Hall and Community Center and were open to questions from the City Council. David MacGillvray of Springsted, Incorporated appeared to present the pluses and minuses of issuing bonds versus entering into a lease/purchase agreement. The City Council discussed their goals in making a decision on the space needs program. Councilmember Herbes requested that they not act on any issue without a full Council. By common consent the City Council placed the space needs item on the December 22, 1987 Council agenda. The City Council directed staff to prepare answers to all of their questions and get them to the Council prior to the December 22nd meeting. The Mayor announced that due to the Thanksgiving holiday, the replay of the Council meeting will be at 12:00 Noon on Friday, November 27, 1987 on Cable Channel 37. The City Council considered a resolution of gratitude to John A. Olson, Acting City Manager. 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. 87-84 A RESOLUTION OF GRATITUDE TO JOHN A. OLSON By roll call and voting aye: Langsdorf, Rygg, Moravec, Leppa, Herbes, Aaker; absent, not voting: Smothers. Motion Carried, resolution declared adopted. 171 24 NOVEMBER 1987 Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. The meeting was adjourned at 10:16 P.M.'� Mayor ATTEST: 1 D City Clerk Motion Carried. 172 1 DECEMBER 1987 Pursuant to due call and notice thereof, the Regular meeting of the Crystal City Council was held on December 1, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, 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; 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 November 17, 1987 and the Special City Council meeting of November 24, 1987. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the minutes of the regular City Council meeting of November 17, 1987 and the Special City Council meeting of November 24, 1987. Motion Carried. The Mayor presented three (3) checks from the Church of All Saints from pulltab operations at the Paddock Bar as follows: $10,000 - Crime Prevention - Police Department $ 6,000 - City of Crystal Fire Department $ 4,000 - Country Club for Crystal Food Shelf 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, Bedman Addition, located at 7025 - 46th Avenue North. 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 Jack Irving, 7020 - 45th Place Moved by Councilmember Smothers and seconded by Councilmember Rygg to close the Public Hearing. Motion Carried. Moved by Councilmember Rygg to table to allow time for an alternate plan to be considered. Motion failed for lack of a second. 1 173 1 DECEMBER 1987 Moved by Councilmember Moravec and seconded by Councilmember Leppa to deny the preliminary plat application for the Bedman Addition consistent with the recommendation of the Planning Commission, with findings of fact cited by the Council as follows: 1) the deficient area of Lot 2 at 6,075 square feet does not meet current ordinance requirements (7,500 square feet) and is not in keeping with existing lot sizes in the area, and 2) creation of a non -conforming rear yard setback for the existing structure on Lot 1 is contrary to the intent of City Code. By roll call and voting aye: Langsdorf, Moravec, Smothers, Leppa, Herbes, 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 Wayne E. Harris for a variance to expand a non -conforming use (said non -conformity being 40' lot width instead of the required 60' lot width) to allow the construction of a 20' x 20' detached garage at 3524 Noble Avenue North. The Mayor asked those present to voice their opinions or to ask questions concerning the variance. Moved by Councilmember Herbes and seconded by Councilmember Smothers to close the Public Hearing. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to grant 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) 1, to grant a variance to expand a non -conforming use (said non -conformity being 40' lot width instead of the required 60' lot width) to allow construction of a 20' x 20' detached garage at 3524 Noble Avenue North as requested in Variance Application #87-73. 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 Wayne Moen for a variance to expand a non -conforming use (said non -conformity being the existing house and garage encroach 2.5' in the required 25' side street side yard setback) and a variance of 2.5' in the required 25' side street side yard setback to permit a 32' x 24' addition to the existing house at 3356 Florida Avenue North. The Mayor asked 174 1 DECEMBER 1987 those present to voice their opinions or to ask questions concerning the variances. Moved by Councilmember Rygg and seconded by Councilmember Smothers to close the Public Hearing. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to grant, as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subdivision 2, to expand a non -conforming use, said non -conformity being the existing house and garage encroach 2.5' in the required 25' side street side yard setback for construction of a 32' x 24' addition to the existing house at 3356 Florida Avenue North as requested in Variance Application #87-71. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant, as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subdivision 3 a) 2) ii) to grant a variance of 2.5' in the required 25' side street side yard setback for a 32' x 24' addition to the existing house at 3356 Florida Avenue North as requested in Variance Application #87-72. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 3401 Vera Cruz from R-1 (Single-family Residential) to B-4 (Community Commercial). Those present and heard were: Robert Childs, 3407 Welcome Avenue North George Aebly, 3419 Welcome Avenue North Clarence Schulz, 3264 Welcome Avenue North Brenda Olander, 3425 Welcome Avenue North The above residents all spoke in opposition to the rezoning. A letter of opposition was received from Judie Swenson, 3413 Welcome Avenue North. Herb Elfstrom, 10521 Cedar Lake Road, Minnetonka, owner of the property, also appeared and was heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 87- 175 1 DECEMBER 1987 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on December 22, 1987. By roll call and voting aye: Herbes, Leppa, Smothers; voting no: Moravec, Rygg, Langsdorf, Aaker. Motion Failed. The City Council considered an amendment to the bylaws of the Crystal Firefighters Relief Association. Ron Billstrom, President of the Crystal Firefighters Relief Association, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve amendment to Article X, Section 1 of the bylaws of the Crystal Firefighters Relief Association, as submitted by the secretary of the Crystal Firefighters Relief Association in a memo to the City Manager dated November 27, 1987, a copy of which is on file in the office of the City Clerk and is made a part of this motion as though set forth in full herein. Motion Carried. The City Council considered the application of Julie Rydh for appointment to the Human Relations Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Julie Rydh to the Human Relations Commission for an unexpired term expiring December 31, 1989. Motion Carried. The City Council considered Change Order #3 for Becker Park Improvement Project. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve Change Order #3 for the Becker Park Improvement Project in the amount of $2,612 to provide timer -operated lighting for the tennis/basketball courts and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a proposed Legal Services Agreement with Rosenthal, Rondoni, and MacMillan, Ltd. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to accept the Proposed Legal Services Agreement for a 176 1 DECEMBER 1987 three year contract from January 1, 1988 until December 31, 1990, and changing their hourly rate from $55.00 to $65,00, as submitted by Rosenthal, Rondoni & MacMillan, Ltd., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered the Second Reading of an Ordinance regarding changes in vending machine license fees. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87-14 AN ORDINANCE RELATING TO LICENSE FEES FOR CERTAIN VENDING MACHINES and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance regarding the issuance of citations. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 87-15 AN ORDINANCE RELATING TO PUBLIC SAFETY: AUTHORIZING CERTAIN CITY PERSONNEL TO ISSUE CITATIONS: AMENDING CRYSTAL CITY CODE BY ADDING A SECTION and further, that this be the second and final reading. Motion Carried. The City Council considered an agreement with the City of Golden Valley regarding emergency culvert construction at the Chicago -Northwestern Railway right-of-way at Sweeney Lake. 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. 87-86 RESOLUTION REGARDING AGREEMENT WITH CITY OF GOLDEN VALLEY TO PROCEED WITH EMERGENCY CULVERT CONSTRUCTION AT CHICAGO -NORTHWESTERN RAILROAD TRACKS AND SOUTH FORK OF BASSETT CREEK By roll call and voting aye: Langsdorf, Rygg, Moravec, 177 1 DECEMBER 1987 Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the allocation of $3,000 from the City of Crystal Budget, Department 24 (Sewer Department), to fund the emergency culvert construction at the Chicago -Northwestern Railway right-of-way at Sweeney Lake. Motion Carried. The City Council considered a resolution approving transfer of Year XII CDBG Funds from one project to another. 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. 87-87 RESOLUTION APPROVING TRANSFER OF YEAR XII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO A NEW PROJECT By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered participation in the League of Minnesota Cities 4M Fund. 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. 87-88 A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONJUNCTION THEREWITH By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered rental fees for the gambling license applications of the Church of All Saints at the Paddock Bar and Minnesota Therapeutic Camp at the Palace Inn. Dave Savoie of 1 DECEMBER 1987 Camp Confidence (Minnesota Therapeutic Camp) appeared and was heard. Lorraine Bedman, 7025 - 46th Avenue North also appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to split the two items and approve the gambling license application for the Minnesota Therapeutic Camp at the Palace Inn. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to continue the discussion of the gambling license application of the Church of All Saints at the Paddock Bar to December 22, 1987, pending a new lease agreement in proper form with the correct amounts filled in and a verification of the proper Gambling Manager. Motion Carried. The City Council considered the City of Crystal Five -Year Capital Improvements Plan as presented by the Long -Range Planning Commission. Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to continue to the December 22, 1987 meeting. Motion Carried. The City Council considered a solicitor's permit for Minnesota COACT to solicit in the area from December 1, 1987 to December 31, 1987. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve a solicitor's permit for Minnesota COACT to solicit in the area from December 1, 1987 to December 31, 1987. Motion Carried. The City Council considered fund transfers. 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. 87-89 A RESOLUTION TRANSFERRING FUNDS By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. 179 1 DECEMBER 1987 The City Council discussed parking on 41st Avenue between Douglas Drive and Hampshire Avenue North. Councilmember Langsdorf gave an update on the Recycling Subcommittee. By common consent the City Council directed staff to work towards consideration of a Joint Powers Agreement regarding garbage hauling and recycling to work with a consortium of garbage haulers. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf that all Councilmembers attending the National League of Cities Conference in Las Vegas, December 12-16, 1987, provide written reports of the conference and reports on meetings attended to share with other councilmembers. By roll call and voting aye: Langsdorf, Moravec, Leppa, Aaker; voting no: Rygg, Smothers, Herbes. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers that the Mayor's recommendation of the conduct of City Council meetings be placed on the December 22, 1987 Council agenda. Motion Carried. By common consent the City Council directed staff to look into an Agent of Record for the City's insurance program. By common consent the City Council directed staff to put an application together for CDBG funding for an elevator at City Hall. 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 9:12 P.M./ ATTEST: Mayor City Clerk .6 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 1, 1987. Lorraine Bedman, 7025 - 46th Avenue North, appeared and was heard regarding the content of the City Council minutes of December 1, 1987. Moved by Councilmember Smothers 22 DECEMBER 1987 Moravec to approve Pursuant to due call and notice thereof, the Regular meeting meeting of December of the Crystal City Council was held on December 22, 1987, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Mayor presented The Secretary of the Council called the roll and the following of a drawing for the were present: Langsdorf, Rygg, Moravec, Smothers, Aaker, Leppa, 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; 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 December 1, 1987. Lorraine Bedman, 7025 - 46th Avenue North, appeared and was heard regarding the content of the City Council minutes of December 1, 1987. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular City Council meeting of December 1, 1987. Motion Carried. The Mayor presented five checks for $100 each for five winners of a drawing for the recycling program as follows: Martin and Arlyn Brock, 6800 - 43rd Ave. No. (not present) Joseph Ennen, 3656 Douglas Drive North Waldo Hanson, 5008 Toledo Avenue North (not present) Denise Jaco, 6813 Corvallis Avenue North Jonathan Stiegler, 6726 - 36th Avenue North The City Council considered the following items on the Consent Agenda: 1. Consideration of the resignation of Stuart Stockhaus from the Park and Recreation Advisory Commission. 2. Consideration of the verification of the resignation of Scott Kerner from the Human Relations Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the Consent Agenda with the appropriate letter being received from Scott Kerner of the Human Relations Commission. Motion Carried. The Mayor read the letter of resignation from the Park and Recreation Advisory Commission that was received from Stuart 181 22 DECEMBER 1987 Stockhaus. Arthur Cunningham, Chair of the Civil Service Commission, appeared before the City Council to present the City of Crystal Civil Service Handbook. The City Council considered a resolution to establish a no -parking zone by the wheelchair ramp at 4100 Douglas Drive (Crystal Assembly of God). 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. 87-90 A RESOLUTION PROHIBITING PARKING ON THE EAST SIDE OF DOUGLAS DRIVE IN THE AREA OF PEDESTRIAN RAMP AT 4100 DOUGLAS DRIVE By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered accepting improvements and the release of surety in the amount of $3,000 for Cedarwood Court Apartments, 5450-5500 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept improvements for Cedarwood Court Apartments, 5450-5500 Douglas Drive, subject to guaranteed provisions of the agreement, effective this date, and that surety in the amount of $3,000 be released, subject to said guarantee, as recommended by the Public Works Director. Motion Carried. The City Council considered a request from area residents to prohibit on -street parking along one side of 34th Avenue between Vera Cruz and Welcome Avenues North. Moved by Councilmember Leppa and seconded by Councilmember Moravec to table the motion and direct staff to notify surrounding property owners. Motion Carried. Norman Larson, 6412 - 45th Avenue North, appeared before the City Council to discuss Police Department procedures. The City Council considered a solicitor's license for Greenpeace U.S.A. for a period of 1-1-88 through 2-15-88. 182 22 DECEMBER 1987 Moved by Councilmember Smothers and seconded by Councilmember Langsdorf to approve a solicitor's license for Greenpeace U.S.A. for a period of 1-1-88 through 2-15-88. Motion Carried. The City Council considered a request from the Animal Humane Society for financial support by the City. Moved by Councilmember Leppa and seconded by Councilmember Herbes to approve the request for funding from the Animal Humane Society, using a formula of $2.50 per animal received at the Society from Crystal residents up to a total grant of $1,370, to be taken from the 1988 General Budget. Motion Carried. The City Council considered a resolution regarding authorized signature for the City of Crystal. 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 NOZ 87-91 A RESOLUTION REGARDING AUTHORIZED SIGNATURE By roll call and voting aye: Langsdorf, Rygg, Moravec, Smothers, Leppa, Herbes, Aaker. Motion Carried, resolution declared adopted. The City Council considered the gambling license application for Church of All Saints at the Paddock Bar. Mayor Pro Tem Rygg took the chair in Mayor Aaker's absence from 8:00 P.M. to 8:05 P.M. during which time no action was taken by the Council. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue the gambling license application for Church of All Saints at the Paddock Bar to the January 5, 1988 meeting and direct staff to meet with Church of All Saints and the Paddock to investigate rental figures and receipts for the year 1987. Motion Carried. The City Council directed staff to write a letter to the Charitable Gambling Board advising them of the Council's feeling and asking them to investigate the gambling license of Church of All Saints at the Paddock Bar. The City Council considered a recommendation from the Park and 183 22 DECEMBER 1987 Recreation Advisory Commission that the park on the Soo Line -Angeline Drive property be renamed Lion's Soo Line Park. Moved by Councilmember Herbes and seconded by Councilmember Rygg to accept the recommendation of the Park and Recreation Advisory Commission that the park on the Soo Line -Angeline Drive property be renamed Lion's Soo Line Park. Motion Carried. The City Council considered a report from the Police Chief regarding the Police Exchange Program. The City Council requested staff to find out how the program is working in other cities and to keep them informed as the City of Crystal's program moves along. The City Council considered the City of Crystal Five -Year Capital Improvements Program. The City Council. considered the Space Needs Program for the City of Crystal. The City Manager gave an update of the progress of the Space Needs Program by City staff. The Public Works Director presented an update on flood related items from the July 23, 1987 flood including Yunkers Park, Memory Lane Pond, and backflow valves. Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to draft a letter to the City of New Hope with the mayor's approval and signature, regarding recommendations for the Memory Lane Pond area. Motion Carried. By common consent the City Council directed staff to contact residents concerning the Park and Recreations Advisory Commission's review of drainage options in Yunkers Park to be held at the Park and Recreation Advisory Commission's regular meeting of January 6, 1988. The Mayor called for a recess at 9:00 P.M. and the meeting was reconvened at 9:13 P.M. The Public Works Director presented an update on Federal Aid Urban Funding of the MnDOT construction project for TH 100 Moved by Councilmember Leppa and seconded by Councilmember Smothers to accept the City of Crystal Five -Year Capital Improvements Program as a planning tool, and to set a work session for the City Council jointly with the Long -Range Planning Commission for February 9, 1988, to discuss this document. Motion Carried. The City Council. considered the Space Needs Program for the City of Crystal. The City Manager gave an update of the progress of the Space Needs Program by City staff. The Public Works Director presented an update on flood related items from the July 23, 1987 flood including Yunkers Park, Memory Lane Pond, and backflow valves. Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to draft a letter to the City of New Hope with the mayor's approval and signature, regarding recommendations for the Memory Lane Pond area. Motion Carried. By common consent the City Council directed staff to contact residents concerning the Park and Recreations Advisory Commission's review of drainage options in Yunkers Park to be held at the Park and Recreation Advisory Commission's regular meeting of January 6, 1988. The Mayor called for a recess at 9:00 P.M. and the meeting was reconvened at 9:13 P.M. The Public Works Director presented an update on Federal Aid Urban Funding of the MnDOT construction project for TH 100 "MA 22 DECEMBER 1987 between 29th and 39th Avenues North. The City Council directed staff to keep the Council and the Housing and Redevelopment Authority advised of the project as it goes along. Councilmember Rygg requested that Item No. 14 regarding the July 23, 1987 flood update be recalled to enable the Public Works Director to discuss the back flow valve portion of the item. The Public Works Director gave a brief report of same. The City Council considered Rules of Procedure for City Council meetings. By common consent the City Council directed staff to work with the City Attorney to redraft the City ordinance to reflect the rules of procedure to be followed for City Council meetings, and bring the recommendations back to the Council. At this point in the meeting the Council directed staff to check into the public address system in the Council Chambers and the possibility of an indicator light system to be used for the Mayor's assistance in recognizing Councilmembers who wish to speak. The City Council considered the 1988 City of Crystal Employees' Salary Schedule. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to continue discussion of the 1988 City of Crystal Employees' Salary Schedule to the January 5, 1988 City of Crystal Council meeting. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the list of license applications, a submitted by the City Clerk to the City Council in the preliminary agenda, with the addition of a tree trimmer's license for Reliable Tree Service, 6600 Brookview Drive, Fridley, MN 55432, 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. Councilmember Smothers requested staff to do some checking with other cities bordering Twin Lake and investigate the possibility of a curfew or other means of preventing snowmobiles on the lake during the early morning hours. In response to a Bulletin received from the Association of Metropolitan Municipalities, Councilmember Rygg volunteered to serve as an AMM legislative contact person. 22 DECEMBER 1987 Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Adrian Rygg to the AMM Legislative Program. Moved by Councilmember Moravec and seconded by Councilmember Leppa to amend Councilmember Herbes' motion to continue discussion to the January 5, 1988 meeting to allow staff to contact AMM regarding the type of person and number of persons who may serve on the committee. Motion Carried. Mayor Aaker read a letter from Edward S. Lynde of Lynde Greenhouses, Inc. expressing appreciation to the Crystal Police Department. The Assistant City Manager gave an update on the Senior Citizens Building in the Bass Lake Road -Becker Park Redevelopment area, as requested by Councilmember Smothers. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. The meeting was adjourned at 9:, ATTEST: Z"/" _A�04fz=== City Clerk Motion Carried.