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1986 City Council Minutes2 JANUARY 1986 Pursuant to due call and notice thereof, a Special meeting of the Crys- tal City Council was held on January 2, 1986, 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 Thomas N. Aaker, Mayor; John Moravec, Councilmember, Section I; Steven C. Leppa, Councilmem- ber, Ward 3; and Betty Herbes, Councilmember, Ward 4. The Secretary of the Council called the roll and the following were present• Langsdorf, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff members: John Irving, City Manager; John Olson, Assistant City Manager; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor discussed his thoughts about the immediate future of Crystal and its continued development. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. Mayor ATTEST: CI City Clerk 205 206 7 JANUARY' 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 7, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the fol- lowing staff members: John Irving, City Manager; David Kennedy, City Attorney; William Sherburne, City Engineer; Don Peterson, City Build- ing Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administra- tive Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular Council meeting of December 17, 1985 and Special meetings of December 30, 1985 and January 2, 1986, were ap- proved. The City Council considered the following items on the Consent Agenda: 1. Reappointments of Gregg Peppin and James Newstrom to the Human Relations Commission for terms to expire December 31, 1988. 2. Reappointments of Stuart Stockhaus, Suzanne Smith, and Mark Hoffmann to the Park and Recreation Advisory Com- mission for terms expiring December 31, 1988. 3. Reappointment of Paulette Magnuson to the Planning Com- mission for a term expiring December 31, 1988. 4. Reappointments of Gary Joselyn, Michael D. Culhane, and David B. Anderson, citizen members, to the Long -Range Planning Commission for terms expiring December 31, 1986. 5. Reappointment of Elsa Skogerboe as the representative to the Northwest Hennepin Human Services Council for a two- year term expiring December 31, 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Dallas Development Company for a variance of 12 parking spaces in the required 71 park- ing spaces at 2960 Winnetka Ave. N. 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 Langsdorf that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 8 m) to grant a variance of 12 parking spaces of the required 71 parking spaces at 2960 Winnetka Ave. N., as requested in Application 485-46A of Bernie Frey, based on the findings of fact and recommendation of the Planning Commission. Motion Carried. 207 7 JANUARY 1986 The City Council considered a request from Dallas Development Company for approval of a building permit for tenant improvements at 2960 Winnetka Ave. N. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the authorization to issue building permit #7177 for im- provements to the building at 2960 Winnetka Ave. N., subject to stan- dard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered a request from Godfather's Pizza, Inc. for a tavern license at 99 Willow Bend. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request for a tavern license from G'odfather's Pizza, Inc., a wholly-owned subsidiary of the Pillsbury Company, dba God- father's Pizza, at 99 Willow Bend, for the year ending June 30, 1986. Motion Carried. The City Council considered the selection of a Mayor Pro Tem for 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Councilmember Rygg as Mayor Pro Tem for 1986. Motion Carried. The City Council considered the designation of the official depository for the City of Crystal for 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to designate North Star Bank Minnesota as the official depository for the City of Crystal for the year 1986. Motion Carried. The City Council considered the designation of the official newspaper for the City of Crystal for 1986. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to designate the North Hennepin Post as the official newspaper for the City of Crystal for the year 1986. Motion Carried. The City Council considered the appointment of a liaison to the Park and Recreation Advisory Commission for the year 1986. Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Councilmember Smothers as liaison to the Park and Recrea- tion Advisory Commission for the year 1986. Motion Carried. The City Council considered the appointment of a liaison to the En- vironmental Quality Commission for the year 1986. Moved by Councilmember Ryqg and seconded by Councilmember Smothers to appoint Councilmember Moravec as liaison to the Environmental Quality Commission for the year 1986. Motion Carried. 7 JANUARY 1986 The City Council considered the appointment of a liaison to the Human Relations Commission for the year 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Councilmember Langsdorf as liaison to the Human Relations Commission for the year 1986. Motion Carried. The City Council considered the appointment of a Representative and Alternate to the Association of Metropolitan Municipalities for the year 1986. Moved by Councilmember Smothers and seconded by Councilmember Leppa to appoint Mayor Aaker as Representative and Councilmember Rygg as Alternate to the Association of Metropolitan Municipalities for the year 1986. Motion Carried. The City Council considered the appointment of a representative to the Joint Water Commission for the year 1986. Moved by Councilmember Smothers and seconded by Councilmember Herbes to appoint Councilmember Leppa as the Representative to the Joint Water Commission for the year 1986. Motion Carried. The City Council considered the appointment of a representative to the Tri -Community Twin Lake Study Committee for the year 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Councilmember Leppa as the Representative to the Tri -City Twin Lake Study Committee for the year 1986. Motion Carried. The City Council considered the appointment of a representative to the Sewer Service Area Advisory Board for the year 1986. Moved by Councilmember Ryag and seconded by Councilmember Herbes to appoint Councilmember Smothers as the Representative to the Sewer Service Area Advisory Board for the year 1986. Motion Carried. The City Council considerd the appointment of representatives to the Northwest Suburbs Cable Communications Commission for the year 1986. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to appoint Mayor Aaker and City Manager Irving as the Represen- tatives to the Northwest Suburbs Cable Communications Commission for the year 1986. Motion Carried. The City Council considered the appointment of Council representatives to the Long -Range Planning Commission for the year 1986. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to appoint Mayor Aaker and Councilmember Rygg to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered the appointment of a representative to the Tri -City Airport Commission. 1 L, 209 7 JANUARY 1986 Moved by Councilmember Rygg and seconded by Councilmember Moravec to appoint Councilmember Herbes as the Representative to the Tri -City Airport Commission. Motion Carried. The City Council consideree' a rerruest for salary adjustments for fire- fighters, fire officers and fire inspectors. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the following salary adjustments, retroactive to January 1, 1986,for Fire Department personnel: Assistant Chiefs (2) . . . . . . . . $157.50 per month Training Officer (1) . . . . . . . . 157.50 Ter month Assistant Training Officer . . . . . 97.13 per month Captains (4) . . . . . . . . . . . . 65.10 per month Fire Officers . . . . . . . . . . . 7.30 per call Fire Fighters . . . . . . . . . . . 6.30 per call Overtime Pay, all personnel 5.25 per hour Standby Pay . • . . . . . . . . . . 5.25 per hour Christmas Standby, all personnel . . 5.25 per hour Fire Inspectors (2) . . . . . . up to 9.24 per hour Motion Carried. The City Council considered setting a public hearing for a change in Community Development Block Grant Program Year XI. Moved by Councilmember Herbes and seconded by Councilmember Smothers to set 7 P.M., January 21, 1986, as the time and date for a public hearing at which time the City Council will consider a change in Community Development Block Grant Program Year XI. Motion Carried. The City Council considered a letter from Golden Valley regarding stop signs at 34th and Kyle. By common consent, the City Council directed staff to notify residents of Crystal who requested the stop signs of the response received from the City of Golden Valley. The City Council considered the Second Reading of an ordinance adjust- ing City Councilmembers and Mayor salaries for 19Q7. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. n6-1 AN ORDINANCE RELATING TO THE SALARIES OF THE MAYOR AND CITY COUNCILMEMBERS : REPEALING CRYSTAL CITY CODE, SUBSECTION 210.05 and further, that this be the second and final reading. Motion Carried. 210 7 JANUARY 1986 The City Manager explained to the City Council that the State Legis- lature has declared a mandatory holiday, Martin Luther King, Jr. Day, which is the third Monday in January. Moved by Councilmember Smothers and seconded by Councilmember Moravec to grant a paid holiday to all employees of the City of Crystal on the third Monday in January known as Martin Luther King, Jr. Day. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the list of license applications, as submitted by the City Clerk to the City Council 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 Rygg to adjourn the meeting. Motion Carried. r Zl� ATTEST: City Clerk Mayor 1 211 21 JANUARY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 21, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the fol- lowing staff members: John T. Irving, City Manager; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Pe- terson, Building Inspector; Nancy Deno, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular Council meeting of January 7, 1986, were approved. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider changes in the Community Development Block Grant Program Year XI. The Mayor asked those present to voice their opinions or ask questions concern- ing this matter. No one appeared. Moved by Councilmember Herbes and seconded by Councilmemher Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. P6-1 RESOLUTION APPROVING; TRANSFER OF YEAR XI COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO A NEW PROJECT WHEREAS, the City of Crystal had allocated $61,000 from Year XI Community Development Block Grant funds for a Commercial Loan Program, and WHEREAS, this amount of funding is not necessary in this project category, and WHEREAS, the City of Crystal would like to create a new project for funding with $10,000 of these Year XI funds, and WHEREAS, the City of Crystal sees a need to fund the Five Cities Senior Transportation Program currently in operation, which provides bus service to elderly people in Crystal, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that $10,000 be reallocated to the Five Cities Senior Trans- portation Program. 212 21 JANUARY 1986 By roll call and voting aye: Lanqsdorf, Leppa, Ryqq, Herbes, Aaker, Moravec, Smothers. Motion carried, resglut*on deccadopted. ATTEST: City Clerk The City Council considered a request for a private kennel license for Bernice Jubert at 4819 Hampshire Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a private kennel license for Bernice Jubert at 4819 Hamp- shire Ave. N. Motion Carried. The City Council considered a request from Jeffrey Myslicki for a variance to Section 406.13, Subd. 5) of the sign ordinance to allow a temporary sign for fifteen weeks (ordinance allows seven consecutive days three times a year) at Ciao Bella Pizza, 2732 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Leppa to deny a request from Ciao Bella Pizza for a variance to Section 406.13, Subd. 5) to allow a temporary sign for fifteen weeks at 2732 Douglas Drive, based on the finding that the present ordinance pro- vides sufficient time for periodic sales, grand openings and closings, which is the intent of the ordinance. Motion Carried. The City Council considered a request from the Knights of Columbus for a gambling license from the State of Minnesota at 4947 West Broad- way. No action was taken. The City Council considered final approval of the Emond Addition lo- cated at 3448 Hampshire Ave. N. 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. 86-2 RESOLUTION APPROVING 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 Emond Addition, as submitted by Lawrence J. Emond, 213 21 JANUARY 1986 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled EMOND ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Leppa, Herbes,;-Rygg, Moravec, Smothers, Aaker. Motion carried, resolution declared 4dopted. f Mayor ATTEST: City Clerk The City Council considered surety release in the amount of $14,000 for Palace Inn, 5607 West Broadway. Moved by Councilmember Rygg and seconded by Councilmember Moravec to accept the work required as a condition of building permit appro- val for Palace Inn, 5607 West Broadway, subject to guarantee provi- sions of the agreement, effective this date, and that surety in the amount of $14,000 be released, subject to said guarantee, as recom- mended by the City Engineer. Motion Carried. The City Council considered the Mayor's recommendation for appoint- ment to the Crystal Housing and Redevelopment Authority for a five- year term, ending February 1, 1991. Moved by Councilmember Ryqg and seconded by Councilmember Langsdorf to approve the Mayor's recommendation to reappoint John Moravec to the Crystal Housing and Redevelopment Authority for a five-year term, ending February 1, 1991. Motion Carried. The City Council considered setting a public hearing for the local Board of Equalization. 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, June 3, 1986, as the time and date for the public hearing at which time the Council will sit as the local Board of Equalization. Motion Carried. The City Council considered the recommendation of the Environmental Quality Commission to appoint Robert Rasmussen as their representa- tive to the Long -Range Planning Commission. Moved by Councilmember Moravec and seconded by Councilmember Rygg to appoint Robert Rasmussen as the Environmental Quality Commission representative to the Long -Range Planning Commission for the year 1986. Motion Carried. City Attorney David Kennedy arrived at 7:17 P.M. 214 21 JANUARY 19 F 6 Moved by Councilmember Rygg and seconded by Councilmember Moravec to approve the list of license applications, as submitted by the City Clerk to the City Council 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. After some discussion, by common consent, the City Council directed staff to check with Olivet Baptist Church to see if they would want their sign license fee to be exempt like the other churches in Crystal. Councilmember Smothers requested discussion of the hospitalization retirement plan adopted by the City Council. At the request of the Mayor, the City Attorney explained the criteria for holding an Executive Session in accordance with Minnesota Statutes Section 471.705, Subdivision 1. Moved by Councilmember Herbes and seconded by Councilmember Leppa to hold an Executive Session immediately following this Council meet- ing in the Council Chambers of City Hall. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Aaker; voting no: Smothers. Motion Carried. Moved by Councilmember Herbes and seconded by Counc�—m mber Moravec to adjourn the meeting. /; / otion Carried. Mayor ATTEST: City Clerk 21 JANUARY 1986 The Mayor convened the Executive Session of the Crystal City Council at 7:37 P.M., January 21, 1986, at 4141 Douglas Drive, Crystal, Min- nesota. The Secretary of the Council called the roll and the follow- ing were present: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; Nancy Deno, Administrative Assistant; and Delores Ahmann, City Clerk. Moved by Councilmember Moravec and secon�¢d by Cou'=�ilmember Smothers to adjourn the meeting. Meeting adjourn,�p1 7:59 P -M. Motion Carried. - Mayor ATTEST: City Clerk 215 4 FEBRUARY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on February 4, 1986, 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, Leppa, Herbes, Aaker, Smothers; the following were absent: Ryqg, Moravec. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Mana- ger; William Sherburne, 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. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the minutes of the regular Council meetinc and Executive Session of January 21, 1986. Motion Carried. The City Council considered a request from the Elk's Lodge #44 for a gambling license from the State of Minnesota. No action was taken. The City Council considered a request from Signcrafters for a variance to Section 406.17 (only one free-standing sign per business property) to erect a free-standing sign for Burger King at 3526 Lilac Drive. Charles Peugh and Mike Nordstrom were present and heard. Moved by Councilmember Smothers to approve a request from Signcrafters for a variance to Section 406.17 to erect a free-standing sign for Burger King at 3526 Lilac Drive. Motion Died for Lack of a Second. Moved by Councilmember Leppa and seconded by Councilmember Herbes to deny the request from Signcrafters for a variance to Section 406.17 to erect a free-standing sign for Burger King at 3526 Lilac Drive, based on the fact that approval of the request could set a precedent. By roll call and voting aye: Herbes, Leppa, Langsdorf, Aaker; voting no: Smothers; absent, not voting: Rygg, Moravec. Motion Carried. The City Council considered the resignation of Barbara Senden from the Planning Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the resignation of Barbara Senden from the Planning Commis- sion, and further, to direct the City Manacrer to send her a letter of thanks and appreciation. Motion Carried. The City Council considered the resignation of Suzanne Smith from the Parks and Recreation Advisory Commission. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the resignation of Suzanne Smith from the Parks and recrea- tion Advisory Commission, and further, to direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. 216 4 FEBRUARY 1986 The City Council considered the applications of Russ Rubin (Ward 1) and David B. Anderson (Ward 1) for a position on the Planning Commis- sion. (One vacancy in that area) Moved by Councilmember Herbes and seconded by Councilmember Leppa to appoint David B. Anderson to the Crystal Planning Commission for an unexpired term ending December 31, 1987. Motion Carried. The City Council considered the applications of James J. Barden and George Timmerman for a position on the Planning Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint James J. Barden and George Timmerman to the Crystal Plan- ning Commission for terms ending December 31, 1988. Motion Carried. The City Council considered the application of Glenda Sims for member- ship on the Human Relations Commission. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to appoint Glenda Sims to the Human Relations Commission for a term ending December 31, 1988. Motion Carried. The City Council considered the applications of Arlene Pitts, Darla J. Carlson, John Henry Berg, and Roberta Lee Veech for membership on the Park and Recreation Advisory Commission. Cc..,ncilmember Moravec arrived at 7:31 P.M. Moved by Councilmember Leppa and seconded by Councilmember Moravec to appoint Roberta Veech to the Park and Recreation Advisory Commission for a term ending December 31, 1988. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to appoint Arlene Pitts to the Park and Recreation Advisory Com- mission for a term ending December 31, 1988. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to appoint Darla J. Carlson to the Human Relations Commission for an unexpired term ending December 31, 1987. Motion Carried. The City Council considered a Joint Powers Agreement to form a coali- tion of metropolitan communities and to cancel the previous agreement. Moved by Councilmember Langsdorf and seconded by Councilember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent; RESOLUTION NO. 86-3 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT TO FOR11 A COALITION OF METROPOLITAN COMMUNITIES BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, that pursuant to the authority granted by Minnesota Statutes 217 4 FEBRUARY 1986 Section 471.59, that the Mayor and City Manager be authorized to enter into an agreement with surrounding communities to form a coalition of metropolitan communities, AND FURTHER, that the Mayor and City Manager be authorized to sign such Joint Powers Agreement. BE IT FURTHER RESOLVED that the City Council of the City of Crystal hereby cancels the previous Joint Powers Agreement which was approved by Resolution No. 85-98 on November 19, 1985. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. ' Mayor ATTEST: r City Clerk The City Council considered a refund for Olivet Baptist Church for a sign license fee. Moved by Councilmember Herbes and seconded by Councilmember rloravec to approve a refund of $15.00 for Olivet Baptist Church for their 1986 sign license fee. Motion Carried. The City Council discussed a proposal for an apartment development on property owned by Norm Nafstad in the vicinity of 30th Avenue North between Brunswick and Douglas Drive. Don Slough, 3301 Brunswick and Mike Abrams, 6017 29th Place N., were present and heard. By common consent the City Council directed staff_ to seek quotations for costs of a traffic study and density study from reputable firms for Mr. Nafstad to consider. The City Council considered the First Readinq of an ordinance relating to the sign ordinance reaardinq a 10' clearance on free-standinq signs. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 96 - AN ORDINANCE RELATING TO SIGNS: REPEALING' CRYSTAL CITY CODE, SUBSECTION 406.17, SUBDI- VISION 2, CLAUSE (D) and further, that the second and final reading be held on February 18, 1986. Motion Carried. 218 4 FEBRUARY 1986 The City Council discussed the possibility of a reduction of surety for Crystal Galleries project as requested by Lincoln Development Co. Moved by Councilmember Smothers and seconded by Councilmember Moravec to reduce the surety requirements to $5,000 from $150,000 for Lincoln Companies with reference to the Crystal Galleries project. Motion Carried. The City Council discussed an agreement reached with Local #49 and the City Manager. Moved by Councilmember Herbes and seconded by Councilmember Smothers to increase the salary by 45� per hour to the following classifications: Heavy Equipment Operator, Light Equipment Operator, Park Keeper and Water and Sewer Maintenance persons, and further, that the City will pay up to a maximum of $165 per month towards group health and life insurance, and further,to grant a paid holiday on the thirJ Monday in January known as Martin Luther King, Jr. Day, all retroactive to Jan- uary 1, 1986. Further, the Local 49'ers Union members who retire after January 1, 1986 under a full, unreduced retirement benefit from the Public Em- ployees Retirement Association, and all present Local 49 Union retirees, who are currently members of the City of Crystal group hospitaliza- tion insurance plan, who have retired under a full, unreduced retire- ment benefit from the Public Employees Retirement Association, shall have the option of retaining membership in the City of Crystal's group hospitalization insurance plan for which the City will pay the single person premium until such time as the retiree is eligible for Medicare coverage, and further, if the retiree desires to continue family cover- age, the additional cost for family coverage shall be paid monthly by the retiree to the City of Crystal. Further, that the City approve the Flexible Benefit Program for medical expenses adopted for non-union employees on January 15, 1985, by Reso- lution No. 85-4 for Local 49 members, effective March 1, 1986. Motion Carried. The City Council discussed and reviewed proposals for a City of Crystal logo. Moved by Councilmember Moravec and seconded by Councilmember Smothers to request a logo be designed using a single "C". Motion Carried. By common consent of the Council, Don Trout, owner of a 6600 square foot building in Crystal, addressed the Council, and was directed by the Council to consult with staff regarding his inquiries. 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 219 4 FEBRUARY 1986 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: 1 City Clerk 220 18 FEBRUARY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on February 18, 1986, 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, Leppa, Rygq, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Nancy Deno, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular meeting of February 4, 1986. Motion Carried. The City Council considered the following Consent Agenda: 1. To change the regular Council meeting date of March 18, 1986, to March 19, 1986, to accommodate the precinct caucuses. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 19, 1986, as the time and date for a public hearing at which time the City Council will consider tentative approval of proposed plat An- derson's Gardendale Acres, 3443 Douglas Drive. 3. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 4, 1986, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Mark W. Olson for a variance to Section 515.07, Subd. 5 d) to allow an air conditioner conden- ser to be located in the side yard at 4231 Hampshire Ave. N., as requested in Variance Application #86-1. Moved by Councilmember Moravec and seconded by Councilmember Rygq to approve the Consent Agenda. Motion Carried. The City Council considered the First Reading of an ordinance to rezone property from an I-2 District to a B-4 District, located at 5200 Doug- las Drive, as requested by Northwest Family Physicians. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: 1 r_J 221 ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on March 4, 1986. Motion Carried. The City Council considered the application of Jane Elsen for the Planning Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Jane Elsen to the Planning Commission for a term expiring December 31, 1988. Motion Carried. The City Council considered the applications of Catherine Howard and Caroline Carlson for the Human Relations Commission. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to appoint Catherine Howard and Carolyn Carlson to the Human Relations Commission for terms expiring December 31, 1987. Motion Carried. The City Council considered the recommendation of the Park and Recrea- tion Advisory Commission to appoint Marty Gates as their representa- tive to the Long -Range Planning Commission for the year 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Marty Gates as the Park and Recreation Advisory Commission representative to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered the applications of Gail R. Cove and Robert A. Langerud for the Environmental Quality Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Gail R. Cove and Robert A. Langerud to the Environmental Quality Commission for terms expiring December 31, 1988. Motion Carried. The City Council considered the resignation of John Malnati from the Planning Commission. Moved by Councilmember Herbes and seconded by Councilmember Pygg to accept the resignation of John Malnati from the Planning Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council considered a request from St. Raphael"s Church for a gambling license from the State of R"innesota. No action was taken. The City Council considered a private kennel license for Vicki Lechelt and Ray Baylor at 7024 - 46th Place N. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a request for a private kennel _license for vici Lechelt and Ray Baylor at 7024 -- 46th Place N. Motion carried. 222 18 FEBRUARY 1986 The City Council considered the Second Reading of an ordinance rela- ting to the sigi. c rdinance regarding a 10' clearance on free-stand- ing signs. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following ordinance: ORDINANCE NO. P6-2 AN ORDINANCE RELATING TO SIGNS- REPEALING CRYSTAL CITY CODE, SUBSECTION 406.17, ST?B- DIVISION 2, CLAUSE (D) and further, that this be the second and final reading. Motion Carried. The City Council considered reduction in surety from $37,000 to $12,000 for Bassett Creek Townhouses. Moved by Councilmember Rygg and seconded by Councilmember Herbes to reduce surety from $37,000 to $12,000 for Bassett Creek Townhouses, as recommended by the City Engineer. Motion Carried. The City Council discussed a logo proposal by a Crystal resident. It will be considered when the other logos are presented. The City Council discussed the proposed exercise room and the staff report concerning the matter. Moved by Councilmember Herbes and seconded by Councilmember Moravec to continue the discussion of a proposed exercise room, and to direct the City Attorney to study the proposal further regarding the legal ramifications. Motion Carried. The City Council discussed a possible location of the Crystal Frolics carnival. Moved by Councilmember Smothers that Welcome Avenue between 46th and 47th Avenues North be used for the carnival rides and that the area by Welcome #3 be used for booths by service organizations for one year. Motion Died for Lack of a Second. Moved by Councilmember Herbes and seconded by Councilmember Smothers to notify all residents in the area of Welcome Avenue between 46th and 47th Avenues North that the City Council will discuss the possible location of the Crystal Frolics carnival in that vicinity at the City Council meeting of March 19, 1986. Motion Carried. The City Council discussed the request of the Crystal Lions Club to waive the fees and allow the erection of off -premise, temporary signs to advertise their pancake breakfast at the following locations on March 14, 15 and 16, 1986: Louie's Liquor, 4920 West Broa0way; St. Raphael's Church; residence at 5844 Orchard Ave. N.; and Crystal ILi-- quors, 5924 West Broadway. 18 FEBRUARY 1986 Moved by Councilmember Moravec and seconded by Councilmember Herbes to waive the fees and approve the authorization to issue off -premise temporary sign permits to the Crystal Lions Club to advertise their pancake breakfast at the following locations on March 14, 15, and 16, 1986: Louie's Liquor, 4920 West Broadway; St. Raphael's Church; res- idence at 5844 Orchard Ave. N.; and Crystal Liquors, 5924 West Broad- way. Motion Carried. Greg Peppin, 2716 Lamplighter Lane, appeared before the City Council to discuss the parking ordinance. 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 Lanasdorf to adjourn the meeting. Motion Carried. r' Mayor ATTEST City Cler 223 224 4 MARCH 1986 Pursuant to due call and notice thereof_, the regular meeting of the Crystal City Council was held on March 4, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Ed Brandeen, Director of Parks & Recreation; William Sherburne, City Engineer; Bill Barber, Assistant Building Inspector; Nancy Peno, Administrative Assistant; and Delores Ahmann, 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 meeting of February 18, 1986. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the minutes of the regular Council meeting of February 18, 1986. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Payor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Mark W. Olson for a variance to allow an air conditioner condenser to be located in the side yard of a dwelling at 4231 Hampshire Ave. N. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. Moved by Councilmember Ryqg and seconded by Councilmember Herbes that pursuant to Section 515.55 of the Crystal City Code, to approve the authorization, as recommended by and based on the findings of fact of the Planning Commission, to vary or modify the strict application of Section 515.07, Subd. 5 d), to allow an air conditioner condenser to be located in the side yard of the dwelling at 4231 Hampshire Ave. N., as requested in Application #86-1 of PIark W. Olson. Motion Carried. Mike Bjornberg and Harold Skjelbostad, representatives of BRW, Inc., appeared before the Council to present final plans and specifications for Becker Park and the Becker Park building. Steve Wilson, of the Brutger Companies; Steve Lonqaecker and John Bobleter of the Crystal Fire Relief Association; were also present and heard. Moved. by Councilmember Smothers and seconded by Councilmember Rygg to accept the final plans and specifications for Becker Park, Bass Lake Road parkinq lots, and the Becker Park building, as presented by BRW, Inc., a copy of which is on file in the office of the City Clerk, and further, to authorize the City Manager to cause notice of advertise- ment for bids to be published according to law for the construction of Becker Park, Bass Lake Road parking lots, and the Becker Park build- ing. Motion Carried. 225 4 MARCH 1986 By common consent staff was directed to review the plans for a build- ing proposed by the Crystal Fire Relief Association and Fire Depart- ment for Becker Park. The City Council considered a private kennel license for Vicki Lechelt and Ray Baylor at 7024 - 46th Place North. Debra Lee, representing the proponents, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herpes to approve the private kennel license for Vicki Lechelt and Ray Baylor at 7024 - 46th Place N. Motion Carried. The City Council considered the Second Readinq of an ordinance rezon- ing property at 5-00 Douglas Drive from I-2 to B-4. Moved by Councilmember Ryqa and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. P6-3 AN ORDINANCE RELATING TO ZONING: rHANrING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that this be the second and final reading_. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider pro- jects to be developed under Year XII Community Development Block Grant funds. The Mayor asked those present to voice their opinions or ask questions concerning the use of the funds. Katie Greer, of the Greater Minneapolis Day Care Association, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution: RESOLUTION NO. 86-4 RESOLUTION APPROVING PROPOSED PPO( -PM' FOP YEAR XII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FTTNDS 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 Ilenne- pin County Statement of Objectives and the Housing_ and Community De- velopment Act of 1974, as amended, 226 4 MARCH 1986 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal approves the following proposed program for use of Year XII 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 XII Urban Hennepin County Community Development Block Grant Statement of Objectives and Projected Use of Funds: Housing Rehabilitation - $40,000 Property Acquisition - $44,293 Sliding Fee Day Care Program - $10,000 By roll call and voting aye: Langsdorf, Leppa, Rygg.,.-Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declarQd adopted. Mayor ATTEST: City Clerk The City Council considered bid specifications for tree removal for 1986. John Olson, Assistant City Manager, explained how the bids are tabulated. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the authorization to advertise for bids for tree removal for 1986. Motion Carried. The City Council considered insurance renewal proposals for the 1986- 1987 policy year. Nancy Deno, Administrative Assistant, explained the proposals. Cary Schaich, of the Towle Agency, was also present and heard. Moved by Councilmember Moravec and seconded by Councilmember Herbes to accept the proposal of Tudor Insurance Company for Public Officials' Coverage up to $1,000,000, and to accept the League of Minnesota Cities Insurance Trust proposal for General Liability, Workers Compensation, and Automobile Liability, as presented by staff. Motion Carried. The City Council considered the City Attorney's report regarding in- surance liability for an exercise facility on City property. Moved by Councilmember Moravec and seconded by Councilmember Herbes to direct staff to study other options regarding insurance liability for exercise facilities for City employees, also checking with sur- rounding communities. Motion Carried. The City Council considered the recommendation of the Human Relations Commission to appoint Arlene Hanly as their representative to the Long - Range Planning Commission for the year 1986. 227 4 MARCH 1986 Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Arlene Hanly as the representative of the Human Relations Commission to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered a request to increase fees for swimming pool tickets. Ed Brandeen, Director of Parks and Recreation, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to set the fees for swimming pool tickets as follows: Family season - $32.00 Single Season - $18.00 Daily - $ 1.75 10 swims - $15.00 Dollar Day - $ 1.00 (Thursdays) Motion Carried. Mr. Craig C. Ruschmeyer, Field Representative to Senator Rudy Boschwitz, appeared before the Council to discuss current issues and concerns with the Council. The City Council reviewed Councilmembers' estimated trip expense sheets for Washington, D. C. in March, 19 86. Moved by Councilmember Herbes and seconded by Councilmember Moravec to eliminate the requirement that Crystal elected officials submit a copy of estimated expenses to the full Council prior to a convention or workshop, as set forth in the "Principles or Guidelines for Travel by Crystal Elected Officials" adopted on September 6, 1983. Motion Carried. The City Council considered the agreement between the City Manager and L.E.L.S. Local #44 (Police Officers labor union). Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the agreement with L.E.L.S. Police Officers' Labor Union, Local #44, as presented to the City Council by the City Manager, in a memo to the Council dated February 28, 1986, a copy of which is made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the addition of the plumbing license for Hanson-Kleven Plumbing 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. 4 MARCH 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 229 19 MARCH 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on March 19, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; ?Iilliam Sherburne, City Engineer; Don Peterson, Building Inspector; Nancy Deno, Administra- tive Assistant; and Darlene George, Deputy City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of March 4, 1986. Motion Carried. The City Council considered the following items on the Consent Agenda: 3. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 15, 1986, as the time and date for a public hearing to consider a petition from Harold and Keith Shermer of ShPrmer Construction, requesting the vacation of the east 5' of the west 30' easement of Lots 1 and 2, Rolling Green of Crystal. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the Consent Agenda. Motion Carried. The 2nd and 4th grade Campfire Groups from Sonnesyn Elementary School, appeared before the City Council. Mayor Aaker then proclaimed March 16 to 22, 1986, as Campfire Birthday Week in the City of Crystal. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tenta- tive approval of proposed plat Anderson's Gardendale Acres, located at 3443 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 1, 1986, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Richard G. Thompson of Country Kitchen for a variance of 17 parking spaces in the required 81 parking spaces at 3501 Vera Cruz Avenue North. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 15, 1986, as the time and date for a public hearing to consider tentative approval of proposed plat Emma S. Phillips Addition, located at 6911 Corvallis Avenue North. 3. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 15, 1986, as the time and date for a public hearing to consider a petition from Harold and Keith Shermer of ShPrmer Construction, requesting the vacation of the east 5' of the west 30' easement of Lots 1 and 2, Rolling Green of Crystal. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the Consent Agenda. Motion Carried. The 2nd and 4th grade Campfire Groups from Sonnesyn Elementary School, appeared before the City Council. Mayor Aaker then proclaimed March 16 to 22, 1986, as Campfire Birthday Week in the City of Crystal. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tenta- tive approval of proposed plat Anderson's Gardendale Acres, located at 3443 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. 230 19 MARCH 1986 Moved by Councilmember Herbes and seconded by Councilmember Leppa to grant tentative approval of proposed plat Anderson's Gardendale Acres located at 3443 Douglas Drive. Motion Carried. The City Council considered using Welcome Avenue between 46th and 47th Avenues North as a site for the Crystal Frolics carnival. The follow- ing persons were present and heard: Debbie and Tim Robertus, 4430 Xenia Marlene Altendorf, 4700 Welcome N. Mary & Cyril Soukup, 4736 Xenia Don Toaves, Crystal Fire Dept. Bob Trombley, 4501 Vera Cruz John Berg, 4500 Welcome Ave. N. Mike Adams, 4534 Welcome John Larson, 4321 Welcome Gloria Bunnell, Crystal Police Res. Sharon Scheiller, 4614 Zane Joy Ingman, 4514 Welcome Tom Karnowski, 4532 Doulgas Drive Ron Billstrom, 7816 58th Place Harold Austin, 4641 Xenia Steve Harrison, 4522 Welcome Moved by Councilmember Herbes and seconded by Councilmember Smothers to hold the Crystal Frolics carnival on Welcome Avenue, between 46th and 47th Avenues North, for one year, with restrictions to be recom- mended to the City Council by the Crystal Frolics Committee,'Park & Recreation Advisory Commission, the Police Chief and the City Engineer. Motion Carried. The City Council considered the First Reading of an ordinance rezon- ing property at 5755 West Broadway from P-4 (high density residential) to R -O (residential office). John R. Paulson appeared. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on April 15, 1986. Motion Carried. The City Council considered the First Reading of an ordinance rela- ting to the practice of massage. Moved by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86 - AN O RD IN AN CE RE LAT IN G TO THE P RACT I CE OF MASSAGE; AMENDING CRYSTAL CITY CODE, SUBSECTION 1170.07, 1170.09; REPEALING SUBSECTION 515.37, SUBDIVISION 4 f) 1) and further, that the second and final reading be held on April 15, 1986. Motion Failed for Lack of a Second. 231 19 r2AP CH 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the First Reading of an ordinance relating to the practice of therapeutic massage. Moved by Councilmember Moravec and seconded by Councilmember Smothers to amend the motion to make the license non-transferrable. By roll call and voting aye: Smothers, Moravec, Herbes, Langsdorf, Aaker; voting no: Rygg, Leppa. Amendment Carried. The Mayor then called for a vote on the original motion, as amended. By roll call and voting aye: Herbes, Smothers, Aaker; voting no: Langsdorf, Moravec, Leppa, Rygg. Motion Failed. The City Council considered a request from Pandy Bedell for a condi- tional use permit to allow the construction and operation of a 4 -bay, self-service car wash at 3201 Douglas Drive. Moved by Councilmember Moravec to table the item until April 15, 1986. Motion Failed for Lack of a Second. Moved by Councilmember Smothers and seconded by Councilmember Herbes to continue until April 15, 1986, the discussion of a conditional use permit to allow the construction and operation of a 4 -bay, self-service car wash at 3201 Douglas Drive, as requested in Application #86-4T. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Aaker, Smothers; voting no: Moravec. Motion Carried. The City Council considered the recommendation from the Park & Recrea- tion Advisory Commission to appoint Mark Hoffman, 3307 Zane Ave. N., to the French Park Advisory Council. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Mark Hoffman, 3307 Zane Ave. N., to the French Park Advi- sory Council. Motion Carried. The City Council considered bids for tree removal and tree trimming for 1986. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-5 RESOLUTION AWARDING BID FOR TREE RFI OCTAL 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 13, 1986, and tabulated as follows: 232 19 MARCH 1986 Tim's Tree Service Public Property (elm & oak) $ 5,465.00 Public Property (other) 3,755.00 Trimming 13,299.50 Private Property (elm & oak) 3,320.00 Private Property (other) 2,100.00 Total $27,939.50 AND WHEREAS, Tim's Tree Service, Inc., is the only and apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the bid for removal of public property 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 author- ized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Ry �Herbes, Moravec, Smothers, Aaker. Motion carried, reso tion dec red adopted. f Mayor ATTEST: City Clerk The City Council considered the Planning Commission recommendation for appointments of Jane Elsen, Dave Anderson and PaulOtte Magnuson to the Long -Range Planning Commission. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to appoint Jane Elsen, Dave Anderson and Paulette Magnuson as the representatives of the Planning Commission to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered the appointment of an Assistant Weed In- spector for 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the appointment of Nancy Deno as Assistant Weed Inspector for 1986. Motion Carried. The City Council considered police and fire reports concerning the Iron Horse and other liquor establishments. By common consent, staff was directed to continue to make quarterly police and fire reports of liquor establishments. 19 MARCH 1986 The City Council considered informal bids from planners regarding the Norm Nafstad project. Moved by Councilmember Moravec and seconded by Councilmember Herbes to take no further action until an amended proposal is brought to the Council by Mr. Nafstad. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Smothers, Moravec; voting no: Aaker. 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, with the addition of a sign license for Crystal Little League, with the fee waived, 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 Moravec and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 233 234 1 APRIL 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 1, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff members: John T. Irving, City Manager; Jim Thompson, City Attor- ney's Office; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Nancy Deno, Adminis- trative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the minutes of the regular Council meeting of March 19, 1986, with the following additional sentence added to the fourth paragraph on Page 230: There will be parking allowed on only one side of the street in the surrounding area of Welcome Park. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Richard G. Thompson, of Country Kitchen, for a variance of 17 spaces in the required number of parking spaces at 3501 Vera Cruz Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. Those present and heard were: Richard Thompson of Country Kit- chen. Moved by Councilmember Rygg and seconded by Councilmember Smothers that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 8 v) to grant a variance of 17 parking spaces of the required 81 parking spaces at 3501 Vera Cruz Ave. N., as requested in Variance Application #86-6A, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. The City Council considered a petition requesting a 4 -way stop sign at 34th and Jersey Avenues North. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the authorization to erect a 4 -way stop sign at 34th and Jersey Avenues North. Motion Carried. The City Council considered setting surety in the amount of $53,000 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for Olivet Baptist Church, 3415 Louisiana Ave. N. Tim Gray, representing the church, appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Rygg to set surety in the amount of $53,000, as a guarantee of faithful per- formance of certain work requirements, including the designation and signing of fire lanes, as a condition of building permit approval for Olivet Baptist Church, 3415 Louisiana Ave. N. Motion Carried. 1 235 1 TpPTL 1986 Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve, as recommended by the Planning Commission, the authoriza- tion to issue building permit #7196 to Olivet Baptist Church, 3415 Louisiana Ave. N., for a new aCdition to the existing building, sub- ject to standard procedure; also subject to receipt of surety and signed agreement within 14 days. Motion Carried. The City Council considered the recommendation of the Crystal HRA to appoint Barbara Nemer as their representative to the Long -Range Plan- ning Commission for the year 1986. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Barbara Nemer, as the HRA representative to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered a request from Hennepin County Agricultural Society regarding a donation for the new Hennepin County "Olde Tyme" Fair. Moved by Councilmember Moravec and seconded by Councilmember Rygg to table the matter. Motion Carried. The City Council considered the resignation of Barbara (Bird) Tyler from the Crystal Housing and Redevelopment Authority. Moved by Councilmember Smothers an(' seconded by Councilmember Langsdorf to accept the resignation of Barbara (Bird) Tyler from the Crystal Housing and Redevelopment Authority, and to direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. The City Council considered a request from the Marauder Aquatic Club to rent the Municipal Swimming Pool on a contract basis for off -hours. 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. 86-6 RESOLUTION RELATING TO A CONTPACT BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and the City Manager be authorized to enter into a con- tract with the Marauder Aquatic Club to rent the Municipal Swimming Pool on a contract basis for off -hours for $16.00 an hour and provid- ing they furnish the City with a Certificate of Insurance which will hold the City harmless, AND FURTHER, that the Mayor and City Manager be authorized to sign such contract. 236 1 APRIL 1986 By roll call and voting aye: Lana_sdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declar adopted. r 9 f Mayor" — ATTEST : tel'?� ��'•-�; .:✓��1Y� City Clerk The City Council considered a resolution authorizing the acquisition of certain real property by eminent domain proceedings for streetscape purposes on Bass Lake Road. 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. R6-7 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS WHEREAS, the City of Crystal, acting by and through its City Council, is authorized by law to condemn land for public street and streetscape purposes, and WHEREAS, the City has undertaken certain improvements of Bass Lake Road, which improvements the City deems to be necessary, proper, and expedient, and in the interest of the public health, convenience, and general welfare of the citizens of the City and in aid of the Becker Park - Bass Lake Road Redevelopment Project of the Crystal Housing and Redevelopment Authority, and WHEREAS, efforts to acquire by direct negotiation the necessary rights in the lands affected by said improvements have proved unavail- ing, and WHEREAS, it is necessary, proper, and expedient, and in the in- terest of the public health, convenience, and general welfare of the citizens of the City that title to and possession of the easements hereinafter described be acquired prior to the filing of the final report of the condemnation commissioners to be appointed, and WHEREAS, the City has ordered and received written appraisal re- ports setting forth the damages, if any, that will result on account of the acquisition of the hereinafter described easements, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, that it is necessary, convenient, and in the public inter- est that the permanent and temporary easements described in Attachment One, a copy of which is on file in the office of the City Clerk, and made a part of this resolution as though set forth in full herein, be acquired by eminent domain for street and streetscape purposes. 237 1 APRIL 1986 BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to undertake such proceedings on behalf of the City as are necessary to acquire the land described in said Attachment One by emi- nent domain under the laws of the State of Minnesota, including the use of Minnesota Statutes 117.042 (1984), the so-called "Quick -Take" statute. By roll call and voting aye: Langsdorf, Leppa, Ryg_g, Herbes, Moravec, Smothers, Aaker. Motion carried, resol4igh decla�.�dopted. r Mayor ATTEST: City Clerk The City Council considered a contract with the Communications Clerks Local #320. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a two-year contract with the Communications Clerks Local #320, effective January 1, 1986, with the following conditions of em- ployment: 1. A 4-1/2o across the board increase in salary for each of the two years. 2. A $10.00 increase in the City's participation in hos- pitalization insurance for each of the two years. 3. An increase from 3 to 8 premium paid holidays. 4. Twelve paid holidays which include one floater and Martin Luther King, Jr. Day. 5. The same vacation schedule as the police patrol officers plus the retirement hospitalization plan that all other employees received in 1986. Motion Carried. The City Council reviewed expense vouchers of Mayor Aaker and Council - members Langsdorf, Leppa, Moravec and Herbes, for the Washington, D. C. trip to the Congressional -City Conference in March, 1986. By common consent, the Council directed staff to investigate the possi- bility of using the Knights of Columbus building as a polling place. The Council, by common consent, directed staff to include an article in the City Newsletter regarding cleaning up of property in the City of Crystal. 238 1 APRIL 1986 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 plumbing license for Widmer, Inc., and Murr Plumbing, Inc., and fur- ther, 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. Mption Carried. 1 A 4 yor ATTEST City Clerk 1 15 APRIL 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 15, 1986, 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, Leppa, Herbes, Aaker, Smothers; the following were absent: Rygg, Moravec. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant City Engineer; Don Peterson, Building Inspector; Nancy Deno, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Smothers anO seconded by Councilmember Herbes to approve the minutes of the regular Council meeting of April 1, 1986. 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, May 6, 1986, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Gerald G. Smith for a variance to ex- pand a non -conforming use (said non -conformity being in lot area of 6,300 sq. ft. instead of the required 7,500 sq. ft.) to permit removal of the present 14'x20' garage and the construction of a 301x28' garage at 4731 Xenia Ave. N. 2. To set May 10, 19 86 , from 12:30 P.M. to 3:30 P. M. as the date and time for the annual rabies vaccination clinic at the City Garage. 3. To set April 26, 1986, at 10:00 A.M., as the date and time for the public auction of bicycles and other sur- plus items to be held at the City Garage. 4. To set 7:00 P.M., or as soon thereafter as the matter may be heard, May 6, 1986, as the time and date for a public hearing at which time the City Council will consider tentative approval of proposed plat Larson's Rolling Green of Crystal, located at 5003-11 Angeline Avenue N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the Consent Agenda. Notion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tentative approval of proposed plat Emma S. Phillips Addition located at 6911 Corvallis Ave. N. The Mayor asked those present to voice their opin- ions or ask questions concerning the proposecl plat. No one appeared. 2 15 APRIL 1986 Moved by Councilmember Herbes and seconded by Councilmember Leppa to grant tentative approval of proposed plat Emma S. Phillips Addition, located at 6911 Corvallis Ave. N. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date for the public hearing at which time the City Council will consider a petition from Harold and Keith Shermer of Shermer Construction requesting the vacation of the east 5' of the west 30' easement of Lots 1 and 2, Block 2, Rol- ling Green of Crystal. The Mayor asked those present to voice their opinions or ask questions concerning the vacation. No one appeared. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN PLAT OF ROLLING GREEN OF CRYSTAL and further, that the second and final reading be held on May 6, 1986. Motion Carried. The City Council considered a request from Randy Bedell for a condi- tional use permit to allow the construction and operation of a 4 -bay, self-service car wash at 3201 Douglas Drive. Councilmember Moravec arrived at 7:15 P.M. The following persons were present and heard: Randy Bedell, applicant; Roger Ginsberg, 3200 Edgewood Ave. N.; Mike Halek, 3141 Douglas Drive; Sturgiss Banker, 5541 Xenia; and Terry Lindeen, Special Equipment Co. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve Application #86-4T, as submitted by Randy Bedell of Spot- less Car wash of Crystal, Inc., for a conditional use permit to allow the construction and operation of a 4 -bay, self-service car wash at 3201 Douglas Drive because it would alleviate an eyesore, anO with the conditions that the landscaping along the fence will be done as pro- posed; that the business be attended four hours a day; and that the hours of business on weekends will be no earlier than 8 A.M. nor later than 9 P.M. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to amend the motion to state that an attendant be employed to be on the premises for fifty percent of that day's business hours. By roll call and voting aye: Langsdorf, Moravec; voting no: Herbes, Leppa, Smothers, Aaker; absent, not voting: Rygg. Amendment Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to amend the motion to state that an employed attendant be on duty for six hours minimum every working day. By roll call and voting aye: Moravec, Langsdorf; voting no: Smothers, Leppa, Herbes, Aaker; absent, not voting: Rygg. Amendment Failed. 3 15 APRIL 1986 The Mayor then called for a vote on the original motion. Voting aye: Leppa, Herbes, Smothers; voting no: Langsdorf, Moravec, Aaker; absent, not voting: Rygg. (5 votes need for approval) Motion Failed. The City Council considered a petition to eliminate "No Parking" signs on the east side of Brunswick Avenue between 41st and 42nd and to erect "Residential Parking Only" signs on the east and west side of Brunswick between 41st and 42nd Avenues North. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue until May 6, 1986, the discussion of parking signs on Brunswick Avenue between 41st and 42nd Avenues North. Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property at 5755 West Broadway from R-4 to R -O. John Paulson, applicant, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 86-4 AN ORDINANCE RELATING TO ZONING: CHANGING THF USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. The City Council considered a request from John R. Paulson for a con- ditional use permit to allow the construction of an elderI_y senior citizen housing project at 5755 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve Application #86-3, as submitted by John R. Paulson, as recommended by and based on the findings of fact of the Planning Com- mission, for a conditional use permit to allow construction of an elderly senior citizen housing project at 5755 West Broadway. Motion Carried. The City Council considered a request from Witcher Construction Com- pany for a building permit for remodeling the interior, new exterior canopy and refinishing the exterior block of Target located at 5537 West Broadway. Dennis Anderson, architect with Target Stores, and Sturgiss Banker, 5541 Xenia, were present anO heard. Moved by Councilmember Moravec and seconded by Councilmember Leppa to approve, as recommended by the Planning Commission, the authori- zation to issue building permit #7299 to Witcher Construction Company for remodeling the interior, new exterior canopy and refinishing the exterior block of Target located at 5537 West Broadway, subject to standard procedure. Motion Carried. I 15 APRIL 1986 The City Council considered a recommendation from the Environmental Quality Commission for an amendment to the garbage and refuse ordi- nance. Moved by Councilmember Smothers and seconded by Councilmember Leppa to table the discussion of an amendment to the garbage and refuse ordinance until someone from the Environmental Quality Commission can be present at the meeting. Motion Carried. The City Council considered bids for Becker Park shelter and construc- tion of parking lots, and demolition of the remaining HRA -owned build- ings. Mike Bjornberg, Project Architect for BRI!; and Kim Waldorf, Project Engineer; were present and heard. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: RESOLUTION NO. 86-8 RESOLUTION AWARDING BID FOR BECKER PARK SHELTER BUILDING WHEREAS, the City of Crystal did advertise for bids for the Becker Park shelter building,, and WHEREAS, such bids were received and publicly opened on April 9, 1986, and tabulated as follows: W. C. Cates Construction $439,000.00 C.K.C. Construction $520,000.00 Morcon Construction $593,000.00 Glanton Construction $599,962.00 NOW, TITERErORE, BE IT RESOLVED that the City of Crystal, after considering the alternates and the final cost of the shelter building, as proposed by all the bidders, the cost of the building is approved at $399,954.00 and the Council awards the contract for the construc- tion of the building to W. C. Cates Construction, Inc., in the amount of $399,954.00. BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. ATTEST: �J City Clerk May o r'' 5 15 APRIL 1986 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. 86-9 RESOLUTION AWARDING A CONTRACT FOR BECKER PARK IMPROVEMENTS, BASS LAKE ROAD PARKING LOTS, HAMP- SHIRE AVENUE NORTH IMPROVEMENTS WHEREAS, the city of Crystal did advertise for bids for Becker Park Improvements, Bass Lake Road Parking Lots, and Hampshire Avenue North Improvements, and WHEREAS, such bids were received and publicly opened on April 9, 1986, and tabulated as follows: Hardrives, Inc. $897,471.80 Matt Bullock Contracting Co., Inc. $899,148.60 Central Landscaping, Inc. $933,813.54 AND WHEREAS, Hardrives, Inc., is the apparent lot bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for Becker Park Improvements, Bass Lake Road Parking Lots, and Hampshire Avenue North Improvements, to Hardrives, Inc., in the amount of $897,471.80, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: R gg. Motion carried, resolu- tion declared adopted. Mayor ATTEST: City Clerk The City Council considered a request for a feasibility report for Bassett Creek Improvement Project No. 66-C, and to set a public hearing. Moved by Councilmember Herbes and seconded by Councilmember Moravec to request a feasibility report for Bassett Creek Improvement Project No. 66-C. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to accept the feasibility report for Bassett Creek Improvement Project No. 66-C. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Herbes to set 7:00 P.M., or as soon thereafter as the matter may be heard, May 13, 1986, as the ti_"le and date for a public hearing to consider Bassett Creek Improvement Project No. 66-C. Motion Carried. L 15 APRIL 1986 The City Council considered a request for a feasibility report for Seal Coat Improvement Project No. 66-8. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept the feasibility report for Seal Coat Improvement No. 66-B. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to set 7:00 P.M., or as soon thereafter as the matter may be heard, May 6, 1986, as the time and date for a public hearing to consider Seal Coat Improvement No. 66-8. Motion Carried. The City Council considered a recommendation to close the ski hill at Valley Place Park. Sturgiss Banker, 5541 Xenia, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to close the ski hill at Valley Place Park because the insurance rates are prohibitive and the number of persons using it does not warrant it. Motion Carried. The City Council consiOered employee wellness programs. Sturgiss Banker, 5541 Xenia, was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Herbes that all full-time employees, including Fire Department volunteers, receive $100.00 a year towards participation in an approved health club upon showing of membership payment and active participation, effective January 1, 1986. By roll call and voting aye: Langsdorf, Leppa, Herbes, Smothers, Aaker; voting no: Moravec; absent, not voting: Rygq. Motion Carried. Roved by Councilmember Herbes and seconded by Councilmemher Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. R6-10 RESOLU'T'ION RELATING TO A WELLNESS PROGRAM FOR CITY EMPLOYEES WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to authorize the subsidy of $100.00 per year, effective January 1, 1986, for each full-time employee of the City and volunteers of the City of Crystal Fire De- partment, to be used towards membership in an approved health club, providing, however, that each employee shows proof of membership and participation, and WHEREAS, the cost of such subsidy is estimated_ to be approximately $15,000 for the year 1986, 7 15 APRIL 1986 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to authorize the disbursement of approximately $15,000.00 for the above-named subsidies from the Permanent Improvement Account of the Permanent Improvement Revolving Fund, and BE IT FURTHER RESOLVED that in the future the monies will be appropriated for this purpose through the normal budgeting process. By roll call and voting aye: Langsdorf,,Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion -carried, resolution declared adopted. - r Mayor ATTEST : City Clerk The City Council considered bids for street maintenance materials. 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. 86-11 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 9, 1986, and tabulated as follows: TACK OIL Koch Asphalt Co. BITUMINOUS PATCHING MIXTURE (Sand) (5.00 oil) AT PLANT DELIVERED C. S. McCrossan, Inc. $18.00/ton Bury & Carlson, Inc. 20.30 Bituminous Roadways, Inc. 20.56 Midwest Asphalt Corp. 22.45 BITUMINOUS PATCHING MIXTURE (Sand) (5_5o Oil) C. S. McCrossan, Inc. $18.90/ton Bituminous Roadways, Inc. 21.50 Bury & Carlson, Inc. 21.75 Midwest Asphalt Corp. 23.45 $1.25/Gal. 15 APRIL 1986 BITUMINOUS PATCHING MIXTURE (3/8") (5.0o Oil AT PLANT C. S. McCrossan, Inc. $18.00/ton Commercial Asphalt Co. 18.55 Bury & Carlson, Inc. 20.30 Bitumunious Roadways, Inc. 20.56 Midwest Asphalt Corp. 22.45 BITUMINOUS PATCHING MIXTURE ( 3/4") (5.0% Oil C. S. McCrossan, Inc. $16.35/ton Commercial Asphalt Co. 18.05 Bury & Carlson, Inc. 19.85 Bituminous Roadways, Inc. 21.00 Midwest Asphalt Corp. 22.45 BITUMINOUS PATCHING MIXTURE (Winter Mix) C. S. McCrossan, Inc. $26.00/ton Midwest Asphalt Corp. 35.00 Bituminous Roadways, Inc. 47.55 DELIVERED SAND AT PIT DELIVERED Barton Sand & Gravel Co. $2.25/ton $4.40/ton J. L. Shiely Co. 4.37 6.67 CLASS 5 GRAVEL Barton Sand & Gravel Co. $2.60/ton $4.75/ton Bury & Carlson, Inc. 3.00 J. L. Shiely Co. 4.27 6.57 GRANULAR MATERIALS Barton Sand & Gravel Co. J. L. Shiely Co. $1.40/ton 4.37 AND WHEREAS, C. S. McCrossan, Inc. is the apparent low bidder for Bituminous Patching Mixture (Sand) (5.0o Oil), (Sand) (5.5o Oil), (3/8") (S.Oo Oil), (3/4") (5.0o Oil), and (Winter Mix); and Koch As- phalt Co. is the apparent low bidder for Tack Oil; and Barton Sand & Gravel Co. is the apparent low bidder for Sand, Class 5 Gravel, and Granular Materials, 1 NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for Tack Oil at $1.25 per gallon delivered to Koch Asphalt Company; for Bituminous Patching Mixture (Sand) (5.0o Oil) at $18.00 per ton, Bituminous Patching Mixture (Sand) (5.5o Oil) at $18.90 per ton, Bituminous Patching Mixture (3/8") (5.0o Oil) at $18.00 per ton, Bituminous Patching Mixture (3/4") (5.0o Oil) at $16.35 per ton, Bi- tuminous Patching Mixture (Winter Mix) at $26.00 per ton to C. S. McCrossan, Inc.; for Sand at $2.25 per ton At Pit and $4.40 per ton Delivered, for Class 5 Gravel at $2.60 per ton At Pit and $4.75 per ton Delivered, and for Granular Materials at $1.40 per ton At Pit to Barton Sand & Gravel Company, anO E 15 APRIL 1986 BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contracts. By roll call and voting aye: Lanqsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygq. Plotion carried, resolution declared adopted. Mayor ATTEST: City Clerk. The City Council considered a petition for a 2 or 4 -way stop sign at the intersection of 44th and Zane Avenue North. Bruce Lundquist, 4361 Zane Ave. N., was present and heard. Moved by Councilmember Smothers to direct staff to install two-way stop signs at the intersection of 44th and Zane Avenues North, as requested on a petition submitted by the residents. Motion Carried. The Mayor called a recess at 9 P.M. and reconvened the meeting at 9:10 P.M. The City Council considered a resolution regarding a Performing Arts Fund. 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. 86-12 RESOLUTION RELATING TO FUND DRIVE FOR "PERFORMING ARTS IN THE PAPE" WHEREAS, the City of Crystal currently plans to open a completely renovated Becker Park during the summer of 1987, including a modern outdoor entertainment center for the public's enjoyment of the perform- ing arts, and WHEREAS, this outdoor entertainment center can become the focal point of activities not only in Becker Park, but for the entire City of Crystal, and WHEREAS, it is the intention of the Mayor and City Council of the City of Crystal that high quality presentations of the performing arts be scheduled for the new outdoor entertainment center in Becker Park on a regular, at least weekly, basis for the enjoyment and entertain- ment not only for the citizens of Crystal, but for all residents of the northwest suburban area, and 10 15 APRIL 1986 WHEREAS, such a program can only enhance the quality of life for those living in the City of Crystal, increase traffic in and around the City's central business district and provide an outlet for increased cultural awareness through music, drama and dance, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Crystal undertake a fund drive to be known as "Perform- ing Arts in the Park", and urge all individuals, organizations, and business firms to participate in funding this important activity, and BE IT FURTHER RESOLVED that the Mayor and City Council establish a citizen's committee to undertake and implement the "Performing Arts in the Park" program as a part of the City's park and recreation pro- gram, and BE IT FURTHER RESOLVED that copies of this resolution, along with a letter from the Mayor, be sent to all interested business firms and organizations, and that the resolution be published in the North Hennepin Post. By roll call and voting aye: Langsdorf, Leppa, Herhes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion.Carrie, resolution declared adopted. Mayo r ATTEST: City Clerk The City Manager explained a gift received from the family of Beatrice Ford. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept the donation of $325.00 from Diana Guist in memory of Beatrice Ford, and further, to take the recommendation of the Park and Recreation Advisory Commission and use the donation to build and install a covered park bench in Bassett Creek Park at the intersection of 29th Place and Zane Ave. N.. in_1s. Ford's memory. Lotion Carried. 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 Herbes and seconded by Councilmember Smothers to adjourn the meeting. I Motion Carried. ATTEST : City Clerk Mayor— 6 MAY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on May 6, 1986, 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, Leppa, Herbes, Aaker, Moravec, Smothers; the following were absent: Rygg. Also present were the following staff members: John T. Irving, City Mana- ger; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant 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 meeting of April 15, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular meeting of the City Council held on April 15, 1986. Motion Carried. The City Council considered the Consent Agenda which consisted of the following item: To set 7:00 P.M., or as soon thereafter as the matter may be heard, May 20, 1986, as the time and date for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from L. E. Newman for a variance in lot width to build a 6'x_12' mud room, a 12'x14' deck, and a 2'x5' fireplace at 6535 - 44th Ave. N. Moved by Councilmember Moravec 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a reque�t from Gerald G. Smith for a variance to expand a non -conforming use (said non -conformity being in lot area of 6,300 sq. ft. instead of the required 7,500 sq. ft.) to permit the removal of the present 14'x20' garage and the con- struction of a 281x30' garage at 4731 Xenia Ave. N. The Mayor asked those preseritto voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Smothers that 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 the removal of the present 14'x20' garage and the construction of a 28'x30' garage at 4731 Xenia Ave. N., as recommended by and based on the findings of fact of the Planning Commission, and as requested in Application #86-10 of Gerald G. Smith. Motion Carried. 12 6 MAY 1986 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council considered tentative ap- proval of proposed plat Larsons Rolling Green of Crystal, located at 5003-5011 Angeline Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Leppa to grant tentative approval of proposed plat Larsons Rolling Green of Crystal, located at 5003-5011 Angeline Ave. N. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider Seal Coat Improvement Project No. 66-8. The Mayor asked those present to voice their opinions or ask questions concerning the improvement. Those present and heard were: Hugh Gillespie, 3516 Georgia John Palmer, 2966 Kentucky Ken Dubel, 3524 Georgia Sturgiss Banker, 5541 Xenia John Anderson, 3517 Zane Ryan Schroeder, 3356 Utah Hugh Munns,6611 Markwood Drive Sue Tracy, 2952 Georgia 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. 86-13 RESOLUTION ORDERING IN THE CONSTRUCTION OF SEALCOAT IMPROVEMENT NO. 66-B WHEREAS, it has been proposed to proceed with Sealcoat Improve- ment No. 66-B, 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 Crys- tal, Minnesota, that all of the improvements be and the same are or- dered constructed as set out in the Notice of Public Hearing, published in The North Hennepin Post April 24 and May 1, 1986, which hearing was held on May 6, 1986, 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. 66-B, shall be hereinafter designated Sealcoat Improvement No. 66-B, and 13 6 MAY 1986 IT IS FURTHER RESOLVED that the entire cost of the above desig- nated improvement, including the cost of engineering, interest dur- ing 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 Seal - coat Improvement No. 66-B, as set forth in this Resoltuion, 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. 66-B. By roll call and voting aye: Langsdorf, Aaker; absent, not voting: Rygg. Motip adopted. ATTEST: City Clerk Leppa, Herbes, Moravec, Smothers, n carried, resolution declared Mayor The City Council considered a petition regarding parking restrictions on Brunswick Avenue between 41st and 42nd Avenues North. Harold Lathrop, 4150 Brunswick; and Richard Olejar, 4100 Brunswick, were present and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to remove the present "No Parking" signs and replace them with "No Parking Between the Hours of 7 A.M. and 10 A.M., Monday through Fri- day" signs on the east side of Brusnwick Avenue abutting the homes between 41st and 42nd Avenue North. Motion Carried. The City Council considered the authorization to advertise for bids for a streetscape on Bass Lake Road in the redevelopment area. Mr. Harold Skjelbostad, of BRW, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to advertise for bids for streetscape on Bass Lake Road in the redevelopment area. Motion Carried. The City Council considered a letter requesting "No Parking" signs on the south side of 45th Avenue from Douglas Drive to Florida Ave. N. By common consent, the City Council directed staff to request Mr. Van Housen to circulate a petition in the neighborhood regarding his re- quest. The City Council considered setting surety in the amount of $35,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for 5755 West Broadway. 14 6 MAY 1986 Moved by Councilmember Moravec and seconded by Councilmember Herbes to set surety in the amount of $35,000, as a guaranty of faithful perfor- mance of certain work requirements as a condition of issuance of a building prmit for an apartment building at 5755 West Broadway, as recommended by the Assistant City Engineer. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to accept surety in the amount of $35,000, as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for a senior citizen apartment building at 5755 West Broadway. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to enter into agreement with John R. Paulson for the purpose of guar- anteeing faithful performance for certain work requirements as a condi- tion of issuance of a building permit for a senior citizen apartment building, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a building permit to build a senior citizen apartment building at 5755 West Broadway, as requested by John Paulson. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the authorization to issue building permit #7304 to John R. Paulson of Cambridge Apartments, Inc., for a 169.9'x126.2' senior citi- zen apartment building located at 5755 West Broadway, subject to stan- dard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered a resolution to refinance the tax incre- ment bond issue. Mr. Dick T reptow, of Springsted, Inc., was present and heard. Moved by Councilmember Moravec and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-14 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,865,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota (City) as follows: Section 1. Findings: Purpose. 1.01. The City is authorized by the provisions of Minnesota Sta- tutes, Chapter 475 (Act) and Section 475.61 of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council to be necessary and desirable for the reduction of interest cost and the adjustment of maturities of out- standing issues of bonds. 6 MAY 1986 1.02. It is hereby found and determined that it is necessary and desirable for the reduction of interest cost and the adjustment of ma- turities of bonds that the City issue its general obligation refund- ing bonds to refund in advance of their maturities certain outstand- ing general obligations of the City. Section 2. Refunded and Refunding Bonds. 2.01. The outstanding bonds to be refunded (Refunded Bonds) con- sist of $5,865,000 General Obligation Tax Increment Bonds, Series 1985A, dated April 1, 1985, of which the total in principal amount is outstand- ing 2.02. To provide moneys to refund the Refunded Bonds in advance of maturity, the City shall issue and sell its $5,751,000 General Ob- ligation Tax Increment Refunding Bonds, Series 1986A (Refunding Bonds). Additional Refunding Bonds representing additional interest in the amount of $114,000 shall also be issued and sold as authorized by Sec- tion 475.56 of the Act. Any amount in excess of $5,751,000 recieved as the purchase price of the Refunding Bonds shall be deposited in the debt service fund for the Refunding Bonds. The $5,865,000 Refunding Bonds shall be issued, sold and delivered in accordance with the terms and conditions of the following Official Terms of Offering: OFFICIAL TERMS OF OFFERING $5,865,000 CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A Sealed bids for the Bonds will be opened by the City Manager or his designee on Tuesday, June 3, 1986, at 12:00 Noon, Central Time, at the office of Springsted, Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated July 1, 1986, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1987. Interest will be computed upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in integral multiples of $5,000, of a single maturity, as requested by the Purchaser, and fully registered as to principal and interest. Principal will be pay- able at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th of the calendar month next pre- ceding the interest payment. The Bonds will mature February 1 in the amounts and years as follows: 16 6 MAY 1986 $110,000 1992 $270,000 1997 $380,000 2001 $490,000 2005 $200,000 1993-1994 $295,000 1998 $400,000 2002 $475,000 2006 $225,000 1995 $315,000 1999 $490,000 2003 $460,000 2007 $245,000 1996 $360,000 2000 $505,000 2004 $445,000 2008 The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1997. Redemption may be in whole or in part of the Bonds subject to prepay- ment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment in- come to be received from the City's Bass Lake Road -Becker Park Redevelop- ment District. The proceeds will be used to refund in advance of their stated maturities all of the City's outstanding bonds of its $5,865,000 General Obligation Tax Increment Bonds, Series 1985A, dated April 1, 1985. TYPE OF BID A sealed bid for not less than $5,751,000 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned -- prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $58,650, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED, Incorporated, the City's Financial Ad- visor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be with- drawn after the time set for opening bids, unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of to . No rate for any maturity shall be more than to lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AnOmd The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to, the total dol- lar interest on the Bonds from their date to their final scheduled ma- turity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be control- ling. 17 6 MAY 1986 The City will reserve the right to: (i) waive non -substantive infor- malities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) re- ject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identifi- cation numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfac- tory to the City and the Purchaser. Delivery will be subject to re- ceipt by the Purchaser of an approving legal opinion of LeFevere, Lef- ler, Kennedy, O'Brien & Drawz, a Professional Association of Minne- apolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in fed- eral, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue state- ment of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Statement. Dated May 6, 1986 BY ORDER OF THE CITY COUNCIL /s/ Delores Ahmann City Clerk 6 MAY 1986 3. The City Clerk is authorized and directed to advertise the Refunding Bonds for sale in accordance with the foregoing notice of sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The Council shall meet on Tuesday, June 3, 1986, at 7:00 o'clock P.M. for the pur- pose of considering the bids on the Refunding Bonds and taking any other appropriate action. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. i "z/ ±i , Mayor ATTEST: City Clerk NOTICE OF SALE $5,865,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA Exhibit A NOTICE IS HEREBY GIVEN that sealed bids for the Bonds will be opened by the City Manager or his designee on Tuesday, June 3, 1986, at 12:00 Noon, C.T., at the office of Springsted, Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., C.T., of the same day. Dated July 1, 1986, the bonds will bear interest payable February 1 and August 1 of each year commencing February 1, 1987 and will mature on February 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1992 $110,000 2001 $380,000 1993 200,000 2002 400,000 1994 200,000 2003 490,000 1995 225,000 2004 505,000 1996 245,000 2005 490,000 1997 270,000 2006 475,000 1998 295,000 2007 460,000 1999 315,000 2008 445,000 2000 360,000 The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1997. 19 6 MAY 1986 Interest will be payable on February 1, 1987, and semiannually there- after. The bonds will be issued in fully registered form. No rate of interest nor the net effective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Minimum price, $5,751,000. An unqualified legal opinion will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The purpose of the bonds is to provide funds to refund in advance of maturity certain outstanding general obliga- tion bonds of the City. Bidders should be aware that the Official Terms of Offering to be published in the Official Statement for the Bonds may contain addi- tional bidding terms and information relative to the issue. In the event of a variance between statements in this Notice of Sale and said Official Terms of Offering, the provisions of the letter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Delores Ahmann — Dated: May 6, 1986. City Clerk The City Council considered a request for a second free-standing sign on West Broadway for the Crystal Galleries, 5510-5590 West Broadway. Moved by Councilmember Moravec and seconded by Councilmember Herbes to continue the discussion of a request for a second free-standing sign on West Broadway for the Crystal Galleries, 5510-5590 West Broad- way, until the next regular Council meeting. Motion Carried. The City Council considered the application of Vincent Kieffer for appointment to the Long -Range Planning Commission, as a citizen member, for the year 1986. Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Vincent Kieffer as a citizen member to the Long -Range Planning Commission for the year 1986. Motion Carried. The City Council considered the applications of Tom Davis and Paul K. Schulte for appointment to the Northwest Hennepin Human Services Coun- cil. Moved by Councilmember Moravec and seconded by Councilmember Smothers to appoint Paul Schulte to the Northwest Hennepin Human Services Council as a representative of Crystal for a term expiring December 31, 1988. Motion Carried. The City Council considered a recommendation from the Environmental Quality Commission for an amendment to the garbage and refuse ordinance. Bob Rasmussen, Chair of the Commission, was present and heard. Also present and heard was Sturgiss Banker, 5541 Xenia Ave. N. 20 6 MAY 1986 By common consent, the City Council requested staff to invite the gar- bage and refuse haulers, who service residential areas and who would be affected by the proposed amendment, and the members of the Environ- mental Quality Commission to the June 3 Council meeting, and further, to send them a copy of the proposed ordinance. The Mayor called a recess at 9:09 P.M. and reconvened the meeting at 9:19 P.M. The City Council considered an amendment to Article X of the Crystal Fire Department Relief Association By -Laws, as recommended by the Re- lief Association. Don Toays was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the following amendment to Article X of the Crystal Fire Department Relief Association By -Laws, as recommended by the Associa- tion: ssocia- tion: ARTICLE X General Trust Fund Section 1. Benefit. Whenever any member of the Association in good standing dies, retires or resigns from the Crystal Fire Depart- ment, they or their beneficiary shall be entitled to receive a lump sum payment from the general trust fund. As each member completes ten active years of service on the Department, that member shall be en- titled to receive $196:99 $150.00 for each completed year of service or the sum of 4�1s999799 $1,500.00. The member shall also receive $169-69 $150.00 per year for each completed year thereafter up to and including 20 years, providing that the members of the Association con- tinue to earn sufficient funds to support said trust fund. Said pay- ment will be made to the member upon acceptance by the Board of Trustees of the member's letter of resignation, or, in case of a member's death, the Board is authorized to pay the beneficiary after receipt of proof of death. Section 2. General Trust Fund. As each member completes the tenth year of service, the Board of Trustees will provide for the trans- fer of $17996799 $1,500.00 from the General Fund to the General Trust Fund to the credit of the specific member. As each member who has completed ten years of service on the Department completes each addi- tional year of service thereon, the Board shall provide for the trans- fer of an additional $199799 $150.00 from the General Fund to the Gen- eral Trust Fund to the credit of the specific member. No withdrawals from the General Trust Fund whatsoever, may be made for any purpose but for the payment of the benefits described above or the investment and reinvestment of the funds. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- ting the east 5 feet of the west 30 foot easements on Lots 1 and 2, Block 2, Rolling Green of Crystal. 21 6 MAY 1986 Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86-5 AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Council considered the First Reading of an ordinance rela- ting to building construction; amending Crystal City Code, Subsection 400.07. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO BUILDING CONSTRUCTION; AMENDING CRYSTAL CITY CODE, SUBSECTION 400.07 and further, that the second and final reading be held on May 20, 1986. Motion Carried. The City Council considered the fee for special assessment searches. Moved by Councilmember Herbes and seconded by Councilmember Leppa to increase the fees for special assessment searches to $10 each, and $12.50 each, if billed. Motion Carried. The City Council considered a temporary salary adjustment for the Assistant City Engineer. Moved by Councilmember Moravec and seconded by Councilmember Herbes to increase the salary of the Assistant City Eng_Lneer by $200.00 per month, beginning May 1, 1986, until a new City Engineer is hired for the City of Crystal, to compensate for the added work and responsi- bility. Motion Carried. The City Council considered a contract with Law Enforcement Labor Services Local #56. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve an agreement with L.E.L.S. Local #56, having the same, new conditions of employment as was approved in the agreement with L.E.L.S. Police Officers' Labor Union Local #44, on March 4, 1986, and further, that it be a two-year contract, retroactive to January 1, 1986. Motion Carried. The City Council considered a resolution approving classification of certain tax -delinquent property. 22 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. 86-15 RESOLUTION APPROVING CLASSIFICATION OF CERTAIN TAX -DELINQUENT PROPERTY WHEREAS, the City Council of the City of Crystal, has received from the County of Hennepin, a list of lands in said municipality which became the property of the State of Minnesota, for non-payment of real estate taxes, namely: P.I.D. #09-118-21-24-0015, and WHEREAS, each parcel of land described in said list has hereto- fore been classified by the Board of County Commissioners of Henne- pin County, Minnesota, as non -conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners, NOW, THEREFORE, BE IT RESOLVED by said City Council, acting pur- suant to Minnesota Statutes 282, that the said classification by said Board of County Commissioners of each parcel of land described in said list as non -conservation land be and the same is hereby approved, and that the sale of each parcel of land be and the same is hereby approved. By roll call and voting aye: Langdorf, Herbes, Lep , Moravec, Smo- thers, Aakern absent, not voting: Rygg.�,Motion rried, resolution declared adopted. Mayor' ATTEST: City Clerk The City Council considered a petition for a 4 -way stop sign at 54th and Vera Cruz Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Herbes to direct staff to erect a four-way stop sign at 54th and Vera Cruz Ave. N. Motion Carried. The City Council considered a request from the New Hope -Crystal Swim Club for use of the pool for a State tournament on August 1, 2 and 3, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the request from the New Hope -Crystal Swim Club for use of the pool for a State tournament on August 1, 2, and 3, 1986. Motion Carried. 23 6 MAY 1986 The City Council considered the Mayor's recommendation for appointment to the Crystal Housing and Redevelopment Authority for an unexpired term ending February 1, 1987. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to approve the Mayor's recommendation to appoint Peter Meintsma to the Crystal Housing and Redevelopment Authority for an unexpired term ending February 1, 1987. By roll call and voting aye: Smothers, Moravec, Langsdorf, Leppa, Aaker; voting no: Herbes; absent, not voting: Rygg. Motion Carried. The City Council considered a recommendation from the Park and Recrea- tion Advisory Commission regarding parking restrictions for the Frolics. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve the recommendations, as presented by the Park and Recrea- tion Advisory Commission, regarding parking restrictions for the Frolics. Motion Carried. The City Council considered the recommendation of the Park Director regarding a gift from Olivet Baptist Church. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the authorization to accept the check in the amount of $100 from Olivet Baptist Church and purchase a portable tape radio system for the Senior Center at Thorson Community Center, as recommended by the Park Director. Motion Carried. The City Council considered the Forester's recommendation regarding the license for Woodland Tree Service. Moved by Councilmember Moravec and seconded by Councilmember Herbes to direct the City Manager to notify Woodland Tree Service that a hearing will be held at the next regular Council meeting regarding their application for a tree trimmer's license. Motion Carried. The City Council considered new drawings of a proposed City logo. Moved by Councilmember Smothers to select the one with the two "C's" in the top row. Motion Died for Lack of a Second. Moved by Councilmember Leppa and seconded by Councilmember Herbes to select the one presented by a resident of the City. By roll call and voting aye: Leppa, Herbes, Smothers; voting no: Langsdorf, Moravec, Aaker; absent, not voting: Rygg. Motion Lost. Moved by Councilmember Langsdorf to select the logo with the square "C" on the bottom row, far right. Motion Died for Lack of a Second. 24 6 MAY 1986 Moved by Councilmember Moravec and seconded by Councilmember Smothers to select the logo with a diamond design with a "C". By roll call and voting aye: Smothers, Moravec; voting no: Langs- dorf, Leppa, Herbes, Aaker; absent, not voting: Rygg. Motion Failed. Moved by Councilmember Smothers and seconded by Councilmember Moravec to continue the discussion of a City logo until we have a full Council present. By roll call and voting aye: Langsdorf, Leppa, Herbes, Smothers, Aaker; voting no: Moravec; absent, not voting: Rygg. 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor 13 MAY 1986 Pursuant to due call and notice thereof, a Special meeting of the Crys- tal City Council was held on May 13, 1986, at 7:00 P.M., at 4141 Doug- las Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Leppa, Rygg, Herbes, Aaker, Moravec; the following were absent: Smothers. Also present were the following staff members: John T. Irving, City Mana- ger; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant City Engineer; Nancy Deno, Administrative Assis- tant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. It being 7:00 P.M., Mayor Aaker declared this was the time and date for the public hearing at which time the City Council would hear and consider all oral and written arguments both for or against proposed Storm Sewer Improvement No. 66-C. Mr. William Sherburne, former City Engineer, and Mr. Len Kremer, of Barr Engineering Company, explained the proposal. Maps were shown of the lands lying in the Bassett Creek Watershed, which is the area proposed to be assessed. The Mayor asked those present to voice their opinions or ask questions regarding the proposed project. Those present and heard were: Ken Dubel, 3524 Georgia Ave. N. Mr. & Mrs. Bob Jones, 6802 - 36th Andy Rusinko, 3418 Brunswick Hugh Munns, 6611 Markwood Drive Moved by Councilmember Herbes and seconded by Councilmember Rygg to close the public hearing. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 25 26 20 MAY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on May 20, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant 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. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the minutes of the regular Council meeting of May 6, 1986, and the Special meeting of May 13, 1986. Motion Carried. The Council considered the following Consent Agenda: To set 7:00 P.M., or as soon thereafter as the matters may be heard, June 3, 1986, as the date and time for public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to consider the following: 1. A request from Jeffrey L. Johnson for a variance of l' in the required 40' rear yard setback for a 12' addition to existing garage at 5725 - 34th Ave. N. 2. A request for a variance of 16.1' in the required 40' rear yard setback for a 12'x16' deck at 5600 Regent Ave. N. 3. A request from Superamerica for a variance in the required 25' front yard setback to expand a non- conforming use (said non -conformity being square footage of the site), and a variance in the required number of parking spaces to construct an addition at 5359 West Broadway. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 17, 1986, as the time and date for the public hearing at which time the City Council will consider tenta- tive approval of proposed plat Crystal Northwest Properties Addition, located at 5200 Douglas Drive. To consider an application to the State of Minnesota from the Cystic Fibrosis Foundation for a gambling license at Nicklow's. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the Consent Agenda. Moved by Councilmember Smothers and seconded by Councilmember Herbes to remove the item regarding the Cystic Fibrosis Foundation application 27 20 MAY 1986 for gambling from the Consent Agenda and request a representative of the organization to appear at the next regular Council meeting to answer questions relating to their application. Amendment Carried. Voting on the original motion, as amended, all voted aye. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from L. E. Newman for a variance in lot width (existing lot being 56.34'; required 60') to build a 6'x12' mud room, a 12'x14' deck, and a 2'x5' fireplace at 6535 - 44th Ave. N. 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 approve the authorization to grant a variance pursuant to Section 515.15, Subd. 2 a) to build a 6'x12' mud room, 12'x14' deck, and a 21x5' fireplace at 6535 - 44th Ave. N., as requested in Application #86-13T. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date for the public hearing at which time the City Council would consider a request for a tree trimming license for Woodland Tree Service, 5320 West 60th Street, Minneapolis. The Mayor asked those present to voice their opinions or ask questions concerning the license. Mr. Thomas Tindall, 5212 Winnetka Ave. N., owner, was present and heard. Moved by Councilmember Smothers to deny the request for a tree trim- minq license for Woodland Tree Service. Motion Died for Lack of a Second. Mr. Bill Dinesen, City Forester, appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Moravec to deny the request of Woodland Tree Service for a license for the year 1986, as recommended by the City Forester in his memo to the Park and Recreation Director dated April 2R, 1986, and in his memo to the City Manager dated May 1, 1986, and based on those findings. By roll call and voting aye: Smothers, Moravec, Leppa, Langsdorf, Raker; voting no: Herbes, Pegg. Motion Carried. The City Council considered a petition for a 4 -way stop sign at 45th and Florida Avenue. Mr. Bruce Johnson, 6526 - 45th Avenue North, was present and heard. After discussion, the following motion was made: 20 MAY 1986 Moved by Councilmember Moravec and seconded by Councilmember Leppa to continue the discussion of the request for a 4 -way stop sign at 45th and Florida until the petitioners return with a petition stating exactly what is requested and signed by the majority of property owners in that vicinity. Motion Carried. The City Council considered a petition to add two stop signs at the intersection of 38th and Yates Ave. N., stopping north -south traffic. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the request to add two stop signs at the intersection of 38th and Yates Ave. N., stopping north -south traffic. Motion Carried. The City Council considered a request from Anthony's Shopping Center for an additional free-standing sign at 5311 - 36th Ave. N. Jack Lawrence, Signcrafters, and Charles Pugh, were present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve an additional free-standing sign at Anthony's Shopping Center, 5311 - 36th Ave. N. Motion Carried. The City Council considered the First Reading of an ordinance amend- ing the City Zoning Code to allow day care as a permitted use in a B-4 District (community commercial) . Marty Cermick of Lincoln Proper- ties, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that the second and final reading be held on June 3, 1986. Motion Carried. The City Council considered a request for a second free-standing sign at West Broadway for the Crystal Gallery, 5510-5590 West Broadway. Charles DuFresne, Lincoln Properties, was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to continue the discussion of the request for a second free-standing sign at Crystal Gallery. Councilmember Leppa and Councilmember Smothers rescinded their motion. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to approve the request for a second free-standing sign on West Broadway for the Crystal Gallery, 5510-5590 West Broadway, as presented. By roll call and voting aye: Langsdorf, Leppa, Rygg, Smothers, Moravec, Aaker; voting no: Herbes. Motion Carried. 29 20 MAY 1986 The City Council considered setting surety in the amount of $4,400.00 as a guaranty of faithful performance of certain requirements as a condition of building permit approval for Country Kitchen, 3501 Vera Cruz Ave. N., as recommended by the Assistant City Engineer. Richard Thompson, of Country Kitchen, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to set surety in the amount of $4,400 as a guaranty of faithful per- formance of certain work requirements as a condition of issuance of a building permit for Country Kitchen, 3501 Vera Cruz Ave. N., as recommended by the Assistant City Engineer. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Leppa to accept surety in the amount of $4,400 as a guaranty of faithful perfor- mance of certain work requirements as a condition of issuance of build- ing permit for Country Kitchen, 3501 Vera Cruz Ave. N. Motion Carried. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to enter into agreement with Country Kitchen for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of issuance of building permit approval for Country Kitchen at 3501 Vera Cruz Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to approve the authorization to issue building permit #7401 to Country Kitchen for a 952 square foot addition to Country Kitchen, located at 3501 Vera Cruz Ave. N., subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered a request from Deborah Ward of North Henne- pin Montessori School for a conditional use permit to allow operation of a Montessori School inside St. James Lutheran Church, 6700 - 46th Place North. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve Application #86-11, as submitted by Deborah Ward of North Hennepin Montessori School, as recommended by and based on the find- ings of fact of the Planning Commission, for a conditional use permit to allow operation of the Montessori School inside St. James Lutheran Church premises at 6700 46th Place North. Motion Carried. The City Council considered setting surety in the amount of $53,000, as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Olivet Baptist Church, 3415 Louisiana Ave. N. Tim Gray, Chair of the Building Committee for the Church, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Rygg to continue the discussion of setting surety and entering into agreement with Olivet Baptist Church for 14 days. Councilmember Herbes and Councilmember Rygg withdrew their motion. 30 20 MAY 1986 Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the authorization to issue building permit #7196 for an ad- dition to the Olivet Baptist Church, 3415 Louisiana Ave. N., upon receipt of surety and signed agreement within 14 days; also subject to standard procedure. Motion Carried. The City Council considered final approval of the plat Emma S. Phillips Addition located at 6911 Corvallis Ave. N. 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. 86-16 RESOLUTION APPROVING 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 Emma S. Phillips Addition, as submitted by Arlon W. Lindner, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled EMMA S. PHILLIPS ADDI- TION, City of Crystal, Hennepin County, Minnesota. By roll call and voting Smothers, Aaker. Motion ATTEST: City Clerk aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, carried, resolution declared--aeTopted. Mayor The City Council considered a recommendation from the Human Relations Commission to present the Human Rights Award to Elsa Skogerboe. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to name Elsa Skogerboe as the recipient of the Human Rights Award, as recommended by the Human Relations Commission, and further, to direct staff to invite Mrs. Skogerboe to a Council meeting to present it, and also to invite the Human Relations Commission to attend that pre- sentation. Motion Carried. The City Council considered a letter from Robert Loman regarding "Pre- serve Our Land". 31 20 MAY 1986 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. 86-17 RESOLUTION RELATING TO SITE OF POTENTIAL RADIOACTIVE WASTE REPOSITORY DUMPS WHEREAS, the U. S. Department of Energy has announced that it has selected eight sites in Minnesota as potential radioactive waste repository dumps, and WHEREAS, both Houses of the Minnesota Legislature, Governor Per- pich, our two U. S. Senators, the entire Congressional Delegation, numerous County Commissioners and Township Supervisors have passed resolutions or made statements opposing the burial of nuclear waste in Minnesota's granite, and WHEREAS, high level radioactive materials must be safely isolated from the environment for at least 10,000 years and the Energy Depart- ment cannot guarantee that this is even possible, and WHEREAS, if a Minnesota site were chosen, highly dangerous radio- active materials would be transported by semi -truck and rail from all parts of the country, including some of the ninety-five nuclear power plants, and WHEREAS, transporting anything, particularly highly dangerous radioactive wastes, over icy Minnesota rods and rails in winter can significantly increase the likelihood of accidents occurring, creating an extremely dangerous situation for residents, and WHEREAS, if the potential Foley site is selected, about two hun- dred fifty shipments a month of radioactive wastes would travel on our State's highways and railroads and pass through or near the City of Crystal, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal opposes the location of any radioactive waste repository in the State of Minnesota, and further, that this resolution be forwarded to the De- partment of Energy, Senators Durenberger and Boschwitz, and Governor Perpich, officially expressing our opposition to any such plan. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk 32 20 MAY 1986 The City Council considered a memo from Bill Sherburne regarding re- moval of a stop sign at 36th and Louisiana Avenues North. Tim Gray, representing Olivet Baptist Church, was present and heard. No action was taken. The City Council considered the Second Reading of an ordinance rela- ting to building construction, amending Crystal City Code Subsection 400.07. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO BUILDING CONSTRUCTION; AMENDING CRYSTAL CITY CODE, SUBSECTION 400.07 and further, that this be the second and final reading. By roll call and voting aye: None; voting no: Langsdorf, Leppa, Rygg, Herbes, Smothers, Moravec, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue the discussion of the Second Reading of an ordinance re- lating to building construction, amending Crystal City Code, Subsec- tion 400.07 to make suggested corrections. Motion Carried. The City Council considered a resolution regarding Construction Coop- erative Agreement No. PW 22-09-86, County Project No. 8138, County State Aid Highway No. 10, City of Crystal, County of Hennepin. 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. 86-18 RESOLUTION RELATING TO A CONTRACT WITH HENNEPIN COUNTY, REGARDING COUNTY HIGHWAY NO. 10 BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into Agreement No. PW 22-09--86, County Project No. 8138, County State Aid Highway No. 10, with Hennepin County for certain improvements on County Highway No. 10 (Bass Lake Road) between West Broadway and Trunk Highway #169, in the City of Crystal, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. 1 33 20 MAY 1986 By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. —�� Mayor i ATTEST: City Clerk The City Council considered a recommendation from the Crystal HRA to rename Florida Avenue North from 55th Avenue to Bass Lake Road, to Sherburne Avenue North in honor of Bill Sherburne, the City Engineer of twenty-six years. Moved by Councilmember Moravec and seconded by Councilmember Leppa to rename Florida Avenue North from 55th Avenue North to Bass Lake Road, to Sherburne Avenue North, in honor of Bill Sherburne, the City En- gineer of twenty-six years. Moved by Councilmember Rygg to amend the motion and rename it Bill Sherburne Avenue North. Motion Died for Lack of a Second. Voting on the original motion: By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Aaker; voting no: None; abstained: Herbes, Smothers. Motion Carried. The Mayor called a recess at 9:00 P.M. and reconvened the meeting at 9:10 P.M. The City Council considered a recommendation from the Long -Range Plan- ning Commission concerning infrastructure reconstruction. By common consent, the City Council directed staff to place this item on a future agenda with a general description and scope of the project. The City Council considered a resolution to prohibit parking on Bass Lake Road in the redevelopment area. 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. P6-19 RESOLUTION PROHIBITING ALL PARKING ON BASS LAKE ROAD FROM WEST BROADWAY TO STATE TRUNK HIGHWAY #169 BASS LAKE ROAD (C.S.A.H. 10), CSAP NO. 27-610-14, MSAP NO. 116-050-32, COUNTY PROJECT NO. 8138 WHEREAS, State Aid funds will be expended on the improvements of this street, and 34 20 MAY 1986 WHEREAS, the approved State Aid standards require that all park- ing be prohibited on this street, NOW, THEREFORE, BE IT RESOLVED by the City Council of Crystal, Minnesota, that: The City shall prohibit all parking on Bass Lake Road (56th Avenue North) from West Broadway to State Trunk Highway #169. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution, declared ,adopted. Ji ayo rl-- ATTEST : City Clerk The City Council considered a City logo. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve the logo submitted by a resident of Crystal with an out- line of the City boundaries. By roll call and voting aye: Leppa, Herbes, Smothers; voting no: Langsdorf, Rygg, Aaker; abstained: Moravec. Motion Failed. After more discussion, the following motion was made: Moved by Councilmember Leppa and seconded by Councilmember Herbes to approve as the City logo the one submitted by a resident of Crystal with an outline of the City boundaries and a large "C" in the middle. By roll call and voting aye: Smothers, Moravec, Leppa, Herbes; vot- ing no: Langsdorf, Rygg, Aaker. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Moravec to request the Mayor to send a letter of appreciation and $100.00 to the resident who submitted the approved logo. By roll call and voting aye: Smothers, Herbes, Leppa; voting no: Moravec, Rygg, Langsdorf, Aaker. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Moravec to request that the Mayor and City Council send a letter of congratu- lations and appreciation, thanking the citizen for his efforts in designing the logo. Motion Carried. The Council considered the Mayor's recommendation to appoint Marty Gates to the Civil Service Commission. 20 MAY 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the recommendation of the Mayor and appoint Marty Gates, 5108 - 48th Ave. N., to the Civil Service Commission, for an unexpired term ending December 31, 1988. Motion Carried. By common consent, the City Council directed staff to reword the sign ordinance to limit the use of a portable sign in the same location. The City Council discussed the matter of lawn spraying companies work- ing when it is windy and sometimes spraying to the edge of a lake, etc. Moved by Councilmember Leppa and seconded by Councilmember Rygg to refer to the Environmental Quality Commission the study of possible regulations for lawn spray companies. 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, including a plumbing li- cense for Stanley and Paul Dvorak dba A-AAce Plumbing, Sewer & Drain; and a tree trimming license for Shadywood Enterprises, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 35 36 3 JUNE 1986 BOARD OF EQUALIZATION Pursuant to due call and notice thereof, the City of Crystal Council convened as a Board of Equalization on June 3, 1986, 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: Langs- dorf, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Ken Bjorn, City Assessor; Dan Smith Assistant City Engineer; Don Peterson, Build- ing Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administra- tive Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Aaker requested Don Monk, Hennepin County Assessor, to discuss the 1986 assessment rolls and answer questions from those present: Those present and making appeals were: Elmer Carlson, 5054 Quail Ave. N. Jerry Ackerman, 5038 Quail Ave. Sheldon Morris, 5046 Quail Walter Ranik, 5032 Quail N. Dick Rodenborn, 4722 Perry Ave. N. Steven Leppa, 4816 Quail Ave. LeRoy Smithrud, 3317 Hampshire Ave. Floyd Carlson, 5026 Quail Peter Bruske, 4916 Bernard Ave. June Wedman/Bernie Olson, 5108 Qua A written appeal was made by Bob Benedict, 5626 West Broadway, PID 05-118-21 42 0006. Moved by Councilmember Leppa that retroactive to the last increase before the one considered tonight, to limit the assessed value increase in the entire City to no more than loo per year, provided no major construction has taken place since the property was last reviewed. Motion Died for Lack of a Second. Moved by Councilmember Herbes and seconded by Councilmember Smothers to affirm the assessment rolls, as presented by the City Assessor. By roll call and voting aye: Langsdorf, Rygg, Herbes, Smothers, Moravec, Aaker; voting no: Leppa. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adjourn the meeting of the Board of Equalization. Motion Carried. Mayor L ATTEST: City Clerk 37 3 JUNE 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 3, 1986, at 7:00 P.M., or as soon thereafter as the meeting could be convened, at 4141 Douglas Drive, Crystal, Minnesota. Councilmembers present were: Langsdorf, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant City Engineer; Don Peterson, Building Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administrative Assistant. The City Council considered the minutes of the regular Council meet- ing of May 20, 1986. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the minutes of the regular meeting of the Council of May 20, 1986. Motion Carried. The City Council considered awarding bids for bond advance refunding. Dick T reptow, Springsted, Inc., was present to explain the bidding process. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-20 A RESOLUTION AWARDING THE SALE OF $5,865,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A PROVIDING FOR THE FORM AND SPECIFICATIONS THEREOF; PRO- VIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY (The text of Resolution No. 86-20 is attached and is labeled "Exhibit 1"; the bids are labeled "Exhibit 2".) By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk Mayor Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 3 JUNE 1986 RESOLUTION NO. 86-21 RESOLUTION AUTHORIZING THE PURCHASE OF GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986, SPECIAL SERIES (IMPROVEMENT PROJECT NO. 66) BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City has undertaken Improvement Project No. 66 (Project) in accordance with Minnesota Statutes, Chapter 429 and the City Char- ter, and the Project has been duly ordered or contracts let for the construction thereof at a cost presently estimated to be $198,000. 2. The City is authorized by the provisions of Minnesota Statutes, Section 429.031 and Section 475.66 (Act) to issue improvement bonds to finance the Project and to purchase such bonds from debt service funds of the City or other municipal funds available for such purpose. 3. It is found and determined that it is necessary and desirable that the City issue its General Obligation Improvement Bonds (Bond) to finance a portion or all of the cost of the Project, and that the City purchase the Bond from funds available in the Public Improvement Account in the Permanent Improvement Revolving Fund of the City. 4. The City shall forthwith issue and sell the Bond to the PIR Fund. The Bond shall be one in number, in typewritten form and con- taining the terms and conditions and executed in substantially the form set forth below: No. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION IMPROVEMENT BOND OF 1986, SPECIAL SERIES (IMPROVEMENT PROJECT NO. 66) $191,000 The City of Crystal, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to the City of Crystal Permanent Improvement Revolving Fund the prin- cipal sum of $191,000 on the lst day of February in the years and in- stallment amounts as follows: Year Amount 1989 $59,000 1990 66,000 1991 66,000 and to pay interest thereon on the unpaid balance outstanding at the rate of 7.5% per annum. Interest shall accrue on the unpaid princi- pal amount of the Bond on February 1 of each year until the aggreqate principal amount is paid. Principal and interest on this Bond are 39 3 JUNE 1986 payable at the office of the City Treasurer of the City of Crystal, Minnesota. This Bond is subject to redemption and prepayment in whole or in part at any time in inverse order of maturities at par plus accrued interest to date of redemption. This Bond is issued for the purpose of providing financing of a public improvement project constructed by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 and the home rule charter of the City. This Bond is payable primarily from the Permanent Improve- ment Account in the Permanent Improvement Revolving Fund of the City on the account of Improvement Project No. 66, but the Council is re- quired to pay the principal and interest hereon out of any funds on hand in the treasury in the amount that the monies on hand in said fund are at any time insufficient to meet the payment of maturing principal and interest. The full faith, credit and taxing powers of the City are hereby pledged to the payment of the principal and inter- est on this Bond. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Min- nesota by its City Council has caused the Bond to be executed in its behalf by the manual signature of its Mayor and City Manager, and has caused this Bond to be dated June 1, 1986. /s/ Thomas N. Aaker Mayo r /s/ John T. Irvin City Manager 5. The Bond shall be payable from the Improvement No. 66 Account hereby created in the Permanent Improvement Account in the Permanent Improvement Revolving Fund of the City, and the proceeds of any gen- eral ad valorem taxes, special assessments levied or to be levied for the Project together with any other funds received on account of the Project are pledged to the Improvement No. 66 Account. The City Coun- cil hereby pledges the full faith, credit and taxing powers for the payment of the Bond. 6. The Bond is subject to redemption and prepayment at any time at the par amount then outstanding plus accrued interest to date of redemption. 7. It is further determined that the estimated collections of special assessments, taxes and other payments pledged to the payment of this Bond will produce at least 5% in excess of the amount needed to meet, when due, principal and interest payments on the Bond and that no tax levy is needed at this time. By roll call and voting aye: L�,ngsdorf.; Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, res o "tion �celzlared adopted. ATTEST : Mayor City Clerk 40 3 JUNE 1986 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Jeffrey L. Johnson for a vari- ance of l' in the required 40' rear yard setback for a 12' addition to the existing garage at 5725 - 34th Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve, as recommended by and based on the findings of fact of the Planning Commission, pursuant to Section 515.55 of the Crystal City Code, the authorization to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of l' in the required 40' rear yard setback for a 12' addition to the existing garage, at 5725 - 34th Ave. N., as requested in Application #86-12 of Jeffrey L. Johnson. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Cheryl Scarborough for a variance of 16.1' in the required 40' rear yard setback for a 12'x16' deck at 5600 Regent Ave. N. 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 Moravec that pursuant to Section 515.55 of the Crystal City Code, to approve the authorization to vary or modify the strict application of Section 515.13, Subd. 4 a) , as recommended by and based on the findings of fact of the Planning Commission, and grant a variance of 16.1' in the required 40' rear yard setback for a 12'x16' deck, at 5600 Regent Ave. N., as requested in Application #86-14T of Cheryl Scarborough. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Superamerica to expand a non -conforming use (said non -conformity being square footage of site), for a variance of 8' in the required 25' front yard setback and a variance in the number of parking spaces (to allow 5 spaces in lieu of the required 9 spaces) to construct a 9'4"x28' addition at 5359 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Don Rowe, 5353 West Broadway. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve, as recommended by and based on the findings of fact of the Planning Commission, the authorization to grant a variance to Section 515.05, Subd. 2, to allow the expansion of a non -conforming 1 3 JUNE 1986 use to permit a 914"x28' addition to be constructed at 5359 West Broad- way, as requested in Application #86-5. By roll call and voting aye: Smothers, Herbes; voting no: Moravec, Rygg, Leppa, Langsdorf, Aaker. Motion Lost. The City Council considered a request from Superamerica for a condi- tional use permit to allow a convenience food establishment at 5359 West Broadway. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to deny the request for a conditional use permit to allow a con- venience food establishment at 5359 West Broadway. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Aaker; voting no: Herbes, Smothers. Motion Carried. The City Council considered an amendment to the garbage collection ordinance and appearance by garbage haulers. Those present and heard were* Bob Rasmussen, Chair, Environmental Quality Commission Paul Ruder, Ruder, Inc., Hopkins Bill Heaston, Woodlake Sanitary Service Ron Pfeifer, Waste Management -Blaine Mr. Eastman, A & E Rubbish Allen Redberg, Countrywide Sanitation Gail Chr_istinson, Dave's Sanitation Randy & Sandy Roskowiak: P.andy's Sanitation Residents who were present and heard were: Otto Hansen, 6600 40th Ave. N. Harry T rullinger, 6410 36th Everett Korpi, 8225 Northern Dr. Resident, 5642 Welcome Jeannine Tyrpa, 6425 38th Ave. Calvin Carr, 7001 35th Place George Seigman, 3948 Jersey Ave. Resident, 3844 Idaho Ave. Homer Meier, 3640 Georgia Wilfred Scheef, 5708 Pennsylvania Don Slough, 3301 Brunswick Len Broman, 3857 Idaho Ave. Nancy Olson, 6621 41st Place Jack Irons, 6310 Markwood Ron Schmidt, 2908 Florida Connie Gratias, 2917 Edgewood Valorie Kuhlman, 3239 Edgewood John Bodeman, 6510 37th Ave. N. Art Thom, 4816 Regent Florence Gaulke, 3924 Douglas Dr. John Hill, 6719 34th Ave. N. John Merkel, 6625 37th Ave. Susan Hill, 6719 34th Ave. N. Bob Baranick, 8001 34th Place Paulette Magnuson, 3159 Jersey Moved by Councilmember Moravec and seconded by Councilmember Smothers to refer the matter to the Environmental Quality Commission to study the impact bidding for zones would have on small businesses and to study the options of contracted and non -contracted collection of gar- bage, etc., and to return to the Council with a recommendation. By roll call and voting aye: Smothers, Moravec, Langsdorf, Leppa, Rygg, Aaker; voting no: Herbes. Motion Carried. The Mayor called a recess at 10:20 P.M. and reconvened the meeting at 10:30 P.M. 41 42 3 JUNE 1986 Mr. Bob Holm, of the Cystic Fibrosis Foundation, appeared before the City Council and answered questions regarding the application for a gambling license from the State of Minnesota at Nicklow's. The City Council considered the application from the V.F.W. Post #494 to the State of Minnesota for a gambling license at 5222 - 56th Ave. N. The City Council considered the application from the Crystal Jaycees to the State of Minnesota for a gambling license at Welcome Park, 45th and Welcome Avenue, for July 25, 26 and 27, 1986. The City Council considered a request from the Father William Blum Council #3656 to sell pull tabs for one day, preferably July 26, 1986, at the Crystal Frolics. The City Council considered a petition for 4 -way stop signs at the intersection of 45th Avenue and Florida Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to direct the City staff to install 4 -way stop signs at the intersec- tion of 45th Avenue and Florida Ave. N. Motion Carried. Walter Ranik appeared before the City Council regarding the animal control ordinance and a possible amendment to that ordinance. Art Thom, 4816 Regent, was present and heard. The City Council considered a request for an ordinance amending pro- visions of the zoning code to allow amusement centers as a conditional use in an I-2 zone. Mr. Mike Fisher, 5117 - 38th Ave. S., Minneapolis, applicant of an amusement renter license in an I-2 zone, was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following ordinance; ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I - ZONIINC) , S�2BSECTION 515.41, SUBDIVISION 4, BY ADDING A CLAUSE and further, that the second and final reading be held on June 17, 1986. Motion Carried. The City Council considered the Second Reading of an amendment to the City Zoning Code to allow day care as a permitted use in a B-4 District (community commercial). Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance; 43 3 JUNE 1986 ORDINANCE NO. 86-6 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I - ZONING) SUB- SECTION 515.37, SUBDIVISION 2 BY ADDING A CLAUSE and further, that this be the second and final reading. Motion Carried. The City Council considered the First Reading of an amendment to the City Code, Subsections 1325.01 through 1325.13 in the Crystal bicycle ordinance. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO BICYCLES; REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1325.01 THROUGH 1325.13 and further, that the second and final reading be held on June 17, 1986. Motion Carried. The City Council considered an appointment to the Advisory Board for Community Development Block Grant program. Moved by Councilmember Moravec and seconded by Councilmember Herbes to continue the discussion of an appointment to the Advisory Board for Community Development Block Grant program until the next regular Council meeting. Motion Carried. The City Council considered amending the wellness program. Moved by Councilmember Leppa and seconded by Councilmember Herbes to include the members of the Civil Defense and Police Reserve in the Crystal wellness program, pending approval by the City Attorney of the legality of this action, and to report back to the Council at the next meeting if there are any difficulties. Notion Carried. The City Council considered the release of surety in the amount of $22,000 for Meineke Muffler Shop. Moved by Councilmember Herbes and seconded by Councilmember Rygg to accept the work required as a condition of building permit approval for Meineke Muffler Shop, 5259 Douglas Drive, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $22,000 be released, subject to said guaranty, as recommended by the Assistant City Engineer. Motion Carried. The City Council considered accepting surety in the amount of $53,000 and entering into agreement with Olivet Baptist Church for certain work requirements as a condition of issuance of a building permit. 44 3 JUNE 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $53,000 from Olivet Baptist Church as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for an addition at 3415 Louisiana Ave. N. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to enter into agreement with Olivet Baptist Church for the purpose of guaranteeing faithful performance for certain work requirements as a condition of issuance of a building permit for Olivet Baptist Church, 3415 Louisiana Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered the recommendation from the Crystal HRA to rename a portion of Florida Avenue North to Sherburne Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO STREETS; CHANGING THE NAME OF A CERTAIN STREET and further, that the second and final reading be held on June 17, 1986. By roll call and voting aye: Smothers, Moravec, Langsdorf, Leppa, Rygg, Aaker; voting no: Herbes. 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, excluding the Pool and Heat Bathing Room applications for Spa Petite, 111 Willow Bend, as requested by the applicant, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adjourn the meeting. -Motion Carried. Mayor ATTEST: City Clerk 45 1 Fxhibit 1 RESOLUTION NO. 86-20 A RESOLUTION AWARDING THE SALE OF $5,865,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A PROVIDING FOR THF FORM AND SPECIFICATIONS THEREOF; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVT_DING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED By the City Council of the City of Crystal, Minnesota (City), as follows: Section 1. Sale of Refunding Bonds. 1.01. The bid of Dain Bosworth Corporation, and others (Purchaser) to pur- chase $5,865,000 General Obligation Tax Tncrement Refunding Bonds, Series 1986A (Refunding Bonds), bearing interest as follows: Year of Maturity Interest Rate (7 per annum) Net effective interest rate: 7.68397 P.eoffering yield: 7.68397 is hereby accepted, said bid being to purchase the Refunding Bonds at a price of $5,777,025.00. The Mayor and the Manager are directed to execute a contract with the Purchaser on behalf of the City. The City Treasurer is instructed to deposit the good faith check of the Purchaser and to return the good faith checks of all unsuccessful bidders forthwith. 1992 6.257 Bonds pursuant to 1993 6.50 (Act), which Refunding Bonds 1994 6.75 numbered R-1 upwards, in the 1995 7.00 1996 7.10 as above provided, 1997 7.20 semiannually thereafter on August 1 and February 1 1998 7.25 1999 7.30 2000 7.40 2001 7.50 2002 7.60 2003 7.70 2004 7.75 2005 7.80 2006 7.80 2007 7.80 2008 7.80 Net effective interest rate: 7.68397 P.eoffering yield: 7.68397 is hereby accepted, said bid being to purchase the Refunding Bonds at a price of $5,777,025.00. The Mayor and the Manager are directed to execute a contract with the Purchaser on behalf of the City. The City Treasurer is instructed to deposit the good faith check of the Purchaser and to return the good faith checks of all unsuccessful bidders forthwith. 1.02. The City shall forthwith issue the Refunding Bonds pursuant to Minnesota Statutes, Chapter 475 (Act), which Refunding Bonds shall be initially numbered R-1 upwards, in the denomination of $5,000 each or any integral multi- ple thereof, initially dated July 1, 1986, bearing interest as above provided, payable February 1, 1987, and semiannually thereafter on August 1 and February 1 46 in each year, and which shall mature serially on February 1 in the years and amounts as follows: Year Amount Year Amount_ 1992 $110,000 2001 $380,000 1993 200,000 2002 400,000 1994 200,000 2003 490,000 1995 225,000 2004 505,000 1996 245,000 2005 4p0,000 1997 270,000 2006 475,000 1.998 2.95,000 2007 460,000 1999 315,000 2008 445,000 2000 360,000 The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. 1.03. The Refunding Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 1.04. Dates; interest Payment Dates. Each Refunding Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Refunding Bond has been paid or made available for pay- ment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentica- tion is prior to the first interest payment date, in which case such Refunding Bond shall be dated as of the date of original issue. The interest on the Refunding Bonds shall be payable to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 1.05. Registration. Pursuant to the Act the City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Refunding Bonds and the registration of transfers and exchanges of Refunding Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Refunding Bond duly endorsed by the registered owner thereof or accompanied by a 47 written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Refunding Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever anv_ Refunding Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Refunding Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Refunding Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Refunding Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Refunding Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Refunding Bond is at any time registered in the bond register as the absolute owner of such Refunding Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Refunding Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Refunding Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Refunding Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or ex- change. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Refund- ing Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Refunding Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancella- tion of any such mutilated Refunding Bond or in lieu of and in substitution for any such Refunding Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection there- with; and, in the case of a Refunding Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Refund- ing Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall_ be named as obligees. All Refunding Bonds so surren- dered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Refunding Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Refunding Bond prior to payment. M Redemption. In the event any of the Refunding Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Refunding Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Refunding Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 1.06. Appointment of Initial Registrar. The City hereby appoints Norwest Bank Minneapolis, National Association, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on, behalf of the City, a contract with said Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Reg4_strar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Refunding Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Treasurer shall transmit to the Registrar moneys sufficient for the payment of all principal and interest they, due. 1.07. Execution, Authentication and Delivery. The Refunding Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signa- ture shall appear on the Refunding Bonds shall cease to be such officer before the delivery of any Refunding Bond, such signature or facsimile shall neverthe- less be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Refunding Bond shall be valid or obligatory for any purpose or entitled to anv security or benefit under this Resolution unless and until a certificate of authentication on such Bond has peen duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Refunding Bonds need not be signed by the same representative. The executed certificate of authentication on each Refunding Bond shall be conclusive evi- dence that it has been authenticated and delivered under this Resolution. When 49 the Refunding Bonds have been so prepared, executed and authenticated, the Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. rMA�� Section 2. Form and Execution. 2.01. The Refunding Bonds shall be printed in substantially the following [Face of the Bond] 17NITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 1986A Date of Rate Maturity Original Issue CUSIP July 1, 1986 No. The City of Crystal, a duly organized and existing municipal corpo- ration in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of THOUSAND DOLLARS ($_,000) on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and Auguat 1 in each year, commencing February 1, 1987, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a busi- ness day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Norwest Bank Minneap- olis, National Association, as Bond Registrar, Authenticating Agent, Transfer Agent and Paying Agent, or its designated successor under the Resolution de- scribed herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1996, and on anv interest payment date thereafter, to prepay Bonds of this issue due on or after February 1, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest 1 1 maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certifi- cate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: (facsimile) City Manager CITY OF CRYSTAL, MINNESOTA (facsimile) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution men- tioned within. NORWEST BANK MTNNEAPOLIS, NATIONAL ASSOCIATION By Authorized Representative [Reverse of the Bond] This bond is one of an issue of bonds in the total principal amount of $5,865,000, all of like original issue date and tenor except as to interest rate, maturity and redemption privilege, all issued by the City pursuant to a Resolution adopted by the City Council on June 3, 1986 (the Resolution) for the purpose of providing money to refund, pursuant to Minnesota Statutes, Section 475.67, in advance of their maturity, the outstanding principal amount of certain general obligation tax increment bonds of the City, which have been issued for the purpose of providing money to finance a portion of the public redevelopment costs of a Redevelopment Project in a Redevelopment Tax Increment Financing District (District) in the City pursuant to and in full conformity 50 51 with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 273.71 to 273.77 and the bome rule charter of the City, and is payable primarily from tax increments resulting from increases in the as- sessed valuation of real property in the District, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of its principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy addi- tional ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued in denomination of $5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, b;� the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Regis- trar, duly executed by the registered owner or the owner's attorney; and may also be surrendered .in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Citv and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS EFFEBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the charter of the City to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed anv constitutional, statutory, or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) 1 certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Crystal, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. 1 _ (Facsimile Signature) City Clerk The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full accord- " ing to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MTN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and trans- fers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substi- tution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bark or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. 52 53 Name and Address: (Include information for all joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee 2.02. The City Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Refunding Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the form of Refunding Bond. The City Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 3. Refunding Bonds: Security. 3.01. The Refunding Bonds shall be payable from the 1986A Refunding Bonds Debt Service Fund (Fund) hereby created, and the proceeds of tax increments (Tax Increments) from the Project Area in which the Public Redevelopment Costs financed by the Refunding Bonds are incurred received from the Housing and Redevelopment Authority of the City of the City of Crystal (Authority) pursuant to the tax increment agreement (Agreement) executed by the City and the Authori- ty on March 5, 1985, are irrevocably pledged to the Fund.. The debt service fund created for the Refunded Bonds, hereinafter defined, is hereby terminated, and all monies therein are hereby transferred to the Fund; provided, however, that the City Treasurer is authorized and directed to transfer_ from said debt service fund those amounts determined by actuarial calculation at the time of delivery of the Refunding Bonds to be necessary to properly fund the Escrow Account established by Section 4. If any payment of principal or interest on Refunding Bonds payable from the Fund shall become due when there is not suffi- cient money in the Fund to pay the same, the City Treasurer shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of the Tax Increments or other taxes when received. 3.02. It is further determined that the estimated collections of Tax Increments pledged to payment of the Refunding Bonds will produce at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Refunding Bonds and that no additional tax levy is needed at this time. 3.03. The maturity schedule of the Refunding Bonds is combined with the maturity schedule of all outstanding general obligation bonds of the City for 54 purposes of complying with the provisions of Minnesota Statutes, Section 475.54, Subdivisions 1 and 2. 3.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Director. of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 4. Refunding: Findings: Escrow: Redemption of Refunded Bonds. 4.01. The Refunded Bonds are the $5,865,000 General Obligation. Tax Incre- ment Bcnds, Series 1985A of the City, dated April 1, 1985. It is hereby found and determined that based upon information presently avail- able from the City's financial advisers, the issuance of the Refunding Bonds will result in a reduction of debt service or interest cost to the City on the Refunded Bonds as follows: Net Effective Interest Rate: Date of Refunded Bonds Refunded Bonds Net Effective Interest Rate: Refunding Bonds 4.02. As of the date of delivery of and payment for the Refunding Bonds the proceeds (Proceeds) of the Refunding Bonds, in the amount of $5,777,025.00 together with other funds (Funds) in the amount of X1,099,915.77 hereby appro- priated for such purpose as shall be necessary to pay the principal of, interest on and redemption premium (if any) on the Refunded Bonds to their maturity or the date on which they are called for redemption, whichever date is earlier, less necessary expenses of the issuance of the Refunding Bonds, are hereby pledged and appropriated and shall be deposited in escrow in account with American National Bank of Saint Paul, St. Paul, Minnesota, a suitable banking institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and said bank is hereby designated escrow agent (Agent) for such funds. The City shall pay the reasonable charges of the Agent for its services. The Proceeds and Funds shall be invested in securities maturing or callable at the option of the holder on such dates and bearing such interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on each obligation at maturity or on the date on which it is called as herein provided and to pay the principal amount of each such obligation at maturity or on the date on which it has beer. called for redemption and to pay any premium required for redemption on such date. The monies in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that if any balance shall remain in the Escrow Account after all April 1, 1985 9.57% 8.537 The dollar value of such debt service or interest cost savings (Reduction) is $844,488.54, and the present value of the Reduction is $164,136.84. The dollar amount of the Reduction is 10.00% of the interest cost on the Refunded Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the Refunding Bonds, is adequate to authorize the issuance of the Refunding Bonds as provided by Section 475.67, Subdivision 12 of the Act. 4.02. As of the date of delivery of and payment for the Refunding Bonds the proceeds (Proceeds) of the Refunding Bonds, in the amount of $5,777,025.00 together with other funds (Funds) in the amount of X1,099,915.77 hereby appro- priated for such purpose as shall be necessary to pay the principal of, interest on and redemption premium (if any) on the Refunded Bonds to their maturity or the date on which they are called for redemption, whichever date is earlier, less necessary expenses of the issuance of the Refunding Bonds, are hereby pledged and appropriated and shall be deposited in escrow in account with American National Bank of Saint Paul, St. Paul, Minnesota, a suitable banking institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and said bank is hereby designated escrow agent (Agent) for such funds. The City shall pay the reasonable charges of the Agent for its services. The Proceeds and Funds shall be invested in securities maturing or callable at the option of the holder on such dates and bearing such interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on each obligation at maturity or on the date on which it is called as herein provided and to pay the principal amount of each such obligation at maturity or on the date on which it has beer. called for redemption and to pay any premium required for redemption on such date. The monies in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that if any balance shall remain in the Escrow Account after all 55 of the Refunded Bonds and interest (and anv premium) thereon are paid, then such balapce shall be transferred to the City. 4.03. The City Council hereby finds and determines that the Proceeds and Funds available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow Account to pay at maturity or redemption all of the principal of, interest on and redemp- tion premium (if any) on the Refunded Bonds. 4.04. Securities purchased from the monies in the Escrow Account shall be limited to securities specified in Section 475.67, Subdivision 8 of the Act. Securities purchased for the Escrow Account shall be purchased simultaneously with the delivery of and payment for the Refunding Bonds. 4.05. The Refunded Bonds maturing on February 1, 1996 and thereafter shall be redeemed and prepaid on February 1, 1995. The Refunded Bonds shall be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached hereto as Exhibit C-1 which terms and conditions are hereby approved and incorporated herein by reference. The City Clerk is hereby authorized and directed to forthwith publish the Notice of Call for Redemption in a publication qualified under Section 475.54 of the Act and to send written notices of call to the Bond Registrar for the Refunded Bonds, provided that published notice alone shall be effective. 4.06. On or prior to the delivery of the Refunding Bonds, the Mayor and the City Manager are hereby authorized and directed to execute on behalf of the City an escrow agreement (Escrow Agreement) with the Agent in substantially the form now on file with the Clerk. All essential terms and conditions of the Escrow Agreement are hereby approved and adopted and made a part of this resolu- tion, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder_ by the Agent. 4.07. When all Refunding Bonds and all interest thereon, have been dis- charged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the holders of the Refunding Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Refunding Bonds shall remain in full force and effect. The City may discharge all Refunding Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; if any Refunding Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with inter- est accrued to the date of such deposit. The City may also at any time dis- charge and defease the Refunding Bonds in their entirety by complying with the provisions of Section 475.67, Subdivisions 4 to 11 of the Act, except that the funds deposited in escrow in accordance with said provisions may (to the extent permitted by law) but need not be, in whole or in part, proceeds of refunding bonds as therein provided without the consent of any Bondholders. Section 5. Authentication of Transcript: Special Tax Covenant. 5.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the legality of the issuance of the Refunding Bonds, certified copies of all proceedings and records of the City relating to the Refunding Bonds and to the financial condi- tion and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Refunding Bonds as the some appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. The Mayor and City Manager and Treasurer are hereby authorized and directed to certify that they have examined the Official Staterlent dated May 2.0, 1986, prepared and circulated in connection with the issuance and sale of the Refunding Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representa- tions made therein as of the date thereof. 5.02. The City covenants and agrees with the holders from time to time of the Refunding Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1954, as amended (the Code), and the Treasury Regulations promulgated thereunder, and that it will comply with all provisions of H.R. 3838 in the form in which it was adopted by the United States House of Representatives or. December 17, 1985, to maintain the tax-exempt status of interest on the Refunding Bonds and to use its best efforts to comply with all of the provisions of N.R. 3838 as finally enacted which may be applicable to the Refunding Bonds. Tn the event H.R. 3838 is not finally adopted in the form referred to above, or in any form, or the effective date of provisions of H.R. 3838 affecting the Bonds are delayed beyond the date of delivery of the Bonds, the covenants in this Section 5.02 will be of no further force or effect. The yield computations made with respect to the Refunding Bonds and the Escrow Account have been made in compliance with H.R. 3838 and applicable Treasury Regulations. Attest: Clerk 1 Mayor 56 SPRINGSTED INCORPORATED Public Finance Advisors 85 East Seventh Place, Suite 100 Exhibit 2 Saint Paul. Minnesota 55101 2143 612-223.3000 $5,865,000 CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A 57 AWARD: DAIN BOSWORTH INCORPORATED and Associates SALE: June 3, 1986 Rating: Aaa/AAA (MBIA) Interest Net Interest Bidder Rates Price Cost & Rate DAIN BOSWORTH INCORPORATED 6.25% 1992 $5,777,025.00 Merrill Lynch Capital Markets 6.50% 1993 PaineWebber Incorporated 6.75% 1994 iller Securities, Incorporated 7.00% 1996 7.10% 1996 7.20% 1997 7.25% 1998 7.30% 1999 7.40% 2000 7.50% 2001 7.60% 2002 7.70% 2003 7.75% 2004 7.80% 2005-2008 PIPER, JAFFRAY & HOPWOOD 6.25% 1992 $5,785,294.65 INCORPORATED 6.50% 1993 Allison -Williams Company 6.75% 1994 American National Bank & Trust 7.00% 1995 Company of Saint Paul 7.10% 1996 Cronin & Company, Incorporated 7.20% 1997 E. F. Hutton & Company, Incorporated 7.30% 1998 Juran & Moody, Incorporated 7.40% 1999 Kidder, Peabody & Company, 7.50% 2000 Incorporated 7.60% 2001 Chiles, Heider & Co., Division of Shearson 7.70% 2002 Lehman/American Express 7.75% 2003 Incorporated 7.80% 2004 ward D. Jones & Co. 7.90% 2005 Iaraig-Hollum, rquette National Bank 8.00% 2006-2008 filler & Schroeder Financial, Incorporated Summit Investment Corporation' Robert W. Baird & Company, Incorporated $6,847,620.82 (7.6839%) $6,936,047.02 (7.7831%) NORWEST INVESTMENT SERVICES THE FIRST NATIONAL BANK OF SAINT PAUL FIRST NATIONAL BANK OF MINNEAPOLIS THE NORTHERN TRUST COMPANY Dean Witter Reynolds Incorporated Dougherty, Dawkins, Strand & Yost Incorporated Marcotte Hume & Associates, Incorporated Robert S. C. Peterson, Incorporated Northstar Bank of Minnesota JOHN NUVEEN & COMPANY INCORPORATED BEAR, STERNS & COMPANY CLAYTON BROWN & ASSOCIATES INCORPORATED HUTCHINSON, SHOCKEY, ERLEY & COMPANY A. G. Edwards & Sons, Inc. A. D. Jack & Company Van Kampen Merritt Incorporated LaSalle National Bank William Blair & Company Channer Newman Securities Company Crooke Roberts, Incorporated Oberweis Securities, Inc. Souermon Securities Inc. CONTINENTAL ILLINOIS NATIONAL & TRUST COMPANY OF CHICAGO DREXEL BURNHAM LAMBERT INCORPORATED BLUNT, ELLIS, & LOEW1, INCORPORATED Prescott, Ball & Turben Inc. 6.20% 6.40% 6.60% 6.80% 7.00% 7.20% 7.40% 7.50% 7.60% 7.70% 7.80% 7.90% 8.00% 6.50% 6.75% 7.00% 7.20% 7.30% 7.40% 7.50% 7.60% 7.70% 7.80% 7.90% 8.00% 6.90% 7.10% 7.25% 7.40% 7.50% 7.60% 7.70% 7.75% 7.80% 7.90% 8.00% 8.10% 8.20% 8.10% 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003-2005 2006-2008 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002-2004 2005-2008 1992 1993 1994 1995 1996 1997 1997 1998 1999 2001 2002 2003-2004 2005-2006 2007-2008 $5,751,043.05 $5,765,295.00 $5,755,206.90 ------------------------------------------------------------------------------------------- These Bonds are being reoffered at Par. $7,005,303.62 (7.8608%) $7,057,204.59 (7.91909%) $7,211,767.06 (8.09253%) 1 BBI: 7.70 Average Maturity: 15.19 Year 59 17 JUNE 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 17, 1986, 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, Leppa, Rygg, Aaker, Moravec, Smothers; the following were absent: Herbes. Also present were the following staff members: John T. Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant 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. Mayor Aaker presented the City of Crystal Human Relations Award to Elsa Skogerboe for her work in that field for the City of Crystal. The City Council considered the minutes of the Board of Equalization and the regular Council meeting of June 3, 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the minutes of the Board of Equalization and the regular Council meeting of June 3, 1986. Motion Carried. The City Council considered the following Consent Agenda items: To set 7:00 P.M., or as soon thereafter as the matters may be heard, July 1, 1986, as the time and date for public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to consider: A request from Ed Altman for a variance of 7' in the side street side yard setback at 6600 32nd Ave. N. A request from Laurel Higgins for a variance of 10' in the required 40' rear yard setback at 5201 Xenia Ave. To set 7:00 P.M., or as soon thereafter as the matter may be heard, July 15, 1986, as the time and date for a puhlic hearing at which time the City Council will consider tenta- tive approval of proposed plat Welcome Way Addition located at 4835 West Broadway. To consider a request for a gambling license from the State of Minnesota for the VFW Post #494 at the Paddock Bar. Moved by Councilmember Rygg and seconded by Councilmember Leppa to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tenta- tive approval of proposed plat Crystal Northwest Properties Addition located at 5200 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. I 17 JUNE 1986 Moved by Councilmember Smothers and seconded by Councilmember Leppa to grant tentative approval of proposed plat Crystal Northwest Pro- perties Addition, located at 5200 Douglas Drive. Motion Carried. The City Council considered an agreement regarding the Bassett Creek Project. Mr. Len Kremer, Barr Engineering, explained the project. 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. 86-22 RESOLUTION APPROVING AGREEMENT ENTERED INTO PURSUANT TO PROVISIONS OF THE JOINT POWERS AGREEMENT ESTABLISHING THE BASSETT CREEK WATER MANAGEMENT ORGANIZATION, RELATING TO THE CONSTRUCTION OF AN IMPROVEMENT PROJECT IN COOPE RAT ION WITH THE U. S. CORPS OP ARMY ENGINEERS BE IT HEREBY RESOLVED by the City Council of the City of Crys- tal, Minnesota that the Mayor and City Manager be authorized to en- ter into agreement pursuant to provisions of the Joint Powers Agree- ment establishing the Bassett Creek Water Management Organization, relating to the construction of an improvement project in cooperation with the U. S. Corps of Army Engineers, AND FURTHER, that the Mayor and City Manager be authorized to sign such Agreement. By roll call and voting aye: Langsdorf, Leppa, Ry q Moravec, Smothers, Aaker; absent, not voting: Herbes. Mo ion carrie "resolution declared adopted. -- Mayor ATTEST: City Clerk Mr. John Post, 2956 Aquila Ave. N., appeared before the City Council regarding Yunkers Park. Moved by Councilmember Smothers and seconded by Councilmember Moravec to continue the discussion of improvements in Yunkers Park until Mr. Post can appear before the Park and Recreation Advisory Commission and the Commission makes a recommendation regarding Yunkers Park. Motion Carried. The City Council considered a letter from Robert Breen, 5062 Quail Ave. N., regarding a possible barricade near their house. 61 17 JUNE 1986 Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue the discussion of a letter from Robert Breen until he can appear before the Council. Motion Carried. The City Council considered a request by Ms. Lori Anderson, 5825 Quail Ave. N., for a "Blind Child" sign on Quail Avenue. Mark Anderson ap- peared and was heard. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to direct staff to place "Blind Child" signs on Quail Avenue North in the 5825 Quail vicinity. Motion Carried. The City Council considered a request for a peddler's license from Austin Diversified Products. No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Smothers to deny, based on the findings of fact on the police report, a request for a peddler's license for Austin Diversified Products. Motion Carried. The City Council considered bids for Bass Lake Road Streetscape pro- ject. Mr. Harold Skjelbostad, of BRW, was present and heard. 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. 86-23 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for the Bass Lake Road Streetscape Project, and WHEREAS, such bids were received and publicly opened on June 3, 1986, and tabulated as follows: Hardrives, Inc. $478,576.00 C.S. McCrossan Construction Co. $486,152.50 AND WHEREAS, this amount includes bid alternate No. 2 at an ad- ditional cost of $3,000.00, AND WHEREAS, Hardrives, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for the Bass Lake Road Streetscape Project, in the amount of $478,576.00, to Hardrives, Inc., including Alternate No. 2, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. Moved by Councilmember Leppa and seconded by Councilmember Rygg to exclude Alternate #2 in the amount of $3,000.00. By roll call and voting aye: Langsdorf, Leppa, Rygg, Smothers; voting no: Moravec, Aaker; absent, not voting: Herbes. Amendment Carried. 62 17 JUNE 1986 The Mayor then called for a vote on the original motion, as amended. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers Aaker; abient, not voting: Herbes. Motion carried, resolution de- clared adopted. May r ATTEST: City Clerk The City Council considered a request from Propper Oil Company to allow the existing sign to remain after the work is done on Bass Lake Road at 6600 - 56th Ave. N. (10,000 Auto Parts). Loren Butterfield, repre- senting the Propper Oil Company, appeared and was heard. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to deny the request for a sign variance, Application #586-5, to allow existing sign to remain after work is done on Bass Lake Road at 6600 56th Ave. N. (10,000 Auto Parts) because of the size of the sign, the aesthetics, and it would not be in keeping with other signage along Bass Lake Road. Potion Carried. The City Council considered the Second Reading of an ordinance rela- ting to bicycles. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86-7 AN ORDINANCE RELATING TO BICYCLES; REPEALING CRYSTAL CITY CODE, SUBSECTIONS 1325.01 THROUGH 1325. 13 and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance allowing amusement centers in an I-2 Zone. Mike Fisher, proponent, and John Schaaf, 4908 Quail Ave. N., were present and heard. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-8 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE (APPENDIX I - ZONING), SUBSECTION 515.41, SUBDIVISION 4, BY ADDING A CLAUSE and further, that this be the second and final reading. By roll call and voting aye: Smothers, Moravec, Langsdorf, Leppa, Rygg; voting no: Aaker; absent, not voting: Herbes. Motion Carried. 17 JUNE 1986 The City Council considered the agreement concerning the First Amend- ment to Declaration regarding Condominium #585, Skipper's Restaurant. Mr. N. Walter Graff from the law firm representing Lance Service; Inc., was present and heard. 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. 86-24 RESOLUTION CONSENTING TO AMENDMENT OF DECLARATION FOR CONDOMINIUM NUMBER 585 AND AUTHORIZING THE SPLIT OF TAXES AMONG THE UNITS WHEREAS, the owners of land formerly described as Lot 2, Block 1, Blakeborough Addition, Hennepin County, Minnesota have duly caused to be created and established a condominium known as Condominium Num- ber 585, Bass Lake Road Business Center, A Condominium; and WHEREAS, the owners (which are comprised of Lance Service, Inc., a Minnesota corporation "Declarant" and Skipper's,Inc., a Washington corporation ("Skippers") have requested that the City approve the split of the property for ad valorem tax purposes; and WHEREAS, the City is willing to approve such tax split but only if the owners first amend the condominium Declaration as hereinafter provided, which the owners have agreed to do, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal as follows: 1. The City Council hereby approves a tax split of the condo- minium land among the units so that each unit together with its common element interest constitutes a separate parcel of real estate. 2. The City Manager and City Assessor are authorized to take whatever steps are necessary to communicate this approval to the real estate taxing authority for Hennepin County; provided, however, that such approval shall not be commu- nicated until the owners have furnished the City with evidence that the owners have executed and recorded the document entitled First Amendment to Declaration, a copy of which is annexed to this Resolution as Exhibit A. 3. Communication of the approval shall be deemed as conclu- sive proof that such evidence of execution and recorda- tion has been received and accepted by the City. 63 64 17 JUNE 1986 By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers; Aaker; absent, not voting: Herbes. Motion carried., -resolution de- clared adopted. Mayor ATTEST: City Clerk Exhibit A Condominium Number 585 BASS LAKE ROAD BUSINESS CENTER, A CONDOMINIUM FIRST AMENDMENT TO DECLARATION THIS AMENDMENT is made this day of , 1986, by LANCE SERVICE, INC., a Minnesota corporation (hereinafter referred to as "Declarant") , and SKIPPER'S, INC., a Washington corporation (herein- after referred to as "Skipper's"), pursuant to the provisions of the Minnesota Uniform Condominium Act, Chapter 582, Session Laws of Min- nesota for 1980, Minnesota Statutes Sections 515A.1-101 to 515A.4-117 (hereinafter referred to as the "Act"). WITNESSETH THAT: WHEREAS, on December 23, 1985, Declarant executed a certain De- claration entitled "Condominium Number 585, Declaration for Condomin- ium, Bass Lake Road Business Center, A Condominium" together with Exhibits attached thereto (hereinafter referred to as the "Declaration"), which Declaration together with the Site Plan, Floor Plans and By -Laws were filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, respectively as Document No. (Declaration), Document No. (By -Laws), and Document No. (Site Plan and Floor Plans); and WHEREAS, this Condominium consists of 3 units, and Dedlarant is the owner of Units 1 and 3, and Skipper's is the owner of Unit 2; and WHEREAS, the Declarant and Skipper's now wish to amend the Declara- tion in certain respects; and WHEREAS, the general procedure for amendment of the condominium Declaration is set forth at Section 515A.2-119 of the Act, and par- ticularly Subsections 515A.2 -119(a) and (b) thereof; and WHEREAS, there are no other requirements for amendments in the Declaration; and WHEREAS, each and all of the first mortgagees of units (each mortgagee having one vote per unit financed) have executed a separate Consent and Joinder to this First Amendment attached hereto. 1 17 JUNE 1986 NOW, THEREFORE, said Declarant and Skipper's hereby amend the Declaration by adding a new paragraph "Q" as follows: "Q. From and after the date of this First Amendment, no new retail, office or other building shall be erected on the Peal Estate, nor any addition in floor area be made to any existing building on the Real Estate, unless, after such erection or addition, the number of available parking spaces in the Unit in which the new construction takes place, and in the Real Estate as a whole, shall meet or exceed the minimum number of parking spaces then required by applicable ordinances of the City of Crystal. This paragraph Q may not be amended or deleted without the written assent of the City of Crystal, which shall be recorded with any such amendment." Except as hereby expressly amended, said Declaration continues in full force and effect as originally executed. IN WITNESS WHEREOF, Declarant and Skipper's have caused this First Amendment to Declaration to be executed the day and year first above written. LANCE SERVICE, INC., a Minnesota corporation By: Its: SKIPPER'S, INC., a Washington corporation By. _ Its: Mayor Aaker called a recess for ten minutes at 9:03 P.M. The City Council considered the First Reading of an ordinance amend- ing Section 100.07 of the Crystal City Code. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO STATE LAWS AND CODES; AMENDING CRYSTAL CITY CODE, SUBSECTION 100.07 and further, that the second and final reading be held on July 1, 1986. Motion Carried. 65 I 17 JUNE 1986 The City Council considered adopting the Hennepin County Food Code. The Sanitarian was present to explain the proposed Code. Moved by Councilmember Moravec and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE REPEALING SECTION 610 OF THE CITY ORDINANCES RELATING TO FOOD SANITATION AND ADOPTING A NEW FOOD SANI- TATION ANI- TATION CODE and further, that the second and final reading be held on July 1, 1986. Motion Carried. The City Council considered a proposal for a cat licensing ordinance. Moved by Councilmember Leppa and seconded by Councilmember Smothers to con- tinue until the next regular Council meeting the discussion of a pro- posal for a cat licensing ordinance. Motion Carried. The City Council considered an amendment to the portable sign ordi- nance. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO SIGNS: AMENDING CRYSTAL CITY CODE, SUBSECTION 406.13, SUBDIVISION 5 and further, that the second and final reading be held on July 1, 1986. Motion Carried. The City Council considered final approval of Larson's Rolling Green Addition. 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. 86-25 RESOLUTION APPROVING 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 Larson's Rolling Green Addition, as submitted by Rolling Green of Crystal, 67 17 JUNE 1986 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled LARSON'S ROLLING GREEN ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsd7mo� fLeppa, Rygg,.f_Moravec, Smothers, Aaker; absent, not voting: Herbes. ion carr'', resolution declared adopted. kk/ Mayor ATTEST: City Clerk The City Council considered final approval of proposed plat Schweitzer 2nd Addition; accepting surety inthe amount of $9,500; and entering into agreement. 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. 86-26 RESOLUTION APPROVING 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 Schweitzer 2nd Addition, as submitted by Volun- teers of America Care Facilities, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled SCHWEITZER 2ND ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers, Aaker; absent, not voting: Herbes. Motici.carried, resolution de- clared adopted. // Mayor ATTEST City Clerk Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept surety in the amount of $9,500 as a guaranty of faithful per- formance of certain work requirements as a condition of plat approval for Crystal Care Center, 3245 Vdra Cruz N. Motion Carried. 17 JUNE 1986 Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to enter into agreement with Crystal Care Center for the purpose of guaranteeing faithful performance for certain work requirements as a condition of plat approval at 3245 Vera Cruz Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered surety release in the amount of $30,000 for Swenson Apartments, 5601-07 Vera Cruz Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Moravec to accept the work required as a condition of building permit approval for Swenson Apartments, 5601-07 Vera Cruz Ave. N., subject to guaranty provisions, of the agreement, effective this date, and that surety of Crystal State Bank Letter of Credit No. 59, in the amount of $30,000 be released, subject to said guaranty, as recommended by the Assistant City Engineer. Motion Carried. The City Council considered an appointment to the Advisory Board for the Community Block Grant Program. Moved by Councilmember Moravec and seconded by Councilmember Smothers that the Mayor be empowered to appoint an individual to the Advisory Board for the CDBG Program before the end of June, if someone comes forward, or someone is suggested by any of the Councilmembers, who is interested in the position. Motion Carried. The City Council considered a resolution redirecting CDBG funds Year XI from Scattered Site Housing Projects to Housing Rehabilitation Loan Program. 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. 86-27 RESOLUTION APPROVING TRANSFER OF YEAR XI COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO ANOTHER WHEREAS, the City of Crystal had allocated $44,317 from Year XI Community Development Block Grant (CDBG) Funds for Land Acquisition/ Scattered Site Activity, and WHEREAS, it is doubtful the City of Crystal will be able to uti- lize this money since homebuyers must be eligible under Section 8 income limits, and WHEREAS, all- Year XI CDBG activities must be committed by De- cember, 1986, and WHEREAS, the City of Crystal can use this $44,317 for its Hous- ing Rehabilitation Loan Program already in existence, C 69 17 JUNE 1986 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that the $44,317 be reallocated to the Housing Rehabilita- tion Loan Program Project No. 21021, and be utilized as best as pos- sible by December 31, 1986. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers, Aaker; absent, not voting: Herbes. Motion cavried, resolution de- clared adopted. ATTEST: City Clerk Mayor The City Council considered a change in the polling place location for Ward 3, Precinct 1. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve a change in the polling place location for Ward 3, Precinct 1, to the Knights of Columbus Hall, 4947 West Broadway, in the City of Crystal. Motion Carried. The City Council considered the Second Reading of an ordinance amend- ing Section 400.07 regarding building construction. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-9 AN ORDINANCE RELATING TO BUILDING CONSTRUCTION; AMEND- ING CRYSTAL CITY CODE, SUBSECTION 400.07 and further, that this be the second and final reading. Motion Carried. The City Council considered a letter of resignation from Ken Retzlaff from the Human Relations Commission. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the resignation of Ken Retzlaff from the Human Relations Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council considered a resolution requesting the Commissioner of Transportation to certify an annual amount from Crystal's State Aid allotment to the Commissioner of Finance to cover bonds sold by the City for construction or improvement of State Aid streets within the City. 70 17 JUNE 1986 Moved by Councilmember 11oravec and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-28 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $407,000 GENERAL OBLIGATION STATE AID BONDS, SPECIAL SERIES OF 1986, TO BE PURCHASED BY THE PERMANENT IMPROVEMENT REVOLVING FUND (The text of Resolution No. 86-28 is attached and is la- beled "Exhibit 1".) By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers, Aake r; absent, not voting: Herbes. Motion carried resolution de- clared adopted. Mayor ATTEST: City Clerk 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. 86-29 A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO CERTIFY ANNUALLY AN AMOUNT FROM CRYSTAL'S STATE AID ALLOTMENT TO THE COMMISSIONER OF FINANCE TO CON?ER BONDS SOLD BY THE CITY FOR CONSTRUCTION OR IMPROVED^ENT OF STATE AID STREETS WITHIN THE CITY WHEREAS, the City of Crystal has issued and sold bonds, dated June 20, 1986, in the amount of $407,000 exclusively for the purpose of establishing, locating, relocating, constructing, reconstructing or improving its State -Aid Highways or Streets in accordance with Law, and WHEREAS, said City of Crystal has irrevocably pledged to the sink- ing fund from which said obligations are payable, that amount of their future State -Aid allotments as is permissable by Law and needed to pay the principal and interest thereon; which principal payments shall be made from the Regular construction account of such State -Aid fund and the interest payments made from their Regular State -Aid mainten- ance account, all as detailed herein: 8% YEAR DATE PRINCIPAL INTEREST TOTAL DUE 1987 1/20/87 193,013.00 18,994.00 212,007.00 1988 1/20/88 213,987.00 17,119.00 231,106.00 71 17 JUNE 1986 NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Trans- portation be and is hereby requested to keep a bond record in his office for the City of Crystal. BE IT FURTHER RESOLVED that the Commissioner of Transportation be and is hereby requested upon receipt of this resolution to annually certify to the Commissioner of Finance the sum of money required for the principal and interest on said bonds. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers, Aaker; absent, not voting: Herbes. Motion carried,.resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered accepting surety in the amount of $15,000, entering into agreement and issuance of building permit #7460 for Octopus Car Wash, 5301 Douglas Drive. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept surety in the amount of $15,000, as a guaranty of faithful performance for certain work requirements as a condition of issuance of a building permit for Octopus Car Wash, 5301 Douglas Drive. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to enter into agreement with Octopus Car Wash for the purpose of guar- anteeing faithful performance of certain work requirements as a con- dition of issuance of a building permit for Octopus Car Wash, 5301 Douglas Drive, 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 the authorization to issue building permit #7460 for Octopus Car Wash, 5301 Douglas Drive, subject to standard procedure. Motion Carried. The City Council considered the Second Reading of an ordinance rela- ting to streets; changing the name of a certain street from Florida Avenue North to Sherburne Avenue North, between 55th and 56th Avenues North (Bass Lake Road) . Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to adopt the following ordinance: 72 17 JUNE 1986 ORDINANCE NO. 86-10 AN ORDINANCE RELATING TO STREETS; CHANGING THE NAME OF A CERTAIN STREET and further, that this be the second and final reading. By roll call and voting aye: Moravec, Aaker, Rygg, Leppa, Langsdorf; abstained: Smothers; absent, not voting: Herbes. Motion Carried. The City Council considered a contract with Hennepin County concern- ing a Day Care Program. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: RESOLUTION NO. 86-30 A RESOLUTION APPROVING CDBG YEAR XII 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 Agree- ment with Greater Minneapolis Day Care, a public service agency, for providing $10,000 from the Urban Hennepin County Community De- velopment Block Grant to the Agency in support of the Child Care Slid- ing Fee Program, AND FURTHER, that the Mayor and City Manager be authorized to sign such Agreement. By roll call and voting aye: Langsdorf, Leppa, Rygg, Moravec, Smothers, Aaker; absent, not voting: Herbes. Motion carried, :resolution de- clared adopted. 1/ Mayor ATTEST: City Clerk The City Council considered a request for the Crystal Frolics parade to be held on July 25, 1986. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to authorize the use of the City of Crystal streets for a parade on July 25, 1986. Motion Carried. Councilmember Leppa requested a discussion regarding building permits for storage sheds and yard buildings. 73 17 JUNE 1986 By common consent, the City Council directed staff to place on the next agenda the discussion of a possible revision of an ordinance regarding building permits required for yard buildings and storage sheds. Moved by Councilmember Smothers 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, including a Gas Fitters license for Comfort Mechanical, Inc., 4721 - 33rd Avenue N., Minneapolis, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ATTEST City Clerk Mayor Exhibit 1 RESOLUTION NO. 86-28 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $407,000 GENERAL OBLIGATION STATE AID STREET BONDS (SPECIAL SERIES 1986) TO BE PURCHASED BY THE PERMANENT IMPROVEMENT REVOLVING FUND BE IT RESOLVED By the City Council of the City of Crystal, Minnesota, as follows: Section 1. Findings. 1.01. The City has determined to construct improvements (Improve- ments) to various municipal state aid streets in the City as set forth in proposed Resolution No. 86-29 to be adopted on this date. 1.02. The estimated cost of the Improvements is $407,000. 1.03. The City is authorized by Minnesota Statutes, Section 162.18 to issue its general obligation bonds (Bonds) and to purchase the bonds for the account of any municipal fund in anticipation of the allocation of municipal state aid funds in an amount and on terms such that the average annual amount of principal and interest due in all subsequent years on the Bonds together with other state aid bonds, does not exceed the amount of the last annual allotment from the Construction Account in the Municipal State Aid Fund proceeding the issuance of the Bonds. 1.04. The last annual allotment of funds to the City from the con- struction account in the Municipal State Aid Fund was $916,080.60. 1.05. It is necessary and expedient to the sound financial management of the affairs of the City to issue $407,000 General Obligation State Aid Street Bonds, Special Series of 1986 (Bonds) to provide financing for the Improvements. 1.06. The City determines that it is desirable that the Bonds be purchased by the Public Improvement Account in the Permanent Improvement Revolving (PIR) Fund of the City. Sec. 2. Sale of Bonds. 2.01. The City shall forthwith issue and sell the Bond to the PIR Fund. The Bond shall be one in number, in typewritten form and containing the terms and conditions and executed in substantially the form set forth below: 1 74 75 No. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION STATF AID STREET BOND SPECIAL SERIES OF 1986 $407,000 The City of Crystal, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to the City of Crystal Permanent Improvement Revolving Fund the principal sum of $407,000 on the 20th day of January in the years and installment amounts as follows: Year Amount 1987 $193,013 1988 213,987 and to pay interest thereon on the unpaid balance outstanding at the rate of 8.007 per annum. Interest shall accrue on the unpaid principal amount of the Bond on January 20 of each year until the aggregate principal amount is paid. Principal and interest on this Bond are payable at the office of the City Treasurer of the City of Crystal, Minnesota. This Bond is subject to redemption and prepayment in whole or in part at any time in inverse order of maturities at par plus accrued interest to date of redemption. This Bond is issued for the purpose of providing financing the expens- es incurred and to be incurred in establishing, locating, constructing, reconstructing and improving municipal state aid streets in the City and is payable from the City's annual allotments from the Municipal State Aid Street Fund. The full faith, credit and taxing powers of the City are hereby pledged to the payment of the principal and interest on this Bond. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minnesota by its City Council has caused the Bond to be executed in its behalf by the manual signature of its Mayor and City Manager, and has caused this Bond to be dated June 20, 1986. Mayor City Manager 2.02. The Bond shall be payable from the 1986 State Aid Bond Debt Service Account (Account) hereby created in the Permanent Improvement Account in the PIR Fund, and the proceeds of moneys allocated or to be allocated to the City from its account in the Municipal State Aid Street Fund are pledged to the Account. The City Council hereby pledges the full faith, credit and taxing powers for the payment of the Bond. 2.03. The Bond is subject to redemption and prepayment at any time at the par amount then outstanding plus accrued interest to date of redemp- tion. 2.04. It is further determined that the estimated collections of special assessments, taxes and other payments pledged to the payment of this Bond will produce at least 5% in excess of the amount needed to meet, when due, principal and interest payments on the Bond and that no tax levy is needed at this time. Attest: City Clerk 1 jfa3�or 76 77 1 JULY 1OP6 6 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 1, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff mem- bers: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant City Engineer; Don Peterson, Building Inspector; Darlene George, Deputy City Clerk; and Nancy Deno, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the minutes of the regular Council meeting of June 17, 1986. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. Consideration of a request for a gambling license for St. Raphael's Church at 7301 Bass Lake Road. 2. Consideration of a gambling license for the VFW Post #494 Ladies Auxiliary at 5222 - 56th Ave. N. 3. Consideration of a request for a gambling license for Crystal Gazers VFW Post #494 at 5222 - 56th Ave. N. 4. To set 7:00 P.M., or as soon thereafter as the matter may be heard, July 15, 1986, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Gerard Clasemann to build a 24'x26' detached garage at 3452 Kyle Ave. N. Moved by Councilmember Herbes 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Ed Altman for a variance of 7' in the required 17.29' side street side yard setback to build an 8'x22' addition to the existing garage at 6600 - 32nd Ave. North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Altman was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to deny the authorization to vary or modify the strict application of Slection 515.13, Subd. 3 a) 2) ii), for a variance of 7' in the re- quired 17.29' side street side yard setback for an 81x22' addition to the existing garage at 6600 - 32nd Ave. N. By roll call and voting aye: Leppa, Herbes, Smothers; voting no: Moravec, Langsdorf, Rygg, Aaker. Motion Failed. 1 JULY 1986 Moved by Councilmember Pygg and seconded by Councilmember Langsdorf to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 3 a) 2) ii), to grant a variance of 7' in the required 17.29' side street side yard setback for an 8'x22' addition to the existing garage at 6600 - 32nd Ave. N., as requested in Application #86-15 of Edward Altman. By roll call and voting aye: Moravec, Langsdorf, Rygg, Aaker; voting no: Leppa, Herbes, Smothers. (Needs 5 votes) Motion Failed. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date as advertised for a public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Laurel Higgins for a variance of 10' in the required 40' rear yard setback to build a 10'xl2' deck at 5201 Xenia Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Ms. Higgins appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 10' in the required 40' rear yard setback for a 10'x12' deck at 5201 Xenia Ave. N., as requested in Application #86-16T of Laurel Higgins. Motion Carried. The City Council considered a request from Steve O's, 4900 West Broad- way, to hold a pig roast in the parking lot on August 16, 1986, with customers being allowed to consume drinks in the lot. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the request extending limits, relating to the on -sale liquor license of Steven Weisman Industries, of the licensed premises to in- clude the parking lot at Steve O's, 4900 West Broadway, for one day on August 16, 1986. Motion Carried. The City Council considered surety release in the amount of $112,000 for Park Place, 5430-48 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Park Place, 5430-48 Douglas Drive, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $112,000 be released, subject to said guaranty, as recommended by the Assistant City Engineer. Motion Carried. The City Council considered release of surety of letter of credit in the amount of $30,000 as part of the Developer's Agreement and guar- anteed construction of Park Place, 5430-48 Douglas Drive. Herbes to ye- as part of Park Place, Moved by Councilmember Rygg and seconded by Councilmember lease surety of letter of credit in the amount of $30,000 the Developer's Agreement and guaranteed construction of 79 1 JULY 1986 5430-48 Douglas Drive, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $30,000 be re- leased, subject to said guaranty. Motion Carried. Dennis Persons appeared before the City Council to discuss the Park Place project, and to thank them and City staff for their cooperation. The City Council considered requests from St. Raphael's Church for a permit for temporary signs and a waiver of fee; a request for a 3.2 beer stand; and a request for a carnival license for their Festival on August 1, 2 and 3, 1986, at 7301 Bass Lake Road. Al Pint appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a permit for temporary signs and a waiver of fee for St. Raphael's Church for their Festival on August 1, 2, and 3, 1986, at 7301 Bass Lake Road. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve a request for a 3.2 beer stand for St. Raphael's Church for their Festival on August 1, 2, and 3, 1986 at 7301 Bass Lake Road. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a carnival license for St. Raphael's Church for their Fes- tival on August 1, 2, and 3, 1986, at 7301 Bass Lake Road. Motion Carried. The City Council considered a petition for a two-way stop sign on Welcome Avenue at the corner of Welcome and Wilshire Boulevard. Ron Wojcik, 5436 Welcome Ave. N., appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct City staff to erect a two-way stop sign on Welcome Avenue at the corner of Welcome and Wilshire Boulevard. Motion Carried. The City Council considered a request for a variance to the sign or- dinance for a reader board at 5640 West Broadway for Medical Center Pharmacy. Bob Benedict appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a variance of Section 406.17, Subd. 2 c) to allow a reader board at 5640 West Broadway, as requested in variance application #S86-6. Motion Carried. The City Council considered awarding bids for Sidewalk and Curb Re- pair Project No. 66-D. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: M 1 JULY 1986 RESOLUTION NO. 86-31 RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for Sidewalk and Curb and Gutter Repair No. 66-D, and WHEREAS, such bids were received and publicly opened on June 25, 1986, and tabulated as follows: A & J Cement Company $15,520.00 Adcon, Inc. 16,428.75 Gunderson Brothers Co., Inc. 16,660.00 Independent Curb Contractors, Inc. 18,770.00 AND WHEREAS, A & J Cement Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for Sidewalk and Curb and Gutter Repair No. 66-D to A & J Cement Company, in the amount of $15,520.00, 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, reso]Ation decla adopted. Mayor ATTEST: City Clerk The City Council considered a proposal for a cat licensing ordinance. Tom Heenan, the Supervising Sanitarian, was present and heard. Moved by Councilmember Moravec to adopt the following ordinance: AN ORDINANCE RELATING TO ANIMALS: REQUIRING LICENSING OF CATS: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 910.01, 910.03, 910.05, 910.07, 910.13, 910.17 AND 910.19 Motion Died for Lack of a Second. The City Council considered the Second Reading of an ordinance amending the use of portable signs. Jon Finn of Lincoln Properties/Crystal Gallery, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following ordinance: 81 1 JULY 1986 AN ORDINANCE RELATING TO SIGNS: AMENDING CRYSTAL CODE, SUBSECTION 406.13, SUBDIVISION 5 and further, that this be the second and final reading. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to reconsider the motion. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue the discussion of the second reading of an ordinance amend- ing the use of portable signs until July 15, 1986, so the City Attorney can reword the amendment as requested by the Council. Motion Carried. The City Council considered the Second Reading of an ordinance amending Section 100.07 of the Crystal City Code. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-11 AN ORDINANCE RELATING TO STATE LAWS AND CODES; AMENDING CRYSTAL CITY CODE, SUBSECTION 100.07 and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance adopt- ing the Hennepin County Food Code. Moved by Councilmember Smothers and seconded by Councilmember Herbes to continue until July 15, 1986, the discussion of the Second Reading of an ordinance adopting the Hennepin County Food Code. Motion Carried. The City Council considered the First Reading of an ordinance amend- ing Crystal City Code, Appendix I (Zoning), Section 515.59, Subdivi- sion 1 regarding the enforcement of the Zoning Code. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I (ZONING) SUBSECTION 515.59, SUBDIVISION 1 and further, that the second and final reading be held on July 15, 1986. Motion Carried. The City Council considered a lease renewal and additional room ren- tal for Room 119 at Thorson Community Center for Waste Management Board. M. 1 JULY 1986 Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the lease renewal and additional room rental for Room 119 at Thorson Community Center for Waste Management Board, and authorize the Mayor and City Manager to sign the renewal. Motion Carried. The City Council considered releasing surety in the amount of $21,000 for Octopus Car Wash, 5301 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Rygg to accept the work required as a condition of building permit approval for Octopus Car Wash, 5301 Douglas Drive, subject to guaranty provi- sions of the agreement, effective this date, and that surety of First Bank Robbinsdale Letter of Credit No. 83-69, in the amount of $21,000 be released, subject to said guaranty, as recommended by the Assistant City Engineer. Motion Carried. The City Council considered setting a date for the assessment hearing. Moved by Councilmember Herbes and seconded by Councilmember Rygg to set 7:00 P.M., or as soon thereafter as the matter may be Heard, Oc- tober 7, 1986, as the time and date for the assessment hearing. Motion Carried. The City Council considered a resolution regarding the Multi -City Joint Rental Housing Program (Brutger Project) authorizing the execution of certain documents. 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. 86-32 RESOLUTION RELATING TO MINNESOTA MULTI -CITY JOINT RENTAL HOUSING PROGRAM (BRUTGER PROJECT) AUTHORI- ZING THE EXECUTION OF CERTAIN DOCUMENTS. BE IT RESOLVED: 1. There have been submitted to this Council forms of proposed amendments to the Regulatory Agreement and Declaration of Restrictive Covenants in connection with housing revenue bonds issued by the City for the Brutger Project pursuant to the Minnesota P4ulti-City Joint Rental Housing Program. 2. The purpose of the amendments is to conform the basic bond documents to requirements of state and federal law. 3. The documents are entitled: a) First Amendment to Regulatory Agreement; and b) Certification of Amendment for Determination of Deletion of Covenants. 0 1 JULY 1986 4. The form of the documents is approved. The Mayor and City Manager are authorized and directed to execute and deliver the docu- ments on behalf of the City. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. '-Mayor ATTEST: City Clerk The City Council discussed accessory buildings and their permit re- quirements. By common consent, the City Council directed staff to supply them with a copy of the Uniform Building Code and the City codes pertain- ing to this subject. The City Council discussed the National League of Cities conference, and five Councilmembers indicated they are planning to attend. The City Manager informed the Council of the City's opportunity to purchase property where the Little League Field is located. By common consent, the Council directed staff to proceed with appraisals, etc. Staff was also directed to survey surrounding communities regarding their regulations on excessive burglar alarm calls due to malfunctions. 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 Kramer Mechanical Plumbing and Heating and McGuire Mechanical Services, Inc. for a Plumbing license, 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. ATTEST: City Clerk f� Mayor W 15 JULY 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 15, 1986, 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, Leppa, Herbes, Aaker, Moravec, Smothers; the following were absent: Pygg. Also present were the following staff members: John Olson, Assistant City Manager; Dave Kennedy, City Attorney; Dan Smith, Assistant 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 meeting of July 1, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of July 1, 1986. Motion Carried. The City Council considered the Consent Agenda items as follows: To set 7:00 P.M., or as soon thereafter as the matters may be heard, August 5, 1986, as the time and date for public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to consider the following: A request from Todd Pallum for a variance of 9.68' in the required 60' lot width and a variance to expand a non -conforming structure to allow the con- struction of a 20'x22' attached garage at 5109 - 50th Avenue North. A request from Todd Pallum for a variance of 9.87' in the required 60' lot width to allow the construc- tion of a 28'x38' house at 5105 - 50th Ave. N. To set 7:00 P.M., or as soon thereafter as the matter_ may be heard, August 5, 1986, as the time and date for a pub- lic hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Chanh Van Nguyen for a variance of 7' in the required 25' rear yard setback to build a 10'x10' deck at 5114 Angeline Avenue North. Moved by Councilmember Herbes 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 time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a variance to expand a non- conforming use (said non -conformity being the lot is 39.95' wide in- stead of the required 60' width) and a variance of 19.2' in the re- quired 30' side street side yard setback to allow the construction of 1 N 15 JULY 1986 a 241x26' detached garage at 3452 Kyle Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) to expand a non -conforming use, said non -conformity being the 39.95' lot width instead of the 60' lot width; and to grant a variance of 19.2' in the required 30' side street side yard setback (Section 515.13, Subd. 3 a) 2 iii) to allow the construction of a 24'x26' detached garage at 3452 Kyle Ave. N., as requested in Appli- cations #86-21 and #86-22. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tentative approval of proposed plat Welcome Way Addition, located at 4835 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilmember Smothers and seconded by Councilmember Herbes to grant tentative approval of proposed plat Welcome Way Addition, located at 4835 West Broadway. Motion Carried. The City Council considered a petition submitted by Robert Breen for a blockade sign at 5062 Quail Ave. N. Those present and heard were: Mr. Breen, 5062 Quail; and Elmer Carlson, 5054 Quail Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Leppa to direct staff to install a warning sign to indicate a stop sign is ahead, to order an oversized stop sign to be installed on 51st Avenue North at. Quail Avenue North, and to install a standard -sized sign until the new sign is received. Motion Carried. The City Council considered a request from Harold and Betty Kauffman for a private kennel license at 3424 Wisconsin Ave. N. Those present and heard were: Mr. Kauffman, 3424 Wisconsin Ave. N. and Don Freiborg, 3416 Wisconsin Ave. N. Mr. Kauffman presented letters from neighbors. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve a private kennel license for Betty and Harold Kauffman at 3424 Wisconsin Ave. N. Motion Carried. The City Council considered a request from Delphine Goff for a pri- vate kennel license at 6810 Corvallis Ave. N. Pis. Goff was present. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a private kennel license for Delphine Goff at 6810 Corval- lis Avenue North. Motion Carried. The City Council considered building permits #7608, #7609, and #7610, to build airplane hangars on Lots 80A, 80B, and 80C at the Crystal Airport, as requested by Charles Nichols. Mr. Nichols was present and heard. M-1 15 JULY 1986 By common consent the City Council continued this item to the August 5 meeting because the City has not received the lease approval from the -Metropolitan Airports Commission. The City Council considered a request from the Crystal Fire Relief Association for the following licenses for the Crystal Frolics at Welcome Park on July 25, 26 and 27, 1986: Two 3.2 beer stands; car- nival license for Klein Shows; cigarette; itinerant food stand; and a gambling license from the State of Minnesota. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve two 3.2 beer stand licenses for the Fire Relief Association for the Crystal Frolics at Welcome Park on July 25, 26, and 27, 1986. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve a carnival license for Klein Shows for the Crystal Frolics at Welcome Park on July 25, 26, and 27, 1986. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to approve a cigarette license for the Crystal Fire Relief Asso- ciation for the Crystal Frolics at Welcome Park on July 25, 26, and 27, 1986. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve an itinerant food stand license, and waiver of fee, for the Crystal Fire Relief Association for the Crystal Frolics at Welcome Park on July 25, 26, and 27, 1986. Motion Carried. The City Council considered a gambling license from the State of Minne- sota requested by the Crystal Fire Relief Association for the Crystal Frolics at Welcome Park on July 25, 26, and 27, 1986. No action was taken. Dave Mills appeared before the City Council to request permission to paint house numbers on street curbs. Moved by Councilmember Smothers and seconded by Councilmember Moravec to continue until August 5, 1986, the discussion of a request by Dave Mills to paint house numbers on street curbs, to give Mr. Mills the time to consult with staff so City staff can report back to the Council with a recommendation. Motion Carried. The City Council considered an amendment to the animal ordinance. Mr. Tom Heenan, Public Health Sanitarian, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to adopt the following ordinance: J 87 15 JULY 1986 ORDINANCE NO. 86 - AN ORDINANCE AMENDING SECTION 910.03, SUBDIVISION 2 OF THE CRYSTAL CITY CODE RELATING TO THE ANIMAL ORDINANCE and further, that the second and final reading be held on August 5, 1986. Motion Carried. The City Council considered the Second Reading of an ordinance adopt- ing the Hennepin County Food Code. Moved by Councilmember Herbes and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 86-12 AN ORDINANCE REPEALING SECTION 610 OF THE CITY ORDINANCE RELATING TO FOOD SANITATION AND ADOPT- ING A NEW FOOD SANITATION CODE and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance amend- and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance amend- ing Crystal City Code, Appendix I (Zoning), Section 515.59, Subd. 1, regarding the enforcement of the Zoning Code. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-14 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I (ZONING) , SECTION 515.59, SUBDIVISION 1 and further, that this be the second and final reading. Motion Carried. The City Council considered the purchase of a used Vac -All for the Sewer Department. ing the use of portable signs. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 86-13 AN ORDINANCE RELATING TO SIGNS: AMENDING CRYSTAL CITY CODE, SUBSECTION 406.13, SUBDIVISION 5. and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance amend- ing Crystal City Code, Appendix I (Zoning), Section 515.59, Subd. 1, regarding the enforcement of the Zoning Code. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-14 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I (ZONING) , SECTION 515.59, SUBDIVISION 1 and further, that this be the second and final reading. Motion Carried. The City Council considered the purchase of a used Vac -All for the Sewer Department. M 15 JULY 1986 Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to obtain a legal determination on whether cities can take bids on used equipment, and further, if it is legally per- missible, to direct the City Manager to advertise for bids for a used Vac -All for the Sewer Department. Motion Carried. The City Council considered bids for Seal Coat Improvement Project No. 66-B. 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. 86-33 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for Seal Coat Improvement No. 66-B, and WHEREAS, such bids were received and publicly opened on July 9, 1986, and tabulated as follows: Allied Blacktop Co. $74,947.30 Buffalo Bituminous, Inc. 81,921.00 Bituminous Roadways, Inc. 93,594.40 AND WHEREAS, Allied Blacktop Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for Seal Coat Improvement No. 66-B to Allied Blacktop Company, in the amount of $74,947.30, 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, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion} carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered a resolution approving petitioner's apprai- sals of value for the streetscape project. N 15 JULY 1986 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. 86-34 RESOLUTION CERTIFYING PETITIONER'S APPROVED APPRAISALS OF VALUE: FISCHMAN , ET AL. PROPERTY BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City of Crystal is authorized to acquire land for street- scape purposes. 2. After study and consideration, the City has concluded that the real property described in its condemnation Petition in District Court File No. CD -1950 (hereinafter "the subject property") is rea- sonably necessary and convenient for use for streetscape purposes in connection with the Bass Lake Road -Becker Park Redevelopment Project, and thus commenced condemnation proceedings, including "Quick -Take" proceedings, to acquire the subject property. 3. The City has requested and received appraisal reports that set forth the damages to the subject property that will occur by rea- son of the acquisition thereof by the City. 4. Said appraisal reports are in proper form, in compliance with the standards and practices of the local appraisal community, and represent the best professional judgment of their author. 5. After study and consideration, and on the recommendation of its staff, the City has concluded that Mr. Brad Bjorklund's apprai- sals appropriately and accurately estimate the damages that will be suffered on account of the subject condemnation action. 6. The appraisal reports of Mr. Brad Bjorklund in the follow- ing amounts are declared to be the City's approved appraisals of value within the meaning of Minn. Stat. x'117.042 (1984): Parcel Amount One and One -A $20,500 Two $31,000 Three $19,000 Four $17,500 Five $18,000 Six $45,000 Seven $55,000 Eight $ 4,500 15 JULY 1986 7. The City's staff and attorney are directed to deposit forth- with with the Court a check in the amount of City's approved apprai- sals of value for the benefit of the various owners of the subject property. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker; absent, not voting: Rygg. Motion ,carried, resolution declared adopted. ' ` Mayor ATTEST: City Clerk The City Council considered ratification of an agreement with NSP for removal of poles on Bass Lake Road as part of the Bass Lake Road recon- struction. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve and ratify an agreement with NSP for removal of poles on Bass Lake Road as part of the Bass Lake Road Construction, NSP Project No. TEST -T68 -AAF, TEST -T68 -CAH. Motion Carried. The City Council considered a request to hold a fireworks display on July 25, 1986, pending receipt of proper insurance. Moved by Councilmember Smothers and seconded by Councilmember Leppa to approve a request to hold a fireworks display on July 25, 1986, pending receipt of proper insurance. Motion Carried. The City Council considered a request for a 3.2 special beer stand license and waiver of the fee, for the Crystal Lions Club for a dance and pig roast in the parking lot of the Elks Club, 5410 Lakeland Ave. North, on July 26, 1986; and a request to consume liquor in the park- ing lot by members only and their guests of the Elks Club. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve a request for a 3.2 special beer stand license and waiver of the fee, for the Crystal Lions Club for a dance and pig roast in the parking lot of the Elks Club, 5410 Lakeland Ave. N., on July 26, 1986, being able to consume the beer in the parking lot, subject to receipt of a proper certificate of insurance. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to approve a request by the Crystal Lions Club for members only and their guests of the Elks Club to consume liquor in the parking lot, purchased at the Elks Club. Moved by Councilmember Moravec and seconded by Councilmember Smothers to amend the motion to strike the words "for members only" from the motion. Amendment Carried. The Mayor called for a vote on the original motion, as amended. Motion Carried. 15 JULY 1986 Councilmember Smothers presented a copy of the parade route for the Crystal Frolics and where the "no parking" areas would be. 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 the list presented at the meeting, a copy of which is also on file in the office of the City Clerk, and further, that such lists be incor- porated 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. r M ay o r ATTEST: 1 City Cler 91 92 5 AUGUST 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on August 5, 1986, 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, Leppa, Herbes, Aaker, Moravec, Smothers; the following were absent: Rygg. Also pre- sent were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Dan Smith, Assistant 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 meeting of July 15, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular meeting of July 15, 1986. Motion Carried. The City Council considered the following item on the Consent Agenda: To set 7:00 P.M., or as soon thereafter as the matter may be heard, August 19, 1986, as the time and date for a pub- lic hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Jerry Schlieman for a variance of 4' in the required 40' rear yard setback to build a 12'x16' deck and a 16'x16' screen porch at 8524 - 32nd Place North. Moved by Councilmember Moravec 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a variance of 9.68' in the required 60' lot width and to consider expanding a non -conforming use (said non -conformity being the existing house encroaches 38.4' in the re- quired 40' rear yard setback) to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the requests. Those present and heard were: Elmer Carlson, representing the Scott Freiberg's, 5106 Fairview; and Priscilla Mead, 5101 - 50th Ave. N. Councilmember Rygg arrived at 7:08 P.M. Moved by Councilmember Moravec and seconded by Councilmember Smothers to table the above matter until the applicant can be present. Motion Carried. It being 7:00 P.M.,, or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of 93 5 AUGUST 1986 Adjustments and Appeals to consider a request from Todd Pallum for a variance of 9.87' in the required 60' lot width to allow the construc- tion of a 28'x38' house at 5105 - 50th Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. Elmer Carlson, representing the Scott Freiberg's, 5106 Fair- view; and Priscilla Mead, 5101 - 50th Ave. N. were present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to table the above matter until the applicant can be present. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Chanh Van Nguyen for a variance of 7' in the required 25' rear yard setback to build a 101x10' deck at 5114 Angeline Ave. N. The Mayor asked those pre- sent to voice their opinions or ask questions concerning the variance. The proponent was present. Moved by Councilmember Smothers and seconded by Councilmember Rygg that pursuant to Section 515.55 of the Crystal City Code, to approve the authorization to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 7' in the required 25' rear yard setback to allow the construction of a 101x10' deck at 5114 Angeline Ave. N., as requested in Application #86-20. Motion Carried. Miss Crystal, Nancy Trutwin; and Princesses Lisa Grimes and Terri King, appeared before the Council to thank the Council for their part in making the Crystal Frolics and Parade so successful. The Crystal Crime Prevention Officer, Stephen Holm, explained a special crime prevention project for the entire nation, "National Night Out", which will be observed in the City of Crystal on August 12, 1986. Mayor Aaker then read a Proclamation in which he proclaimed that Au- gust 12, 1986 at 8:00 P.M. would be "National Night Out" in the City of Crystal, and urged all residents to participate with citizens in other neighborhoods across the nation in making this project a success. The City Council considered a petition for a three-way stop sign at the intersection of 30th Avenue North and Sumter. John Winkler, 2963 Sumter, appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to install a three-way stop sign at the intersection of 30th Avenue North and Sumter. Motion Carried. The City Council considered a request from Dave Roehl to reconsider a deed restriction placed on the property he is purchasing at the request of the City Council on December 21, 1976. Don Larson, repre- senting Dave Roehl; and James Brown, 5362 Perry Circle, appeared and were heard. 94 5 AUGUST 1986 Moved by Councilmember Rygg and seconded by Councilmember Smothers to table the discussion of a deed restriction placed on the property at Lot 1, Block 1, Orchard Addition,for further clarification of the proposal. Motion Carried. The City Council considered extending a solicitor's license for Terry - bear to include eight additional Sundays at Rapid Oil, Highway #169 and Bass Lake Road, on August 10, 17, 24, 31 and September 7, 14, 21, 28, 1986. Moved by Councilmember Smothers and seconded by Councilmember Herbes to extend a solicitor's license for Terrybear to include August 10, 17, 24, 31 and September 7, 14, 21, 28, 1986, at Rapid Oil, Highway #169 and Bass Lake Road, subject to receipt of written permission from the property owner to use a portion of their lot. Motion Carried. Ed Brandeen, Director of Parks and Recreation, and Mark Hoffman, re- presenting the Park & Recreation Advisory Commission, appeared before the Council to present the Park & Recreation five-year capital improve- ments plan. The Council informed them they would consider their proposal when they consider the budget for 1987 for the City of Crystal. Mr. Fran Skilling, Past Commander of the VFW Post #494, appeared before the City Council to make a donation of a flag pole for the new Becker Park. Moved by Councilmember Smothers and seconded by Councilmember Rygg to accept the gift of the flag pole for the new Becker Park with grate- ful appreciation. Motion Carried. The City Council interviewed Walter J. Sochacki, Mary Petersen, Janell Saunders and Art Thom for appointment to the Park and Recreation Ad- visory Commission. Moved by Councilmember Leppa and seconded by Councilmember Smothers to appoint Walter J. Sochacki to the Park and Recreation Advisory Com- mission for an unexpired term ending December 31, 1987. Motion Carried. The City Council considered the application of Correne _LI for ap- pointment to the Environmental Quality Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Correne LaMee to the Environmental Quality Commission for an unexpired term ending December 31, 1986. Motion Carried. The City Council considered the application of Diane Warpeha for ap- pointment to the Human Relations Commission. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to appoint Diane Warpeha to the Human Relations Commission for an un- expired term ending December 31, 1986. Motion Carried. 5 AUGUST 1986 The City Council considered the recommendation of the Park and Recrea- tion Advisory Commission to appoint Burton Genis as their representa- tive to the Long -Range Planning Commission to fill the unexpired term of Marty Gates. Moved by Councilmember Herbes and seconded by Councilmember Rygg to appoint Burton Genis as the representative of the Park & Recreation Advisory Commission to the Long -Range Planning Commission for an un- expired term ending December 31, 1986. Motion Carried. Carl Anderson, President of Twin Lake North Condominium Association, and Walter Sochacki, a resident of the Condominium, appeared before the City Council to discuss water problems in the parking lot of their property. They were informed by the Council that the Shingle Creek Watershed Commission has directed a study of the situation and when it is completed, they will be notified of the findings. The City Council considered a request from Charles Nichols, Sr., to build a 40'x64' airplane storage hangar on Lot 80A, and 40'x54' air- plane storage hangars on Lots 80B and 80C, Crystal Airport. The appli- cant was present. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to issue building permit #7610 to build a 40'x64' airplane hangar on Lot 80A, #7609 to build a 40'x54' air- plane hangar on Lot 80B and #7608 to build a 40'x54' airplane hangar on Lot 80C, Crystal Airport, subject to standard procedure. Motion Carried. The Mayor called a recess at 8:57 P.M. and reconvened the meeting at 9:05 P.M. The City Council considered a Change Order for the Becker Park Shelter building for the construction of a 4" service in lieu of a 1-1/2" service into the building in order to allow interior connection of the irrigation system. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve Change Order #1 for the Becker Park Shelter building for construction of a 4" service in lieu of a 1-1/2" service into build- ing, in order to allow interior connection of the irrigation system, as requested by BRW., Inc. Motion Carried. The City Council considered bids for resurfacing of tennis courts. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 95 5 AUGUST 1986 RESOLUTION NO. 86-35 RESOLUTION AWARDING BID WHEREAS, the City of Crystal did advertise for bids for resur- facing tennis courts at Valley Place Park, and WHEREAS, such bids were received and publicly opened on July 30, 1986, and tabulated as follows: Carlson-LaVine, Inc. $ 6,695.00 Action Courts, Inc. 12,950.00 AND WHEREAS, Carlson-LaVine, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for resurfacing the tennis courts at Valley Place Park in the amount of $6,695.00, to Carlson-LaVine, Inc., and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, R gg, Herbes, Moravec, Smothers, Aaker. Motion carried, reso],,t,"ion de'c artd adopted. Mayo r ATTEST: X City Clerk The City Council considered a reduction of surety from $95,000 to be replaced by a cash escrow in the amount of $3,000 for Cedarwood Court Apartments, 5450-5500 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept a portion of the work required to be performed as a condi- tion of issuance of a building permit for Cedarwood Court Apartments, 5450-5500 Douglas Drive which has been completed and that surety in the amount of $95,000 (Bond No. 400HG 5355 of St. Paul Fire and Marine Insurance Co.) be released and replaced by a cash escrow payment in the amount of $3,000, as recommended by the Assistant City Engineer. Motion Carried. The City Council considered release of surety in the amount of $6,000 for Sarge's Auto Body, 5111 Hanson Court. Moved by Councilmember Rygg and seconded by Councilmember Leppa to accept the work required as a condition of building permit approval for Sarge's Auto Body, 5111 Hanson Court, subject to guaranty provi- sions of the agreement, effective this date, and that surety in the amount of $6,000 of Norwest Bank Plaple Grove Letter of Credit No. 258 be released, subject to said guaranty, as recommended by the Assistant City Engineer. Motion Carried. 97 5 AUGUST 1986 The City Council considered parking restrictions in the alley behind the businesses on the north side of Bass Lake Road. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the parking restrictions in the alley behind the businesses on the north side of Bass Lake Road, as recommended in a memo to the City Manager from the Chief of Police dated July 29, 1986. Motion Carried. The City Council considered the Second Reading of an ordinance rela- ting to the licensing of animals. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 86-15 AN ORDINANCE RELATING TO ANIMAL LICENSES; AMEND- ING CRYSTAL CITY CODE, SUBSECTION 910.03 , SUBDI- VISION 2 and further, that this be the second and final reading. Motion Carried. The Mayor declared a moment of silence in respect for William L. Sher- burne, retired City Engineer, who passed away on August 4, 1986. Councilmember Smothers explained the expenses incurred for the Crystal Frolics. Moved by Councilmember Rygg and seconded by Councilmember Smothers that the Council be aware of possible expenses to be incurred for the 1987 Crystal Frolics and upcoming Centennial of the City of Crystal when adopting the budget for 1987. Motion Carried. The Council thanked Councilmember Smothers for his good job with the Crystal Frolics. The City Manager announced that at 10:00 A.M., August 13, 1986, there would be a public hearing at the Hennepin County Board Room to consider a mandatory recycling ordinance. By common consent, the City Council directed staff to send a copy of the notice and proposed ordinance to the Environmental Quality Com- mission. 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. 5 AUGUST 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. / on Carried. Mayor ` ATTEST: City Clerk FJI 19 PUGUST 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on August 19, 1986, 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, Leppa, Herbes, Aaker, Moravec, Smothers; the following staff members were also present: John T. Irving, City Manager; Dave Kennedy, City At- torney; John Olson, Assistant City Manager; Dan Smith, Assistant 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of August 5, 1986. Motion Carried. The City Council considered the Consent Agenda which is as follows: 1. To set 7:00 P.M., or as soon thereafter as the matters may be heard, September 2, 1986, as the time and date for public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to consider the following: (a) A request from Waltraud Baecker for a variance of 2.5' in the required 5' side yard setback to build a 3.5'x21.71' addition to the existing garage at 5100 Quail Ave. N. (b) A request from Wade Waddell for a variance of 9' in the required 40' rear yard setback to build a 141x20' deck at 5233 Xenia Ave. N. 2. To designate polling places and appoint election judges for the September 9, 1986 Primary Election, as sub- mitted in a list by the City Clerk, with the correc- tion noted. 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the 'City Council would sit as a Board of Adjustments and Appeals to consider a request from Jerry Schlie- mann for a variance to encroach 4' in the required 40' rear yard set- back to build a 12'x16' deck and a 16'x16' screen porch at 8524 - 32nd Place North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. The proponent was present. Councilmember Rygg arrived at 7:05 P.M. 100 19 AUGUST 1986 Moved by Councilmember Langsdorf and seconded by Councilmember Herbes that pursuant to Section 515.55 of the Crystal City Code, to approve the authorization to vary or modify the strict application of Section 515.13, Subd. 4 a) to encroach 4' in the required 40' rear yard set- back to build a 12'x16' deck and a 16'x16' screen porch at 8524 - 32nd Place North, as requested in Application #86-26. Motion Carried. The City Council considered removing from the table the variance re- quest of Todd Pallum for a variance of 9.68' in the required 60' lot width and to consider expanding a non -conforming use (said non -conformity being the existing house encroaches 38.4' in the required 40' rear yard setback) to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Rygg to remove the above item from the table, as well as the following item concerning the property at 5105 - 50th Ave. N., since they are both owned by Mr. Pallum. Motion Carried. Those present and heard were: Todd Pallum, applicant; Dale Barrett, 5017 - 50th Ave. N.; and Priscilla Meade, 5101 - 50th Ave. N. Moved by Councilmember Leppa and seconded by Councilmember Smothers to deny the authorization for variances, as requested in Applications #86-17 and #86-18, at 5109 - 50th Ave. N. By roll call and voting aye: Smothers, Rygg, Leppa; voting no: Mor- avec, Herbes, Langsdorf, Aaker. Motion Failed. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to continue the discussion of a variance request by Todd Pallum for a variance of 9.68' in the required 60' lot width and to consider expanding a non -conforming use (said non -conformity being the existing house encroaches 38.4' in the required 40' rear yard setback) to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N., until such time as Mr. Pallum has had an opportunity to meet with staff for guidance and direction regarding this lot. Motion Carried. The City Council considered a request from Todd Pallum for a variance of 9.87' in the required 60' lot width to allow the construction of a 28'x38' house at 5105 - 50th Ave. N. Moved by Councilmember Rygg and seconded by Councilmember Moravec to continue the discussion of a variance of 9.87' in the required 60' lot width to allow the construction of a 28'x38' house at 5105 - 50th Ave. North, until such time as Mr. Pallum has had an opportunity to meet with staff for guidance and direction regarding this lot. Motion Carried. The City Council considered the First Reading of an ordinance rezon- ing property at 6000 Lakeland Ave. N., from R-1 (single family resi- dential) to B-3 (auto oriented commercial). Mr. Halek, proponent, was present and heard. 101 19 AUGUST 1986 Moved by Councilmember Herbes and seconded by Councilmember Leppa to refer this item to the Planning Commission because he has a new plan for rezoning to submit. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 5017 and 5025 West Broadway, and 5027-29 West Broadway from R-1 (single family residential) to B-4 (community commercial) . Mr. Todd Thompson, applicant, was present and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance. ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on September 2, 1986. By roll call and voting aye: Langsdorf, Leppa, Ryag, Moravec, Smothers, Aaker; voting no: Herbes. Motion Carried. The City Council considered a request for a conditional use permit to allow an amusement center to be built in an I-2 zoning district at 5141 Lakeland Ave. N. Mr. Michael Fischer, applicant, was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to approve, as recommended by and based on the findings of fact of the Planning Commission, Application #86-24, as submitted by Michael Fischer, for a conditional use permit to allow an amusement center to be built in an I-2 Zoning District at 5141 Lakeland Ave. N. By roll call and voting aye: Smothers, Moravec, Herbes, Rygg, Leppa, Langsdorf; voting no: Aaker. Motion Carried. The City Council considered a petition for the installation of signs prohibiting commercial hauling trucks to drive or park on Maryland Avenue from 5600 to 5700 unless making a delivery to residents on that block. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue the discussion of the above item until the petitioners appear before the Council. Motion Carried. The City Council considered a petition requesting the City of Crystal to require the Ponderosa Steak House to install a fence along Mary- land Avenue to prevent vehicles using the boulevard as an entrance and exit driveway to the property. Moved by Councilmember Smothers and seconded by Councilmember Leppa to continue the discussion on the above item until the petitioners appear before the Council. Motion Carried. 102 19 AUGUST 1986 The City Council considered a request from Jeff Straubel of Chalet Ski and Patio for a building permit for remodeling the existing build- ing at 3359 Vera Cruz Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve, as recommended by the Planning Commission, the authorization to issue building permit #7688 to Chalet Ski and Patio for remodeling the existing building located at 3359 Vera Cruz Ave. N., subject to standard procedure. Motion Carried. The City Council considered final approval of Welcome Way Addition, lo- cated at 4835 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-36 RESOLUTION APPROVING 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 Welcome Way Addition, as submitted by Welcome Way Investments, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled WELCOME WAY ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf., Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution d clared ,,ecoc pted. ATTEST: City Clerk The City Council considered bids for bituminous overlay of City park- ing lots and pathways in various City parks. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 103 19 AUGUST 1986 RESOLUTION NO. 86-37 RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for bitumi- nous paving and overlay in City parking lots and pathways in various City parks, and WHEREAS, such bids were received and publicly opened on August 13, 1986, and tabulated as follows: Bituminous Roadways, Inc. $31,517.50 Alber Construction, Inc. 32,303.75 Ideal Paving, Inc. 35,368.75 H. L. Johnson Co. 36,340.00 Barber Construction Co., Inc. 36,699.35 AND WHEREAS, Bituminous Roadways, Inc., is the apparent low bidder, NOW, THEREFORE , BE IT RESOLVED that the City of Crystal awards the contract for bituminous paving and overlay in City parking lots and pathways in various City parks, to Bituminous Roadways, Inc., in the amount of $31,517.50, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- zied to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, d Smothers, Aaker. Motion carried, resolution � lared 77— : Mayor ATTEST: City Clerk The City Council considered a memo from Stephen Holm to Police Chief James Mossey, regarding the Crime Stoppers Program. Moved by Councilmember Leppa and seconded by Councilmember Herbes to authorize the assistance of one officer to participate in the Crime Stoppers Program. Motion Carried. Moved by Councilmember Moravec that along with the assistance of an officer to contribute $500 from the City of Crystal, and further, that the officer report to the City Council every six months. Motion Failed for Lack of a Second. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to direct the Chief of Police to periodically report to the Council on the progress of the Crime Stoppers Program. Motion Carried. The City Council considered a request from Udell Larson for a temporary variance to delay hooking up water to the building located at 5401 West Broadway for one year. 104 19 AUGUST 1986 Moved by Councilmember Herbes and seconded by Councilmember Rygg to continue until the next regular Council meeting the discussion of a request from Udell Larson for a temporary variance to delay hooking up water to the building located at 5401 West Broadway for one year. Motion Carried. The City Council considered Change Order No. 2 for the Becker Park Shelter building for changes to the Concession Room. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to approve Change Order No. 2 for the Becker Park Shelter building. Motion Carried. The Mayor announced to the Council that on September 23 and September 30, 1986, there will be a budget working session and a Special meeting to consider the recommendation of the Long -Range Planning Commission re- garding infrastructure reconstruction. The Council discussed a donation from the Knights of Columbus in the amount of $250.00. Moved by Councilmember Leppa and seconded by Councilmember Herbes to direct staff to send a letter of thanks to the Knights of Columbus for the $250.00 donation and to place it in the arts and entertain- ment fund. Motion Carried. The City Manager explained a letter he received from Glen Haven Mem- orial Gardens Association regarding the purchase of part of their property by the City. Councilmember Leppa requested that an item be placed on the next agenda to discuss possible changes to the City Code setting forth the terms of members of the City advisory commissions. 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, including an itinerant food establishment license for Adair Liquors for August 22, and 23, 1986, 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. ion harried. -\ l Mayor ATTEST: City Clerk 105 2 SEPTEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on September 2, 1986, 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, Leppa, Herbes, Aaker, Smothers; the following were absent: Pygg, Moravec. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Mana- ger; Dan Smith, Assistant City Engineer; Don Peterson, Building In- spector; 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of August 19, 1986. The City Council considered the following items on the Consent Agenda: 1. An application to the State of Minnesota from the Knights of Columbus for a gambling license for Sunday afternoons. 2. An application to the State of Minnesota from the Crystal Fire Relief Association for a gambling license for Septem- ber 26, 1986, at the Knights of Columbus Hall. Moved by Councilmember Herbes 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 could be heard, Mayor Aaker declared this was the time and place as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Waltraud and Heinz Baecker for a varinace of 2.5' in the required 5' side yard setback to build a 3.5'x27.71' addition to the existing garage at 5100 Quail Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mrs. Baecker was present and heard. Councilmember Pygg arrived at 7:07 P.M. Moved by Councilmember Smothers and seconded by Councilmember Herbes that 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 vary 2.5' in the required 5' side yard setback to allow construction of a 3.5'x21.71' addition to the existing attached garage at 5100 Quail Ave. N., as requested in Application #86-27. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Smothers; voting no: Aaker; absent, not voting: Moravec. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board 106 2 SEPTEMBER, 1986 of Adjustments and Appeals to consider a request from Wade H. Waddell for a variance of 9' in the required 40' rear yard setback to build a 14'x20' deck at 5233 Xenia Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Waddell was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg that 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 vary 9' in the required 40' rear yard setback to build a 14'x20' deck at 5233 Xenia Ave. N., as requested in variance application #86-28. Motion Carried. The City Council considered a petition for the installation of signs prohibiting commercial hauling trucks to drive or park on Maryland Avenue from 5600 to 5700 unless making a delivery to the residents on that block. Mr. and Mrs. Harvey Ganzer, 5633 Maryland Ave. N., were present and heard. Moved by Councilmember Herbes and seconded by Councilmember Rygg to direct staff to install signs prohibiting commercial hauling trucks to drive or park on Maryland Avenue from 5600 to 5700, unless making a delivery to the residents on that block. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to reconsider the above motion. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to request staff to prepare proper language for signage to accomplish prohibiting commercial trucks from driving or parking on Maryland Avenue from 5600 to 5700, unless making a delivery to a resident on that block, and further, to report back to the City Council with that language for their consideration. Motion Carried. The City Cr�uncil considered a petition requesting the City of Crystal to require the Ponderosa Steak House to install a fence along Mary- land Avenue to prevent vehicles from using the boulevard as an entrance and exit to their property. Mr. Ganzer,, 5633 Maryland Ave. N., was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to direct staff to request the City of New Hope to require the Ponderosa Steak House to install a fence. By roll call and voting aye: Smothers, Langsd,orf, Rygg; voting no: Leppa, Herbes, Aaker; absent, not voting: Moravec. Motion Failed. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue the discussion of a fence along Maryland Avenue at the Ponderosa Steak House to prevent vehicles from using the boulevard as an entrance and exit to their property, until we find out the de- cision of the New Hope City Council regarding this problem. By roll call and voting aye: Smothers, Herbes, Leppa, Langsdorf, Aaker; voting no: Rygg; absent, not voting: Moravec. Motion Carried. 107 2 SEPTEMBER 1986 The City Council considered a request from Udell Larson for a tempor- ary variance to delay hooking up water to the building located at 5401 West Broadway for one year. Mr. Larson was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to allow Mr. Larson to continue to operate the building at 5401 West Broadway as it is presently operating, for a period of two months, at which time the building must be properly hooked up to the water system. Motion Carried. The City Council considered a request for a transient merchant license from Daniel Potter and Johanna Frederick to sell pictures at 5273 West Broadway from September 15, 1986 through September 21, 1986. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a transient merchant license for Daniel Potter and Johanna Frederick to sell pictures at 5273 West Broadway from September 15, 1986 through September 21, 1986. Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property at 5017 and 5025 West Broadway, and 5027-29 West Broad- way from R-1 single family residential to B-4 community commercial. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86-16 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, Leppa, Rygg, Smothers, Aaker; voting no: Herbes; absent, not voting: Moravec. Motion Carried. The City Council considered a proposed change in the Crystal Police Relief Association Bylaws, and the amount of the Treasurer's bond for the Crystal Police Relief Association. Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve an amendment to Article IV, Section 1 of the Crystal Police Relief Association Bylaws, as submitted by the Secretary of the Crystal Police Relief Association, in a memo to the City Manager dated July 21, 1986, 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. Moved by Councilmember Leppa and seconded by Councilmember Smothers to approve $50,000 as the amount of the Treasurer's bond for the Crystal Police Relief Association as being reasonable and sufficient. Motion Carried. The City Council considered a change in the term of advisory commission members. 2 SEPTEMBER 1986 Moved by Councilmember_'Leppa and seconded by Councilmember Smothers to direct staff to prepare a sample ordinance to be presented at the next meeting that would limit the number of terms advisory commis- sion members could serve to five terms; to limit the number of terms a member could serve as Chair to two terms; and to require the Park and Recreation Advisory Commission to be represented equally by members from each of the four wards of the City. Moved by Councilmember Langsdorf and seconded by Councilmember Smothers to amend the motion to change the terms of all commissioners to three years. Amendment Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to amend the motion to delete the requirement that the Park and Recrea- tion Advisory Commission be represented equally by members from each of the four wards of the City. Amendment Carried. The Mayor then called for a vote on the original motion, as amended. Motion Carried. The City Council considered the 1987 City Budget. By common consent, the City Council directed staff to prepare various reports on computers, data processing costs, year-to-date expenditures, detail of items in capital outlay --all in conjunction with the City Budget for 1987. The City Manager discussed with the Council the possibility of leas- ing a 24' strip of street right-of-way on the southeast corner of 36th and Douglas Drive to Harold Herman, an adjacent property owner. Ri- cardo Castro, 6309 - 36th Ave. N., was also present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt a resolution to allow Harold Herman to use the 24' strip of right-of-way owned by the City on the southeast corner of 36th and Douglas Drive until the City needs it. After some discussion, Councilmember Smothers changed his motion to lease the land to Harold Herman on a year-to-year basis at one dollar per year. Councilmember Rygg then withdrew his Second. Councilmember Langsdorf then seconded the motion. Moved by Councilmember Rygg that the fee be determined by staff. Motion Failed for Lack of a Second. Moved by Councilmember Leppa to amend the motion to state that the fee be set at $500 a year. Motion Failed for Lack of aSecond Councilmember Smothers then changed his motion to set the fee at $100 a year and Councilmember Langsdorf, as the Seconder, agreed to the change, which was then embodied in the following resolution: 109 2 SEPTEMBER 1986 RESOLUTION NO. 86-38 RESOLUTION RELATING TO CERTAIN CITY -OWNED PROPERTY: AUTHORIZING THE LEASE THEREOF BE IT RESOLVED by the City Council of the City of Crystal, as follows: 1. The City owns certain land (Land) described as follows: The North 24 feet (except areas dedicated to or owned by the public) of the West 100 feet of the North 120 feet of Lot 6, Block 4, Rosedale Acres Addition to the City of Crystal; which the City has purchased for ultimate use as a publc right-of-way. 2. Harold Herman, an individual residing in the City of Crystal, has expressed interest in the Land for the purpose of providing addi- tional parking for employees and customers of a shopping center owned by Harold Herman and adjacent to the Land. 3. It is hereby found and determined that the City has no present use for the Land. By roll call and voting aye: Smothers, Aaker, Leppa, Langsdorf; vot- ing no: Herbes, Rygg; absent, not votin Mora* Motion carried, resolution declared adopted. / Mayor ATTEST: City Clerk The City Manager discussed with the Council a request regarding tax increment financing for a portion of the Anthony Shopping Center pro- perty. The Council advised the City Manager to notify the prospective developer of their willingness to listen to any proposal. The Council accepted checks from Chee Peng Restaurant for $200.00; from the Knights of Columbus for $300.00; and a letter from The Bank North stating they would sponsor two or three concerts in Becker Park next year, all for the new entertainment center in Becker Park. 4. to enter The Mayor and into a lease the City agreement Manager are authorized and directed with Harold Herman for the Land at an annual rental of One Hundred Dollars, renewable at the option of the City from year to year, with provisions for at least six months' notice by the City of its intent to terminate the lease. By roll call and voting aye: Smothers, Aaker, Leppa, Langsdorf; vot- ing no: Herbes, Rygg; absent, not votin Mora* Motion carried, resolution declared adopted. / Mayor ATTEST: City Clerk The City Manager discussed with the Council a request regarding tax increment financing for a portion of the Anthony Shopping Center pro- perty. The Council advised the City Manager to notify the prospective developer of their willingness to listen to any proposal. The Council accepted checks from Chee Peng Restaurant for $200.00; from the Knights of Columbus for $300.00; and a letter from The Bank North stating they would sponsor two or three concerts in Becker Park next year, all for the new entertainment center in Becker Park. 110 2 SEPTEMBER 19 86 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. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adjourn the meeting. Motion Carried. ATTEST : City Clerk � L May 1 11 16 SEPTEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on September 16, 1986, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Coun- cil called the roll and the following were present: Langsdorf, Leppa, Rygg, Herbes, Aaker, Smothers; the following were absent: Moravec. 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; William Barber, Assistant Building Inspector;Dan Smith, Assistant City Engineer; Darlene George, Deputy 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 meeting of September 2, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of September 2, 1986. Motion Carried. The 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 7, 1986, as the time and date for a public hearing at which time the City Council will con- sider a .request from Kelly Monroe to expand a non -conform- ing building (front yard setback) to build a 9'x12' front entry at 5401 West Broadway. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, October 7, 1986, as the time and date for a public hearing at which time the City Council will con- sider the 1987 City of Crystal Budget and Revenue Sharing funds. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. Councilmember Moravec arrived at 7:04 P.M. The City Council considered a request for 4 -way stop signs at the in- tersections of 53rd and Hampshire and 54th anc? Hampshire Avenues North. Sandra Harter, 5319 Hampshire Ave. N., appeared and was heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to install 4 -way stop signs at the intersection of 53rd and Hampshire Ave. N., and 3 -way stop signs at 54th and Hampshire Avenue N., as re- quested in the petition submitted. Motion Carried. The City Council considered a .request from Armstrong, Torseth, Skold and Rydeen, Inc., for a building permit for the interior alterations at Fair School (Hennepin Technical Center Intermediate School) at 3915 Adair Ave. N. 112 16 SEPTEMBER 1986 Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve, as recommended by the Planning Commission, the authorization to issue building permit #7714 for interior alterations to the existing building at 3915 Adair Ave. N., subject to standard procedure. Motion Carried. The City Council considered a request from SuperAmerica for a building permit for interior and exterior remodeling to the existing building at 5359 West Broadway. Jim Deselms, of SuperAmerica, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve, as recommended by the Planning Commission, the authoriza- tion to issue building permit #7751 to SuperAmerica for interior and exterior remodeling to the existing building at 5359 West Broadway, subject to standard procedure. Motion Carried. The City Council considered a request from Paster Enterprises for a building permit to build a 30'x203' addition to the Marshall Store, 201 Willow Bend, Crystal Shopping Center. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve, as recommended by the Planning Commission, the authoriza- tion to issue building permit #7759 to Advance Construction Company, for a 301x203' addition to the Marshall Store at 201 Willow Bend, Crystal Shopping Center, subject to standard procedure. Motion Carried. The City Council discussed the wording of signs for Maryland Avenue. Moved by Councilmember Rygg and seconded by Councilmemher Smothers to install a "No Parking Here to Corner" sign on P4aryland Avenue, abutting the Ponderosa property. Motion Carried. The City Council considered accepting the offer of the Crystal Lions Club to install a plaque, offering a reward up to $500 for arrest and conviction of a person or persons vandalizing the new Becker Park building and guaranteeing its payment. Moved by Councilmember Moravec and seconded by Councilmember Herbes to accept the offer of the Crystal Lions Club to install a plaque offering a reward of up to $500 for the arrest and conviction of a person or persons vandalizing the new Becker Park building and guar- anteeing its payment, and further to direct staff to send a letter of thanks and appreciation. Motion Carried. The City Council considered a resolution authorizing submission of the grant application and execution of the agreement for the Quad -Cities DWI Enforcement Project. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 113 16 SEPTEMBER 1986 RESOLUTION NO. 86-39 RESOLUTION AUTHORIZING THE SUBMISSION OF THE GRANT APPLICATION AND EXECUTION. OF THE AGREEMENT QUAD -CITIES DWI ENFORCEMENT PROJECT WHEREAS, the State of Minnesota will make grant funds available for DWI enforcement measures to local law enforcement agencies to begin October 1, 1986 and end September 30, 1987, and WHEREAS, the Cities of Crystal, Robbinsdale, New Hope and Golden Valley are desirous of providing a coordinated approach to DWI enforce- ment, and WHEREAS, a mutual aid agreement is in place which will allow for a coordinated enforcement effort, and WHEREAS, the Cities of Robbinsdale, New Hope, and Golden Valley agree to allow the City of Crystal to administratively coordinate the Quad -Cities DWI Enforcement Project Grant, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal act as one of four sponsoring units of government and one of four grantees for the project titled Quad -Cities DWI Enforcement Project. The Quad - Cities DWI Enforcement Project is to be conducted in the City of Crystal by the Crystal Police Department during the period October 1, 1986, through September 30, 1987. James F. Mossey, Chief of Police, is hereby authorized to apply to the State of Minnesota Department of Public Safety for funding of the Project on behalf of the Crystal City Council. By roll call and voting aye: Langsdorf, Leppa, Rvgg--Herbes, Moravec, Smothers, Aaker. Motion carried, resolu 1 1 decla _'dadopted. Mavor ATTEST : City Clerk The City Council considered the appointment of the City Engineer to the Bassett Creek Water Management Commission and the Shingle Creek Watershed Management Commission. Moved by Councilmember Rygg and seconded by Councilmember Herbes to appoint City Engineer William Monk to the Bassett Creek Water Manage- ment Commission and the Shingle Creek Watershed Management Commission. Motion Carried. The City Council considered a request from the Water and Sewer Depart- ment to purchase a used Vac -All from the City of Minneapolis for $9,000. 114 16 SEPTEMBER 1986 Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the purchase of the used Vac -All from the City of Minneapolis in the amount of $9,000.00. Motion Carried. The City Council considered the First Reading of an ordinance amending the terms of advisory commission members. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ADVISORY COD11,4ISSIONS : AMENDING CRYSTAL CITY CODE, SUBSECTION 305.45 AND 305.48 By roll call and voting aye: Leppa, Smothers, Rygg; voting no: Mor- avec, Langsdorf, Herbes, Aaker. Motion Failed. Moved by Councilmember Langsdorf and seconded by Councilmember Herbes to reconsider the motion. By roll call and voting aye: Langsdorf, Leppa, Rygg, Smothers, Herbes, Aaker; voting no: Moravec. Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to amend the proposed ordinance to state that a person may not be ap- pointed to an advisory commission for more than four full consecutive terms. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Aaker, Smothers; voting no: Moravec. Amendment Carried. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance, as amended: ORDINANCE NO. 86 - AN ORDINANCE RELATING TO ADVISORY COMMISSIONS: AMENDING CRYSTAL CITY CODE, SUBSECTION 305.45 AND 305.48 and further, that the second and final reading be held on October 7, 1986. Motion Carried. The City Council considered a contract with the Metropolitan Clinic of Counseling for the Employee Assistance Program for the period of September 1, 1986 to August 31, 1987. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve a contract with the Metropolitan Clinic of Counseling for the Employee Assistance Program for the period of September 1, 1986 to August 31, 1987, and further, that the Mayor and City Manager be authorized to sign such contract. Motion Carried. The City Council considered an application from the Fire Chief/Fire Marshal for a fire lane at the entrance to Cedarwood Apartments. 115 16 SEPTEMBER 1986 Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve an application from the Fire Chief/Fire Marshal for a fire lane at the entrance to Cedarwood Apartments, located at 5500 Douglas Drive. Motion Carried. The City Council considered a purchase agreement with Glen Haven Memor- ial Gardens Association for the purchase of property as stated in Exhibit A of the agreement, and to authorize the Mayor and City Man- ager to sign such agreement. 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. 86-40 RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL ESTATE BY THE CITY FROM GLEN HAVEN MEMORIAL GARDENS BE IT RESOLVED by the City Council of the City of Crystal, Henne- pin County, Minnesota, as follows: 1. It is determined that it is necessary and expedient to the sound financial management of the City that the City purchase certain real property (Land) in the City from Glen Haven Memorial Gardens (Owner) for public purposes. 2. The Land is described in Exhibit A. 3. The Owner has agreed to a purchase price for the Land of $260,000 and such price is determined to be reasonable. 4. It is hereby appropriated from the Permanent Improvement Account of the Permanent Improvement Revolving Fund the sum of $260,000 for the purpose of purchasing the Land. 5. The Mayor and City Manager are authorized and directed to execute and deliver a Purchase Agreement for the Land, the form of which Agreement has been reviewed by this Council and is on file with the Clerk. 6. The Mayor and City Manager are further authorized and directed to execute and deliver any and all other documents necessary to effect the purchase of the Land by the City. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution_ decla' ee adopted. Mayor ATTEST: City Clerk. 000 16 SEPTEMBER 1986 EXHIBIT A That part of the Second Addition to Glen Haven Memorial Gardens des- cribed as follows: Beginning at the Northwest corner of the plat of the said Glen Haven Memorial Gardens, thence East parallel with the North line of the Northwest Quarter of the Southwest Quar- ter, Section 9, Township 118, Range 21, Hennepin 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 North- west Quarter of the Southwest Quarter; thence West parallel with the South line of said Northwest Quarter of the South- west 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. The City Council considered a request from Brunswick Methodist Church for a temporary sign permit and waiver of fee, from October 4, 1986 through October 11, 1986, for a fundraiser at 6122 - 42nd Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a request from Brunswick Methodist Church for a temporary sign permit at 6122 - 42nd Ave. N., and waiver of fee, from October 4, 1986 through October 11, 1986 for a fundraiser. Motion Carried. The City Council considered a request from North Memorial Medical Center for the use of Bassett Creek Park on June 27, 1987, for a com- pany picnic. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to request the Park and Recreation Director to consult with North Memorial Medical Center regarding an agreement for the picnic and to report back to the Council with the information. Motion Carried. The City Manager distributed a sample of the City logo on letterhead. Moved by Councilmember Smothers and seconded by Councilmember Leppa to accept the coloring on the logo. By roll call and voting aye: Leppa, Herbes, Rygg, Smothers; voting no: Aaker, Moravec, Langsdorf. Motion Carried. The City Council considered the 1987 City of Crystal Budget. The Mayor called a work session on September 23, 1986, at 7:00 P.M. to consider the 1987 City Budget. J 16 SEPTEMBER 1986 Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to televise the September 23, 1986 work session. By roll call and voting aye: Moravec; voting no: Langsdorf, Leppa, Rygg, Herbes, Aaker, Smothers. Motion Failed. The Mayor called a ten minute recess. 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. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor 117 118 23 SEPTEMBER 1986 Pursuant to due call and notice thereof, the Special meeting of the Crystal City Council was held on September 23, 1986, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Leppa, Rygg, Herbes, Aaker, Moravec, Smothers; the following were absent: Langsdorf. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; 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. Councilmember Langsdorf arrived at 7:04 P.M. The City Council considered the addition of the following items to the agenda: (a) Discussion of a Resolution Calling a Public Hearing on the Establishment of an Infrastructure Replacement Reserve Fund; and (b) Discussion of a Resolution Authorizing the Acquisition of Certain Real Property by Eminent Domain Proceedings. Moved by Councilmember Moravec and seconded by Councilmember Herbes to add the above items to the agenda for tonight. Motion Carried. The City Council discussed a resolution calling a public hearing on the establishment of an infrastructure replacement reserve fund. 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. 86-41 A RESOLUTION CALLING A PUBLIC HEARING ON THE ESTABLISHMENT OF AN INFRASTRUCTURE REPLACEMENT RESERVE FUND BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City of Crystal (City) is authorized by Laws of Minnesota 1986, Chapter 465, Article 2, Section 14 (Act) to establish, maintain and fund an Infrastructure Replacement Reserve Fund (Fund). Monies in the Fund may be used only for the replacement of streets, bridges, curbs, gutters and storm sewers. The City may annually levy ad valorem taxes on all taxable property in the City to support the Fund. The Act requires a public hearing on the question of establishing the Fund. 2. It is found and determined that it is in the best interests of the sound financial management of the City that the Fund be estab- lished. 3. A public hearing on the establishment of the Fund will be conducted before this Council on Tuesday, nctober 21, 1986, at 7:00 119 23 SEPTEMBER 1986 P.M., or as soon thereafter as the matter can be heard. The Clerk is authorized and directed to publish notice of the hearing in substan- tially the form attached hereto as Exhibit A in the manner required by the Act. (Exhibit A is on file in the office of the City Clerk). By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared a opted. Mayor ATTEST: City Clerk The City Council discussed a resolution authorizing the acquisition of certain real property by eminent domain proceedings. 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. 86-42 RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City of Crystal is authorized to acquire land for street and utility purposes. 2. In conjunction with the improvement of State Highway 169 and County Road 10, the City is engaged in a cooperative venture with the State of Minnesota and Hennepin County. Pursuant to such venture, the City is required to acquire the necessary rights-of-way for the completion of the "169/10" project. 3. The City has concluded that the "169/10" project is in the interest of the public health, convenience, safety, and general wel- fare of the citizens of the City. 4. The City has concluded that the acquisition of the lands described in Exhibit A, attached hereto and made a part hereof as though fully set forth at this point, is in the public interest and reasonably necessary and convenient and for use in the "169/10" pro- ject. 5. In order to meet the State's and County's construction schedules, it is necessary that the City acquire title to and posses- sion of the lands described in Exhibit A no later than February 28, 1987, which date will most likely be before the Court-appointed con- demnation commissioners file their report with the Court in the pro- posed condemnation action. 120 6. The City such proceedings are necessary to nent domain under use of Minn. Stat By roll call and Smothers, Aaker; declared adopted. ATTEST: 23 SEPTEMBER 1986 Attorney is authorized and directed to undertake on behalf of the City, in the name of the City, as acquire the land described in said Exhibit A by emi- the laws of the State of Minnesota, including the 117.042 (1984), the so-called "Quick Take" statute. voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, absent, not voting: None. Motion a,ried, resolution i Mayor i City Clerk The City Council considered adding another item to the agenda regard- ing unsanitary conditions at a residential structure located at 3008 Quebec Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Herbes to add another item to the agenda to consider the unsanitary conditions at the residence located at 3008 Quebec Ave. N. Motion Carried. The City Council discussed the recommendation of staff to declare the residence at 3008 Quebec unfit for human habitation. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: RESOLUTION NO. 86-43 RESOLUTION RELATING TO PROPERTY AT 3008 QUEBEC AVENUE NORTH IN THE CITY: DECLARING A PUBLIC NUISANCE BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. The City's Public Health Sanitarian has presented to this Council on this day certain written information, a written report, and photographs relating to unsafe and unsanitary conditions exist- ing in or about a residential structure (Building) located at 3008 Quebec Avenue North in the City. 2. Upon review of the information and the Public Health Sanitar- ain's reports and photographs this Council determines that there exists in the Building conditions which constitute an immediate hazard (i) to the health and safety of the occupants of the BuilOing and (ii) to , the health and safety of the occupants of the surrounding buildings and the citizens of the City. 3. The Public Health Sanitarian as Housing Official pursuant to Subsection 425.21 of the Crystal City Code has recommended that pursuant to Subsection 425.21, Subdivision 1, Clause (c) that the 23 SEPTEMBER 1986 City proceed to correct the unsafe and hazardous conditions by abating them as a health and safety nuisance pursuant to Minnesota Statutes, Section 429.101. 4. The recomen dation of the Public Health Sanitarian is accepted. The Council declares that the conditions at and about the Building are a public nuisance within the meaning of the City Code and Minnesota Statutes, Chapter 429. 5. The City Manager is authorized and directed to take whatever actions are necessary and provided by law and the City Charter to abate the nuisance. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolutio declared/adored. 1 Mayor ATTEST: City Clerk ATTEST: City Clerk 121 The City Council discussed the City of Crystal Budget for the year 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. -Motion Carried. --� Mayor ATTEST: City Clerk 121 122 7 OCTOBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on October 7, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City Engineer; Don Peterson, Building Inspector; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of September 16, 1986. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the minutes of the Special meeting of September 23, 1986. Motion Carried. The City Council considered the following items on the Consent Agenda: 1. To set 7:00 P.M., Wednesday, November 5, 19`6, as the time and date for the first regular meeting in November because the General Election will be held on November 4, 1986. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, October 21, 1986, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Carol and Earl Pettis for a variance in lot size (existing lot is 6,127 sq. ft.; requirement is 7,500 sq. ft.) to construct a 22'x24' garage at 4921 - 53rd Ave. N. 3. To approve the list of election judges and polling loca- tions, as submitted by the City Clerk, for the General Election to be held on November 4, 1986. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the Consent Agenda. Motion Carried. Mr. Tony Kastanos, President of the Crystal Lions Club, and Lions Ernie Klinger and Lloyd Sullivan, appeared before the City Council to make a presentation of $1,000.00 to the City of Crystal. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider a request from Kelley Monroe to expand a non -conforming building (front yard setback) to build a 9'x12' front entry at 5401 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Dr. Perendy, owner of adjacent building, 5415 West Broadway; Joyce Kranz, 5401 Florida Ave. N., and the applicant, Kelley Monroe, 6526 Cloverdale. 12 7 OCTOBER 19R6 Moved by Councilmember Rygg and seconded by Councilmember Herbes that 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 expan- sion of a non -conforming building to permit a 9'x12' front entry to be constructed at 5401 West Broadway, as requested in Application #86-30T,, and as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. The City Council considered setting surety in the amount of $11,500 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for 5401 West Broadway. Moved by Councilmember Smothers and seconded by Councilmember Herbes to set surety in the amount of $11,500 as a guaranty of faithful per- formance of certain work requirements as a condition of building per- mit approval for a 9'x12' front entry at 5401 West Broadway, as recom- mended by the City Engineer. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $11,500 as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for a 9'x12' front entry at 5401 West Broadway. Motion Carried. Moved by Councilmember Rygq and seconded by Councilmember Smothers to enter into agreement with C & K Properties for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of issuance of a building permit for a 91x12' front entry at 5401 West Broadway, and further, to authorize the Mayor and City Mana- ger to sign such agreement. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to issue a building permit for a 91x12' front entry at 5401 West Broadway to C & K Properties, subject to standard procedures, as recommended by the Planning Commission. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider assess- ments for projects completed this year. The Mayor asked those present to voice their opinions or ask questions concerning the assessments. Those present and heard were: Sue Bute, 5659 Twin Lake Terrace, who presented to the Mayor a written objection to her delinquent utility bill. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 124 7 OCTOBER 1986 RESOLUTION NO. 86-44 RESOLUTION CONFIRMING ASSESSMENTS FOR IMPROVEMENTS INCLUD- ING STORM SEWER IMPROVEMENT NO. 6587 (65-C) , SEAL COAT IMPROVEMENT NO. 6687 (66-B), SIDEWALK REPAIR NO. 6687 (66-D) DEBRIS REMOVAL 1987, DISEASED TREE REMOVAL 1987, DELINQUENT WEED CUTTING 1987, DELINQUENT SEWER & WATER UTILITY CHARGES AND STREET LIGHTING 1987 BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. That the City Clerk, with the assistance of the City Engineer, cal- culate the proper amount to be specially assessed for construction work and delinquent charges included as: Storm Sewer #6587 . . . . . . . . . . . 10 years Sealcoat #6687 . . . . . . . . . . . . 2 years Sealcoat Alley #6687 . . . . . . . . . 2 years Sidewalk Repair #6687 . . . . . . . . . 5 years Debris Removal 1987 . . . . . . . . . . 5 years Diseased Tree Removal 1987 . . . . . . 5 years Delinquent Weed Cutting 1987 . . . . . 1 year Delinquent Sewer & Water Utility Charges & Street Lighting 1987 . . . 1 year more fully described in notice as published in Notice of Public Hear- ing in the North Hennepin Post on September 25, 1986, and said assess- ment roll having been heretofore ordered filed with the City Clerk, open to public inspection, together with tabulated statement in dup- licate showing the proper description of each lot and every parcel, piece or tract of land to be specially assessed and the amount calcu- lated against the same. 2. Notice having been published as required by law that the Council would meet at this time and place to consider and pass upon said pro- posed assessment roll. Said assessment roll having at all times since its filing been open to inspection and copying by all persons inter- ested and opportunity having been given to all interested persons to present their objections, if any, to said proposed assessments or to any item thereof. Said assessments having been considered, the amount specified in the assessment roll is hereby approved and each of the lots, pieces or parcels of land enumerated in said proposed assessment roll is hereby found to be specifically benefited by the construction of said improvements, and/or the services for which charges are now delinquent, in the amount set opposite the description of each parcel, piece, or lot of land and the said amount so set out is hereby levied against each respective lot, piece or parcel of land therein described. 3. Said proposed assessment roll is hereby adopted and confirmed and the sums fixed and named in said assessment roll are hereby adopted and confirmed as the proper special assessment for each such lot, piec or parcel of land and the City Clerk is hereby directed to certify the same and file said assessment roll in her office to be and consti- tute the assessment roll for the improvements and service charges as set forth in Item No. 1 of this resolution. 125 7 OCTOBER 1986 4. For a period of thirty (30) days after the date of the resolution levying said assessment, the entire amount of the assessment against any parcel of land can be paid without interest. After that date the entire amount of the assessment can be paid by November 15 with inter- est to December 31 of the year in which payment is made EXCEPT THAT 5. All delinquent sanitary sewer, water, street lighting and weed cutting charges will be assessed directly against the property that re- ceived the service. The entire amount assessed against any parcel of land for the sanitary sewer, water, street lighting and weed cutting charge will be payable in one installment and only with the general taxes for the year 1986, collectible with such taxes during the year 1987, if they are not prepaid by September 12, 1986. 6. The assessment roll is now on file in the office of the City Clerk and open to inspection by all parties interested; the entire amount levied against any parcel of land will be payable, unless prepaid, in equal installments and for the number of installments as set out in the Notice of Assessment Hearing published September 25, 1986 in the North Hennepin Post, which notice is incorporated into and made a part of this Resolution as though set forth in full herein. Such assess- ment shall be payable with interest at the rate of seven and one-half (7-12) per cent per annum on the entire assessment from the date of the Resolution levying said assessment to December 31, 1987 and each such subsequent installment shall be paid with one (1) year's inter- est at said rate on all unpaid installments. At such meeting all persons interested in such assessment appeared before the Council. 7. Any assessments may be appealed to the District Court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk. No such appeal as to the amount of an assessment on a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the Hearing or has presented the written objection to the presiding officer at the Hearing. 8. The City Clerk is hereby directed to make and file with the County Auditor of Hennepin County, Minnesota, certified statement of the amount of all unpaid assessments and the amount which will be due thereon on the first Monday in January of each year. By roll call and voting aye: Langsdorf, T4eppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolu ion- declared dddopted. Mayor ATTEST: A City Clerk Mr. Vernon Bahr, 3818 Douglas Drive, appeared before the City Council to discuss his driveway access. 126 7 OCTOBER 1986 By common consent the City Council requested City staff to meet with Mr. Bahr to try to come to an amiable solution to his problem. Todd Pallum appeared before the City Council to request a variance of 9.68' in the required 60' lot width and to consider expanding a non- conforming use (said non -conformity being the existing house encroaches 38.4' in the required 40' rear yard setback) to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N. (This item was continued from the meeting of August 19, 1986). Priscilla Mead, 5101 - 50th Ave. N., was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny 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 9.68' in the required 60' lot width to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N., as requested in application #86-17. Moved by Councilmember Moravec and seconded by Councilmember Herbes to continue until the next regular Council meeting, the discussion of Mr. Pallum's requests in applications #86-17, #86-18, #86-19, to give Mr. Pallum more time to resolve the conditions on his property. Motion Carried. The City Council considered a request from Victor Mastley of Mastley Construction for a building permit to construct an addition to the office of Maxwell Aircraft Service on Lot 23, Crystal Airport. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the authorization to issue building permit #7747 for the con- struction of a 24'x32' addition to the existing office of Maxwell Air- craft Service located on Lot 23, Crystal Airport, subject to standard procedure. Motion Carried. The City Council considered a Change Order for the construction of the Becker Park Shelter building. Mike Bjornberg, of BRW, Inc., was present and heard. F� Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve Change Order #3 for the construction of the Becker Park Shelter building, and further, to authorize the Mayor and City Manager to sign such Change Order. Motion Carried. The City Council considered a request from North Memorial Medical Center for the use of Bassett Creek Park for a picnic in June of 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the use of Bassett Creek Park picnic area on June 27, 1987, by North Memorial Medical Center for a picnic. Motion Carried. The City Council considered a lease agreement with District #281 for the use of two rooms at Thorson Community Center for the Chapter I Program. 7 OCTOBER 1986 Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve an agreement to lease Rooms 104 and 117 at Thorson Community Center for the period beginning October 21, 1986 through May 22, 1987 at the rate of $4.00 per hour for the District #281 Area Schools, Chap- ter I Program, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered final plans for the redesign of the inter- section of Bass Lake Road and Highway 169. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the final plans, as presented, for the redesign of the in- tersection of Bass Lake Road and Highway 169. Motion Carried. The City Council considered a purchase agreement with Gus and Muriel Scheidegger for the purchase of property at 5616 Brunswick Ave. N., and to authorize the Mayor and City Manager to sign such agreement. 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. 86-45 RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL ESTATE BY THE CITY FROM GUS AND MURIEL SCHEIDEGGER BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, Hennepin County, as follows: 1. The City has negotiated the purchase of certain pro- perty in the City legally described as follows: Lot 10, Block 2, Kennards Addition, according to the recorded plat thereof, Hennepin County, Minnesota 2. The appraisal price of the property and the purchase price of the property are found to be reasonable. 3. The land is needed for purposes of the highway pro- ject of the City and the County known as the Highway 10/169 project and for purposes of the Bass Lake Road/ Becker Park redevelopment project area. 4. The form of the purchase agreement between the City and Gus and Muriel Scheidegger now as on file with the City Clerk has been reviewed by the Council and the form of the agreement is approved. 127 128 7 OCTOBER 1986 5. The Mayor and the City Manager are authorized and di- rected to execute the purchase agreement and to ex- ecute and deliver all other documents necessary to accomplish the purchase contemplated by the purchase agreement. By roll call and voting aye: Langsdorf, Leppa, Ryggy- erbes, Moravec, Smothers, Aake r. Motion carried, resolution decla 'dopted. Mayor ATTEST: City Clerk The City Council considered the Second Reading of an ordinance amend- ing the terms of advisory commission members. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 86-17 AN ORDINANCE RELATING TO ADVISORY COMMISSIONS: AMENDING CRYSTAL CITY CODE SUBSECTION 305.45 AND 305.48 and further, that this be the second and final reading. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Smothers, Aaker; voting no: Moravec. Motion Carried. The City Council considered a resolution regarding the transfer of CDBG Year XII funds and the programming of Supplemental CDBG Funds Year XII for creation of a new program. 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. 86-46 RESOLUTION REGARDING TRANSFER OF COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS YEAR XII AND THE PROGRAMMING OF SUPPLEMENTAL CDBG FUNDS YEAR XII FOR CREATION OF A NEW P RO GRAM WHEREAS, the City of Crystal had allocated $48,383 for Year XII Highway 169 intersection acquisition, and WHEREAS, the City of Crystal will be utilizing Minnesota Depart- ment of Transportation funding for purchase of properties at the #169/ Bass Lake Road intersection, and 1 1 1 129 7 OCTOBER 1986 WHEREAS, the Hennepin County Office of Planning and Development has notified the City that it is eligible for $20,216 of Year XII supplemental CDBG funds, and WHEREAS, the City could benefit from a new project called "Acqui- sition and Demolition of Blighted Housing" whereby it would acquire a substandard house, demolish it, and advertise the vacant lot for sale, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that 1) the $48,383 programmed originally for Highway 169 be transferred and added to the supplemental funds now available, and 2) the $20,2.16 of supplemental CDBG funds be used in conjunction with the $48,383 to create a new project called "Acquisition and Demolition of Blighted Housing". Budget for the new project would be $68,599. By roll call and voting aye.- Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolut?on declared,-4dopted. Mayor i ATTEST: City Clerk Mrs. Nelson, 6329 - 44th Ave. N., appeared before the Council regard- ing animals running loose in her neighborhood. By common consent, the City Council directed staff to notify the animal warden and to publish the leashing law in the City Newsletter. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider the 1987 City of Crystal Budget and Revenue Sharing Budget. The Mayor asked those present to voice their opinions or ask questions concerning the budgets. John Schaaf, 4908 Quail, was present and heard and Dave Anderson was also present. The City Council then discussed the budget. Moved by Councilmember Leppa and seconded by Councilmember Smothers to reduce Account #4390, Department 14, from $18,000 to $12,000. The Mayor called a seven -minute recess. Then the Mayor called for a vote on the above motion which was as follows: By roll call and voting aye: Smothers, Leppa, Herbes; voting no: Moravec, Langsdorf, Rygg, Aaker. Motion Failed. Moved by Councilmember Leppa and seconded by Councilmember Herbes to combine Accounts #4530 and #4551, Department 14 and budget $15,000 for the two. 130 7 OCTOBER 1986 By roll call and voting aye: Leppa, Herbes, Smothers; voting no: Langsdorf, Rygg, Moravec, Aaker. Motion Failed. Moved by Councilmember Herbes and seconded by Councilmember Smothers to budget $10,000 for bullet proof vests for those officers who will wear them 1000 of the time, unless excused in hot weather by the officer in charge. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to budget $3,700 for People Responding In Social Ministry (PRISM). Motion Carried. Moved by Councilmember Leppa and seconded by Councilmember Herbes to increase the amount in Account #4552, Department 16, from $1,000 to $1,500. By roll call and voting aye: Smothers, Leppa, Herbes; voting no: Moravec, Langsdorf, Rygg, Aaker. Motion Failed. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the changes to the 1987 City Budget and further, to allo- cate $20,000 from Revenue Sharing to purchase election equipment. 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. 86-47 A RESOLUTION ADOPTING BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR THAT WHEREAS, Section 7.06 of the CIty of Crystal Charter requires adoption of an annual budget appropriating certain budgeted funds, and WHEREAS, the attached budget does show in detail the appropria- tion to each department under the several funds, and WHEREAS, State Law and the Charter require certification of taxes levied, THEREFORE, BE IT RESOLVED that there shall be appropriated to the specific funds the amounts indicated: General Fund (City Operations) $5,501,326 Bond Requirements 23,500 Police Relief Association 173,232 Fire Relief Association 40,322 PERA-FICA Pension 269,045 Audit Costs 15,000 Infrastructure Reconstruction 108,000 BE IT FURTHER RESOLVED that there is hereby levied for certifi- cation to the County Auditor the following amounts as indicated: 1 7 OCTOBER 1986 General Fund (City Operations) Bond Requirements Police Relief Association Fire Relief Association PE RA -FICA Pension Audit Costs Infrastructure Reconstruction $2,014,262 23,500 173,232 40,322 269,045 15,000 108,000 BE IF FURTHER RESOLVED that all funds appropriated but not levied shall be produced as follows: General Fund from licenses, permits, fees and sources as indicated in the attached budget. BE IT FURTHER RESOLVED that $20,000 for election equipment be appropriated from General Revenue Sharing. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. ATTEST City Clerk LC 'Pauline La—ngZL r Steven Leppa Adri aari Rygq t r Betty,- erbe� Ji— John ora ec R. L. �Rollie) S s homas N. Aaker, Mayor 131 132 7 OCTOBER 1986 Mayor Aaker announced that he had appointed the following persons to be members of the Ad Hoc Arts in the Park Committee: Ron Chagnon, Chair; Mary Benedict; Sue Casserly Kosel; Sinclair Beireis; and Joe Paulaha. The Mayor acknowledged a letter from the Metropolitan Council informing the City of the approval of a $750.00 grant to the Park and Recreation Department. The Council was informed that Terry Anderson, a member of the Crystal Fire Department, has received the "Mike Ackerman Award". Moved by Councilmember Moravec and seconded by Councilmember Herbes to request staff to send a letter of commendation to Terry Anderson for winning the Mike Ackerman Award. 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. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. Motion Carried. ATTEST: i City Clerk r Mayor 133 21 OCTOBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on October 21, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City En- gineer; 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of October 7, 1986. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the time and date for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Carol and Earl Pettis for a variance of 1,342.7 sq. ft. in the required 7,500 sq. ft. lot area to build a 221x24' detached garage at 4921 - 53rd Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. 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 515.15, Subd. 2 c) 3) i) to allow the construction of a 22'x24' detached gar- age at 4921 - 53rd Ave. N., as requested in Variance Application #86-32. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider the fol- lowing: a) A Resolution Establishing an Infrastructure Replacement Reserve Fund; Providing for its Support and Administration; and b) An Initial Resolution Authorizing a Tax Levy in Support of the Infra- structure Replacement Reserve Fund of the City. The Mayor asked those present to voice their opinions or ask questions concerning the reso- lutions. No one appeared. 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. 86-48 A RESOLUTION ESTABLISHING AN INFRASTRUCTURE REPLACEMENT RESERVE FUND; PROVIDING FOR ITS SUPPORT AND ADMINISTRATION BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 134 21 OCTOBER 1986 1. Pursuant to the authority granted by Laws of Minnesota 1986, Chapter 465, Article 2, Section 14 (Act) there is established an In- frastructure Replacement Reserve Fund (Fund) as a special fund of the City. 2. There shall be paid into the Fund the proceeds of tax levies made from time to time for the support of the Fund and any other monies properly available and appropriated by this Council for the use of the Fund. 3. There shall be paid out of the Fund the capital costs of the replacement of streets, bridges, curbs, gutters and storm sewers and any other capital improvement authorized by the Act. Payments from the Fund shall be made pursuant to resolution of this Council. 4. The City Manager shall annually, prior to July 1, provide a written report to the City Council (i) detailing the status of the Fund, (ii) containing recommendations for its use in the ensuing fis- cal year, (iii) recommending steps to be taken for the support of the Fund including a recommendation for tax levies for that purpose, and (iv) such other information concerning the Fund deemed necessary by the Manager or requested by this Council. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resolution decla e a opted. yor ATTEST: a.�� r City Clerk 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. 86-49 AN INITIAL RESOLUTION AUTHORIZING A TAX LEVY IN SUPPORT OF THE INFRASTRUCTURE REPLACEMENT RESERVE FUND OF THE CITY BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City has, by Resolution No. 86-48, (Resolution) duly established an Infrastructure Replacement Reserve Fund (Fund) in ac- cordance with Laws of Minnesota, Chapter 465, Article 2, Section 14 (Act) . 2. The Act authorizes the City to levy ad valorem property taxes on all taxable property in the City to support the Fund. This Coun- cil has found and determined that it is necessary for the sound financial management of the City and the Fund to levy taxes as permitted. 1 135 21 OCTOBER 1986 3. There is hereby levied on all taxable property in the City an ad valorem property tax in the amount of $108,000.00 for collec- tion in the year 1987. Based on 1986 property tax valuations it is estimated that the tax hereby levied will equal approximately .75 of a mill. 4. The proceeds of the tax levied by paragraph 3 shall be de- posited in the Fund pursuant to the Resolution and used only for the purposes of the Fund as authorized by the City Council by resolution from time to time. 5. The City Clerk is authorized and directed to publish this resolution once in the official newspaper of the City as required by the Act. 6. This Resolution is effective ten days after its publication. If within the ten-day period a petition is filed with the City Clerk requesting an election on the tax levy signed by a number of qualified voters greater than ten percent of the number who voted in the City at the preceding general election, the tax levy will not be effective until it has been approved by a majority of the votes cast on the question at a regular or special election. By roll call and voting aye: Langsdorf, Leppa, Herbes, Rygg, Moravec, Smothers, Aaker. Motion carried, resolution declared adopted. The City Council considered a petition for a 4 -way stop sign at the intersection of 37th Avenue North and Markwood Drive. Mr. Bill Maciej , 6701 - 37th Ave. N., was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the installation of a 4wway stop sign at the intersection of 37th Avenue North and Markwood Drive, and to instruct the City staff to install the signs. Motion Carried. The City Council considered a request to enter into an agreement with 10,000 Auto Parts for permission to install a streetscape on their property on Bass Lake Road. Loren Butterfield, Treasurer, Propper Oil Company, was present and heard. Moved by Councilmember Herbes and seconded. by Councilmember Rygg to adopt the following resolution, the reading_ of which was dispensed with by unanimous consent: RESOLUTION NO. 86-50 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 agree- ment with Propper Oil Company dba 10,000 Auto Parts for permission to install a streetscape on their property on Bass Lake Road, 136 21 OCTOBER 1986 AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Langsdorf Leppa, Rygg rbes, Moravec, Smothers, Aaker. Motion carried, reso tion decla d adopted. C Mayor ATTEST: City Clerk The City Council considered a request from Propper Oil Company dbt-_ 10,000 Auto Parts for a variance in the size of the sign they propose to install (185 sq. ft.; code allows 108 sq. ft.). Moved by Councilmember Moravec and seconded by Councilmember Leppa to deny the request for a sign variance, as requested in Application #S86-7 by Propper Oil Company dba 10,000 Auto Parts. Motion Carried. The City Council considered a request from Todd Pallum for a variance of 9.68' in the required 60' lot width and to consider expanding a non -conforming use (said non -conformity being the existing house en- croaches 38.4' in the required 40' rear yard setback) to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N. This item was continued from the October 7, 1986 meeting. Todd Pallum, applicant, was present and heard. After some discussion, the following motion was re -stated: Moved by Councilmember Smothers and seconded by Councilmember Leppa to deny 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 9.68' in the required 60' lot width to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N., as requested in Application 4186-17. By roll call and voting aye: Smothers, Leppa; voting no: Moravec, Langsdorf, Rygg, IIerbes, Aaker. Motion Failed. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec that pursuant to Section 515.55 of the Crystal City Code, to approve the authorization to vary or modify the strict application of Section 515.15, Subd. 2 a) 1) to grant a variance of 9.68' in the required 60' lot width to allow the construction of a 20'x22' attached garage at 5109 - 50th Ave. N., as requested in Application #86-17, subject to the existing building being hrought up to necessary code require- ments. By roll call and voting aye: Langsdorf, Rygg, Herbes, Moravec, Aaker; voting no: Leppa, Smothers. Motion Carried. 137 21 OCTOBER 1986 Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf 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 appli- cation of Section 515.05, Subd. 2) to allow the expansion of a non- conforming structure to permit the construction of a 20'x22' attached garage at 5109 - 50th Ave. N., as requested in Application #86-18, subject to the existing building being brought up to necessary code requirements within two months. By roll call and voting aye: Langsdorf, Moravec, Rygg, Herbes, Aaker; voting no: Smothers, Leppa. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf 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 appli- cation of Section 515.15, Subd. 2 a) 1) to grant a variance of 9.87' in the required 60' lot width to allow the construction of a 281x38' house at 5105 - 50th Ave. N., as requested in Application #86-19, subject to the existing building being brought up to necessary code requirements. By roll call and voting aye: Langsdorf, Moravec, Rygg, Aaker; voting no: Smothers, Leppa, Herbes. Motion Carried. The City Council considered the release of surety in the amount of $10,000 for Edward DeJarlais, 3231 Nevada Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Edward DeJarlais, 3231 Nevada Ave. N., subject to guaranty provi- sions of the agreement, effective this date, and that surety of the Certificate of Deposit No. 12518 in the amount of $10,000 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered an agreement with the American Red Cross for use of the facilities at Thorson Community Center for a mass feed- ing/shelter area in case of a disaster in the northwest Hennepin County area. 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. 86-51 RESOLUTION RELATING TO AN AGREEPIENT 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 agree- ment with the American Red Cross for use of the facilities at Thor- son Community Center for a mass feedinq/shelter area in case of a disaster in northwest Hennepin County, 138 21 OCTOBER 1986 AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, resol "n decl,�Lr a,o ted. Mayor ATTEST: City Clerk The City Council considered a resolution adopting a sexual harrassment policy for the City of Crystal. 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. 86-52 RESOLUTION APPROVING THE POLICY OF THE CITY RE- GARDING SEXUAL HARRASSMENT BE IT HEREBY RESOLVED by the City Council of the City of Crys- tal, Minnesota, as follows: 1. The City Council has reviewed a proposed policy state- ment governing the conduct of City employees with regard to sexual harrassment in the work place. 2. In the judgment of the City Council, it is in the best interests of the sound administration of the City that the policy be adopted. 3. The policy statement, as presented to the City Council, is on file in the'Office of the City Clerk and is made a part of this resolution as though set forth in full herein, and is hereby adopted. By roll call and voting aye: Langsdorf, Leppa, Rygg,,Nerbes, Moravec, Smothers, Aaker. Motion carried, resolu o declared. l Mayor ATTEST: CL � �' -��..i v�'Gt •rte r.,_ -v.� City Clerk The City Council considered a resolution regarding an agreement with the Metropolitan Council for the use of grant funds for sponsorship of two performing arts groups at the Becker Park Dedication Ceremony. 139 21 OCTOBER 1986 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. 86-53 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ON BEHALF OF THE CITY OF CRYSTAL A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL FOR SPONSORSHIP OF TWO PERFORMING ARTS GROUPS AT THE BECKER PARK DEDICATION CEREMONY WHEREAS, the City of Crystal desires to seek a grant from the Metropolitan Council for state funding to carry out sponsorship of two performing arts groups at the Becker Park Dedication Ceremony, and WHEREAS, the Metropolitan Council requires that all grantees authorize and specify by resolution of their governing body the indi- vidual to apply for and execute the grant agreement on behalf of the organization, NOW, THEREFORE, BE IT RESOLVED that John T. Irving, City Manager, is authorized to apply for and execute on behalf of the City of Crys- tal a grant agreement with the Metropolitan Council for sponsorship of two performing arts groups at the Becker Park Dedication Ceremony. By roll call and voting aye: Langsdorf, Leppa, Rygg, H Moravec, Smothers, Aaker. Motion carried, resolutio eclared o to . 1 Mayor ATTEST: City Clerk The City Council considered an agreement to perform the 1986 audit for the City. Moved by Councilmember Rygg and seconded by Councilmember Herbes to enter into agreement with George M. Hansen Company, P.A. to perform the City of Crystal 1986 audit. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue the discussion of entering into agreement for the 1986 City audit. By roll call and voting aye: Moravec, Langsdorf; voting no: Smothers, Leppa, Ryg, Herbes, Aaker. Motion Failed. By roll call on the original motion and voting aye: Langsdorf, Leppa, Rygg, Herbes, Smothers, Aaker; voting no: Moravec. Motion Carried. 140 21 OCTOBER 1986 The City Council considered the following applications to the State ` of Minnesota for gambling licenses: A. Crystal Lions Club at Rostamo's. B. MN Therapeutic Camp, Inc. at Doyle's and at Palace Inn. C. DIN Lions Eye Bank, Inc. at Tally Ho Restaurant Moved by Councilmember Herbes and seconded by Councilmember Leppa to continue the discussion of the above applications until the next reg- ular Council meeting and to request staff to review an ordinance of another City for possible application to the City of Crystal. Motion Carried. The City Council considered changing the first Council meeting in December from December 2, 1986. Moved by Councilmember Moravec and seconded by Councilmember Smothers to change the first regular Council meeting in December to December 9, 1986. Motion Carried. The City Council considered a change in the time limit for loading in the alley behind businesses on the north side of Bass Lake Road. Moved by Councilmember Herbes and seconded by Councilmember Smothers to change the wording on the present signs in the alley north of Bass Lake Road between Elmhurst and Hampshire to "Loading Zone Only - 30 Minute Limit". Motion Carried. Dale Barrett, 5017 - 50th Ave. N. appeared with regard to the item in which a variance was requested at 5109 - 50th Ave. N. Councilmember Herbes requested that discussion of the Charter Commission be placed on the next agenda. 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 including a Gas Fitters license for William Gadtke Plumbing, Inc., 3510 N. Kilmore Lane, Ply- mouth, MN, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. / tion Carried. Mayor ATTEST -/ City Clerk 141 5 NOVEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on November 5, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Monk, City En- gineer; Don Peterson, Building Inspector; Delores Ahmann, City Clerk; and Nancy Deno, Administrative Assistant. The Mayor led the Council and the auOience in the Pledge of Allegiance to the Flag. Councilmember Smothers, on behalf of the Crystal Lions Club, presented a $500 check to the Mayor to be placed in escrow to be used for the arrest and conviction of anyone vandalizing the park building in Becker Park, and another check in the amount of $1,000 for an exercise path at North Lions Park. Mayor Aaker accepted the checks and thanked the Crystal Lions Club on behalf of the City of Crystal. The City Council considered the minutes of the regular meeting of the City Council held on October 21, 1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of October 21, 1986. Motion Carried. The City Council considered the following Consent Agenda items: I. To set 7:00 P.M., or as soon thereafter as the matter may be heard, November 18, 1986, as the time and date for a public hearing at which time the City Council will consider an amendment to Community Development Block Grant Program Year XI to transfer funds from Commercial Rehabilitation Loans to Senior Housing De- veloper Subsidy. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, November 18, 1986, as the time and date for a public hearing at which time the City Council will consider an amendment to Community Development Block Grant Program Year XII to transfer funds from Blighted Housing to Senior Transportation. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the Consent Agenda. Motion Carried. Mayor Aaker declared this was the time and date for the official can- vass of the results of the General Municipal Election held on Novem- ber 4, 1986. The City Clerk presented to the Council the certifica- tion of the returns of the election. 142 5 NO"TEMBER 1986 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. 86-54 RESOLUTION CANVASSING THE VOTE AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota: 1. It is hereby found and determined that the results of the regular municipal election, a copy of which is on file in the office of the City Clerk, held in and for the City of Crystal on Tuesday, November 4, 1986, as contained in the certified returns of the Judges of the Election, have been canvassed by the City Council and are approved. 2. The following persons are hereby declared to be elected for three-year terms for the office indicated: FOR SECTION II COUNCILMEMBER - R. L. (Rollie) Smothers FOR WARD 1 COUNCILMEMBER - Pauline A. Langsdorf FOR WARD 2 COUNCILMEMBER - Adrian (Ade) Rygg By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, reso ition declar pted. •/ j / Mayor - --- ------ -- ATTEST: /f 1 / ( City Clerk The City Council considered petitions for blacktop alley and storm sewer improvement to (a) alley between Welcome and Xenia Avenue from 44th to 45th; and (b) alley between Welcome and Xenia Avenues from 45th to 46th. Moved by Councilmember Smothers and seconded by Councilmember Leppa to accept the petition and request a feasibility report for the blacktop alley and storm sewer improvement to the alley between Welcome and Xenia Avenues from 44th to 45th Avenues North. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmemrer Smothers to accept the petition and request a feasibility report for blacktop alley and storm sewer improvement for the alley between Welcome and Xenia Avenues from 45th to 46th Avenues North. Motion Carried. The City Council considered a petition for curb and gutter improve- ment on Yates Avenue from 56th to 57th Avenues North. 143 5 NOVEMBER 1986 Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to accept the petition and request a feasibility report for curb and gutter improvement on Yates Avenue from 56th to 57th Avenues North. Motion Carried. The City Council considered surety release in the amount of $4,400 for Country Kitchen, 3501 Vera Cruz Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Moravec to accept the work required as a condition of building permit approval for Country Kitchen, 3501 Vera Cruz Ave. N., subject to guaranty pro- visions of the agreement, effective this date, and that surety in the amount of $4,400 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered the proposed gambling ordinance from the City of Eagan. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to draft a policy and guidelines for the Council to use when reviewing the applications for charitable gambling licenses to the State of Minnesota. Motion Carried. The City Council considered the following applications to the State of Minnesota for gambling licenses: a. Crystal Lions Club at Rostamos and at Palace Inn. b. Minnesota Therapeutic Camp, Inc., at Doyle's and at Palace Inn. C. Minnesota Lions Eye Bank, Inc. at Tally Ho Restaurant. The City Council discussed the City Charter. Moved by Councilmember Leppa and seconded by Councilmember Smothers to direct staff to gather information which was previously prepared by the City Attorney and bring it back to the next regular Council meeting for discussion. Motion Carried. The City Council discussed park land on Twin Lake. Mary Kay Somers, 4934 Quail Ave. N., was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Smothers to set a public hearing for December 9, 1986, to discuss park land on Twin Lake, and further, to request City staff to appraise each par- cel of property in relation to values placed on abutting properties. Moved by Councilmember Leppa and seconded by Councilmember Smothers to amend the motion that the City Council discuss park land on Twin Lake at the December 9, 1986, Council meeting to give staff time to gather the information requested and that the residents of the area be notified of the meeting. The Mayor then called for a vote on the amended motion. By roll call and voting aye: Smothers, Lanqsdorf, Leppa, Rygg, Herbes, Aaker; voting no: Moravec. Motion Carried. 144 5 NOVEMBER 1986 Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, and including a Gas Fitters License for Bryan Bergman dba Bergman Heating and Air Conditioning, 9072 Taylor Street N.E., Blaine, TAT., 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. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. ATTEST: City Clerk s Mayor 1 145 18 NO�TEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on November 18, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the follow- ing staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Bill 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the minutes of the regular Council meeting of November 5, 1986. Motion Carried. The City Council considered the following items on the Consent Agenda: Moved by Councilmember Herbes 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider an amendment to the Community Development Block Grant Program Year XI to transfer $26,000 from Year XI Commercial Rehabilitation Loans to Year XII new program called SAC For Elderly Housing. The Mayor asked those present to voice their opinions or ask questions concern- ing the amendment to the Community Development Block Grant Program. No one appeared. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, December 9, 1986, as the time and date for a public hearing at which time the City Council will consider tentative approval of proposed plat St. James 2nd Addition located at 4615 Hampshire Avenue North. 2. To set 7:00 P.M., or as soon thereafter as the matter the time and date may be heard, December 9, 1986, as 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 in the required number of park- ing spaces (11 requested; 19 required) for a fast-food convenience store located at 2716 Douglas Drive. Moved by Councilmember Herbes 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 could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider an amendment to the Community Development Block Grant Program Year XI to transfer $26,000 from Year XI Commercial Rehabilitation Loans to Year XII new program called SAC For Elderly Housing. The Mayor asked those present to voice their opinions or ask questions concern- ing the amendment to the Community Development Block Grant Program. No one appeared. Moved by Councilmember Moravec and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 146 18 NOVEMBER 1986 RESOLUTION NO. 86-55 RESOLUTION APPROVING TRANSFER OF YEAR XI COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO A NEW PROJECT WHEREAS, the City of Crystal had allocated $51,000 from Year XI Community Development Block Grant funds for Commercial Rehabilitation Loans, and WHEREAS, this funding has not been utilized and will be lost by December 31, 1986 if not reprogrammed, and WHEREAS, the City of Crystal would like to create a new project for funding with $26,000 of these Year XI funds, and WHEREAS, the City of Crystal would like to fund the SAC charges for the elderly housing development to be built in the Bass Lake Road/ Becker Park project area, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Crystal that $26,000 be reallocated to Year XII SAC for Elderly Hous- ing Program. By roll call and voting aye: Langsdorf, Leppa, Ry Herbes, Moravec, Smothers, Aaker. Motion carried, resol� j,,pn decl ed)a opted. ATTEST: City Clerk It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider an amend- ment to the Community Development Block Grant Program Year XII to transfer funds from Acquisition of Blighted Housing to Senior Trans- portation Project in the amount of $8,000. The Mayor asked those present to voice their opinions or ask questions concerning the amend- ment to the Community Development Block Grant Program Year XII. No one appeared. Moved by Councilmember Smothers and seconded by Councilmemher Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-56 RESOLUTION APPROVING TRANSFER OF YEAR XII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO A NEW PROJECT WHEREAS, the City of Crystal had allocated $68,599 from Year XII Community Development Block Grant funds for Acquisition of Blighted Housing, and 147 18 NOVEMBER 1986 WHEREAS, this amount of funding is not necessary in this project category, and WHEREAS, the City of Crystal would like to create a new project for funding with $8,000 of these Year XII funds, and WHEREAS, the City of Crystal sees a need to fund the Five Cities Senior Transportation Program currently in operation, which provides bus service to elderly people in Crystal, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that $8,000 be reallocated to the Five Cities Senior Trans- portation Program. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, reso ion deQ dopted. Mayor ATTEST: 1 (2 b City Clerk Mayor Aaker declared this was the time and date for the official canvass of the recount results of the votes for Councilmember Section II from the General Municipal Election held on November 4, 1986. The City Clerk/Recount Official presented to the Council the certification of the returns of the recount. 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. R6-57 A RESOLUTION CANVASSING THE RECOTTNT OF VOTES FOR COUNCILMEMBER SECTION II OF THE GENERAL MUNICIPAL ELECTION AND DECLARING' THE RESULT THEREOF BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota: 1. It is hereby found and determined that the results of the recount of votes for rouncilmember Section II of the regular municipal election, a copy of which is on file in the office of the City Clerk, held in the City Hall of the City of Crystal on Tuesday, November 13, 1986, as contained in the certified returns of the City Clerk/Recount Official, have been canvassed by the City Council and are approved. 148 18 NOVEMBER 1986 2. The following_ person is hereby declared to be elected for a three-year term for the office indicated: FOR SECTION II COUNCILMEMBER - R. L. (Rollie) Smothers By roll call and voting aye: Langsdor_f, Leppa, Ry Herbes, Moravec, Smothers, Aaker. Motion carried, resol'on decl opted. ATTEST: Z City Clerk Mayor The City Council considered an application for a private kennel license from Arlene DuChene, 4747 Lakeland Ave. N. The applicant was present. Moved by Councilmember Leppa and seconded by Councilmember Rygg to approve the private kennel license request of Arlene Duchene, 4747 Lakeland Avenue North, expiring December 31, 1986. Motion Carried. The City Council considered an application for a private kennel license from Sharon Grant, 8008 32nd Place North. The applicant was present. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve a private kennel license for Sharon Grant, 8008 32nd Place North, expiring December 31, 1986. Motion Carried. Wilfred Wurst appeared before the City Council regarding the raising of rabbits at 5301 Idaho Ave. N. William Young, 5306 Jersey Ave. N., was present and heard. A letter was presented from Gordon and Helen Brown, 5300 Jersey Avenue North, who could not attend the meeting. Moved by Councilmember Leppa and seconded by Councilmember Herbes to direct the City Attorney to prepare an ordinance amendment that would allow keeping up to 24 rabbits with a kennel license under such terms as, caged at all times, screened from view, and free from objectionable odors. Motion Carried. The City Council considered applications for gambling licenses to the State of Minnesota for (a) Church of All Saints at the Paddock; (b) Minnesota Therapeutic Camp at the Paddock; and (c) Knights of Columbus Council #3656 at 4947 West Broadway. No action was taken. The City Council considered a resolution authorizing the County land officer to sell certain properties in the City of Crystal. Moved by Councilmember Leppa and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 149 18 NOVEMBER 1986 RESOLUTION NO. 86-58 CONVEYANCE OF TAX FORFEITED LANDS WHEREAS, the City of Crystal has been informed by the Hennepin County Department of Property Taxation that certain lands within the City have been forfeited for non-payment of real estate taxes, and WHEREAS, the City of Crystal wishes to restrict and condition the sale of several of the forfeited lands to bring them into conform- ance with City ordinances and land use requirements consistent with provisions of Chapter 282 of Minnesota Statutes, and WHEREAS, all special assessments cancelled as a part of the for- feiture process may be reassessed as the property reverts to private ownership if not collected as a part of said sale, and WHEREAS, no special assessments have been levied on any of the tax -forfeited properties since said forfeiture occurred, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby requests that the Hennepin County Board of Commis- sioners: 1. Conduct the public sale of the following described par- cels without condition: 20-118-21-14-0100 20-118-21-14-0101 2. Conduct a non-public sale of the following parcels for conveyance to adjoining lands as said parcels are un- dersized lots as defined by City ordinances and regu- lations: 20-118-21-24-0115 05-118-21-41-0110 09-118-21-41-0078 By roll call and voting aye: Langsdorf, Leppa, - Herbes, Moravec, Smothers, Aaker. Motion carried, reso yztion de, are adopted. Mayor ATTEST: -- City Clerk The City Council considered a three -community recycling program, as proposed by the City Manager. 150 18 NOVEMBER 1986 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. 86-59 RESOLUTION AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS AND ENTERING INTO AN AGREEMENT FOR LANDFILL ABATEMENT WHEREAS, the Metropolitan Council of the Twin Cities will make grant funds available for landfill abatement/recycling to local govern- ments, and WHEREAS, the Cities of Crystal, Brooklyn Center and Brooklyn Park have an existing Joint Powers Agreement for Environmental Health Ser- vices that is capable of handling a recycling program, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal, through its Joint Powers Agreement with Brooklyn Center and Brooklyn Park, make application to the Metropolitan Council of the Twin Cities for landfill abatement funds, AND FURTHER, that the Mayor and City Manager are hereby authori- zed to make application and enter into agreements for this purpose. By roll call and voting aye: Langsdorf, Smothers, Aaker. Motion carried, resolu ATTEST : City Clerk erbes, opted. Moravec, Mayor 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. 86-60 RESOLUTION RELATING TO A CONTRACT FOR RECYCLABLE COLLECTIONS BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City Manager has proposed to the Council that the City enter into a contract with the Cities of Brooklyn Center and Brooklyn Park and Goodwill Industries, Inc., for the purpose of operating a recycling center in one of the cities. 18 NOVEMBER 1986 2. The Council has reviewed a preliminary draft of the pro- posed contract for this purpose and finds that it is in the best interests of the City to enter into the con- tract. 3. The Mayor and City Manager are authorized and directed to execute and deliver the contract in substantially the form presented to the City Council with such modi- fications as may be recommended by the City Attorney. By roll call and voting aye: Langsdorf, eppa, Rygg Herbes, Moravec, Smothers, Aaker. Motion carried, resol on decla opted. Mayor ATTEST: City Clerk The City Council considered the approval of the purchase of Crystal Auto for Highway 169/10 Improvement right-of-way, and authorizing the Mayor and City Manager to sign the purchase agreement and temporary rental lease. 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. 86-61 RESOLUTION RELATING TO THE ACQUISITION OF REAL PROPERTY FOR THE 169/10 HIGHWAY PROJECT BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City is conducting an improvement project in the City generally known as the 169/10 Improvement Project. 2. The City staff has presented to the Council a proposed pur- chase agreement for property owned by Jerome M. Gustafson, 5613 Vera Cruz Avenue North, Crystal, Minnesota, 55429, the form of which has been reviewed by the Council and is now on file with the City Clerk. A legal description of the property involved is attached to the pro- posed purchase agreement. 3. The Council finds that it is in the best interests of the sound financial management of the City that the property be purchased for the Project. 152 18 NOVEMBER 1986 4. The form of the proposed purchase agreement is ap- proved. The Mayor and City Manager are authorized and directed to execute and deliver the purchase agree- ment on behalf of the City. 5. The Mayor and City Manager are also authorized to execute and deliver a temporary lease of the property to the present owner in substantially the form presented to the Council and now on file with the City Clerk. 6. The Mayor and City Manager are authorized and directed to execute and deliver such other documents as are necessary to effect the transactions approved by this resolution. By roll call and voting aye: Langsdorf, Leppa, Herbes, Moravec, Smothers, Aaker. Motion carried, reso u ion dec re adopted. M or ATTEST: G� City Clerk The City Council discussed a Charter Commission. Moved by Councilmember Smothers and seconded by Councilmember Herbes to direct staff to proceed with the necessary steps to activate a Char- ter Commission for the City of Crystal. Motion Carried. 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, and further, that such list be incorporated into ani? 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 153 9 DECEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on December 9, 1986, at 7:00 P.M., 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Leppa, Rygg, Herbes, Aaker, Moravec, Smothers. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City At- torney; John Olson, Assistant City Manager, William Monk, City En- gineer; 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 ninutes of the regular City Council meeting of November 18, 1986. Moved by Councilmember Herbes and seconded by Councilmember voravec to approve the minutes of the regular Council meeting of november 18, 1986. Motion Carried. Ed Brandeen, Director of the Parks and Recreation Department, intro- duced members of Westphal American Legion Post #251, who in turn, pre- sented a check in the amount of $5,000 to the City of Crystal for the construction of a Becker Park kiosk. The Mayor thanked them on be- half of the City of Crystal. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for the public hearing at which time the City Council would consider tentative approval of proposed plat St. James 2nd Ad ition, located at 4615 Hampshire Ave. N. The Mayor asked those present to voice their opin- ions or ask questions concerning the proposed plat. Those present and heard were: Tom Kelley, 4925 - 54th Ave. N., representing the Stanley's, owners of the property; and Rick Matson, 4609 Hampshire. Moved by Councilmember Rygg and seconded by councilmemher Smothers to grant tenative approval of proposed plat St. Tames 2nd Addition, lo- cated at 4615 Hampshire Ave. N., which is a replat of T�ot_ 1, Flock 1, St. James Addition. T"otion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and cla.te aEz advertised for a public hearing at which time the City Council would sit as a Board of Adjustments and �,ppeals to consi� er a request from Tarry .and Fi- linda MacDonald for a conditional use permit to allow a fast-food con- venience store in a B-4 District. Also under consideration is a re- quest for a variance of 11 off-street parking spaces in the required 19 parking spaces for a fast-food convenience store at 2716 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning this item. Those present and heard were: Fi- linda MacDonald, applicant. 154 9 DECEMBER 1986 Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve Application #86-31, as recommended by and based on the findings of fact of the Planning Commission, for a conditional use permit to allow a fast-food convenience store in a B-4 District at 2716 Douglas Drive, as request ed by Larry and Filinda MacDonald. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Ryqg to approve, as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.09, Subd. 8 v) to allow 8 parking spaces for a variance of 11 parking spaces in the required 19 parking spaces at 2716 Doug- las Drive, as requested in Application #86-33. Motion Carried. The City Council considered the disposition of public property along Twin Lake. The City Attorney explained some of the options which may be available. Those present and heard were: Patricia Dooher, 5308 Fairview Tom Kelley, 4925 - 54th Ave. N. John Schutz, Anoka, Mn. Virginia Halmers, 4900 Quail John Schaaf, 4908 Quail N. Wilby Arnold, 4916 Quail Roger Schutz, Fridley, Mn. Jerome Fluth, 4958 Quail Mark Dooher, 3411 Major Jim Somers, 4934 Quail By common consent, the City Council directed the City Attorney to research further options for disposition of this property and the procedure for possible licensing of docks. The City Council considered an addendum to the contract with Funk Animal Hospital. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the addendum to the contract between Funk Animal Hospital and the City of Crystal, effective December 9, 1986, as presented to the City Council, and further, to authorize the Payor and City Manager to sign the addendum. Motion Carried. FJ The City Council considered surety release in the amount of $117,000 for site improvements at 3240 Winpark Drive (Winnetka Industrial Center). Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Winnetka Industrial Center, 3240 Winpark Drive, subject to guaranty provisions of the agreement effective this date, and that surety in the amount of $117,000 be released, subject to said guaranty, as recom- mended by the City Engineer. Motion Carried. The City Council considered surety release in the amount of $51,000 for Welcome Furniture, 4835 West Broadway. 155 9 DECEMBER 1986 Moved by Councilmember Leppa and seconded by Councilmember Moravec to accept the work required as a condition of building permit appro- val for Welcome Furniture, 4835 West Broadway, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $51,000 be released, subject to said guaranty, as recom- mended by the City Engineer. Motion Carried. The City Council considered a reduction of surety from $35,000 to $1,000 for Crystal Apartments, 5755 West Broadway. Moved by Councilmember Langsdorf and seconded by Councilmember Rygg to reduce surety from $35,000 to $1,000 for Crystal Apartments, 5755 West Broadway, and accepting a portion of the work required to be performed as a condition of building permit approval, as recommended by the City Engineer. Motion Carried. The City Council considered a reduction of surety from $75,000 to $6,000 for site improvements for Bassett Creek Townhouses, 3504--3513 Doug- las Drive. Moved by Councilmember Herbes and seconded by Councilmember Leppa to accept a portion of the work required as a condition of final plat approval for Crystal Green, and that surety be reduced from "'30,000 to $500, as recommended by the City Engineer. Motion Carried. The City Council considered a reduction of surety from $20,000 to $500 for site improvements for Rolling Green of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept a portion of the work required as a condition of final plat approval for Rolling Green of Crystal, and that surety be reduced from $20,000 to $500, as recommended by the City Engineer. Motion Carried. The City Council considerd a reduction in surety from ``53,000 to $3,000 for site improvements for Olivet Baptist Church at 3420 Nevada Ave. N. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to accept a portion of the work required as a condition of building permit approval for Olivet Baptist Church, 3420 Nevada Ave. N., and that surety be reduced from $53,000 to $3,000, as recommended by the City Engineer. Motion Carried. The City Council considered Change Order No. 1 for the construction of the Bass Lake Road streetscape. Moved by Councilmember Moravec and seconded by Councilmember Herbes to accept a portion of the work required as a condition of building permit approval for Bassett Creek Townhouses, 3504--3518-Douglas Drive, and that surety be reduced from $75,000 to $6,000, as recommended by the City The City Engineer. Council considered a reduction of Motion Carried. surety from $30,000 to $500 for site improvements at Crystal Green. Moved by Councilmember Herbes and seconded by Councilmember Leppa to accept a portion of the work required as a condition of final plat approval for Crystal Green, and that surety be reduced from "'30,000 to $500, as recommended by the City Engineer. Motion Carried. The City Council considered a reduction of surety from $20,000 to $500 for site improvements for Rolling Green of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Herbes to accept a portion of the work required as a condition of final plat approval for Rolling Green of Crystal, and that surety be reduced from $20,000 to $500, as recommended by the City Engineer. Motion Carried. The City Council considerd a reduction in surety from ``53,000 to $3,000 for site improvements for Olivet Baptist Church at 3420 Nevada Ave. N. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to accept a portion of the work required as a condition of building permit approval for Olivet Baptist Church, 3420 Nevada Ave. N., and that surety be reduced from $53,000 to $3,000, as recommended by the City Engineer. Motion Carried. The City Council considered Change Order No. 1 for the construction of the Bass Lake Road streetscape. 156 9 DECEMBER 1986 Moved by Councilmember Herbes and seconded by Councilmember Leppa to approve Change Order No. 1 for the construction of the Bass Lake Road streetscape, and further, that the Mayor and City Manager be authorized to sign Change Order No. 1. Motion Carried. The City Council considered an agreement with Rosenthal, Rondoni & MacMillan,Ltd. for prosecution legal services for the year 1987. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLTTTION NO. 86-62 A RESOLUTION RELATING TO AN AGREEMENT FOR PROSECUTION LEGAL SERVICES BE IT HEREBY RESOLVED by the City Council of the City of Crys- tal that the Mayor and City Manager be authorized to enter into an agreement with Rosenthal, Rondoni & MacMillan, Ltd., for criminal prosecution legal services for the year 1987, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Langsdorf, Leppa, Rygg, H bes, Moravec, Smothers, Aaker. Motion carried, resolutio eclared ed. Mayor lo ATTEST: City Clerk The City Council considered authorizing preparation of a feasibility study for storm sewer improvements in the area of Douglas Drive and 55th Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to request a feasibility report for storm sewer improvements in the area of Douglas Drive and 55th Avenue North. Motion Carried. The City Council considered transfers within the 1986 City of Crystal budget. Moved by Councilmember Leppa and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1 157 9 DECEMBER 1986 PESO1,UTi_ON NO. 86--63 A RESOLUTION TRANSFERRING FTJNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM TO AMOUNT Impr. #66D Sealcoat General $15,507.83 Impr. #66D Sealcoat General 35,268.36 Impr. #66D Sealcoat Equipment Reserve 30,556.00 W & S Operating General 27,500.00 W & S Operating General 27,500.00 Street Lighting General 5,500.00 By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Smothers, Aaker. Motion carried, reso tion de e adopted. L Z, J mayor ATTEST: City Clerk The City Council considered a resolution, regarding the appraisals for the Highway 169/County Road 10 project. 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. 86-64 RESOLUTION CERTIFYING PETITIONER'S APPPOVFD APPRAISALS OF VALUE: PADDOCK, ET AL. PROPERTY BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City of Crystal is authorized to acquire land for street and utility purposes. 2. After study and consideration, the City concluded that the real property described in its condemnation Petition in District Court File No. CD -1982 (hereinafter "the subject property") was reasonably necessary and convenient for use for street and utility purposes in connection with the 169 and 10 highway improvement project, and thus commenced condemnation proceedings, including "Quick -Take" proceed- ings, to acquire the subject property. 3. The City has requested and received appraisal reports that set forth the damages to the subject property that will occur by reason of the acquisition thereof by the City. 158 9 DECEMBER -1986 4. Said appraisal reports are in proper form, in compliance with the standards and practices of the local appraisal community, and represent the best professional judgment of their author. 5. After study and consideration, and on the recommendation of its staff, the City has concluded that Mr. Brad Bjorklund's appraisals appropriately and accurately estimate the damages that will be suf- fered on account of the subject condemnation action. 6. The appraisal reports of Mr. Brad Bjorklund in the follow- ing amounts are declared to be the City's approved appraisals of value within the meaning of Minn. Stat. 117.042 (1984): Parcel Owner Address Amount 6 V. Bents Farms, Inc. Insty Print $ 77,000 5561 & 5563 Lakeland N. 8 S. Gunnar Norling Norling Motors $201,000 5548 Lakeland Ave. N. 13 & 14 Earl C. Paddock ) Fee The Paddock $150,500 Thelma H. Paddock) Owners 5917-27 Bass Lake Road Joseph & Lorraine Hartinger - C/D Vendee 15 & 16 L. F. LaFleur, Jr.) Fee Apartment Building $133,400 Dorothy Gwendolyn 6001-17 Bass Lake Road LaFleur ) Owners Dennis Enright - C/D Vendee 21 Peggy E. Saarela-Fee Owner Hitchin Post $158,000 Orville B. Colvin) C/D 5614-5616 Lakeland N. Terry L. Colvin ) Vendees 22 Edward F. Flaherty- Rapid Oil $ 25,100 Fee Owner 5602 Lakeland Ave. N. 104 D-62 Properties, A PIT. Hartman Building $ 6,600 Partnership - Fee Owner 6000 Bass Lake Road 7. The City's staff and attorney are directed to deposit forth- with with the Court a check in the amount of City's approved appraisals of value for the benefit of the various owners of the subject property. By roll call and voting aye: Langsdorf eppa, R g, erbes, Moravec, Smothers, Aaker. Motion carried, reso ion d ) ared,ac�opted. Mayor ATTEST: City Clerk 159 9 DECEMBER 1986 The City Council considered the procedure to initiate the City of Crys- tal Charter Commission. Moved by Councilmember Herbes and seconded by Councilmember Moravec to continue the discussion of a City of Crystal Charter Commission until the regular Council meeting of January 20, 1987. Motion Carried. The City Council considered the 1987 salary schedule program. Moved by Councilmember Leppa and seconded by Councilmember Herbes to continue the discussion of the 1987 salary schedule program until the first Council meeting in January, 1987, to allow time to finish the appeal process, and further, with the intention of making the 1987 salary sche(ule program retroactive to January 1, 1987. 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. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. —»T Mayor ATTEST: /l -z City Clerk 160 16 DECEMBER 1986 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on December 16, 1986, 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, Leppa, Rygg, Herbes, Aaker, Moravec; the following were absent: Smothers. Also present were the following staff members: John T. Irving, City Manager; John Olson, Assistant City Manager; William Monk, City En- gineer; 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. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the minutes of the regular meeting of December 9, 1986. Motion Carried. David Kennedy, the City Attorney, arrived at 7:03 P.M. The City Council considered the final approval of proposed plat HRA 4th Addition. 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. 86-65 RESOLUTION APPROVING A 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 HRA 4th Addition, as submitted by the Crystal Housing and Redevelopment Authority, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled HRA 4TH ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Leppa, Ryqg, es, Moravec, Aaker; absent, not voting: Smothers . 1"ro b car re�sd�lution declared adopted. Mayor ATTEST: City Clerk 161 16 DECEMBER 1986 The City Council considered the final approval of proposed plat Soule Addition. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-66 RESOLUTION APPROVING 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 Soule Addition, as submitted by Robert N. Soule and Janet V. Soule, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled S017LE ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Aaker; absent, not voting: Smothers. M ion carri esolution de- clared adopted. Mayor ATTEST: f City Clerk The City Council considered bids for bleachers and playground equip- ment for Becker Park. Mike Bjornberg, BRW, was present and heard. 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. 86-67 RESOLUTION AWAPDINC BID FOR BLEACHERS AT BFCKER PARK WHEREAS, the City of Crystal did advertise for bids for bleachers at Becker Park and WHEREAS, such bids were received and publicly opened on December 10, 1986, and tabulated as follows: Flanagan Sales, Inc. $15,080.00 Stadiums Unlimited, Inc. 16,539.00 Miracle Recreation Equipment 18,500.00 162 16 DECEMBER 1986 AND WHEREAS, Flanagan Sales, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOL�TED that the City of Crystal awards the contract for eight sets of bleachers in Becker Park to Flanagan Sales, Inc., in the amount of $15,080.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf, Leppa, Rygg, Her es, Moravec, Aaker; absent, not voting: Smothers. Mo 'o carried, e 1 tion de- clared adopted. Mayor ATTEST: City Merk 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. 86-68 RESOLUTION AWARDING BID FOR PLAYGROUNP, EQUIPMENT AT BECKE R PARK WHEREAS, the City of Crystal did advertise for bids for playground equipment for Becker Park, and WHEREAS, such bids were received and publicly opened on December 10, 1986, and tabulated as follows: Viking Fence & Construction Co. $24,850.00 AND WHEREAS, Viking Fence & Construction Company, is the apparent low bidder, and the only bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for playground equipment in Becker Park to Viking Fence & Construction Company, in the amount of $24,850.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf_, Ieppa, Ry Heroes, Moravec, Aaker; absent, not voting: Smothers. ^1R ion ca ie , resolution de- clared adopted. ATTEST: Mayor City Clerk 1 16 DECEMBER 1986 The City Council considered the First Reading of an ordinance amend- ing the animal ordinance, Section 910 of the Crystal City Code. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adopt the following ordinance: ORDINANCE NO. 87 - AN ORDINANCE RELATING TO THE KEEPING OF CERTAIN ANIMALS: AMENDING CRYSTAL CITY CODE, SECTTON 910, BY ADDING A SUBSECTION and further, that the second and final reading be held on January 6, 1987. Motion Carried. The City Council considered Change Order No. 4 for the Becker Park shelter building. Mike Bjornberg, of BRW, was present and heard. Moved by Councilmember Leppa and seconded by Councilmember Rygg to approve Change Order No. 4 for the Becker Park shelter building, as presented, and further, to authorize the Mayor and City Manager to sign Change Order No. 4. Motion Carried. The City Council considered transfers within the City of Crystal 1986 budget. Moved by Councilmember Leppa and seconded by Councilmember Pygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 86-69 A RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM Workers Comp. Ins. Auto Insurance Emergency Allowance Other Eq. Repair -Council Office Eq. Rental -Admin - Service Contracts -Admin. Salaries - Temporary Postage - Assessor Gas Heat -Building Emergency Allowance Mach. & Eq. Rental-Str. Rec. Equip. -Pec. Rec. Equip.-Rec. Emergency Allowance Legal Services -Salaries Misc. Cap. Outlay -Pool Building Rep. -Pool TO General Liability Ins. General Liability Ins. General Liability Ins. Salaries - Council Postage -Administration Other Eq. Repair -Admin. Printing - Assessor Printing - Assessor Telephone -Building Professional Serv.-Police Mach. & Eq. Capital-Str. Telephone-Rec. General Notices-Rec. Empl. Adv. -Civil Service Legal Services -Legal Gas Heat -Pool Electricity -Pool AMOUNT $50,946 8,493 4,718 260 2,200 250 250 700 5,000 9, 200 1,300 250 260 2,000 3,000 2,500 1,000 163 164 16 DECEMBER. 1986 By roll call and voting aye: Langsdorf, Leppa, Rygg, Herbes, Moravec, Aaker; absent, not voting: Smothers. Motion car ri solution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered appointments to the Crystal Police Relief Association. Moved by Councilmember Leppa and seconded by Councilmember Herbes to appoint Mayor Thomas Aaker, Chief of Police James Mossey and Finance Director Miles D. Johnson to the Board of Directors of the Crystal Police Relief Association, in accordance with MN. Statutes 5423.001, Subd. 2. Motion Carried. The City Council considered the application of Yvonne Halpaus for appointment to the Planning Commission. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to appoint Yvonne Halpaus to the Planning Commission for an un- expired term ending December 31, 1987. Motion Carried. The City Council considered a request from Councilmemher Smothers for $10,000 for the Crystal Frolics. Moved by Councilmember Leppa and seconded by Councilmember Rygg to continue the discussion of a request from Councilmember Smothers for $10,000 for the Crystal Frolics until the next regular Council meet- ing. Motion Carried. 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, with the addition of a whirlpool license for John Paulson at Cambridge Apartments, 5755 West Broadway, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Leppa to adjourn the meeting. ,otion Carried. mayor ATTEST: City Clerk 165 30 DECEMBER 1986 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 December 30, 1986, at 7:00 P.M., at 4141 Doug- las Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Leppa, Rygg, Herbes, Smothers, Aaker; the following were absent: Moravec. Also present were the following staff members: John T. Irving, City Mana- ger; David Kennedy, City Attorney; Delores Ahmann, City Clerk; and Nancy Deno, Administrative Assistant. The P7ayor led the Council and the audience in the Pledge of Allegiance to the Flag. Moved by Councilmember Smothers and seconded by Councilmember Herbes to delete the programming of this meeting on live television and to record it on tape only. By roll call and voting aye: Smothers, Langsdorf, Leppa, Rygg, Herbes; voting no: Aaker; absent, not voting: Moravec. Motion Carried. Mayor Aaker explained the provisions of the City Charter regarding some of the items on the agenda. The City Council discussed the vehicle for the Police Reserves Unit. By common consent, the City Council requested that the next item, the salaries of Chief Mossey and Building Inspector Peterson, be dis- cussed at the next regular meeting of the City Council. Councilmember Smothers removed Item #3, actions of the Police Chief, from the agenda. The City Council discussed the unlimited use of the Police Chief's car. The City Council discussed taking more responsibility on City policy. Mr. John Schaaf, 4908 Quail Ave. N., was present and spoke. Moved by Councilmember Leppa and seconded by Councilmember Langsdorf to direct staff to arrange for seminars or workshops to inform Coun- cilmembers on proper procedures and responsibilities regarding policy setting, managing policies, and their differences. Motion Carried. Councilmember Leppa suggested that staff inform all Commission mem- bers of a policy which would reimburse them for commission -related seminars, reimbursement to be limited to tuition, the necessary ma- terials, meals and travel, and also that staff_ inform them when staff receives brochures on pertinent seminars and workshops. By common consent, the Council agreed to the above. 166 30 DECEMBER 1986 The Council then discussed a tour which will be given on January 5, 1987, of a recycling operation in Eden Prairie. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to adjourn the meeting. 1 n Carried. 0 Mayor ATTEST: City Clerk J