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1985 City Council Minutes2 JANUARY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 2, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker, Moravec, Rygg. Also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Don Peterson, Building Inspector; 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 minutes of the regular Council meeting of December 18, 1984, were approved. The City Council considered the following Consent Agenda: 1. To reappoint Marguerite Novak and Robert Rasmussen to the Environ- mental Commission for terms ending December 31, 1987. 2. To reappoint Donald Fish to the Human Relations Commission for a term ending December 31, 1987. 3. To reappoint Liz Reid and Marty Gates to the Parks and Recrea- tion Advisory Commission for terms ending December 31, 1987. 4. To reappoint Steven Leppa and Barbara Senden to the Planning Commission for terms ending December 31, 1987. 5. To reappoint Cyril Soukup to the Civil Service Commission for a term ending December 31, 1987. 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 Gordon Nelson for a variance of 15.5' in the required 25.5' side street side yard setback to build a deck at 3001 Hampshire Avenue N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Nelson was present. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve, 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) and grant a variance of 15.5' in the required 25.5' side street side yard setback for an 18'x22' deck at 3001 Hampshire Ave. N., as requested in Application #84-59 of Gordon Nelson. 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 2 JANUARY 1985 Moved by Councilmember Schaaf and seconded by Councilmember Smothers 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, to vary or modify the strict application of Section 515.09, Subd. 8 u), and grant a variance of 84 parking spaces in the required 180 parking spaces at 5419 Lakeland Ave. N., as requested in Appli- cation #84-58A of Frank's Furniture. Motion Carried. The City Council considered a request from Noble Drug to allow park- ing on Noble Avenue. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the request from Noble Drug to allow parking on Noble Avenue except from the driveway to the intersection at 36th Avenue North which will be posted "No Parking Here to Corner". Motion Carried. The City Council considered a tavern license for Godfather's Pizza, 99 Willow Bend, Crystal Shopping Center. Mr. Zdon, Manager, was pre- sent and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the request for a tavern license for Diversifoods, Inc., dba Godfather's Pizza, 99 Willow Bend, Crystal Shopping Center, sub- ject to receipt of Certificate of Occupancy. Motion Carried. The City Council considered the selection of a Mayor Pro Tem for 1985. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to appoint Councilmember Rygg as Mayor Pro Tem for the year 1985. Motion Carried. The City Council considered the designation of the official deposi- tory for the City of Crystal for 1985. Moved by Councilmember Smothers and seconded by Councilmember Herbes to designate Easy Place Bank (Crystal State Bank) as the official depository for the City of Crystal for the year 1985. Motion Carried. The City Council considered the designation of the official newspaper for the City of Crystal for 1985. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to designate the North Hennepin Post as the official newspaper for the City of Crystal for the year 1985. Motion Carried. public hearing at which time the City Adjustments and Appeals to consider a Council will sit as a Board of request from Marge Buss of Frank's Furniture for a variance of 84 parking spaces in the required 180 park- ing spaces at 5419 Lakeland Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Ms. Buss was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Smothers 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, to vary or modify the strict application of Section 515.09, Subd. 8 u), and grant a variance of 84 parking spaces in the required 180 parking spaces at 5419 Lakeland Ave. N., as requested in Appli- cation #84-58A of Frank's Furniture. Motion Carried. The City Council considered a request from Noble Drug to allow park- ing on Noble Avenue. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the request from Noble Drug to allow parking on Noble Avenue except from the driveway to the intersection at 36th Avenue North which will be posted "No Parking Here to Corner". Motion Carried. The City Council considered a tavern license for Godfather's Pizza, 99 Willow Bend, Crystal Shopping Center. Mr. Zdon, Manager, was pre- sent and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the request for a tavern license for Diversifoods, Inc., dba Godfather's Pizza, 99 Willow Bend, Crystal Shopping Center, sub- ject to receipt of Certificate of Occupancy. Motion Carried. The City Council considered the selection of a Mayor Pro Tem for 1985. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to appoint Councilmember Rygg as Mayor Pro Tem for the year 1985. Motion Carried. The City Council considered the designation of the official deposi- tory for the City of Crystal for 1985. Moved by Councilmember Smothers and seconded by Councilmember Herbes to designate Easy Place Bank (Crystal State Bank) as the official depository for the City of Crystal for the year 1985. Motion Carried. The City Council considered the designation of the official newspaper for the City of Crystal for 1985. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to designate the North Hennepin Post as the official newspaper for the City of Crystal for the year 1985. Motion Carried. 2 JANUARY 1985 The City Council considered the appointment of a liaison to the Park and Recreation Advisory Commission for the year 1985. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to appoint Councilmember Rygg as liaison to the Park and Recreation Advisory Commission for the year 1985. Motion Carried. The City Council considered the appointment of a liaison to the En- vironmental Commission for the year 1985. Moved by Councilmember Rygg and seconded by Councilmember Pieri to appoint Councilmember Moravec as liaison to the Environment Commission for the year 1985. Motion Carried. The City Council considered the appointment of a liaison to the Human Relations Commission for 1985. Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Councilmember Pieri as liaison to the Human Relations Com- mission for the year 1985. Motion Carried. The City Council considered the appointment of a Representative and an Alternate to the Association of Metropolitan Municipalities for the year 1985. Moved by Councilmember Smothers and seconded by Councilmember Rygg to appoint Councilmember Rygg as the Representative and Mayor Aaker as the Alternate Representative to the Association of Metropolitan Municipalities for the year 1985. Motion Carried. The City Council considered the appointment of a Representative to the Joint Water Commission for the year 1985. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to appoint Councilmember Herbes as Representative to the Joint Water Commission for the year 1985. Motion Carried. The City Council considered the appointment of a representative to the Tri -City Twin Lake Study Committee for the year 1985. Moved by Councilmember Pieri and seconded by Councilmember Moravec to appoint Councilmember Schaaf as Representative to the Tri -City Twin Lake Study Committee for the year 1985. Motion Carried. The City Council considered the appointment of representatives to the Northwest Suburbs Cable Communications Commission for the year 1985. Moved by Councilmember Smothers and seconded by Councilmember Moravec to appoint Mayor Aaker and City Manager Irving as Representatives to the Northwest Suburbs Cable Communications Commission for the year 1985. Motion Carried. 2 JANUARY 1985 The City Council considered the appointment of Council Representatives to the Long -Range Planning Commission for the year 1985. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to appoint Mayor Aaker and Councilmember Pieri as the Council Represen- tatives to the Long -Range Planning Commission for the year 1985. Motion Carried. The City Council considered the appointment of a Representative to the Sewer Service Area Advisory Board for the year 1985. Moved by Councilmember Moravec and seconded by Councilmember Pieri to appoint Councilmember Smothers as the Representative to the Sewer Service Board for the year 1985. Motion Carried. The City Council considered the appointment of Representatives to the Suburban Police Recruitment Systems for the year 1985. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint the Police Chief as the Director and the City Manager as the Alternate Director to the Suburban Police Recruitment Systems for the year 1985. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- ting Ethel Place and the alley from Ethel Place to Bass Lake Road. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85-1 AN ORDINANCE VACATING ETHEL PLACE AND THE ALLEY FROM ETHEL PLACE TO BASS LAKE ROAD and further, that this be the second and final reading. Motion Carried. The City Council considered a request from the Planning Commission to review permitted uses in an I-1 or I-2 zone to allow a contractor storage yard as a permitted use. Moved by Councilmember Herbes and seconded by Councilmember Pieri to request the Planning Commission to hold a public hearing to consider allowing a contractor storage yard as a permitted use in an I-1 or I-2 zone. Motion Carried. The City Council considered the release of surety in the amount of $96,000 for the 3200 Winpark Drive Building "C". Moved by Councilmember Herbes and seconded by Councilmember Pieri to accept the work required as a condition of building permit approval for Building "C" at 3200 Winpark Drive, subject to guaranty provisions of the agreement, effective this date, and that bond of Lumbermans Mutual Casualty Co. No. 1ST -075-303 in the amount of $96,000.00 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. 2 JANUARY 1985 The City Council considered a resolution approving the classification of certain tax -delinquent property. 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. 85-1 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. #17-118-21-14-0006, and WHEREAS, each parcel of land described in said list has here- tofore 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, actino 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: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declare adopted. i Mayor ATTEST: City Clerk The City Council considered the use of cable at Council meetings. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the expenditure of funds to telecast Council meetings on cable on a six -months trial basis. Motion Carried. The City Council discussed the Charter Commission. Moved by Councilmember Pieri and seconded by Councilmember Smothers to direct the City Attorney to prepare language changes in the City Charter that would remove the prohibition of Councilmembers serving as Commissioners on other State boards, and also that the number of Councilmembers needed to enact emergency procedures of the City be reduced and that this be done through legislation. Motion Carried. 2 JANUARY 1985 0 The City Council discussed Medicine Lake Road improvements. Moved by Councilmember Herbes and seconded by Councilmember Smothers to authorize the expenditure of up to $1,000.00 for Crystal's share of the application for F.A.U. funds for development of Medicine Lake Road (County Road 70). Motion 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. Motion Carried. Mayor ATTEST: City Clerk 15 JANUARY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 15, 1905, at 7.00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. MI e er.r_e`ar�,r or the Council called the roll and the following were pres�:�rli- • .'mothers, IIerbes, Pieri, Aaker, Moravec, Rygg; the following_ were absent: Schaaf. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; Wil- liam Sherburne, 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. The minutes of the regular Council meeting of January 2, 1985 were approved. The City Council considered the Consent Agenda, as follows: To reappoint Marty Gates, representing the Park and Recreation Advisory Commission, to the Long -Range Planning Commission; and To reappoint Gary Joselyn, David B. Anderson, and Michael Cul- hane, as citizen members, to the Long -Range Planning Commission; all for the year 1985. 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, Playor Aaker declared this was the time and date as advertised for the public assessment hearing for Improvement No. 6486 (64-A), blacktop alley north of 48th Avenue between Xenia and Welcome Avenues. The Mayor asked those present to voice their opinions or ask questions concerning the assessment hearing. No one appeared. 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. 85-2 RESOLUTION CONFIRMING ASSESSMENTS FOR BLACKTOP ALLEY IMPROVE"RENT NO. 6486 (64-A) BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. That the City Clerk, with the assistance of the City Engineer, calculate the proper amount to be specially assessed for construction work included as: Blacktop Alley #6486 . . . . . 10 years more fully described in notice as published in Notice of Assessment Hearing in the North Hennepin Post on December 27, 1984, and said 15 JANUARY 1985 assessment roll having been heretofore ordered filed with the City Clerk, open to public inspection, together with tabulated statement in dupli- cate showing the proper description of each lot and every parcel, piece or tract of land to be specially assessed and the amount calculated 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 proposed assessment roll. Said assessment roll having at all times since its filing been open to inspection and copying by all persons interested 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 speci- fied 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, 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, piece 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 as set forth in Item No. 1 of this resolution. 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. 5. 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 Notice of Assessment Hearing published December 27, 1984 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 assessment shall be payable with interest at the rate of seven and one-half (7-1/2) per cent per annum on the entire assessment from the date of the Peso- lution levying said assessment to December 31, 1986 and each such sub- sequent installment shall be paid with one (1) year's interest at said rate on all unpaid installments. At such meeting all persons inter- ested in such assessment appeared before the Council. 6. 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 within thirty (30) days after the adoption of the assessment roll and filing such notice with the District Court 15 JANUARY 1985 within ten (10) days after service 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. 7. 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: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Mct�on carried, resolution declared adopted. ayor 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 to consider proposed plat Neznik lst Addition, located at 5108 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one ap- peared. Moved by Councilmember Herbes and seconded by Councilmember Smothers to grant tentative approval of Neznik 1st Addition, located at 5108 West Broadway. Motion Carried. Robert Baranick, 8001 - 34th Place North, appeared before the City Coun- cil regarding the parking ordinance. The City Council considered a petition for grading and base; storm sewer; sanitary sewer; watermain; curb and gutter; and blacktop on 45th Place from Florida to dead end east. Moved by Councilmember Pieri and seconded by Councilmember Moravec to request a feasibility report from the City Engineer for grading and base; storm sewer; sanitary sewer; watermain; curb and gutter; and blacktop on 45th Place from Florida Avenue to dead end east. Motion Carried. The City Council considered accepting surety in the amount of $20,000 and entering into agreement for development with Northside Property Management for property at 5231 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $20,000 as a guaranty of faithful performance of work requirements as a condition of issuance of a 213 15 JANUARY 1985 building permit for a concrete block building at 5231 West Broadway, by Northside Property Management. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Pieri to enter into agreement with Northside Property Management for work requirements as a condition of issuance of a building permit for a concrete block building at 5231 West Broadway, and further, to author- ize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the authorization to issue building permit #6247 for a 40'xl47' concrete block building at 5231 West Broadway, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered releasing surety in the amount of $29,000 which was provided as part of site development requirements at 5241 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Pieri to accept the work required as a condition of site development re- quirements for 5241 West Broadway, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $29,000, be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Council considered accepting a letter of credit in the amount of $310,000 from Crystal Green as part of site development require- ments. Moved by Councilmember Herbes and seconded by Councilmember Moravec to accept surety in the amount of $310,000 from Crystal Green as a guaranty of faithful performance of certain work requirements as part of site development. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to enter into agreement with Crystal Green for the purpose of guar- anteeing faithful performance for certain work requirements as part of site development, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a quit claim deed relinquishing certain rights for street purposes at Crystal Green in favor of Crystal Green, a general partnership. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 214 15 JANUARY 1985 RESOLUTION NO. 85-3 RESOLUTION RELATING TO CERTAIN RIGHTS, AUTHOR- IZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED ON BEHALF OF THE CITY OF CRYSTAL BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows; 1. Prior to or during the development of property in the City known as Crystal Green, the City was granted certain rights for street purposes over property legally described in the form of deed attached hereto as "Exhibit A", subject to utility and drainage easements as shown on the recorded plat Crystal Green. 2. It is determined that it is no longer necessary for the City to retain all of its interests in said rights and that such interests should be conveyed to abutting property owners. 3. The form of deed attached hereto as "Exhibit A" is approved. The Mayor and City Manager are au- thorized and directed to execute and deliver the deed on behalf of the City. By roll call and voting aye; Smothers, Herpes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. MotioVl carried, a-lution de- clared adopted. Mayor ATTEST: /t City Clerk The City Council considered accepting surety in the amount of $6,000 from Sarge's Auto Body for work requirements as 5111 Hanson Court. Moved by Councilmember Pieri and seconded by Councilmember Smothers to accept surety in the amount of $6,000 from Sarge's Auto Body, as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for remodeling at 5111 Hanson Court. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Moravec to enter into agreement with Sarge's Auto Body for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of issuance of a building permit for remodeling at 5111 Hanson Court, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. 15 JANUARY 1985 Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the authorization to issue building permit #6214 for remodel- ing a building without a canopy to Sarge's Auto Body, subject to stan- dard procedure, at 5111 Hanson Court, as recommended by the Planning Commission. Motion Carried. The City Council considered correspondence from the City of New Hope regarding a joint project to provide senior citizen transportation services to senior citizens in New Hope, Golden Valley, Brooklyn Cen- ter, Robbinsdale and Crystal, and authorizing funding of approximately $500 to $1,000.00. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a program on a trial basis whereby in a joint effort, the Cities of New Hope, Golden Valley, Brooklyn Center, Robbinsdale and Crystal would provide senior citizen transportation services, and further, to authorize the expenditure of up to $1,000.00 for said program. Motion Carried. Miles Johnson, City Finance Director, appeared before the City Council to present information regarding a cafeteria plan benefits program. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-4 RESOLUTION APPROVING A BENEFIT PLAN PROGRAM FOR NON-UNION CITY EMPLOYEES BE IT HEREBY RESOLVED by the City Council of the City of Crys- tal, Minnesota, as follows: 1. The City Manager has prepared and presented to the City Council a proposal for the adoption of a sup- plemental benefit plan for non-union City employees. The form of the plan and its operative documents are on file in the office of the City Clerk. 2. The City Council finds and determines that it is in the best interests of the sound administration of City Government that the plan be adopted and covered employees be offered the opportunity to participate in it. 3. The Mayor, City Manager, and other officers of the City are authorized and directed to execute and deliver all documents necessary for the prompt L J 15 JANUARY 1985 implementation of the plan to assure that it is in effect as of January 1, 1985. By roll call and voting aye: Smothers, F3erbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered the appointment of a Commissioner and an Alternate Commissioner to the Bassett Creek Flood Control Commission with terms ending January 31, 1988. Moved by Councilmember Smothers and seconded by Councilmember Pieri to appoint City Engineer William L. Sherburne as Commissioner, and Councilmember Betty Herbes as Alternate Commissioner to the Bassett Creek Flood Control Commission with terms ending January 31, 1988. Motion Carried. The City Council considered the appointment of a Commissioner and an Alternate Commissioner to the Shingle Creek Watershed Management Com- mission for terms expiring February 1, 1988. Moved by Councilmember Pieri and seconded by Councilmember Moravec to appoint City Engineer William L. Sherburne as Commissioner and Councilmember Betty Herbes as Alternate Commissioner to the Shingle Creek Watershed Management Commission for terms ending February 1, 1988. Motion Carried. The City Council considered the appointment of Barbara Bird to the Long -Range Planning Commission for the year 1985, as designated by the HRA. Moved by Councilmember Pieri and seconded by Councilmember Moravec to appoint Barbara Bird to the Long -Range Planning Commission for the year 1985, as designated by the HRA. Motion Carried. The City Council considered requesting a feasibility report to con- struct Florida Avenue from 55th to 56th Avenue, accepting the feasi- bility report and setting a public hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to request a feasibility report to construct Florida Avenue from 55th to 56th Avenue. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Pieri to accept the feasibility report on the construction of Florida Avenue from 55th to 56th Avenue North. Motion Carried. 15 JANUARY 1985 Moved by Councilmember Herbes and seconded by Councilmember Moravec to set 7:00 P.M., or as soon thereafter as the matter may be heard, February 5, 1985, as the time and date for a public hearing to con- sider construction of Florida Avenue from 55th to 56th Ave. N. Motion Carried. The City Council considered Change Order #1 for the North Crystal Fire Station. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve Change Order #1 for the North Crystal Fire Station, as prepared and recommended by the architect, Dan Gallagher Architects, dated January 8, 1985. Motion Carried. The City Council considered the MAMA recommendation for a comparable worth study and appropriating funds to accomplish Crystal's share of that study. 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. 85-5 RESOLUTION AUTHORIZING PARTICIPATION IN THE CONTROL DATA BUSINESS ADVISORS, INC. JOINT COMPARABLE WORTH STUDY. WHEREAS, Minnesota Statutes 471.991 enacted in 1984 requires all political subdivisions in the State to establish equitable com- pensation relationships among its employees, and WHEREAS, the Metropolitan Area Management Association, the Coali- tion of Outstate Cities, the Minnesota Municipal Utilities Associa- tion and other related public jurisdictions desire to meet the require- ments of the law through a joint job evaluation study, and WHEREAS, the Metropolitan Area Management Association in consul- tation with representatives of outstate cities and after meeting and conferring with respresentatives of organized labor screened and se- lected Control Data Business Advisors, Inc. as the consultant to per- form the study, and WHEREAS, the cost of the study is to be divided among the par- ticipating jurisdictions in the following manner: Each entity will pay a base charge of Three Thousand Dollars ($3,000.00) and a charge per employee of Thirty-five Dollars ($35.00) per person. NOW, THEREFORE, BE IT FESOLVFn by the City Council of the City of Crystal that it hereby approves participation of the City in the Joint Comparable Worth Study to be conducted by Control Data Business Advisors, Inc. 15 JANUARY 1985 BE IT FURTHER RESOLVED that the sum of Six Thousand Six Hundred Thirty Dollars ($6,630.00) based on the above specified formula be transmitted to the City of Golden Valley, Minnesota which City has offered to serve as the fiscal agent an(T contractor for the duration of the study. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Pygq, Aaker; absent, not voting: Schaaf. Motion carried,iesolution de- clared adopted. 7 1 4 ATTEST: / 2Mayor City Clerk The City Council considered a request for waiver of the license penalty provision of the late payment of license ordinance. No action was taken. The City Council considered a resolution supporting special legisla- tion regarding charter changes. Moved by Councilmember Moravec and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-6 RESOLUTION SUPPORTING SPECIAL LEGISLATION REGARDING CHARTER CHANGES BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City Council of the City of Crystal finds that certain provisions of the City Charter are obsolete and inhibit the sound administration of City Govern- ment. 2. The Council has further determined that the City Char- ter Commission is inactive and has not functioned for several years. 3. It is further determined that it is in the best in- terests of the City that such obsolete provisions be removed from the Charter. 4. This Council respectfully requests the Minnesota Legislature to enact special legislation substan- tially in the form attached hereto as "Exhibit A" to carry out the purposes of this resolution. 15 JANUARY 1985 5. The City Manager is authorized and directed to trans- mit a certified copy of this resolution to the members of the Legislature representing the City of Crystal. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motign.carried, resolution de- clared adopted. ! / Mayor ATTEST: City Clerk The City Council discussed the insurance premium for the liability insurance for the ski hill. Moved by Councilmember Smothers and seconded by Councilmember Moravec to direct staff to purchase liability insurance for the ski hill at a figure in the area of $1,500.00 for the year. Motion Carried. The City Council discussed the purchase of new tables for the Council Chambers. Moved by Councilmember Smothers and seconded by Councilmember Pieri to authorize the expenditure of $4,550.00 for new tables for the Council Chambers. Motion Carried. The City Council discussed a request from the VFW Post #494 for ap- proval of their application for a license to the Charitable Gambling Control Board. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the request from the VFW Post #494, 5222 - 56th Avenue North, to apply to the Charitable Gambling Control Board of the State of Minnesota for a license. Motion 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, with the addition of 4 amusement devices anc 1 cigarette machine at Godfather's Pizza; 7 amusement devices at Chalet Bowl, 6 at Crystal Lounge, 6 at Nicklow's and 5 at the Paddock Bar; 1 music box each at Beek's Pizza, Chalet Bowl, Nicklow's, the Paddock Bar; and 1 gasoline station with 9 hose connections at Rapid Oil Change --all for Advance Carter 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. 15 JANUARY 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ' Mayo r ATTEST: City Clerk 1 1 1 5 FEBRUARY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on February 5, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker, Moravec, Rygg. Also present were the follow- ing staff members: John 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. The minutes of the regular Council meeting of January 15, 1985 were approved. The City Council considered the following Consent Agenda: 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 4, 1985, as the time and date for the Board of Equalization meeting, as recommended by the County Assessor. 2. To approve the Knights of Columbus Council, St. Pa- phael's Church, and the Minneapolis Elk's Lodge No. 44 requests to apply for a charitable _gambling license from the State of Minnesota. 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 the Hous- ing Plan and Program for the construction of approximately 90 units of rental housing for the elderly and related facilities located at the southwest intersection of 55th Avenue and Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the Housing Plan. Those present and heard were: Sharon Garber, HRA Chair. The Mayor closed the Public Hearing. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-7 RESOLUTION RELATING, TO HOUSING IN THE CITY; APPROVING A HOUSING PLAN PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota (the City), as follows: 5 FEBRUARY 1985 1. The City and•the Housing and Redevelopment Authority of the City of Crystal (HRA) have duly established the Becker Park - Bass Lake Road Redevelopment Project (Project Area), and established a Tax Increment Financing District (TIF District) and Tax Increment Financing Plan (TIF Plan) in connection therewith. 2. The TIF Plan contemplates the construction of two multifamily rental housing projects in the Project Area and the issuance of bonds, notes or other obligations (Bonds) of the City pursuant to Minnesota Statutes, Chapter 462C (Act) to assist in the financing of these pro- jects. 3. Pursuant to Resolution No. 84-85 and 84-86 of December 18, 1984 therein has been prepared and presented to this Council a Hous- ing Plan now on file with the City Clerk conforming to the requirements of the Act setting forth the City's housing goals including programs for the development of affordable housing opportunities in the Project Area and throughout the City. The Housing Plan has been reviewed by the Council and a public hearing thereon held this day. 4. It is determined that it is in the best interests of the City to adopt the Housing Plan and the Housing Plan is approved and adopted. 5. The City Manager is authorized and directed to transmit the Housing Plan to the appropriate regional and state agencies for appro- val. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Mor- avec, Rygg, Aaker. Motion carried, res kation declaradopted. ATTEST: r City Clerk 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. 85-8 RESOLUTION RELATING TO THE ISSIJANCE OF REVENUE BONDS PURSU- ANT TO MINNESOTA STATUTES, CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTIFAMIL-1' HOUSING DEVELOPMENT; GIVING PRELIM- INARY APPROVAL TO THE DEVELOPMENT; ADOPTING A MULTIFAMILY HOUSING PROGRAM AND AUTHORIZING SUBMISSION OF THE HOUSING PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW AND APPROVAL BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota (the City), as follows: 5 FEBRUARY 1985 Section 1. Recitals. 1.01. Under Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries. 1.02. The Act provides that the City may plan, administer and make or purchase loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act upon adoption of a program setting forth the information re- quired by Subdivision 6 of Section 462C.05 of the Act, after a public hearing held thereon and after approval thereof by the Minnesota Hous- ing Finance Agency, as provided in Section 462C.01 of the Act on the basis of the considerations stated in Section 462C.01 of the Act. 1.03. Representatives of Becker Park Elderly Housing Associates, a Minnesota Limited Partnership, to be formed (the Developer) have advised this Council of the Developer's desire to acquire certain land located in the City and to construct and equip a multifamily rental housing development for the elderly consisting of approximately ninety (90) units, of which twenty percent (200) of the units will be spec- ifically reserved for tenants whose incomes are not greater than eighty percent (80°) of the area median income (the Project) and for the el- derly. Development and financing costs of the Project are presently estimated by representatives of the Developer to be approximately $6,500,000. 1.04. Representatives of the Developer have requested that the City issue revenue bonds or obligations (the Bonds) pursuant to the Act in such aggregate principal amount as may be necessary to finance all or a portion of the costs of the Project and make the proceeds of the Bonds available to the Developer for the acquisition, construction, and equipping of the Project, subject to agreement by the Developer, or other persons or institutions, to promptly pay the principal of, premium, if any, and interest on the Bonds. 1.05. The City has been advised by representatives of the De- veloper that conventional commercial financing of the costs of the Project is available only on a limited basis and at such high costs of borrowing that the nature and extent of the Project and the economic feasibility of operating the Project would be significantly affected, but with the aid of municipal financing the Project can be constructed as designed and its operation made more economically feasible. 1.06. The Developer has agreed to pay all fees and expenses in connection with the Project. 1.07. Neither the full faith and credit nor the taxing powers of the City will be pledged to the payment of the Bonds. Section 2. Approval and Authorization. 5 FEBRUARY 1985 2.01. It is hereby found and determined that it would be in the best interest of the City to issue the Bonds under the provisions of the Act to finance the costs of the Project; the aggregate principal amount of the Bonds is not to exceed $6,500,000. 2.02. The City hereby authorizes the issuance of the Bonds to finance the Project and to take all actions necessary or desirable in connection therewith. 2.03. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose is hereby approved. The Bonds shall not be issued until the housing program described be- low has been reviewed and approved as required by the Act and until the City, the Developer and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be payable solely from property pledged to the payment thereof and shall not constitute a debt of the City. The City Attorney and other officers and employees of the City are authorized in cooper- ation with bond counsel to initiate preparation of such documents as may be appropriate to the financing of the Project, setting forth the detailed terms of the Bonds, the security therefor and the provisions for payment of the principal of, premium, if any, and interest on the Bonds in compliance with applicable state and federal statutes and regulations. 2.04. The City has caused to be prepared a program for the pro- posed development (the Program) which has been presented to this Coun- cil, and which contains information demonstrating the need for the Pro- ject, stating the method of financing proposed and that the develop- ment is to be acquired, constructed and equipped pursuant to Subdivision 2, Section 462C.05 of the Act. On February 5, 1985, after notice duly published, a public hearing was held on the Program. The Program is hereby adopted by the City pursuant to Section 462C.05, Subdivision 5 of the Act. The Mayor and other officers and employees of the City are hereby authorized to prepare and execute the required certifications and submit the Program to the Minnesota Housing Finance Agency for re- view and approval in accordance with Section 462.05, Subdivision 5 and Section 462C.04, Subdivision 2 of the Act. 2.05. Under Section 462C.07, SubOivision 1 of the Act, the City may exercise, within its corporate limits, in the making of the loan to finance the acquisition, construction, and equipment of the Project and in the issuance of the Bonds, any of the powers the Minnesota Hous- ing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chap- ter 475. 2.06. The Developer has agreed to pay any and all costs in- curred by the City in connection with the Project and its financing whether or not the Program is approved by the Minnesota Housing Finance Agency, whether or not the Project is completed, and whether or not the Bonds are issued. 5 FEBRUARY 1985 2.07. Resolution No. 84-85 of December 18, 1984 is reaffirmed in all respects. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Mora- vec, Rygg, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for the public hearing at which time the City Council would consider the Hous- ing Plan and Program for the construction of 160 units of family hous- ing located at 5500 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: Steve Wilson, representing Brutger Company. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-9 RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSU- ANT TO MINNESOTA STATUTES, CHAPTER 462C, FOR THE PURPOSE OF FINANCING A MULTI -FAMILY HOUSING DEVELOPMENT; GIVING A PRE- LIMINARY APPROVAL TO THE DEVELOPMENT; ADOPTING A MULTI -FAMILY HOUSING PROGRAM AND AUTHORIZING SUBMISSION OF THE HOUSING PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW AND APPROVAL BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota (the City), as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries. 1.02. The Act provides that the City may plan, administer and make or purchase loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act upon adoption of a program setting forth the information required by Subdivision 6 of Section 4620.05 of the Act, after a public hearing held thereon and after approval thereof by the Minnesota Housing Fi- nance Agency, as provided in Section 462C.01 of the Act on the basis of the considerations stated in Section 462C.01 of the Act. 5 FEBRUARY 1985 1.03. Representatives of CHP Limited Partnership, a Minnesota Limited Partnership (the Developer) have advised this Council of the Developer's desire to acquire certain land located in the City and to construct and equip a multifamily rental housing development consist- ing of approximately one hundred sixty (160) units, of which twenty percent (200) of the units will be specifically reserved for tenants whose incomes are not greater than eighty percent (800) of the area median income (the Project). Development and financing costs of the Project are presently estimated by representatives of the Developer to be approximately $6,500,000. 1.04. Representatives of the Developer have requested that the City issue revenue bonds or obligations (the Bonds) pursuant to the Act in such aggregate principal amount as may be necessary to finance all or a portion of the costs of the Project and make the proceeds of the Bonds available to the Developer for the acquisition, construction, and equipping of the Project, subject to agreement by the Developer, or other persons or institutions, to promptly pay the principal of, premium, if any, and interest on the Bonds. 1.05. The City has been advised by representatives of the De- veloper that conventional commercial financing of the costs of the Project is available only on a limited basis and at such high costs of borrowing that the nature and extent of the Project and the economic feasibility of operating the Project would be significantly affected, but with the aid of municipal funancing the Project can be constructed as designed and its operation made more economically feasible. 1.06. The Developer has agreed to pay all fees and expenses in connection with the Project. 1.07. Neither the full faith and credit nor the taxing powers of the City will be pledged to the payment of the Bonds. Section 2. Approval and Authorization. 2.01. It is hereby found and determined that it would be in the best interest of the City to issue the Bonds under the provisions of the Act to finance the costs of the Project; the aggregate principal amount of the Bonds is not to exceed $6,500,000. 2.02. The City hereby authorizes the issuance of the Bonds to finance the Project and to take all actions necessary or desirable in connection therewith. 2.03. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose is hereby approved. The Bonds shall not be issued until the housing program described below has been reviewed and approved as required by the Act and until the City, the Developer and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be payable solely from the property pledged to the 5 FEBRUARY 1985 payment thereof and shall not constitute a debt of the City. The City Attorney and other officers and employees of the City are authorized in cooperation with bond counsel to initiate preparation of such docu- ments as may be appropriate to the financing of the Project, setting forth the detailed terms of the Bonds, the security therefor and the provisions for payment of the principal of, premium, if any, and in- terest on the Bonds in compliance with applicable state and federal statutes and regulations. 2.04. The City has caused to be prepared a program for the pro- posed development (the Program) which has been presented to this Coun- cil, and which contains information demonstrating the need for the Project, stating the method of financing proposed and that the develop- ment is to be acquired, constructed and equipped pursuant to Subdivi- sion 2, Section 462C.05 of the Act. On February 5, 1985, after notice duly published, a public hearing was held on the Program. The Program is hereby adopted by the City pursuant to Section 462C.05, Subdivision 5 of the Act. The Mayor and other officers and employees of the City are hereby authorized to prepare and execute the required certifications and submit the Program to the Minnesota Housing Finance Agency for re- view and approval in accordance with Section 462.05, Subdivision 5 and Section 462C.04, Subdivision 2 of the Act. 2.05. Under Section 462C.07, Subdivision 1 of the Act, the City may exercise, within its corporate limits, in the making of the loan to finance the acquisition, construction, and equipment of the Project and in the issuance of the Bonds, any of the powers the Minnesota Hous- ing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. 2.06. The Developer has agreed to pay any and all costs incurred by the City in connection with the Project and its financing whether or not the Program is approved by the Minnesota Housing Finance Agency, whether or not the Project is completed, and whether or not the Bonds are issued. 2.07. Resolution No. 84-86 of December 18, 1984 is reaffirmed in all respects. By roll call and voting ave: Schaaf, Smothers, Herbes, Pieri, Mora- vec, Rygg, Aaker. Motion carried, resol tion dec�arel adopted. Mayor 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 5 FEBRUARY 1985 public hearing at which time the City Council would consider Street Improvement No. 65A, Florida Avenue from 55th Avenue to 56th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning Street Improvement No. 65-A. Don Ringrose of BRW appeared and was heard. 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. 85-10 RESOLUTION ORDERING IN THE CONSTRUCTION OF STREET IMPROVE- MENT NO. 65-A, FLORIDA AVENUE FROM 55TH AVENUE TO 56TH AVENUE WHEREAS, it has been proposed to proceed with Street Improvement No. 65-A, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interests 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, pub- lished in The North Hennepin Post January 24, 1985, and January 31, 1985, which hearing was held on February 5, 1985, which Notice of Pub- lic Hearing is incorporated into and made a part of this resolution as if set forth in full herein, including the respective cost estimates thereof, and BE IT FURTHER RESOLVED that all properties located upon each of the abutting streets as listed in aforesaid Notice for Improvement No. 65-A, shall be hereinafter designated Street Improvement No. 65-A, and 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 Street Improvement No. 65-A, as set forth in this Resolution, and BE ITFURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Street Improvement No. 65-A. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Mora- vec, Rygg, Aaker. Motion carried, resolution decl ed adopted. ATTEST: � la17err k City --Clerk 229 5 FEBRUARY 1985 The City Council considered the layout for Becker Park redesign as a part of the redevelopment project. Mr. Harold Sjelvestad, of. BRW, spoke. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to continue the discussion of the layout for the Becker Park redesign project. By roll call and voting aye: Schaaf, Moravec; voting no: Smothers, Herbes, Pieri, Rygg, Aaker. Motion Failed. Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve the prelmiminary design for the Becker Park redesign, as part of the redevelopment project. By roll call and voting aye: Rygg, Pieri, Herbes, Smothers, Aaker; voting no: Moravec, Schaaf. Motion Carried. The City Council considered the Mayor's reappointment of Sharon Garber to the Crystal HRA for a term ending February 1, 1990. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the Mayor's reappointment of Sharon Garber to the Crystal HRA for a term ending February 1, 1990. Motion Carried. The City Council considered plans for the reconstruction of Douglas Drive from 27th to 42nd Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-11 RESOLUTION RELATING TO COUNTY STATE AID HIGHWAY NO. 102 WHEREAS, plans for Hennepin County Project No. 6820, SAP 27-702-08 showing proposed alignment, profiles, grades, and cross sections for the improvement of County State Aid Highway No. 102 within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED that said plans be in all things approved and that the City agrees to provide the enforcement for the prohibition of on -street parking from 7:00 A.M. to 9:00 A.M. and from 4:00 P.M. to 6:00 P.M. on weekdays on that portion of said Project No. 6820 within its corporate limits. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution ,deelared ado -ted. Mayor ATTEST: City Clerk 230 5 FEBRUARY 1985 The City Council considered the First Reading of an ordinance rezoning property located at 571.4 West Broadway from R-1 to B-2, as requested by Allen Moulton. Gary Boyle, 6812 Cloverdale Ave. N., was present -and heard. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to deny, as recommended by and based on the findings of fact of the Planning Commission, Application #84-56A, as submitted by Allen L. Moulton, to rezone from R-1 District to B-2 District Lots 14 and 15, Cloverdale Acres, located at 5714 West Broadway. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 5419 Lakeland Ave. N., from B-3 to B-4, as requested by Frank's Furniture. Marge Buss, of Frank's Furniture, appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85- .2 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that the second and final reading be held on February 19, 1985. Motion Carried. The City Council considered bids for street name signs. Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue until the next regular Council meeting the discussion of the bids for street name signs. Motion Carried. The City Council considered a request for a private kennel license from Jean Cleugh, 6534 - 36th Ave. N. The following persons were present and heard: Mr. and Mrs. Cleugh; Harold and Mrs. Berg, 6602 - 36th Ave. N.; and Steve Thorp, 6603 Markwood Drive. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve the request for a private kennel license for Jean Cleugh, 6534 36th Ave. N., subject to a review in 120 days. By roll call and voting aye: Moravec, Pieri, Herbes, Schaaf, Aaker; voting no: Rygg, Smothers. Motion Carried. Mayor Aaker called a recess at 9 P.M. and reconvened the meeting at 9:15 P.M. The City Council considered bids for a public safety radio system. Ward Montgomery was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 231 5 FEBRUARY 1985 RESOLUTION NO. 85-12 RESOLUTION AWARDING CONTRACT FOR RADIO COMMUNICATIONS EQUIPMENT BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. The City duly advertised for the submission of bids for Radio Communications Equipment (Project) by a request for bids, dated Octo- ber 12, 1984, and opened on November 30, 1984. 2. At the time and place specified for receiving bids for the Project,only one bid was received, that of Motorola Company. 3. Upon review and analysis of the bid of Motorola by the City's consulting engineer, W. M. Montgomery and Associates (Consultant) and City staff, it became apparent 1) that the bid received was far in excess of projected costs, 2) that the cost of various component parts of the Project could be acquired from various vendors at prices sub- stantially less than those listed in the bid, and 3) that based on the fact that only a single bid was received and the unique nature of the Project, the Project is of such a nature that it is of the type specified in Minnesota Statutes, Section 471.36 as being non-competitive in nature. 4. The Consultant has further reported to this Council that by contracting with Motorola for a portion of the Project and negotiating the purchase of certain component parts of the Project for the various items listed in the bid substantial savings to the City can be achieved, and those savings are detailed in the Consultant's report now on file with the Clerk. 5. It is found and determined: a) that the Project is non-competitive in nature within the meaning of Minnesota Statutes, Sec- tion 471.36; b) that rebidding the Project would result in unnec- essary expense to the City and would likely result in either no bids being submitted or the submission of a bid similar to the first received; and c) that adopting the recommendation of the Consul- tant is in the best financial interests of the City and its citizens. 6. The Consultant's recommendation is accepted. The Mayor and City Manager are authorized and directed to enter into such contracts 232 5 FEBRUARY 1985 on behalf of the City and to take such other actions as are necessary to carry out the recommendation of the Consultant and to achieve the prompt, efficient and economical construction of the Project. 7. That an additional amount is appropriated to do the building remodeling to accommodate the communications equipment. By roll call and voting aye: Rygg, Aaker. Motion carried, ATTEST: City Clerk Schaaf, Smothers, Herbes, Pieri, Moravec, resolution declared adopted. U Mayor The City Council considered a request from the Environmental Commission to hold a tree sale, tentatively scheduled for April 27, 1985, and to authorize a subsidy for 3 of the 4 varieties of trees for sale to Crystal residents. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the Crystal Environmental Commission tree sale and a sub- sidy for three of the four varieties of trees. Motion Carried. The City Council considered the reappointment of Bill Garber to the Long -Range Planning Commission, as a representative of the Environmental Commission. Moved by Councilmember Pieri and seconded by Councilmember Moravec to approve the reappointment of Bill Garber to the Long -Range Planning Commission as the Environmental Commission representative for the year 1985. Motion Carried. The City Council considered an agreement, the securities therein spec- ified, and the assignment thereof, relative to the official depository of North Star Bank Minnesota for the City for 1985. Moved by Councilmember Moravec and seconded by Councilmember Pieri to approve the agreement, the securities therein specified, and the assign- ment thereof, relative to the official depository of North Star Bank Minnesota for the City for 1985. Motion Carried. The City Council considered accepting a feasibility report for the im- rovement of 45th Place from Florida to approximately 350' east. p Moved by Councilmember Pieri and seconded by Councilmember Schaaf to accept the feasibility report from the City Engineer for improvement of 45th Place from Florida to approximately 350' east. Motion Carried. 5 FEBRUARY 1985 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, March 5, 1985, as the time and date for a public hearing to consider the construction of 45th Place from Florida Avenue to approximately 350' east with Grading, Drainage, Base and Blacktop Improvement No. 65-B, Curb and Gutter Improvement No. 65-B, Sanitary Sewer Improvement No. 65-B and Water Lateral Improvement No. 65-B. Motion Carried. The City Council considered the resignation of Verne Baker from the Environmental Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the resignation of Verne Baker from the Environmental Com- mission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council discussed the Iron Horse. Linda Fisher, attorney representing the Iron Horse, and Jay Samuelson of the Iron Horse, spoke and were heard. The City Council requested a staff recommendation regarding the Crystal Frolics for the next meeting. The City Council discussed the County ditch at Highway 100 and 3Fth Avenue North. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to set 7:00 P.M., or as soon thereafter as the matter may be heard, March 5, 1985, as the time and date for considering a drainage project relating to the ditch at Highway 100 and 36th Avenue North. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the addition of a food establishment license for Myslicki Enterprises dba J's Pizza, 2732 Douglas Drive, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 233 234 19 FEBRUARY 1985 Pursuant to due call and notice thereof, the recrillar meeting of the Crystal City Council was held on February 19, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker, Moravec, Ryag. Also present were the following staff members: John Irving, City Flanager; 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. The City Council considered the following Consent Agenda: 1. To set 7:00 P.M., or as soon thereafter as the matter could be heard, March 5, 1_985, as the time and date for the public hearing at which time the City Council would consider the vacation of certain easements in the Rollinq Green Addition. 2. To set 7:00 P.M., or as soon thereafter as the matter could be heard, March 5, 1985, as the time and date for a public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a variance request from Duane D. Johnson, of Welcome Furniture, for a variance in the required number of off-street parking spaces at 4835 West Broad- way (required 62 spaces; requested 40 spaces). Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. The City Council considered the application of Mary Kay McSsner for appointment to the Environmental Commission. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the application of Mary Kay Messner for appointment to the Environmental Commission, for an unexpired term ending December 31, 1986. Motion Carried. The City Council considered the application of John Malnati, 4927 - 53rd Avenue North, for appointment to the Planning Commission for a term ending December 31, 1987. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to appoint John Malnati, 4927 - 53rd Ave. N., to the Planninq Commission for a term ending December 31, 1987. Motion Carried. The City Council considered the application of Burton Genis for ap- pointment to the Park & Recreation Advisory Commission. 19 FEBRUARY 1985 Moved by Councilmember Pieri and seconded by Councilmember Moravec to appoint Burton Genis to the Park & Recreation Advisory Commission for a term which ends December 31, 1987. Motion Carried. The City Council considered the application of Arlene Hanly for the Human Relations Commission. Moved by Councilmember Herbes and seconded by Councilmember Pieri to appoint Arlene Hanly to the Human Relations Commission for an unexpired term ending December 31, 1986. Motion Carried. The City Council considered the application of Pam Hanly for the En- vironmental Commission. Moved by Councilmember Rygg and seconded by Councilmember Smothers to appoint Pam Hanly to the Environmental Commission for an unexpired term ending December 31, 1986. Motion Carried. The City Council considered the application of Elmer Carlson for ap- pointment to the Park & Recreation Advisory Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint Elmer Carlson to the Park & Recreation Advisory Commission for an unexpired term ending December 31, 1986. Motion Carried. The City Council discussed a tax increment agreement for the Bass Lake Road/Becker Park Redevelopment area between the City of Crystal Hous- ing and Redevelopment Authority and the City Council. Mr. Robert Pulscher of Springsted, Inc., appeared before the City Coun- cil to discuss authorization to sell bonds for the Bass Lake Road/Becker Park Redevelopment area. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-13 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,865,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A; AND GENERAL OBLIGATION TEMPORARY IM- PROVEMENT BONDS OF 1985 (SPECIAL SERIES). BE IT RESOLVED by the City Council of the City of Crystal, Hen- nepin County, Minnesota (City) as follows: Section 1. Findings: Determinations. 1.01. The Housing and Redevelopment Authority of the City of Crystal (HRA) has duly established a redevelopment project area (Pro- ject Area) pursuant to Minnesota Statutes, Section 462.411 et. seq. (Housing Act) and the Project Area has been approved by the City. The HRA has also duly established a redevelopment tax increment fi- nancing district (TIF District) within the Project Area pursuant to 19 FEBRUARY 1985 Minnesota Statutes, Section 273.71 et sec. (TIF Act) and the City has approved the TIF District and the tax increment financing plan (TIF Plan) therefor. The Project Area is designated the "Bass Lake Road - Becker Park Redevelopment Project." 1.02. The HRA has by resolution of November 8, 1984 formally requested the City to issue its general obligation tax increment bonds or other obligations (Bonds) to finance all or a portion of the public redevelopment costs (Costs) of the TIF District as identified in the TIF Plan. The HRA has approved the form of a tax increment agreement (TIF Agreement) the form of which has been reviewed by this Council and is now on file with the City Clerk. 1.03. The City is authorized by the TIF Act to issue and sell its Bonds to finance the Costs which Bonds are payable from tax in- crements from the TIF District received by the HRA and pledged by the Agreement to the City to pay the principal of and interest on the Bonds. The City is further authorized by the TIF Act to pledge the Tax Increments and special assessments for public improvements in the Project Area to the payment of the Bonds. 1.04. It is found and determined that it is necessary and desir- able for the sound financial management of the City and the HRA and the Project Area that the City issue and sell its Bonds to finance Costs in the Project Area. Section 2. Costs: Authorization of Bonds. 2.01. The Costs to be financed are as follows: Total Project Expenditures Land Acquisition $ 5,775,263 Relocation Assistance 683,980 Building Demolition 150,000 Public Improvements 2,901,580 Engineering, Legal, Administrative 528,339 Subtotal Total Project Expenditures Total Revenues (Less Assessments of ($308,976) Non -Funded Expenditures Less: Reinvestment Earnings (Construction Account) Net Project Requirements Plus: Capitalized Interest (Net of Investment) Allowance for Discount Allowance for Issuance Costs Gross Bond Issue Required Recommended Issue Size 510,039,162 $10,039,162 (5,193,190) $ 4,845,972 (160,000) $ 885,972 815,000 114,000 50,000 $5,864,972 $5,865,000 1 1 19 FEBRUARY 1985 It is necessary and expedient to the sound financial management or the affairs of the City to issue $5,865,000 General Obligation Tax Incre- ment Bonds, Series 1985A (Bonds) to provide financing for the Costs. 2.02. In order to provide financing for the Costs, the City shall therefore issue and sell Bonds in the amount of $5,751,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $114,000. Any excess of the purchase price of the Bonds over the sum of $5,751,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Terms of Offering: OFFICIAL TERMS OF OFFERING $5,865,000 CITY OF CRYSTAL, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A Sealed bids for the Bonds will be opened by the City Manager, or his designee, on Tuesday, March 19, 1985, at 12:00 Noon, Central Time, at the Crystal City Hall. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. The City may elect on February 1, 1995, and on any interes pay thereafter, to prepay Bonds due on or after February 1, 1996. Redemp- tion 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 DETAILS OF THE BONDS The Bonds will be dated April 1, 1985 and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1986. 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, as requested by the Purchaser within 48 hours from the time of sale, and fully regis- tered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed the last business day prior to the interest payment date 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 preceding the interest payment. The Bonds will mature February 1 in the amounts and years as follows: $ 90,000 1989 $200,000 1996 $350,000 2001 $100,000 1990-1991 $225,000 1997 $375,000 2002 $125,000 1992 $250,000 1998 $475,000 2003 $150,000 1993-1994 $275,000 1999 $500,000 2004-2008 $175,000 1995 $325,000 2000 t ment -P dai The City may elect on February 1, 1995, and on any interes pay thereafter, to prepay Bonds due on or after February 1, 1996. Redemp- tion 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 A 19 FEBRUARY 1985 having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All pre- payments 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 Re- development District. The proceeds will be used to pay the public redevelopment costs of the project. 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 $50,000, 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 withdrawn 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 1%. No rate for any maturity shall be more than to lower than any prior rate. No rate nor the net effective rate for the entire issue of the Bonds shall exceed the maximum rate permitted by law. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar in- terest 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 dollar interest on the Bonds from their date of their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. 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. F_� 1 1 L 19 FEBRUARY 1985 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 statement 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 to the City's Financial Advisor chaser will be provided with 15 Dated February 19, 1985 /s/ John T. Irving City Manager of the Official Statement by request prior to the bid opening. The Pur - copies of the Official Statement. BY ORDER OF THE CITY COUNCIL 2.03. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms 19 FEBRUARY 1985 of Offering and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner_ renu_i_red by law. The City Council shall meet on Tuesday, rlarc'h 10, 1995, at 7:00 o'clock P.M. for the purpose of considering bids on the Bonds and taking any other appropriate action. 2.04. In order to comply with the provisions of Minnesota Sta- tutes, Section 475.54, Subdivision 1, the maturity schedule of the Bonds is combined with the maturity schedule of the City's Improvement Bonds of 1967, dated August 1, 1967, Improvement Bonds of 1970, dated Febru- ary 1, 1970, Improvement Bonds of 1972, dated August 1, 1972, and the City's General Obligation Temporary Improvement Bonds of 1985 (Special Series), to be dated April 1, 1985, authorized this date, all pursuant to Minnesota Statutes, Section 475.54, Subdivision 2. Section 3. TIF Agreement. 3.01. The form of the TIF Agreement is approved. The Mayor and City Manager are authorized and directed to execute and deliver the TIF Agreement on behalf of the City. The City Clerk is authorized and directed to file a certified copy of the TIF Agreement with the Director of Property Taxation of Hennepin County as provided by the TIF Act. Section 4. Temporary Improvement Bonds. 4.01. The City has duly ordered Improvement Project 59A (Pro- ject) pursuant to Minnesota Statutes, Chapter 429. It is determined that it is necessary and expedient for the financing of the Project that the City issue and sell its General Obligation Temporary Improve- ment Bonds of 1985 (Special Series) in the total principal amount of $38,000. The Temporary Bonds shall be dated April 1, 1985, shall ma- ture on February 1, 1988, bear interest at the rate of 7-1/2o per annum, and shall be purchased by the Permanent Improvement Revolving Fund (PIR Fund) of the City. The form and specifications of the Temporary Bonds shall be fixed by subsequent resolution of this Council. By roll call and voting aye: Aaker, Herbes, Pieri,,Pg, Schaaf, Smothers, Moravec. Motion carried, resolution de,Olared adoP/le . Mayor ATTEST: t City Clerk Phil Carruthers, Area Representative on the Metropolitan Council, ap- peared before the City Council to discuss Metropolitan Council ac- tivities. 19 FEBRUARY 1985 The City Council considered a request from Signcrafters for a variance to the sign ordinance to expand a non -conforming sign at Arby's, 5629 West Broadway. Jack Lawrence, of Signcrafters, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve, pursuant to Section 406.31, Subd. 2, a variance in the sign ordinance to expand a non -conforming sign at Arby's, 5629 West Broadway, as stated in Variance Application #S85-1. Motion Carried. The City Council considered a request from Signcrafters for a variance to the sign ordinance to alter a non -conforming sign at McDonald's, 5400 West Broadway. Jack Lawrence, Signcrafters, was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve, pursuant to Section 406.31, Subd. 1, a variance to the sign ordinance to alter a non -conforming sign at McDonald's, 5400 West Broadway, as requested in Variance Application #S85-2. Motion Carried. The City Council considered a conditional use permit for outside park- ing of vehicles and open and outdoor storage at 5612 Corvallis Ave. N., Application #84-60T. Tim Hagen, of Tim's Tree Service, was present and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve, as recommended by and based on the findings of fact of the Planning Commission, Application #84-60T, as submitted by Tim's Tree Service, for a conditional use permit for outside parking of vehicles and open and outdoor storage at 5612 Corvallis Ave. N., P.I.D. 09-118-21-24-0003. Motion Carried. The law firm of Rosenthal & Rondoni, Ltd. appeared before the City Council to report on their activities regarding the City. Mr. Harold Sjelvestad, of BRW, Inc., appeared before the City Council to discuss the streetscape proposals for the Bass Lake Road/Becker Park Redevelopment Project. The Mayor declared a recess at 8:15 P.M. so the Council could view the streetscape proposals, and called the meeting to order again at 8:25 P.M. Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve the curvalinear design of the streetscape proposal submitted by BRW, Inc., for the Bass Lake Road/Becker Park Redevelopment Pro- ject. Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property at 5419 Lakeland Ave. N., from B-3 to B-4. Marge Buss was present and heard. 19 FEBRUARY 1985 Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85-2 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASS- IFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. The City Council considered bids for tree trimming for 1985 for the City of Crystal. Mr. Duretski, owner, Midwest Stump Removal; and Tim Hagen, Tim's Tree Service; appeared and were heard. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to award the bid to the lowest bidder. Councilmember Schaaf withdrew his motion to which Councilmember Moravec agreed. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to continue the discussion of awarding the bid for tree trimming for the City of Crystal for the year 1985, until the next regular meeting. Motion Carried. The Mayor called a recess at 9:14 P.M. and reconvened the meeting at 9:25 P. M. The City Council considered the Planning Commission's recommendation for appointment of Steven Leppa, Paulette Magnuson and Francis Feyer- eisen to the Long -Range Planning Commission for the year 1985. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the appointment of Steven Leppa, Paulette Magnuson and Francis Feyereisen to the Long -Range Planning Commission for the year 1985, as representatives of the Planning Commission. Motion Carried. The City Council considered reduction in surety from $90,000 to $20,000 for Rolling Green of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Moravec to reduce surety from $90,000 to $20,000 for Rolling Green of Crystal because a portion of the work required to be performed as a condition of approval of the aforementioned plat has been completed, as recom- mended by the City Engineer. Motion Carried. The City Council considered surety release in the amount of $2,500 for Boyd Cabinets, 5153 Idaho Ave. N. Moved by Councilmember Rygg and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Boyd Cabinets, 5153 Idaho Avenue North, subject to guaranty pro- visions of the agreement, effective this date, and that surety in the 19 FEBRUARY 1985 amount of $2,500 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Council considered requesting a feasibility report for a drain- age project to eliminate the drainage ditch on the east frontage road of Highway 100 from 35th Avenue to 36th Avenue North. Moved by Councilmember Rygg and seconded by Councilmember Moravec to request a feasibility report for a drainage project to eliminate the drainage ditch on the east frontage road of Highway 100 from 35th Avenue North to 36th Avenue North. Motion Carried. The City Council considered accepting a feasibility report for a drain- age project to eliminate the drainage ditch on the east frontage road of Highway 100 from 35th Avenue to 36th Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the feasibility report, as submitted by the City Engineer, for a drainage project to eliminate the drainage ditch on the east frontage road of Highway 100 from 35th Avenue to 36th Avenue North. Motion Carried. The City Council discussed the Crystal Frolics. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve a parade and carnival at the Crystal Frolics this summer if permission is granted to use the property at 47th and Zane Avenues North, and to approve the suggestions of Ed Brandeen as stated in his memo of January 10, 1985. Motion Carried. The City Council considered authorizing the purchase of a sound system for the Council Chambers. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to request staff to get more cost figures for different types of sound systems with regard to number of microphones and speakers. Motion Carried. The City Council considered a report from the City Engineer regarding street name signs. Moved by Councilmember Smothers and seconded by Councilmember Pieri to approve the recommendation of the City Engineer relating to street name signs, as outlined in his memo to the City Council on February 15, 1985. By roll call and voting aye: Smothers, Herbes, Pieri, Aaker; voting no: Schaaf, Rygg, Moravec. Motion Carried. The City Council considered a resolution calling a public hearing re- lating to Commercial Development Revenue Bonds of 1985 (Crystal Lino- leum & Carpet Project). 19 FEBRUARY 1985 Moved by Councilmember Pieri and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-14 RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT WHEREAS, Crystal Linoleum & Carpet, a Minnesota corporation (Com- pany) has proposed that the City undertake and finance a project under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (Act) , and WHEREAS, the Act and federal regulations require that a public hearing on the proposed project be conducted by the Council before any action may be taken by it relative to the proposed project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal: 1. The Council shall meet at 7:00 P.M., on Tuesday, March 19, 1985, to conduct a public hearing on the proposed project requested by the Company and to take whatever action in relation thereto as it deems appropriate. 2. The City Clerk is authorized and directed to publish notice of the hearing in the form attached hereto as Exhibit A once in the official newspaper and once in the Minneapolis Star -Tribune, a newspaper of general circulation in the City, no less than 15 days prior to March 19, 1985. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Mora- vec, Rygg, Aaker. Motion carried, resol tion decla ed adopted. Mayor ATTEST: Z , City Clerk The City Council discussed possible Charter changes. The City Council considered awarding a bid for the purchase of street name sign plates and brackets. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 19 FEBRUARY 1985 RESOLUTION NO. 85-15 RESOLUTION AWARDING BID WHEREAS, the City of Crystal did advertise for bids for street name sign plates and brackets, and WHEREAS, such bids were received and publicly opened on Janu- ary 30, 1985, and tabulated as follows: Earl F. Andersen & Associates $17,514.90 Gopher Sign Co. $14,196.00 AND WHEREAS, Earl F. Andersen & Associates is the apparent low bidder who meets specifications, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for street name sign plates and brackets to Earl F. Ander- sen & Associates in the amount of $17,514.90, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Rygg, Pieri, Herbes, Aakery.voting no: Moravec, Smothers, Schaaf. Motion carried, f resolution eared adopted. 17 Mayor ATTEST: City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Smothers to direct the City Manager to send a letter of condolence to Officer John Scanlon's wife expressing the Council's sympathy in the loss of her husband who was killed in the line of duty. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a 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 Moravec to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 1 5 MARCH 1985 Pursuant to due call and notice thereof_, the recTular_ meeting of the Crystal City Council was held on March 5, 1{?`r., at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Herpes, Pieri, Aaker, Moravec, Rygg; the following were absent: Smothers. nlso present were the following staff members: John Irving, City Manar,er; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; and Delores Thmann, 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 February 5, 1985 and 7eb- ruary 19, 1985 were approved. The City Council considered the Consent Agenda items, as follows: I. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 19, 1985, 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 var- iance to enlarge a non -conforming building (garage en- croaches 10' in the required 30' setback) by adding a 20'x20' addition at 4925 - 52nd Ave. N., as requested by Paul Ewoldt. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 19, 1985, as the time and date for a public hearing at which time the City Council will con- sider the Community Development Grant Application for Year YI. 3. To approve a request from the Ladies Auxiliary of the VFW Post 494 to apply for a charitable gambling license from the State of Minnesota. 4. To reset to 7:00 P.M., or as soon thereafter as the matter may be heard, March 19, 1985, as the time and date for a public hearing at which time the City Council will con- sider the vacation of certain easements in Rolling Green Addition. Moved by Councilmember Herbes and seconded by Councilmember Schaaf 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 Duane D. Johnson, of Welcome Furniture, for a variance in the required number of off-street parking spaces (62 spaces required; 40 spaces requested) at 4835 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. 2 5 MARCH 1985 Moved by Councilmember Schaaf and seconded by Councilmember Pieri 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, to vary or modify the strict application of Section 515.09, Subd. 8 u), to grant a variance of 22 parking spaces in the required 62 park- ing spaces at 4835 West Broadway, West Lilac Terrace Fourth Unit, as requested in Application #85-5 of Welcome Furniture & Appliance. 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 Storm Sewer Improvement No. 65-C, Lilac Drive, 35th Avenue to 36th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the Improvement. No one appeared. 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. 85-16 RESOLUTION ORDERING IN THE CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 65-C. WHEREAS, it has been proposed to proceed with Storm Sewer Improve- ment No. 65-C, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interests 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, pub- lished in The North Hennepin Post February 21, 1985, and February 28, 1985, which hearing was held on March 5, 1985, 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. 65-C, shall be hereinafter designated Storm Sewer Improvement No. 65-C, and IT IS FURTHER RESOLVED that the entire cost of the above designated improvement, including the cost of engineering, interest during con- struction and necessary incidental expenses shall be assessed against all real property benefited by such improvement as listed above. 5 MARCH 1985 BE IT FURTHER RESOLVED that the Citv Engineer be instructed to provide the City with final detailed plans and specifications for Storm Sewer Improvement No. 65-C, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Storm Sewer Improvement No. 65-C. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Motion carded, resolution de- clared adopted. Mayor ATTEST: City Clerk 3 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 Improvements No. 65-B, Grading, Drainage, Base & Blacktop, Curb & Gutter, Sanitary Sewer and Water Lateral on 45th Place - Florida Avenue to 350 feet east. The Mayor asked those present to voice their opinions or ask questions concerning the improvements. Those present and heard were: Tom Van Housen, 6406 - 45th Ave. N.; Charles Hillstrom, 4532 Florida Ave. N.; and Mrs. Pat Jacobson, 4520 Florida Ave. N. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-17 RESOLUTION ORDERING IN THE CONSTRUCTION OF IMPROVEMENTS NO. 65-B WHEREAS, it has been proposed to proceed with Grading, Drainage, Base & Blacktop Improvement No. 65-B; Curb & Gutter Improvement No. 65-B; Sanitary Sewer Improvement No. 65-B; and Water Lateral Improve- ment No. 65-8, and WHEREAS, these improvements have been declared feasible, and WHEREAS, it is necessary and in the best interests 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, pub- lished in The North Hennepin Post February 21, 1985, and February 28, 4 5 MARCH 1985 1985, which hearing was held on March 5, 1985, 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 Improvements No. 65-B, shall be hereinafter designated Grading, Drainage, Base & Blacktop Im- provement No. 65-B; Curb & Gutter Improvement No. 65-B; Sanitary Sewer Improvement No. 65-B; and Water Lateral Improvement No. 65-B, and IT IS FURTHER RESOLVED that the entire cost of the above designated improvement, including the cost of engineering, interest during construc- tion 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 Grad- ing, Drainage, Base & Blacktop Improvement No. 65-B; Curb & Gutter Im- provement No. 65-B; Sanitary Sewer Improvement No. 65-B; and Water La- teral Improvement No. 65-B, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Grading, Drainage, Base & Blacktop Improvement No. 65-B; Curb & Gutter Improvement No. 65-B; Sanitary Sewer Improvement No. 65-B; and Water Lateral Improvement No. 65-B. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Moti6n.carried, r6solution de- clared adopted. ATTEST: City Cler Mayor A member of the Crystal Frolics Committee, Don Toays, appeared before the City Council to discuss the Crystal Frolics for 1985. Moved by Councilmember Pieri and seconded by Councilmember Moravec to continue the discussion of the Crystal Frolics for 1985 until the next regular meeting. Motion Carried. The City Council considered the application of Burke Hilden for appoint- ment to the Human Relations Commission. Moved by Councilmember. Herbes and seconded by Councilmember Pieri to appoint Burke Hilden to the Human Relations Commission, to fill an un- expired term ending December 31, 1986. Motion Carried. 5 5 MARCH 1985 The City Council considered a request for a private kennel license from Marvin Galiger, 6725 Hill Place. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve a request for a private kennel license from Marvin Galiger, 6725 Hill Place. Motion Carried. The City Council considered setting surety in the amount of $51,000 as a guaranty of faithful performance of certain requirements as a condition of building permit approval for Welcome Furniture, 4835 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to set surety in the amount of $51,000, as a guaranty of faithful perfor- mance of certain work requirements as a condition of building permit approval for Welcome Furniture, 4835 West Broadway, as recommended by the City Engineer. Motion Carried. The City Council considered the First Reading of an ordinance provid- ing for conditional use for contractor storage in an I-1 zone. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I "ZONING" SUBSECTION 515.39, Subd. 4 and further, that the second and final reading be held on March 19, 1985. Motion Carried. Jeff Hamiel of the Metropolitan Airports Commission appeared before the City Council regarding the Crystal Airport. He introduced Mr. Greg Fries, who will be the Crystal Airport Manager, and Mr. Ira J. Rimson, of Aviation Resources Group, Inc., who summarized the findings of his company, and presented his report to the Council. Moved by Councilmember Pieri and seconded by Councilmember Herbes to refer to the Tri -City Airports Committee the report submitted by Aviation Resources Group, Inc., for study and evaluation. Motion Carried. The Mayor called a recess at 8:36 P.M. and called the meeting back to order at 8:50 P.M. The City Council considered a request from Rostamo's, Inc. dba Rosta- mo's for on -sale, off -sale and Sunday sale of liquor at 6014 Lakeland Ave. N., and simultaneously cancelling the same licenses of Mary & Nancy's, Inc. dba Mr. Bob's. Mr. Rostamo and Mr. Euell, of Rostamo's, Inc., and Mr. Mike Whalen, their attorney, appeared and were heard. I 5 MARCH 1985 Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve the applications of Rostamo's, Inc. dba Rostamo's for an on - sale and off -sale liquor license and an on -sale Sunday liquor license at 6014 Lakeland Avenue North, effective 10:00 A.M., March 7, 1985; and simultaneously cancelling the same licenses of Mary & Nancy's, Inc. dba Mr. Bob's, at 6014 Lakeland Ave. N. Motion Carried. The City Council considered bids for a metal storage shed. 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. 85-18 RESOLUTION AWARDING BID FOR A METAL STORAGE SHED WHEREAS, the City of Crystal did advertise for bids for a post frame type, metal clad, cold storage building addition, and WHEREAS, such bids were received and publicly opened on February 27, 1985, and tabulated as follows: Tom Demuth Construction . $36,800.00 Lester's, Inc. . . . . . $37,472.00 Fullerton Lumber Co. . . $38,965.00 AND WHEREAS, Tom Demuth Construction Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a post frame type, metal clad, cold storage building addition, to Tom Demuth Construction Company, in the amount of $36,800.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Motion carried,"resolution de- clared adopted. , l ATTEST: City Clerk Mayor The City Council considered the Human Relations Commission's recommen- dation of Susan Moravec for appointment to the Long -Range Planning Commission for 1985. Moved by Councilmember Pieri and seconded by Councilmember Rygg to appy e the appointment of Susan Moravec to the Long -Range Planning Commission, as a representative of the Human Relations Commission for the year 1985. Motion Carried. 1 5 MARCH 1985 The City Council considered bids for tree trimming for 1985. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-19 RESOLUTION AWARDING BID FOP, TREE REMOVAL IN THE CITY WHEREAS, the City of Crystal did advertise for bids for removal of trees and stumps on public property and removal of trees and stumps on private property and trimming of trees on public property, and WHEREAS, such bids were received and publicly opened on February 14, 1985, and tabulated as follows: Public Trees (elm & oak) Public Trees (other) Trimming Private Property Private Property Totals: (elm & oak) (other) Precision Midwest Landscape Stump and Tree Removal Ceres Tim's Tree Tree Company Service $13,350 $10,055 $10,756 $ 7,030 26,105 18,440 20,741 16,872 28,741 10,758 12,415 12,580 2,565 1,895 2,005 2,005 2,890 2,135 _2,180 2,240 $73,651 $43,283 $48,097 $40,727 AND WHEREAS, Tim's Tree Service, Inc., is the apparent low bid- der, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the bid for removal of public property trees and removal of private pro- perty trees and tree trimming of public property trees 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: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Motion carried, resolution de- clared adopted. ATTEST: City Clerk Mayor 7 5 MARCH 1985 The City Council considered a labor contract with Local Union #49. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to approve the labor contract with the International Union of Opera- ting Engineers, Local #49, as outlined in a letter to the City Mana- ger from Tim R. Connors, Area Business Representative, of Local #49, retroactive to January 1, 1985. Motion Carried. The City Council considered a request for a grant for the Police Depart- ment for a bicycle safety project. 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. 85-20 RESOLUTION AUTHORIZING THE SUBMISSION OF THE GRANT APPLICA- TION AND EXECUTION OF THE AGREEMENT - MINNESOTA COMMUNITY BICYCLE SAFETY PROJECT/CRYSTAL BICYCLE SAFETY ACCIDENT RE- DUCTION PROGRAM WHEREAS, the State of Minnesota will make grant funds available for Community bicycle safety programs to begin April 15, 1985 and end September 30, 1985, and WHEREAS, the City of Crystal is desirous of providing a coor- dinated bicycle safety program, THEREFORE, BE IT RESOLVED that the City of Crystal act as a grantee for the project titled Minnesota Community Bicycle Safety Project/Crys- tal Bicycle Safety -Accident Reduction Program. The Minnesota Community Bicycle Safety Project/Crystal Bicycle Safety -Accident Reduction Pro- gram is to be conducted in the City of Crystal by the Crystal Police Department during the period April 15, 1985 through September 30, 1985. AND FURTHER BE IT RESOLVED that 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 and execute such agreements as are necessary to implement the project on behalf of the Crystal City Council. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker, absent, not voting: Smothers. Motion carried, resolution de- clared adopted. ✓� Mayor ATTEST : City Cler I 5 MARCH 1985 Peter E. Meintsma, Chair of the Metropolitan Waste Control Commission, appeared before the Council to report on the activities of that Com- mission. The City Council considered authorizing the purchase of a sound system for the Council Chambers. Moved by Councilmember Moravec to accept Audio Engineers' proposal, as stated on pages 4 and 5 of their letter of January 30, 1985. Motion Died for Lack of a Second. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-21 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to purchase a sound sys- tem for the Council Chambers from Blumberg Communications, Inc., and WHEREAS, the cost of such improvements is estimated to be $8,000.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $8,000.00 for equipment as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf, Herbes, Pieri, Rygg, Aaker; vot- ing no: Moravec; absent, not voting: Smothers. Motion carrie(, re- solution declared adopted. ATTEST: City Clerk Mayor Councilmember Herbes requested background information on the Iron Horse. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to have a transcription made of the December 21, 1976, Council minutes pertaining to the Iron Horse liquor license. Motion 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. 10 5 MARCH 1985 Moved by Councilmember Herbes and seconded by Councilmember Schaaf to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 1 19 MARCH 1985 Pursuant to due call and notice thereof, the regular meeting of the Crys- tal City Council was held on March 19, 1985, 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- :'chaaf, Smothers, Herbes, Pieri, Aaker, Moravec; the following were absent: nt,n<<. ?also -,resent were the following staff members: John T. Trving, City i"anager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; �7illiam Sherburne, 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. The minutes of the regular Council meeting of March 5, 1985, were ap- proved. The City Council considered the Consent Agenda, which is as follows: To set 7:00 P.M., or as soon thereafter_ as the matter may be heard, April 2, 1985, as the time and date for the public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to consider: 3. A variance to allow the location of a barrier curb to be 0' from the lot line instead of 5' as required at 5430 Douglas Drive, as requested by Dennis Persons. To set 12:30 P.M. to 3:30 P.M., May 11, 1985, at the Crystal City Gar- age as the time and date for the Rabies Vaccination Clinic for dogs and cats in the City of Crystal. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 16, 1985, as the time and date for a public hearing at which time the City Council will consider a request for tentative approval of pro- posed plat Soule Addition, located at the southeast quadrant of Lom- bardy Lane and U. S. Highway #169 (Lakeland Avenue) formerly, rIr. Bob's. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. 1. A variance of 3' in the required 60' lot width to build a 16'x24' family room addition to the existing house, and a 12'x24' deck at 4300 Brunswick Ave. N., as requested by Ronald Harrington. 2. A variance of 7,500 sq. ft. in the required 22,500 sq. ft. lot area at 5259 Douglas Drive, as requested by John J. Day. 3. A variance to allow the location of a barrier curb to be 0' from the lot line instead of 5' as required at 5430 Douglas Drive, as requested by Dennis Persons. To set 12:30 P.M. to 3:30 P.M., May 11, 1985, at the Crystal City Gar- age as the time and date for the Rabies Vaccination Clinic for dogs and cats in the City of Crystal. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 16, 1985, as the time and date for a public hearing at which time the City Council will consider a request for tentative approval of pro- posed plat Soule Addition, located at the southeast quadrant of Lom- bardy Lane and U. S. Highway #169 (Lakeland Avenue) formerly, rIr. Bob's. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. 12 19 MARCH 1985 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Crystal, Minnesota, was duly held in the City Hall in the City of Crystal, on Tuesday, March 19, 1985, commencing at 7:00 o'clock P.M., C.T. The following members of the Council were present: Mayor Aaker, Pieri, Herbes, Smothers, Moravec. and Schaaf_, and the following were absent: RYgg- The Mayor announced that the meeting was convened for the consideration of the bids which had been received for the purchase of the City's $5,865,000 General Obligation Tax Increment Bonds, Series 1985A, as advertised for sale. The City Clerk presented affidavits showing pub- lication of notice of sale in the City's official newspaper and in Com- mercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined, found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Terms of Offering of the Bonds and the resolution authorizing their sale. The bids were as follows: (See Page 12A attached). After due consideration of the bids, Councilmember Schaaf introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-22 RESOLUTION AWARDING THE SALE OF $5,865,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of Continental Illinois National Bank and Trust Company of Chicago and others (Purchaser) to purchase $5,865,000 General Obligation Tax Increment Bonds, Series 1.985A (Bonds) of the City des- cribed in the Official Terms of Offering thereof is hereby found and determined to be the highest and best bid received pursuant to duly ad- vertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $5,754,51.1.06 plus accrued interest to date of delivery, for Bonds bearing interest as follows: SPRINGSTED INCORPORATED zi PUBLIC FINANCE PAGE 12A ADVISORS $5,865,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A CITY OF CRYSTAL, MINNESOTA AWARD: CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO And Associates SALE: March 19, 1985 Rating: Aaa - Moody's AAA - S&P (MBIA Insurance) Net Interest Bidder Interest Rates Cou ons Cost & Rate CONTINENTAL ILLINOIS NATIONAL BANK 10.00% 1989-1995 $5,754,511.06 $9,256,638.86 AND TRUST COMPANY OF CHICAGO 9.00% 1996 (9.686983%) And Associates 9.10% 1997 9.20% 1998 9.30% 1999 9.40% 2000-2001 9.50% 2002-2003 9.60% 2004-2005 9.70% 2006-2008 DAIN BOSWORTH INCORPORATED 7.40% 1989 $5,753,565.00 $9,423,815.00 MERRILL LYNCH CAPITAL MARKETS 7.70% 1990 (9.8619%) PAINEWEBBER INCORPORATED 8.00% 1991 Miller Securities, Incorporated 8.20% 1992 8.40% 1993 8.60% 1994 8.80% 1995 9.00% 1996 9.20% 1997 9.40% 1998 9.50% 1999 9_AnoK ?nnn NORWEST INVESTMENT SERVICES 9.00% 1989-1996 $5,751,037.25 $9,598,212.75 THE FIRST NATIONAL BANK OF 9.25% 1997 (10,0444 SAINT PAUL 9.50% 1998 FIRST NATIONAL BANK OF 9.75% 1999 MINNEAPOLIS 10.00% 2000-2002 THE NORTHERN TRUST COMPANY 10.10% 2003-2008 Dean Witter Reynolds, Incorporated 1994 8.60% Dougherty, Dawkins, Strand & Yost Inc. 1995 8.75% Moore, Juran and Company, Incorporated 1996 • M. H. Novick & Company, Incorporated 1997 Par Robert S. C. Peterson, Incorporated 1998 Par REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 10.00% 1989 7.50% 10.00% 1990 7.75% 10.00% 1991 8.00% 10.00% 1992 8.20% 10.00% 1993 8.40% 10.00% 1994 8.60% 10.00% 1995 8.75% 9.00% 1996 Par 9.10% 1997 Par 9.20% 1998 Par 9.30% 1999 Par 9.40% 2000 Par 9.40% 2001 9.45% 9.50% 2002 Par 9.50% 2003 9.55% 9.60% 2004 Par 9.60% 2005 9.65% 9.70% 2006 Par 9.70% 2007 9.75% 9.70% 2008 9.75% 41, BBI: 9.76 Average Maturity: 16.29 Years 13 19 MARCH 1985 Year Of Interest Year Of Interest Maturity Rate Maturity Rate 1989 10.000 1999 9.300 1990 10.00 2000 9.40 1991 10.00 2001 9.40 1992 10.00 2002 9.50 1993 10.00 2003 9.50 1994 10.00 2004 9.60 1995 10.00 2005 9.60 1996 9.00 2006 9.70 1997 9.10 2007 9.70 1998 9.20 2008 9.70 The City Treasurer is directed to retain the good faith check of the Purchaser on behalf of the City pending completion of the sale and de- livery of the Bonds and to return the checks of the unsuccessful bidders forthwith. The sum of $3,511.06 being the amount offered by the Pur- chaser in excess of $5,751,000 shall be credited to the Debt Service Fund created by Section 3. 1.02. The City shall forthwith issue and sell the Bonds in the total principal amount of $5,865,000 originally dated as of April 1, 1985, the Bonds being in fully registered form and issued in the denom- ination of $5,000 or any integral multiple thereof, numbered No. 1 up- ward, bearing interest as above set forth, and which Bonds mature on February 1 in the years and amounts,as follows: Year Principal Year Principal 1989 $ 90,000 1999 $275,000 1990 100,000 2000 325,000 1991 100,000 2001 350,000 1992 125,000 2002 375,000 1993 150,000 2003 475,000 1994 150,000 2004 500,000 1995 175,000 2005 500,000 1996 200,000 2006 500,000 1997 225,000 2007 500,000 1998 250,000 2008 500,000 The City may elect on February 1, 1995, and on any interest payment date thereafter, to prepay bonds due on or after February 1, 1996. Redemp- tion may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, 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. Section 2. Form: Registration. 2.01. Registered Form. The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, 14 19 MARCH 1985 the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentica- tion to which interest on the Bond has been paid or made available for payment, 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 authentication is prior to February 1, 1985, in which case such Bond shall be dated as of April 1, 1985. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1986, 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. 2.03. Registration. 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 Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accom- panied by a 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 writ- ing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new 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 pay- ment date. 0 (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new 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 Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and there- after disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse 15 19 MARCH 1985 to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Regis- trar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unau- thorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such 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 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 Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such trans- fer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, matur- ity date and tenor in exchange and substitution for and upon can- cellation of any such mutilated Bond or in lieu of and in substi- tution for any such Bond destroyed, stolen or lost, upon the pay- ment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an ap- propriate bond or indemnity in form, substance and amount satis- factory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered 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 Bond has already matured or been called for redemption in accordance with its terms it shall be necessary to issue a new Bond prior to pay- ment. 2.04. Appointment of Initial Registrar. The City hereby appoints First Trust Company of Saint Paul, St. Paul, Minnesota, as the initial Registrar. The Mayor and the Manager are authorized to execute and deliver, on behalf of the City a contract with the 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 Registrar. The City agrees to pay the reasonable and cus- tomary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and 16 19 MARCH 1985 upon the appointment of a successor Registrar, in which event the pre- decessor Registrar shall deliver all cash and 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 Treasurer shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the 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 signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstand- ing such execution, no Bond shall be valid or obligatory for any pur- pose or entitled to any security or benefit under this Resolution un- less and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certifi- cate of authentication on each Bond shall be conclusive eveidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Fi- nance Director 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. 2.06. Form of Bonds. The Bonds shall be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1985A Date of Rate Maturity Original Issue CUSIP April 1, 1985 No. R - KNOW EVERYONE BY THESE PRESENTS that the City of Crystal, a duly organized and existing municipal corporation in Hennepin County, Minne- sota (City), acknowledges itself to be indebted and for value received hereby promises to pay to 17 19 MARCH 1985 or registered assigns the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 1986, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The inter- est 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 First Trust Company of Saint Paul, St. Paul, Min- nesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described 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, 1995, and on any interest pay- ment date thereafter, to prepay bonds of this issue due on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, Bonds remaining un- paid 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. 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 Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized repre- sentatives. IN WITNESS WHEREOF, the City of Crystal, Hennepin County, Minne- sota, by its City Council, has caused this Bond to be executed of its behalf by the facsimile signature of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF CRYSTAL, MINNESOTA (facsimile) (facsimile) City Manager Mayor M 19 MARCH 1985 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. 0 Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $5,865,000, all of like original date and tenor, except as to num- ber, maturity date, interest rate, and provision for redemption, is- sued pursuant to a resolution adopted by the City Council on March 19, 1985 (the Resolution), for the purpose of providing money to fi- nance all or a portion of the public redevelopment costs of a project (Project) in a Redevelopment Tax Increment Financing District (District) in the City, pursuant to and in full conformity with the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, Sections 273.71 to 273.78 and Section 462.411, et seq. and is payable primarily from tax increments resulting from increases in the assessed valuation of real property in the District pursuant to a tax increment agreement between the City and the Housing and Redevelopment Authority of the City of Crystal, dated March 5, 1985, and from special assess- ments against benefited property in the District, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said 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 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 only as fully registered bonds in denominations 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, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or ex- change 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 prin- cipal 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 City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether 0 19 MARCH 1985 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 HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be per- formed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accor- dance 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 any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full cope of the legal opinion.) I 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. (Facsimile Signature City Clerk The following abbreviations, when used in the inscription of the face of this Bond,, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (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 herebv sells, assigns and transfers unto the within Bond and all rights thereunder, and 20 19 MARCH 1985 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 substitution in the premises. Dated: Notice: The assignor's signature to this assignment must corres- pond 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 bank 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. Name and Address: (Include information for all joint owners if the Bonds are held by joint account) Please insert social security or other identifying number of assignee 2.07. The Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Profes- sional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The 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. Security: Payment. 3.01. The Bonds or additional bonds similarly authorized and issued shall be payable from the General Obligation Tax Increment Bonds, Series 1985A Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax Increments) from the Tax Increment Financing District (the District) in which the Redevelopment Project (Project) financed by the Bonds is located received by the City pursuant to the L 21 19 MARCH 1985 Tax Increment Agreement (Agreement) dated March 5, 1985 between the City and the Housing and Redevelopment Authority of the City of Crystal are hereby irrevocably appropriated and pledged to the Debt Service Fund to pay principal of and interest on the Bonds. There is also pledged to the Debt Service Fund the proceeds of special assessments (Assessments) to be levied by the City for certain assessable public improvements to be constructed by the City in the District pursuant to the Tax Incre- ment Financing Plan for the District. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the 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 when received. 3.02. It is determined that the proceeds of the Tax Increments and Assessments as received will be adequate to pay principal and interest on the Bonds when due and that no tax levy pursuant to Minnesota Statutes, Section 475.61 is needed at this time. The Clerk is directed to file a certified copy of the resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 4. Authentication of Transcript. 4.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approv- ing the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, re- lating to the validity and marketability of the Bonds and such instru- ments, including any heretofore furnished, shall be deemed representa- tions of the City as to the facts stated therein. 4.02. The Mayor, Manager and Treasurer are hereby authorized and directed to certify that they have examined the Official Statement pre- pared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate repre- sentation of the facts and representations made therein as it relates to the City. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Pieri and upon vote being taken thereon, the following voted in favor thereof: Mayor Aaker, Pieri,.Herbes, Smothers, Moravec and Schaaf; and the following voted against: None, whereupon said resolution was declared duly passed and adopted. ATTEST: City Clerk Mayor 22 19 MARCH 1985 It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Aaker declared this was the date and time as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from Paul Ewoldt to ex- pand a non -conforming use (Section 515.05, Subd. 2), the non -conformity being the existing garage encroaches 10' in the required 30' side yard setback,to allow the construction of a 20'x20' addition to the existing garage at 4925 - 52nd Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve enlarging a non -conforming use, Section 515.05, Subd. 2, (garage encroaches 10' in the required 30' setback) to allow construc- tion of a 20'x20' addition to the existing garage at 4925 - 52nd Ave. N., as requested in Variance Application #85-7. 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 the appli- cation for Community Development Block Grant funds Year XI. The Mayor asked those present to voice their opinions or ask questions concern- ing the Community Development Block Grant funds. Those present and heard were: Elsa Skogerboe, representative of Crystal to Northwest Hennepin Human Services Council,; Jan Murphy, recipient of funds from Greater Minneapolis Day Care Association; Helen Watkins, Greater Min- neapolis Day Care Association. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to include in the Application for Year XI Community Development funds the following allocations: Housing Rehabilitation $48,736 Scattered Site Acquisition $46,000 Commercial Rehabilitation $36,000 Child Care Assistance Fund $10,000 Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-23 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FTJNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Crystal, through execution of a Joint Coop- eration Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program, and WHEREAS, the City of Crystal has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and 23 19 MARCH 1985 WHEREAS, the following proposed use of Community Development Block Grant funds was developed consistent with program rules. BE IT RESOLVED, that the City Council of the City of Crystal ap- proves the proposed use of Year XI Urban Hennepin County Community De- velopment Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee and for inclusion in the Year XI Urban Hennepin County Community Develop- ment Block Grant Statement of Objectives and Projected Use of Funds. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, res,(>Tution declared adopted. ATTEST: City Cler Mayor 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 vacation of certain easements in the Rolling Green Addition. The Mayor asked those present to voice their opinions or ask questions concerning the vacation of certain easements in the Rolling Green Addition. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85-7 AN ORDINANCE VACATING STORM SEWER EASEMENTS IN ROLLING,; GREEN ADDITION and further, that the second and final reading be held on April 2, 1985. 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 would consider the issuance of indus- trial revenue bonds for the development of the Crystal Linoleum pro- ject located at 5430 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the project. No one appeared. Moved by Councilmember Moravec and seconded by Councilmember Herbes to continue the public hearing to consider industrial revenue bonds for the development of the Crystal Linoleum project located at 5430 Douglas Drive, to the next regular Council meeting on April 2, 1985. Motion Carried. 24 March 19, 1985 The City Council considered authorizing the issuance an-' sale- c38,000 in General Obligation Temporary Improvement ":onus, "neci a'_ _'eri,^s . Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: .RESOLUTION NO. 85-24 RESOLUTION AUTHORIZING THE PURCHASE OF GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND OF 1985, SPECIAL SERIES (IMPROVEMENT PROJECT NO. 59A) BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. The City has undertaken Improvement Project No. 59A (Project) in accordance with Minnesota Statutes, Chapter 429 and the City Charter, and the Project has been duly ordered or contracts let for the con- struction thereof. 2. The City is authorized by Section 429.031 and Section 475.66 ment bonds to finance the Project service funds of the City or other purpose. the provisions of Minnesota Statutes, (Act) to issue temporary improve - and to purchase such bonds from debt municipal funds available for such 3. It is found and determined that it is necessary and desirable that the City issue its General Obligation Temporary Improvement Bond (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. Improve- ment Account in the Permanent Improvement Revolving Fund (PIR) 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. 1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND OF 1985, SPECIAL SERIES (IMPROVEMENT PROJECT NO. 59A) $38,000 KNOW ALL MEN BY THESE PRESENTS, that 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 Im- provement Revolving Fund the principal sum of $38,000 on the 1st. day i 25 19 MARCH 1985 of February, 1988, and to pay interest thereon at the rate of 7.5% per annum. Interest shall accrue on the unpaid principal amount of the Bond on December 31 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 at par plus accrued interest to date of redemption. This Bond is issued for the purpose of providing temporary financ- ing 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 Public Improvement Account in the Permanent Improvement Revolving Fund of the City on the account of Improvement Project No. 59A, but the Council is required to pay the principal and interest hereon out of any fund 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 prin- cipal and interest; and the City Council has further covenanted and agreed that at or prior to the maturity of this Bond it will provide for the retirement and payment hereof by the issuance of definitive bonds, to the extent of any that the special assessments and taxes or other municipal funds in the Permanent Improvement Revolving Fund are insufficient for said purpose, all as provided in Minnesota Statutes, Section 429.031. 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, Minne- sota 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 April 1, 1985. _/s/ Thomas N. Aaker _ Mayor /s/ John T. Irvin City Manager 5. The Bond shall be payable from the Improvement No. 59A Account hereby created in the P u b 1 i c Improvement Account in the Permanent Improvement Revolving Fund of the City, and the proceeds of any general ad valorem taxes, special assessments levied or to be levied for the Project together with any other funds received on account of the Pro- ject are pledged to the Improvement No. 59A Account. The City Council hereby pledges the full faith, credit and taxing powers for the pay- ment of the Bond, and further states that it recognizes and assumes all of its duties with respect to the issuance of definitive bonds to retire the Bond in the event the Bond cannot be paid out of the Improve- ment No. 59A Account. 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. W 19 MARCH 1985 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: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion parried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered the First Reading of an ordinance rezoning property at 5259 Douglas Drive from B-4 to B-3. A representative of Meineke Muffler Shops was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to request the Planning Commission to review the pros and cons of the concentration of auto -oriented businesses in the area re- quested to be rezoned. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on April 16, 1985. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 5430 Douglas Drive from R-4 (high density residential) to PUD (planned unit development), as requested by Dennis Persons. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85- AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on April 2, 1985. 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 Frank's Furniture, 5419 Lakeland Ave. N. Marge Buss, of Frank's Furniture, appeared and was heard. I�� 19 MARCH 1985 Moved by Councilmember Schaaf and seconded r)y Councilmember Smothers to set surety in the amount of $53,000 as a guaranty of faithful per- formance of certain work requirements as a condition of building permit approval for Frank's Furniture, 5419 Lakeland Ave. N. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to postpone the requirement to construct B618 concrete curb and gutter adjacent to site and repair of street until June 1, 1986, at Frank's Furniture, 5419 Lakeland Ave. N. Motion Carried. The City Council considered the Second Reading of an ordinance providing for contractor storage as a conditional use in I-1 and I-2 zones. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following ordinance: RESOLUTION NO. 85-3 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. The City Council considered final approval of Neznik Addition,lo- cated at the northeast quadrant of Corvallis and West Broadway. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-25 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 sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Neznik Addition, as submitted by John Neznik and Denise Neznik, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled NEZNIK ADDITION, City of Crystal, Hennepin County, Minnesota. 27 19 MARCH 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. i Mayor ATTEST: City Clerk The City Council considered reduction in surety from $21,000 to $5,000 for Octopus Car Wash, 5301 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Pieri to reduce surety from $21,000 to $5,000 for Octopus Car Wash, 5301 Douglas Drive, because a portion of the fork required to be performed as a con- dition of issuance of a building permit has been completed, as recom- mended by the City Engineer. Motion Carried. The City Council considered final approval of K Wong Addition located at 5430 Lakeland Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-26 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 sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for K Wong Addition, as submitted by James M. Wong, and Chien Chuan Wong, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled K WONG ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried resolution declared adopted. ATTEST: City Clerk Mayor f' 29 19 MARCH 1985 The City Council considered the Second Reading of an ordinance regard- ing the placement of newsracks in the City of Crystal. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85-4 AN ORDINANCE RELATING TO SIDEWALKS AND NEWSRACKS; AMENDING CRYSTAL CITY CODE BY ADDING A SUBSECTION and further, that this be the second and final reading. Motion Carried. The City Council considered appointing a resident member to the Tri - City Airport Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to appoint James Kraker as a resident member to the Tri -City Airport Commission. Motion Carried. The City Council considered the ratification of a contract with Com- munications Clerks Local #320. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the ratification of a contract with Communications Clerks Local #320, as presented by the City Manager, retroactive to January 1, 1985. Motion Carried. The City Council considered an emergency ordinance authorizing convey- ance of land and also considered conveyance of parcels of property which are part of the Bass Lake Road Redevelopment Project within the Bass Lake Road tax increment district in the City of Crystal. The Mayor called a ten-minute recess at 8:10 P.M. so the Council could study the conveyances of land. Moved by Councilmember Moravec and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-27 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS., an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of .record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such di- vision is described in attached Exhibit B, and 30 19 MARCH 1985 WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. Exhibit A Lot 1, Block 1, Carl W. Peterson Addition, according to the plat thereof on file in the Office of the Registrar of Titles, Hennepin County, Minnesota. Exhibit B Tract 1 That part of Lot 1, Block 1, Carl W. Peterson Addition, according to the plat thereof on file in the Office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the most Easterly corner of said Lot 1; thence South 45 degrees 21 minutes 46 seconds West, 27.00 feet along the Southeasterly line of said Lot 1; thence North 41 degrees 15 minutes 13 seconds West, 24.93 feet to the North line of said Lot 1; thence North 89 degrees 37 minutes 46 seconds East, 35.65 feet along said Northerly line to the point of beginning. Tract 2: Lot 1, Block 1, Carl W. Peterson Addition, according to the plat thereof on file in the Office of the Registrar of Titles, Hennepin County, Min- nesota, except that part of said Lot 1 described as follows: Beginning at the most Easterly corner of said Lot 1; thence South 45 degrees 21 minutes 46 seconds West, 27.00 feet along the Southeasterly line of said Lot 1; thence North 41 degrees 15 minutes 13 seconds West, 24.93 feet to the North line of said Lot 1; thence North 89 degrees 37 minutes 46 seconds East, 35.65 feet along said Northerly line to the point of beginning. 31 19 MARCH 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. ' ATTEST: City Clerk Mayor Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-28 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of record into three separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in attached Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tracts 1 and 2 to a third party but can- not do so without complying with the requirements of the City's sub- division regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the three separate parcels described in Exhibit B without the need to plat such divided parcels. Exhibit A The East 330 feet of Tract A, Registered Land Survey No. 516, Files of Registrar of Titles, County of Hennepin. 32 19 MARCH 1985 Exhibit B Tract 1: That part of the East 330.00 feet of Tract A, Registered Land Survey No. 516, Files of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the Northwest corner of said East 330.00 feet of Tract A; thence South 41 degrees 15 minutes 13 seconds East, 39.68 feet to the Southerly line of said East 330.00 feet of Tract A; thence South 89 degrees 37 minutes 46 seconds West, 26.45 feet along said Southerly line to the Westerly line of said East 330.00 feet of Tract A; thence North 00 degrees 33 minutes 01 seconds East, 30.00 feet along said Westerly line to the point of beginning. Tract 2: That part of the East 330.00 feet of Tract A, Registered Land Survey No. 516, Files of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the Northwest corner of said East 330.00 feet of Tract A, R.L.S. No. 516; thence Easterly, 92.39 feet, along the North line of said Tract A, on an assumed bearing of North 89 degrees 37 minutes 33 seconds East, to the inter- section with the Northeasterly extension of the Southeasterly line of Block 1, Carl W. Peterson Addition, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota; thence South 45 degrees 21 minutes 46 seconds West, 42.98 feet along said Northeasterly extension of said Southwesterly line to the intersection with the South line of said Tract A; thence South 89 degrees 37 minutes 33 seconds West, 35.65 feet along said South line of said Tract A; thence North 41 degrees 15 minutes 13 seconds West, 39.68 feet, to the point of beginning. Tract 3: That part of the East 330.00 feet of Tract A, Registered Land Survey No. 516, Files of the Registrar of Titles, Hennepin County, Minnesota lying Southeasterly of the following described line: Beginning at the Northwest corner of said East 330.00 feet of Tract A, R.L.S. No. 516; thence Easterly, 92.39 feet, along the North line of said Tract A, on an assumed bearing of North 89 degrees 37 minutes 33 seconds East, to the intersection with the Northeasterly extension of the Southeasterly line of Block 1, Carl W. Peterson Addition, according to the plat thereof on file in the Office of the Registrar of Titles, Hennepin County. 33 19 MARCH 1985 Minnesota; thence South 45 degrees 21 minutes 46 seconds West, 42.98 feet along said Northeasterly extension of said Southwesterly line to the intersection with the South line of said Tract A and there terminating. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk Moved by Council -member Herbes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-29 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in attached Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. 34 19 MARCH 1985 Exhibit A Lot 6, Block 2, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder, Hennepin County, Minnesota. Exhibit B Tract 1: That part of Lot 6, Block 2, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder lying Westerly of the following described line: Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangential curve concave to the East, central angle 18 degrees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 degrees 52 minutes 59 seconds East, 120.00 feet, there terminating. Tract 2: That part of Lot 6, Block 2, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder lying Easterly of the following described line: Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangen- tial curve concave to the East, central angle 18 degrees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 de- grees 52 minutes 59 seconds East, 120.00 feet, there termina- ting. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. ATTEST - City Clerk Mayor 19 MARCH 1985 35 Moved by Councilmember Smothers and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-30 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in attached Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. Exhibit A Lot 14, Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder, Hennepin County, Minnesota. Exhibit B Tract l: That part of Lot 14, Block 1, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder lying Westerly of the following described line: 36 19 MARCH 1985 Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Min- nesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangential curve concave to the East, central angle 18 degrees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 degrees 52 minutes 59 seconds East, 120.00 feet, there terminating. Tract 2: That part of Lot 14, Block 1, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder lying Easterly of the following described line: Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangen- tial curve concave to the East, central angle 18 degrees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 de- grees 52 minutes 59 seconds East, 120.00 feet, there termin- ating. By roll call and voting aye: Schaaf, Smothers, Herbes, Pier.i, Moravec, Aaker; absent, not voting: Rygq. Motion carried, resolution declared adopted. ATTEST: City Clerk Mayor Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-31 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of record into two separate parcels described by metes and bounds, and 1 37 19 MARCH 1985 WHEREAS, the legal description of the existing parcel is described in attached Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in attached Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. Exhibit A Lot 6, Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder, Hennepin County, Minnesota. Exhibit B Tract 1: That part of Lot 6, Block 1, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat thereof on file in the Office of the Hennepin County Recorder lying Westerly of the following described line: Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Minnesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangential curve concave to the East, central angle 18 de- grees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 degrees 52 minutes 59 seconds East, 120.00 feet, there ter- minating. 19 MARCH 1985 Tract 2: That part of Lot 6, Block 1, Fergus J. McArdle's Crystal Manor Addi- tion, Hennepin County, Minnesota, according to the recorded plat there- of on file in the Office of the Hennepin County Recorder lying Easterly of the following described line: Commencing at the Northeast corner of said Block 1, Fergus J. McArdle's Crystal Manor Addition, Hennepin County, Min- nesota; thence Westerly along the Northerly line of said Block 1, on an assumed bearing of South 89 degrees 44 minutes 27 seconds West, 587.55 feet to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 27 seconds West, 116.71 feet; thence Southeasterly 463.48 feet along a tangential curve concave to the East, central angle 18 degrees 02 minutes 26 seconds, radius 1472.00 feet; thence South 17 degrees 52 minutes 59 seconds East, 120.00 feet, there terminating. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motioyi carried, resolution declared adopted. 1' Mayor ATTEST: City Clerk Moved by Councilmember Pieri and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85-5 EMERGENCY ORDINANCE AUTHORIZING CONVEYANCE OF LAND (to Crystal Gallery Developers) Motion Carried. Passed by the City Council of the City of Crystal, Minnesota, this 19th day of March, 1985. Mayor ATTEST: City Clerk Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following ordinance: 1 19 MARCH 1985 ORDINANCE NO. 85-6 EMERGENCY ORDINANCE AUTHORIZING CONVEYANCE OF LAND (to Carl W. Peterson and Audrey D. Peterson) Motion Carried. Passed by the City Council of the City of Crystal, Minnesota, this 19th day of March, 1985. ATTEST: City Clerk Mayor The City Council considered a resolution relating to compensation for members of the Crystal Volunteer Fire Department. Fire Chief Quady was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-32 A RESOLUTION RELATING TO THE CRYSTAL VOLUNTEER FIRE DEPARTMENT: COMPENSATION BE IT RESOLVED BY THE CITY OF CRYSTAL: Section 1. Crystal City Code, Subsection 315.15 provides that the compensation of members of the Crystal Volunteer Fire Department be set by City Council resolution from time to time. Sec. 2. Compensation of members of the Volunteer Fire Department is as follows: Firefighter pay Fire Officer's pay Overtime pay Drill pay Stand-by pay Salary, Assistant Chief Salary, Deputy Chief Assistant Training Officer Captain Fire Inspector $ 6.00 per call 7.00 per call 5.00 per hour 5.00 per drill 5.00 per hour 150.00 per month 150.00 per month 92.50 iDer month 62.00 per month 8.80 per hour Sec. 3. Compensation for drill pay is determined as follows: If the Firefighter makes the required twelve regular drills, he receives $5.00 per regular drill, plus $5.00 for each extra credit drill. 39 M 19 MARCH 1985 If the Firefighter does not make the twelve regular drills, he receives one-half pay ($2.50) for each drill, including extra credit drills. Extra credit is given at the rate of one drill credit for each four hours spent in training or schools. Extra credit drills do not replace the twelve regular drills that are required by the Department. The application of the above rules may be modified in indi- vidual cases upon application of the Firefighter to the Chief and ap- proval by the City Manager, in the case of 1) Sickness, injury or other disability, 2) Excused absenses, or 3) Where the Firefighter has less than one year of service in the Department. Section 4. This resolution applies to compensation paid on and after January 1, 1984. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. --f-� - � or L. ATTEST: City Clerk The City Council discussed the Crystal Frolics. Don Toaves was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to have the softball tournaments, a parade and fireworks at Mielke Field, if possible, and further, to authorize City funds to subsidize it. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to discontinue the carnival for this year due to the redevelopment in the Becker Park/Bass Lake Road area. Motion Carried. The City Council considered and reviewed estimated expense vouchers received from Councilmembers going to the National League of Cities Conference in Washington, D. C. Moved by Councilmember Pieri and seconded by Councilmember Smothers to approve the estimated expense vouchers for Councilmembers going to the National League of Cities Conference in Washington, D. C. in March, 1985. Motion Carried. 19 MARCH 1985 Moved by Councilmember Herbes and seconded by Councilmember Pieri 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 gas fitter's license for Standard Heating and Air Conditioning, 410 West Lake Street, Minneapolis, Minnesota, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to adjourn the meeting. Motion Carried. � r i l Mayor ATTEST: 1 U City Clerk 41 42 2 APRIL 1985 Pursuant to due call and notice thereof, the reqular meeting of the Crystal City Council was held on April 2, 1985, at 7.00 1.7., at 4141 Douglas Drive, Crystal, Minnesota. The Secr.etary :,' the Council called the roll and the following were present: Sc'-iaaf, Smothers, Herbes, Pieri, Aaker, Moravec; the following were absent: Ryqg. Also present were the following staff members: John Olson, Assistant City Manager; William Sherburne, 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. David Kennedy, City Attorney, arrived at 7:04 P.M. Police Chief Mossey explained a commendation program in the Police Department for performance of activities above and beyond the call of duty. Mayor Aaker then presented commendation awards to Officers Russell McFarlane, Todd Gustafson, Steven Hart, Scott Santrizos, David Board - well, and David Downing, and also to Juvenile Specialist Susan Carstens and Communications Clerk Linda Hart. The City Council then considered the Consent Agenda which was as fol- lows: 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 16, 1985, 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 var- iance to expand the non -conforming use at 4009 Douglas Drive. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, April 16, 1985, 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 variances for the multi -family housing project in the Bass Lake Road/ Becker Park area, as requested by Brutger Companies. 3. To set 10 A.M. to 12 Noon, May 4, 1985, at the Crystal City Garage, as the time and date for the Police Depart- ment bicycle auction and other miscellaneous items. 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 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 Ronald Harr ngton for a variance of 3' in the required 60' lot width to build a 16'x24' family room and a 121x24' deck at 4300 Brunswick Ave. N. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. No one appeared. 43 2 APRIL 1985 Moved by Councilmember Herbes and seconded by Councilmember Schaaf that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15, Subd. 2 a) 1) to grant a variance of 3' in the required 60' width to build a 161x24' family room addition to the existing house and a 12'x24' deck at 4300 Bruns- wick Ave. N., Lot 13, Block 5, Robbinsdale Home Gardens 4th Addition, as requested in Application #85-8 of Ronald Harrington, as recommended by and based on the findings of fact of 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 for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a request from John J. Day for a variance of 7,500 sq. ft. in the required 22,500 sq. ft. in lot area to allow the construc- tion of Meineke Muffler Shop, 5259 Douglas Drive. 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 Schaaf to continue until the next regular Council meeting the discussion of Vari- ance Application #85-3T. 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 Dennis Persons, Crystal Linoleum and Carpet, for a variance in location of the barrier curb to 0' from the lot line in lieu of the required 5' from the lot line at 5430 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions. Lauren Kinghorn, representing Crys- tal Linoleum & Carpet, requested a continuance of the matter. Moved by Councilmember Pieri and seconded by Councilmember Moravec to continue until the next regular Council meeting the public hearing regarding Variance Application #85-11. Motion Carried. The City Council considered the continued public hearing regarding a request for industrial revenue bonds from Crystal Linoleum & Carpet, 5430 Douglas Drive, which was continued from the March 19, 1985, Coun- cil meeting. The Mayor asked those present to voice their opinions or ask questions concerning the request. Those present and heard were: Lauren Kinghorn. Mayor Aaker closed the public hearing. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 44 2 APRIL 1985 RESOLUTION NO. 85-33 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE DEPARTMENT OF ENERGY, PLANNING AND DEVELOP- MENT FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota (City), as follows: 1. It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active pro- motion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergency of blighted lands and areas of chronic unemploy- ment, and the State has encouraged local government units to act to prevent such economic deterioration. 1.2 Crystal Linoleum & Carpet, a Minnesota corporation (Company), has advised this Council of its desire to acquire and improve land and to construct and equip thereon an approximately 30,000 square foot retail -office complex and related site improvements (Project). 1.3 The existence of the Project within the City would signifi- cantly increase the tax base of the City, County and school district in which the City is located, and would provide opportunities for em- ployment for residents of the City and surrounding area, and assist the City and the Housing and Redevelopment Authority of Crystal in achieving their redevelopment goals for the Bass Lake Road -Becker Park Redevelopment Project Area. 1.4 The City has been advised by the Company that conventional, commercial financing to pay the capital cost of the Project is avail- able only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal funancing, and its result- ing low borrowing cost, the Project is economically more feasible. 1.5 This Council has been advised by North Star Bank Minnesota, Crystal, Minnesota, investment bankers, that on the basis of informa- tion submitted to them and the discussions with representatives of the Company that bonds or notes to finance all or part of the cost of the Project can be successfully sold, and that it will purchase such bonds or notes. 1.6 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds or other obligations (Bonds) to finance capital projects consisting of properties used and useful in connec- tion with a revenue producing enterprise, such as that of the Company, and the issuance of such Bonds by the City would be a substantial in- ducement to the Company to construct the Project within the City. 45 2 APRIL 1985 2. On the basis of information given the City to date, it presently appears that it would be in the best interest of the City to issue its industrial development revenue Bonds under the provisions of Minnesota Statutes Chapter 474 (Act) to finance the Project of the Company at a cost presently estimated to be approximately $2,000,000. 3. The Council declares that it is its present intent to issue the Bonds. The Project above referred to is hereby given preliminary approval by the City and the issuance of Bonds for such purpose and in such amount approved, subject to approval of the Project by the Min- nesota Energy and Economic Development Authority (Authority) and to the mutual agreement of this body, the Company and the initial purchasers of the Bonds as to the details of the Bonds and provisions for their payment. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and each Bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and properly pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional, charter or statutory limitation thereon. 4. The form of Memorandum of Agreement relating to the issuance of the Bonds to finance the cost of the Project is hereby approved, and the Mayor and City Manager are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota Statutes, Section 474.01, Sub- division 7A, the Mayor and City Manager are authorized and directed to submit the proposal for the Project to the Authority for approval. The Mayor, City Manager, City Attorney and other officers, employees, and agents of the City and LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, as bond counsel and City Attorney, are hereby authorized to provide the Authority with any preliminary infor- mation needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Authority. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. , Mayor ATTEST: City Clerk The City Council considered the Second Readinq of an ordinance rezon- ing property at 5430 Douglas Drive from R-4 (high density) to PUD. 46 2 APRIL 1985 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to continue until the next regular Council meeting the discussion of the Second Reading of an ordinance changing the use classification of cer- tain lands regarding 5430 Douglas Drive. Motion Carried. The City Council considered the application of Jane Elsen for the Tri - City Airport Commission. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to appoint Jane Elsen to the Tri -City Airport Commission. Motion Carried. The City Council considered the Second Reading of an ordinance vacating certain easements in Rolling Green Addition. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 85-7 AN ORDINANCE VACATING CERTAIN EASEMENTS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Council considered bids for a light tractor -mower. 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. 85-34 RESOLUTION AWARDING BID FOR A LIGHT TRACTOR -MOWER WHEREAS, the City of Crystal did advertise for bids for a light tractor -mower, and WHEREAS, such bids were received and publicly opened on March 27, 1985, and tabulated as follows: Terra Care, Inc. $10,166.00 Joel's Mower Service 10,572.00 Kujawa Enterprises 10,988.00 AND WHEREAS, Terra Care, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a light tractor -mower to Terra Care, Inc., in the amount of $10,166.00 (all prices above include the trade-in of a light tractor -mower), and 47 2 APRIL 1985 BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolution declared adopted. ATTEST: City Cler Mayor The City Council considered accepting 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 Frank's Furniture, 5419 Lakeland Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to accept surety in the amount of $53,000 as a guaranty of faithful per- formance of certain work requirements as a condition of issuance of a building permit for Frank's Furniture, 5419 Lakeland Ave. N. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the authorization to issue building permit #6354 for a 20717"x 124' building at 5419 Lakeland Ave. N., Lot 31, Auditor's Subdivision #328, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered accepting surety in the amount of $38,000 as a guaranty of faithful performance of certain site improvements for Rostamo's, Inc., 6014 Lakeland Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $38,000 from Thomas & Sons Construc- tion Co., as a guaranty of faithful performance of certain work require- ments for site improvements at 6014 Lakeland Ave. N. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to enter into agreement with Rostamo's, Inc., for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of site improvements at 6014 Lakeland Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Pieri and seconded by Councilmember Smothers to enter into agreement with Frank's Furniture for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of issuance of a building permit for 5419 Lakeland Ave. N., and further, to authorize the Mayor and City Manaqer to sign such agree- ment. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the authorization to issue building permit #6354 for a 20717"x 124' building at 5419 Lakeland Ave. N., Lot 31, Auditor's Subdivision #328, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered accepting surety in the amount of $38,000 as a guaranty of faithful performance of certain site improvements for Rostamo's, Inc., 6014 Lakeland Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $38,000 from Thomas & Sons Construc- tion Co., as a guaranty of faithful performance of certain work require- ments for site improvements at 6014 Lakeland Ave. N. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to enter into agreement with Rostamo's, Inc., for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of site improvements at 6014 Lakeland Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. 2 APRIL 1985 The City Council considered surety release in the amount of $38,000 for Nancy Snyder and Mary Schlenz, previous owners of Mr. Bob's, Inc., 6014 Lakeland Ave. N. Moved by Councilmember Moravec and seconded by Councilmember Schaaf to release surety in the amount of $38,000, to Nancy Snyder and Mary Schlenz, former owners of Mr. Bob's, Inc., and to excuse them from their obligation to complete site improvements at 6014 Lakeland Ave. North, as recommended by the City Engineer. Motion Carried. The City Council considered the ratification of a contract with Po- lice Officers Local #44. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the ratification of the contract with Police Officers Local #44, as presented by the City Manager. Motion Carried. The City Council discussed possible Charter changes. The City Council reviewed trip expense sheets submitted by the Council. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to approve the trip expenses of Councilmembers Smothers, Herbes, Pieri, Moravec and Mayor Aaker, for the annual Congressional -City Conference in Washington, D. C. in March, 1985. Motion Carried. Moved by Councilmember Schaaf 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 Schaaf to adjourn the meeting. Motion Carried. ATTEST City Clerk Mayor 1 ,1f r Mayor 1 E 16 APRIL 1985 Pursuant to due call and notice thereof,, the regular meeting of the Crystal City Council was held on April 16, 1985 at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker, Rygg; the following were absent: Moravec. Also present were the following staff members: John Olson, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, 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. The minutes of the regular Council meeting of march 19, 1985 and the regular meeting of April 2, 1985, were approved. The City Council considered the Consent Agenda, which is as follows: To set 7:00 P.M., or as soon thereafter as the matters may be heard, May 7, 1985, as the time and date for public hearings at which time the City Council will consider: 1. Tentative approval of proposed plat Luke Nan Addition, lo- cated at the southeast quadrant of 47th Avenue and Hamp- shire Avenue North. 1. A request from Mayer Electric for a variance in the re- quired number of off-street parking spaces (17 in the re- quired 19) at 5128 Hanson Court. 2. A request for a variance in lot width at 6712 - 44th Avenue North, as requested by Ron Kubes. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter 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 Gene A. Brandt to expand a non -conforming use, said non -conformity being existing house encroaches 30' in the required 40' rear yard setback, to allow construction of a 26'x30' attached garage at 4009 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. 2. Tentative approval of proposed plat Castonia Buss Addition, located at 5419 Lakeland Avenue North. To set 7:00 P.M., or as soon thereafter as the matters may be heard, May 7, 1985, 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: 1. A request from Mayer Electric for a variance in the re- quired number of off-street parking spaces (17 in the re- quired 19) at 5128 Hanson Court. 2. A request for a variance in lot width at 6712 - 44th Avenue North, as requested by Ron Kubes. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter 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 Gene A. Brandt to expand a non -conforming use, said non -conformity being existing house encroaches 30' in the required 40' rear yard setback, to allow construction of a 26'x30' attached garage at 4009 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. 50 16 APRIL 1985 Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 4 a), to allow expansion of a non -conforming use, said non -conformity being existing house encroaches 30' in the required 40' rear yard setback, to allow the construction of a 26'x30' attached garage at 4009 Douglas Drive, as requested in Variance Application #85-12. 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 Soule Addition located at the southeast qua- drant of Lombardy Lane and U.S. Highway #169 (Lakeland Avenue), formerly Mr. Bob's. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilmember Pieri and seconded by Councilmember Smothers to grant tentative approval of proposed plat Soule Addition, located at the southeast quadrant of Lombardy Lane and U.S. Highway #169 (Lake- land Avenue), formerly Mr. Bob's. 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 Brutger Companies for variances in lot area per unit, rear yard setback, off-street park- ing in the front yard setback, required number of off-street parking spaces, and parking stall size, at 5500 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variances. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Pieri that pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 d) 4) ii); to grant a variance of 73 units to permit a total of 160 units to be constructed at 5500 Douglas Drive, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Schaaf 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 grant a variance of 28' in the required 40' rear yard setback and 3' in the required 15' side yard setback at 5500 Douglas Drive, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Moved by Councilmember Pieri 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. 6 e), to grant a variance to allow 48 parking stalls in the front yard setback at 5500 Douglas Drive, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. 51 16 APRIL 1985 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 515.09, Subd. 8 c), to grant a vari- ance of 80 outdoor parking stalls of the required 160 stalls at 5500 Douglas Drive, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Pieri that pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.09, Subd. 4 h) 1) to grant a variance of 6" to allow a 9' parking stall width in lieu of the re- quired 9'6" parking stall at 5500 Douglas Drive, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-34A RESOLUTION APPROVING THE DEVELOPMENT CONTRACT WITH CRYSTAL APARTMENTS LIMITED PARTNERSHIP BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. There has been presented to the City Council a form of a pro- posed development contract between Crystal Apartments Limited Partner- ship, the housing and Redevelopment Authority of the City and the City entitled "Contract for Private Development" relating to a proposed mul- ti -family rental housing development by the Partnership in the Bass Lake Road/Becker Park redevelopment project area. 2. This Council has been informed that the Housing and Redevelop- ment Authority has authorized the execution of the development contract. 3. It is determined that it is in the best interests of the City and the redevelopment project that the City enter into the development contract. 4. The Mayor and City Manager are authorized and directed to exe- cute and deliver the development contract and to take all other actions necessary to carry out the transactions contemplated thereby. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Aaker; absent, not voting: Moravec. Motion carried, resolution de- clared adopted. Mayor ATTEST City Clerk 52 16 APRIL 1985 The City Council then considered a proposal from Crystal Apartments Limited Partnership (of which the Brutger Company is a general part- ner) for the issuance of housing revenue bonds to finance all or a por- tion of the cost of the construction of the multi -family rental project in the redevelopment project area. There was presented to the Council a proposed resolution authorizing the execution of a Joint Powers Agree- ment with the St. Paul Housing and Redevelopment Authority and other cities for the issuance of a combined issue of Housing Revenue Bonds to finance various projects in the participating cities. There was also presented a form of Regulatory Agreement in connection with the financing between the City, the trustee on the bonds, and the lender of the funds under the bonds. There was also presented a form of Declaration of Restricted Covenants for execution between cities to insure compliance with the Internal Revenue Code in the issuance of the bonds. The City Attorney explained briefly the concept of the financing pro- posed, indicated that the City had been granted authority by the neces- sary state and regional agencies to issue the bonds, and the reasons for the desirability of entering into the Joint Powers Agreement. The City Attorney also pointed out that the proposed resolution increased the amount of bonding authority previously granted by the Council by an amount necessary to properly fund the bond issue. After discussion and testimony by representatives of the Brutger Com- panies, the following action was taken; Moved by Councilmember Pieri and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent; RESOLUTIOY NO. 85-35 RESOLUTION APPROVING A JOINT PROGRAM FOR FINANCING RENTAL HOUSING AND GIVING PRELIMINARY APPROVAL TO A JOINT POWERS AGREEMENT AND REGULATORY AGREEMENT IN CONNECTION THEREWITH AND APPROVING AN INCREASE IN BONDING AUTHORITY WHEREAS; (A) The City Council of the City of Crystal, Minnesota, by reso- lution has approved a multi -family rental housing development, (the "Project") and the financing thereof pursuant to Minnesota Statutes, Chapter 462C with approximately $6,500,000 revenue bonds; (B) It is now proposed that the Project should be financed, to- gether with certain other multi -family rental housing projects located in various municipalities in the State of Minnesota, pursuant to a single issue of revenue bonds or obligations; (C) It is anticipated that such revenue bonds or obligations will be structured as a "loan -to -lender" transaction with Midland Financial 53 16 APRIL 1985 Savings and Loan Association of Des Moines, Iowa acting as the "lender", and that the bonds will be underwritten by Piper, Jaffray & Hopwood In- corporated; (D) It is further proposed that the Housing and Redevelopment Au- thority of the City of Saint Paul, Minnesota (the "St. Paul HRA") should issue the revenue bonds or obligations, acting on behalf of itself with respect to certain projects located within the City limits of the City of Saint Paul, and on behalf of such other municipalities, including this City, as may approve the financing of multi -family rental housing projects located therein for financing pursuant to a joint program; (E) It appears that such an issue of bonds or obligations to fi- nance a joint financing program will result in substantial financial benefits to the developers of the multi -family rental housing develop- ments and will accordingly assist the economic viability of such develop- ments and will result in lower rental housing costs to the residents of such developments; (F) There has been submitted to this City Council a form of Reg- ulatory Agreement and a form of Joint Powers Agreement providing for a joint housing program and for the issuance of bonds or obligations to finance such joint housing program; (G) The City Council has been advised by Piper, Jaffray & Hopwood Incorporated, that the joint powers financing referred to above has been structured so that the bonding authority for each municipality must provide for the funding of a pro -rata portion of a letter of credit commitment fee with respect to the issue and the funding of a reserve fund; and (H) It appears that the bonding authority of $6,500,000 approved by resolution must be increased by approximately $693,000 to provide funding for the portion of the letter of credit commitment fee and the reserve fund allocable to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City hereby approves the financing of the Project, together with certain other multi -family rental housing developments located in various municipalities in the State of Minnesota, by the issuance of a single issue of revenue bonds or obligations to be issued by the St. Paul HRA on behalf of itself and all of such other municipalities. 2. The form of the Joint Powers Agreement submitted to this City Council is hereby approved. The Mayor and such other officers or em- ployees of the City as may be appropriate are hereby authorized and directed to execute the Joint Powers Agreement upon execution thereof by such other municipalities or other political subdivisions as may also approve the financing of multi -family rental housing developments lo- cated in each of them for financing under the joint program. This City Council hereby authorizes and directs theMayor and other appropriate officers and employees of the City to execute the Joint Powers Agreement 54 16 APRIL 1985 with such vaiations, alterations, modifications or other changes as may be required to effectuate the purposes of this resolution and are not, in the opinion of the City Attorney, materially adverse to the interests of this City. 3. The Mayor and other appropriate officers or employees of the City are further authorized and directed to execute a Regulatory Agree- ment by and among the developer of the Project, the City, the Trustee for the revenue bonds or obligations issued to finance the joint pro- gram, and such other parties as may be appropriate. Such Regulatory Agreement shall be subject to the approval of the City Attorney, and shall contain such terms and conditions as may be required to implement this City's policies with respect to rental housing, with respect to the payment of fees, expenses and other charges associated with revenue bond financing, and with respect to any other matters which would nor- mally be included in agreements between the City and the developer of a project financed by revenue bonds. The approvals and authorizations contained in this resolution are hereby made expressly subject to the execution of such Regulatory Agreement containing such terms and condi- tions as may be acceptable to the Mayor and City Attorney. 4. The City hereby approves an increase in bonding authority for the Project by the sum of approximately $693,000 to a total bonding authority of approximately $7,193,000. 5. Except as amended herein, the City hereby ratifies and ap- proves the resolution previously adopted, with respect to the Project. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Aaker; absent, not voting: Moravec. MO ion carried, lution declared adopted. Mayor ATTEST t City Clerk The City Council considered the Second Reading of an ordinance rezoning property at 5259 Douglas Drive from B-4 to B-3; consideration of a con- ditional use permit to allow an auto repair -minor shop in a B-3 District; continued public hearing to discuss variance in lot area (a variance of 7500 sq. ft. in the required 22,500 sq. ft.). Bob Gadbois, of Meineke Muffler Shops, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: 55 16 APRIL 1985 ORDINANCE NO. 85-8 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: Smothers, Herbes, Pieri, Rygg, Aaker; voting no: Schaaf; absent, not voting: Moravec. Motion Carried. Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve Application #85-2T, as submitted by John J. Day, for a conditional use permit to allow auto repair -minor in a B-3 District at 5259 Douglas Drive, as recommended by the Planning Commission. By roll call and voting aye: Smothers, Herbes, Pieri, Rygg, Aaker; voting no: Schaaf; absent, not voting: Moravec. Motion Carried. 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 515.35, Subd. 4 c) 4), to grant a variance of 7,500 sq. ft. in the required 22,500 sq. ft. at 5259 Doug- las Drive, east one-half of Lot 1, Block 1, Whitefield, as recommended by and based on the findings of fact of the Planning Commission. By roll call and voting aye: Smothers,, Herbes, Pieri, Rygg, Aaker; voting no: Schaaf; absent, not voting: Moravec. Motion Carried. The City Council considered the Second Reading of an ordinance rezoning property at 5430 Douglas Drive from R-4 to PUD; continued public hear- ing to consider a request for a variance in the location of the barrier curb from 0' from the lot line in lieu of the required 5' from the lot line. The Council was informed that this item is to be deleted from consider- ation because the proponent is going back to the Planning Commission with a new plan. The City Council considered setting surety as specified in the Develop- er's Agreement as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Crystal Gallery for a retail and office building at 5510-94 West Broadway. Moved by Councilmember Herbes and seconded by Councilmember Pieri to set surety as specified in the Developer's Agreement as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for Crystal Gallery for a retail and of- fice building at 5510-94 West Broadway. Motion Carried. Wei 16 APRIL 1985 Moved by Councilmember Smothers and seconded by Councilmember Schaaf to accept the letter of credit, as specified in the Developer's Agree- ment, as a guaranty of faithful performance of certain work require- ments as a condition of issuance of a building permit for Crystal Gal- lery for a retail and office building at 5510-94 West Broadway. Motion Carried. Moved by Councilmember Pieri and seconded by Councilmember Smothers to enter into agreement with Crystal Gallery for the purpose of guarantee- ing faithful performance of certain work requirements as a condition of issuance of building permit #6389 for Crystal Gallery at 5510-94 West Broadway, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to approve the authorization to issue building permit #6389 for a 102,000 sq. ft. retail and office building for Crystal Gallery, at 5510-94 West Broadway, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered plans and specifications for the construc- tion of Florida Avenue from 55th Avenue to 56th Avenue North. Moved by Councilmember Pieri and seconded by Councilmember Smothers to accept the plans and specifications for the construction of Street Im- provement No. 65-A, Florida Avenue from 55th to 56th Avenue North. Motion Carried. The City Council considered the First Reading of an ordinance rezoning property at 3431 Douglas Drive from R-3 (medium density residential) to R-4 (high density residential), as requested by Julik and Adler Homes. Moved by Councilmember Herbes and seconded by Councilmember Smothers to deny Application #85-4A, as submitted by Julik & Adler Homes, to rezone from R-3 District to R-4 District property described as Lot 11, Block 1, Gardendale Acres, that part of Lot 11 lying E of W 22 ft. thereof, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. The City Council considered the City insurance program for the year 1985-1986. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve, as recommended in the memo by the Administrative Assistant to the Assistant City Manager dated April 10, 1985, the City insurance program for 1985-1986. Motion Carried. The City Council considered final approval of proposed plat Crystal Highlands 2nd Addition located at 7011 and 7021 Markwood Drive. 16 APRIL 1985 Moved by Councilmember Smothers and seconded by Councilmember. Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-36 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a sub- division plat for Crystal Highlands 2nd Addition, as submitted by Bonnie K. Anderson, Charles W. Adams and Marlys B. Adams, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled CRYSTAL HIGHLANDS 2ND AD- DITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygq, Aaker; absent, not voting: Moravec. Motion carriedresolution de- clared adopted. Mayor ATTEST: City Cler The City Council considered bids for street maintenance materials. Moved by Councilmember Pieri and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-37 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 10, 1985, and tabulated as follows: BITUMINOUS PATCHING MIXTURE (3/8") (S.Oo oil) AT PLANT DELIVERED Commercial Asphalt Co. C. S. McCrossan, Inc. Bury & Carlson, Inc. Midwest Asphalt Corp. $18.25/ton 18.75/ton 22.60/ton 22.95/ton $29.00/ton 57 NEZ 16 APRIL 1985 .BITUMINOUS PATCHING MIXTURE (3/8") (5.50 oil) AT PLANT Commercial Asphalt Co. $19.20/ton C. S. McCrossan, Inc. 19.75/ton Midwest Asphalt Corp. 23.95/ton Bury & Carlson, Inc. 24.25/ton BITUMINOUS PATCHING MIXTURE (3/4") (5.0%oil) Commercial Asphalt Co. C. S. McCrossan, Inc. Bury & Carlson, Inc. Midwest Asphalt Corp. BITUMINOUS PATCHING MIXTURE (3/4") (5.50_oi1) DELIVERED $30.00/ton $17.65/ton 17.75/ton 22.10/ton 22.95/ton $29.00/ton Commercial Asphalt Co. $18.60/ton C. S. McCrossan, Inc. 18.60/ton Bury & Carlson, Inc. 23.35/ton Midwest Asphalt Corp. 23.95/ton $30.00/ton BITUMINOUS PATCHING MIXTURE (Winter Mix) C. S. McCrossan, Inc. Midwest Asphalt Corp. Bury & Carlson, Inc. SAND Barton Sand & Gravel Co. CLASS 5 GRAVEL Barton Sand & Gravel Co. Bury & Carlson, Inc. Midwest Asphalt Corp. GRANULAR MATERIALS Barton Sand & Gravel Co. Bury & Carlson, Inc. $26.00/ton 30.00/ton 35.00/ton AT PIT DELIVERED $ 2.25/ton $ 4.40/ton $ 2.20/ton $ 4.35/ton 2.50/ton 4.50/ton 5.00/ton $ 1.35/ton 2.00/ton AND WHEREAS, C. S. McCrossan, Inc., is the apparent low bidder most responsible for meeting the specifications for 3/8" (5.0o oil) and 3/8" (5.50 oil) and 3/4" (5.0o oil) and 3/4" (5.50 oil) and Winter Mix bi- tuminous patching mixture; and Barton Sand & Gravel Company, is the apparent low bidder and most responsible for meeting the specifications for Sand, Class 5 Gravel and Granular Material, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for 3/8" (5.0o oil) bituminous patching mixture at $18.75/ton at plant; and for 3/8" (5.50 oil) bituminous patching mixture at $19.75/ ton at plant; and for 3/4" (5.0o oil) bituminous patching mixture at $17.75/ton at plant; and for 3/4" (5.50 oil) bituminous patching mix- ture at $18.60/ton at plant; and for Winter Mix bituminous patching mixture at $26.00/ton at plant to C. S. McCrossan, Inc.; and sand at $2.25/ton at pit and $4.40/ton delivered; and Class 5 Gravel at 59 16 APRIL 1985 $2.20/ton at pit and $4.35/ton delivered; and Granular Material at $1.35/ ton at pit to Barton Sand & Gravel Company, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contracts. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Aaker; absent, not voting: Moravec. Mo -tion carried, -resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered awarding the bid for purchase of bleachers at North Lions Park. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-38 RESOLUTION AWARDING BID FOR BLEACHERS AT NORTH LIONS PARK WHEREAS, the City of Crystal did advertise for bids for the pur- chase of four, 5 -row bleachers for the Park Department, and WHEREAS, such bids were received and publicly opened on April 10, 1985, and tabulated as follows: Stadiums Unlimited, Inc. $3,565 Earl F. Andersen & Associates 3,784 Flanagan Sales, Inc. 4,000 West Central Recreation Supply 4,410 P. M. Johnson's, Inc. 4,620 .AND WHEREAS, Stadiums Unlimited, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for four,, 5 -row bleachers for the Park Department, to Stadiums Unlimited, Inc., in the amount of $3,565.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Aaker; absent, not voting: Moravec. Motion carried resolution declared adopted. ATTEST: Mayor City Clerk 60 16 APRIL 1985 City Engineer William Sherburne explained to the City Council the Minne gasco service repair program ,for the City of Crystal. The City Council discussed possible Charter changes. Moved by Councilmember Herbes and seconded by Councilmember Rygg to activate a Charter Commission. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to table the motion until the next regular Council meeting. Motion Carried. The City Council discussed the Crystal Linoleum project located at 5430 Douglas Drive. Moved by Councilmember Rygg and seconded by Councilmember Smothers to direct staff to look into the availability of industrial revenue bonds through entitlement cities for the Crystal Linoleum & Carpet project. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Pieri to ap- prove 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 Schaaf and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. ATTEST: City Clerk 42 Mayor 61 7 MAY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on May 7, 1985, at 7700 p,r'., at 0141 Douglas Drive, Crystal, Minnesota. The Secretary of t'-ie-o,mcil called the roll and the following were present: Schaaf, Smothers, Herbes, Aaker, Moravec, Rygg; the following were absent: Pieri. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Bill Barber, Assistant Building Inspector; 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 April 16, 1985, were ap- proved. The City Council considered the following Consent Agenda: To set 7:00 P.M., or as soon thereafter as the matters may be heard, May 21, 1985, 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: 1. A request from Steve Book, Jr., for a variance in lot width (40' lot) to build a 241x22' garage at 3537 Major Avenue North. 2. A request from Mike Dolence for a variance of 12' in the side street side yard setback (30' required) to build a 4'x2' fireplace at 3948 Florida Avenue North. 3. A request from Jeffrey and Christine Connors for a var- iance in lot width (40' lot) to build a 20'x24' detached garage at 4259 Welcome Ave. N. 4. A request for variances in parking and property line set- back at 5430 Douglas Drive. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 4, 1985, as the date and time for a public hearing at which time the City Council will consider vacating utility and drainage ease- ments in Tex-Sota (Mini -Storage). Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter 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 Luke Nan Addition located at the southeast quadrant of 47th Avenue and Hampshire Ave. N. (6623 - 47th Ave. N.). The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. 62 7 MAY 1985 Moved by Councilmember Herbes and seconded by Councilmember Moravec to grant tentative approval of proposed plat Luke Nan Addition located at the southeast quadrant of 47th Avenue North and Hampshire Ave. N. (6623 - 47th 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 tentative approval of proposed plat Castonia Buss Addition located at 5419 Lake- land 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 Smothers to grant tentative approval of Castonia Buss Addition, 5419 Lakeland 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 sit as a Board of Adjustments and Appeals to consider a request from Ron Kubes for a variance in lot width (57.93' wide; 60' required) to build a 24'x26' detached garage at 6712 - 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 Smothers to approve the authorization to grant a variance pursuant to Section 515.15, Subd. 2 a) 1, to allow a variance in lot width (57.93' wide; 60' required) to build a 241x26' detached garage at 6712 - 44th Ave. North, as requested in Variance Application #85-19. Motion Carried. The City Council considered a request for a private kennel license from Linda Debner, 3657 Brunswick Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve a private kennel license for Linda Debner, 3657 Brunswick Ave. North. rAotion Carried. The City Council considered a request from the Minnesota Chapter of the Cystic Fibrosis Foundation to the Minnesota Charitable Gambling Control Board for a gambling license at Nicklow's, 3516 Lilac Drive. Ms. Margaret Carlson, Executive Director of the Foundation, was present and heard. No action was taken. The City Council considered a petition for curb and gutter on Jersey Avenue from 59th to 60th Avenue North. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to direct staff to inform the signers of the petition of the percentage required for passage by the Council and if they get a suitable percen- tage of homeowners to sign, they may return the petition to the Coun- cil for consideration. Motion Carried. 63 7 MAY 1985 The City Council considered surety release in the amount of $9,000 for Modern Tool, 5217 Hanson Court, because the site improvement provisions were waived by the City Council, thereby eliminating the need for the surety. Moved by Councilmember Herbes and seconded by Councilmember Smothers to release surety in the amount of $9,000 which was required as a con- dition of building permit approval for Modern Tool, 5217 Hanson Court, because the work requirements were waived by the City Council. Motion Carried. The City Council considered accepting a letter of credit in the amount of $51,000, entering into agreement, and authorizing the issuance of a building permit for Welcome Furniture, 4835 West Broadway. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to accept a letter of credit in the amount of $51,000, as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for Welcome Furniture, 4835 West Broad- way. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to enter into agreement with Welcome Furniture for the purpose of guaran- teeing faithful performance for certain work requirements as a condition of issuance of a building permit at 4835 West Broadway, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the authorization to issue building permit #6300 to Welcome Furniture at 4835 West Broadway, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered a request to waive the fee for a sign per- mit for the annual MS Airlift at the Crystal Airport on May 12, 1985. Moved by Councilmember Smothers and seconded by Councilmember Moravec to waive the fee for a sign permit for the annual MS Airlift at the Crystal Airport on May 12, 1985. Motion Carried. The City Council considered a petition for a 4 -way stop sign in the intersection of 45th Place at Florida Ave. N. Pam Behsman, 4533 Flor- ida; and Jenifer Berg, 6523 45th Place N.; were present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to erect a two-way stop sign on Florida Avenue at 45th Place North. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to amend the motion to direct staff to put temporary "Caution - Children" signs at appropriate locations near the construction site. All voted aye on the amendment. Amendment Carried. All voted aye on the original motion, as amended. Motion Carried. 64 7 MAY 1985 The City Council considered a petition for all heavy construction equip ment and trucks to use another ingress and egress other than 45th Place and Florida Avenue until all street construction is completed. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to deny the request as stated on the petition for all heavy construc- tion equipment and trucks to use another ingress and egress other than 45th Place and Florida Avenue North until all street construction is completed. Motion Carried. The City Council considered bids for the construction of 45th Place from Florida Avenue to dead end east, Street Improvement No. 65-B. 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. 85-39 RESOLUTION AWARDING CONTRACT FOR STREET IMPROVEMENT NO. 65-B WHEREAS, the City of Crystal did advertise for bids for the con- struction of Street Improvement No. 65-B, and WHEREAS, such bids were received and publicly opened on May 1, 1985, and tabulated as follows: Bituminous Roadways, Inc. $75,573.65 Ideal Paving, Inc. 76,135.00 O & P Contracting, Inc. 79,149.78 C. S. McCrossan Construction, Inc. 81,769.00 Alber Construction, Inc. 83,776.25 Dave Perkins Contracting, Inc. 85,637.50 Barber Construction Co., Inc. 88,230.45 G. L. Contracting, Inc. 97,123.35 Munn Blacktop, Inc. 99,000.50 1 AND WHEREAS, Bituminous Roadways, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for Street Improvement No. 65-B, to Bituminous Roadways, Inc., in the amount of $75,573.65, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Aaker; absent, not voting: adopted. ATTEST : .7 City Cler Schaaf, Smothers, Herbes, Moravec, Rygg, Pieri. Motion carried, esolution declared 61 Mayor 65 7 MAY 1985 The City Council considered bids for trees and planting materials for North Lions Park. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following resclution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-40 RESOLUTION AWARDING CONTRACT FOR PLANT MATERIALS AT NORTH LIONS PARK WHEREAS, the City of Crystal did advertise for bids for the pur- chase and installation of plant materials (41 trees) at North Lions Park, and WHEREAS, such bids were received and publicly opened on May 1, 1985, and tabulated as follows: Natural Green, Inc. $7,872.00 AND WHEREAS, Natural Green, Inc., is the only and, therefore, apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for the purchase and installation of plant materials (41 trees) at North Lions Park, to Natural Green, Inc., in the amount of $7,872.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker; absent, not voting: Pieri. Motion carried,/resolution declared adopted. i Mayor ATTEST: City Cler The City Council considered a letter from the Human Relations Commission regarding a human rights award. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to approve the request of the Human Relations Commission to present an award to a deserving citizen involved in improving human rights, with two provisos: (1) eligible award winner must be a resident of the City of Crystal, and (2) the City Council makes the final approval. Motion Carried. M 7 MAY 1985 Moved by Councilmember Schaaf and seconded by Councilmember Smothers to direct staff to investigate the possibility of presenting a medal- lion, or similar award, to a citizen who has exemplified public ser- vice or for meritorious service to the City, with recommendations for deserving citizens coming from the various City Commissions. Motion Carried. The City Council considered requesting a feasibility report, accepting the feasibility report, and setting a date for a public hearing for the 1985 Sealcoat Improvement No. 65-D. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to request a feasibility report for the 1985 Sealcoat Improvement No. 65-D. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept the feasibility report for Sealcoat Improvement No. 65-D, and further, to set 7:00 P.M., or as soon thereafter as the matter can be heard, June 4, 1985, as the time and date for the public hearing to consider Sealcoat Improvement No. 65-D. Motion Carried. The City Council considered a revised Housing Plan for the City of Crys- tal. 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. 85-41 A RESOLUTION ADOPTING A REVISED HOUSING PLAN FOR THE CITY OF CRYSTAL, AND AUTHORIZING ITS SUBMISSION TO THE MET RO- POLTTAN COUNCIL BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota (the City), as follows: 1. The City has prepared and adopted a Housing Plan for the City pursuant to Minnesota Statutes, Chapter 462C, and submitted it for their review to the Metropolitan Council. 2. The Metropolitan Council after review has indicated by com- ment, areas where new or updated information could be added to the Housing Plan. 3. The City staff has prepared a Revised Housinq Plan reflect- ing the comments of the Metropolitan Council and submitted it to this Council for approval. 4. The Revised Housing Plan is approved. 5. The City Manager is authorized and directed to transmit a copy of the Revised Housing Plan to the Metropolitan Council with an appropriate submission letter. 67 7 MAY 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker; absent, not voting: Pieri. Motion carried, solution declared adopted. J \ Mayo ATTEST: t City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Herbes to request City staff to study possible changes in the Housing Maintenance Code and the enforcement thereof. 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 Mayer Electric Com- pany for a variance in the required number of off-street parking spaces (a variance of 17 in the required 19) at 5128 Hanson Court. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. This item was held over until now so the proponent, Jerry Holm of Mayer Electric, could be present and heard. 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 515.09, Subd. 8 q), to grant a variance of 17 off-street parking spaces in the required 19 spaces at 5128 Hanson Court, as recommended by and based on the findings of fact of the Planning Commission. Moved by Councilmember Smothers and seconded by Councilmember Moravec to table the matter until a letter from Modern Tool Company is received regarding possible parking spaces. Motion Carried. The City Council considered additions to the microphone system for the Council Chambers. Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue until May 21, 1985, the discussion of additions to the microphone system in the Council Chambers. Motion Carried. The City Council considered the motion to establish a Charter Commission. Moved by Councilmember Herbes to send a list of prospective members to Judge Fitzpatrick for the purpose of establishing a Charter Commis- sion. Motion Failed for Lack of a Second. The City Council considered the appropriation of $39,000 from the PIR Fund for the construction of a metal storage shed at the City Garage area. 7 MAY 1985 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. 85-42 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to construct a post frame type, metal clad, cold storage building addition, at the City Garage site, and WHEREAS, the cost of such improvement is estimated to be $39,000.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $39,000.00 for the construc- tion of a post frame type, metal clad, cold storage building addition at the City Garage site as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker; absent, not voting: Pieri. Mo t o carried _e7 lut ion declared adopted. i ATTEST: City Cler Mayor Councilmember Smothers reported on the meeting the parking ordinance committee had recently. By common consent, the City Council requested staff to draft a new set of guidelines for enforcing 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 Schaaf to adjourn the meeting. Motion Carried. Zig L ti- Mayor ATTEST- City Clerk 21 MAY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on May 21, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the council called the roll and the following were present: Schaaf, Smothers, rTer')es, Pieri, Aaker, Moravec, Tygg. Also present were the �nllo-inc- staff members: John Irving, City Manager; Dave Kenner -,7, (it 7 T_ttorney; Tohn Olson, Assistant City Manager; William Sherburne, City F?nnineer; non Peterson, Building Inspector; 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 May 7, 1985, were approved. The City Council considered the following items on the Consent Agenda: To set 7:00 P.M., or as soon thereafter as the matters may be heard, June 4, 1985, as the time and date for public hearings at which time the City Council will sit as a Board of Adjustments and Appeals to con- sider: 1. A request from Jean and Scott Hamel for a variance of 3' in the required lot width to build a 241x24' detached garage at 4324 Brunswick Ave. N. 2.. A request from Bonnie Kay Anderson for a variance of 6' in the required rear yard setback to build an 18'x25'.deck at 7011 Markwood Drive. 3. A request from Bernie Frey of Dallas Development Company for a variance of 8 parking spaces in the required 67 parking spaces at 2960 Winnetka Ave. N. and, to set 7:00 P.M., or as soon thereafter as the matter may be heard, June 4, 1985, as the time and date, as advertised, for a public hearing at which time the City Council will consider: 4. Tentative approval of Palace Inn Addition, located at the northwest corner of West Broadway and Bass Lake Road. 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 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 Steve Book for a variance of 20' in the required 60' lot width to build a 24'x22' de - tacked garage at 3537 Major Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Book was present and heard. 70 21 MAY 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve variance Application #85-20 for a variance, pursuant to Sec- tion 515.55 of the Crystal City Code, by granting an exception to the provisions of Section 515.15, Subd. 2 a) to allow a variance of 20' in the required 60' lot width to build a 22'x24' detached garage at 3537 Major Avenue North. 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 Michael Dolence for a variance of 14' in the required 30' side street side yard setback to construct a fireplace chimney at 3948 Florida Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Dolence was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve Application #85-22 for a variance, pursuant to Section 515.55 of the Crystal City Code, by granting an exception to the provisions of Section 515.13, Subd. 3 b) to allow a variance of 14' in the required 30' side street side yard setback to construct a fireplace chimney at 3948 Florida 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 sit as a Board of Adjustments and Appeals to consider a request from Jeffrey and Chris- tine Connors for a variance of 20' in the required 60' lot width to build a 201x24' detached garage at 4259 Welcome Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Jeffrey Connors was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve Application #85-24 for a variance, pursuant to Section 515.55 of the Crystal City Code, by granting an exception to the provisions of Section 515.15, Subd. 2 a) to allow a variance of 20' in the required 60' lot width to build a 20'x24' detached garage at 4259 Welcome Ave. N. Motion Carried. The City Council considered a Developer's Agreement with Crystal Lino- leum for a retail/office development located at 5430 Douglas Drive. Dennis Persons was present and heard. The City Attorney advised that the development contract had not yet been approved by the HRA, but that they were scheduled to approve it at their Special meeting on May 22. Moved by Councilmember Rygg and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 71 21 MAY 1985 RESOLUTION NO. 85-43 RESOLUTION APPROVING THE DEVELOPMENT CONTRACT WITH PARK PLACE DEVELOPERS BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. There has been presented to the City Council a form of a pro- posed development contract between Park Place Developers, the Housing and Redevelopment Authority of the City and the City entitled "Contract for Private Development" relating to a proposed 26,000 square foot re- tail/office building by the Developer in the Bass Lake Road/Becker Park redevelopment project area. 2. It is determined that it is in the best interests of the City and the redevelopment project that the City enter into the development contract. 3. The Mayor and City Manager are authorized and directed to exe- cute and deliver the development contract and to take all other actions necessary to carry out the transactions contemplated thereby. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared adopted. ' Mayor ATTEST: City Clerk The City Council considered the First Reading of an ordinance rezoning property at 5430 Douglas Drive from R-4 to PUD. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on June 4, 1985. 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 Dennis Persons to grant a variance in locating the barrier curb 0' from the lot line in lieu of the 5' required from the lot line at 5430 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions con- cerning the variance. No one appeared. 72 21 MAY 1985 Moved by Councilmember Rygg and seconded by Councilmember Moravec to ap- prove Application #85-26 for a variance, pursuant to Section 515.55 of Crystal City Code, by granting an exception to the provisions of Sec- tion 515.09, Subd. 4 h) 15) to allow a variance in locating the barrier curb 0' from lot line in lieu of the required 5' from lot line at 5430 Douglas Drive. 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 Dennis Persons for a variance of 34 parking spaces in the required 168 parking spaces at 5430 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to appove Application #85-27 for a variance, pursuant to Section 515.55 of the Crystal City Code, by granting an exception to the provisions of Section 515.09, Subd. 8 t) to allow a variance of 34 parking spaces of the required 168 parking spaces at 5430 Douglas Drive. Motion Carried. The City Council considered the continued public hearing regarding a request from Mayer Electric for a variance in the required number of off-street parking spaces (a variance of 17 in the required 19) at 5128 Hanson Court. 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 Smothers to approve Application #85-13 for a variance, pursuant to Section 515.55 of the Crystal City Code, by granting an exception to the provisions of Section 515.09, Subd. 8 q) to allow a variance of 17 off-street parking spaces in the required 19 spaces at 5128 Hanson Court. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Moravec; voting no: Aaker. Motion Carried. The City Council considered an off -sale liquor license for WJW, Inc. dba Stephen's Liquor Store, 2728 Douglas Drive, and cancelling the li- cense of Stephen's Liquor Store, Inc. Mr. Wheeler, of WJW, Inc., was present and heard. Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve the application from WJW, Inc. dba Stephen's Liquor Store, for an off -sale liquor license at 2728 Douglas Drive, and simultaneously cancel the off -sale liquor license of Stephen's Liquor Store, Inc. dba Stephen's Liquor Store, 2728 Douglas Drive, effective 8:00 A.M., June 3, 1985. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to refund the fee of $200 to Stephen's Liquor Store, Inc., which had been submitted for the 1985-86 license year. Motion Carried. 73 21 MAY 1985 The City Council considered a contract for private development between the City of Crystal, the Crystal HRA and Becker Park Housing Limited Partnership. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-44 RESOLUTION APPROVING THE DEVELOPMENT CONTRACT WITH BECKER PARK HOUSING LIMITED PARTNERSHIP BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. There has been presented to the City Council a form of a pro- posed development contract between Becker Park Housing Limited Partner- ship, the Housing and Redevelopment Authority of the City and the City entitled "Contract for Private Development" relating to a proposed ninety unit retail housing development for the elderly by the Developer in the Bass Lake Road/Becker Park redevelopment project area. 2. This Council has been informed that the Housing and Redevelop- ment Authority has authorized the execution of the development contract. 3. It is determined that it is in the best interests of the City and the redevelopment project that the City enter into the development contract. 4. The Mayor and City Manager are authorized and directed to exe- cute and deliver the development contract and to take all other actions necessary to carry out the transactions contemplated thereby. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Rygg, Moravec, Aaker. Motion carried, resolution declared adopted. Mavor ATTEST : City Clerk The City Council considered a request from Cyril Silberman for a build- ing permit to build an airplane storage hangar on Lot 80A at Crystal Airport. The proponent requested that this item be continued to the next meeting. Moved by Councilmember Moravec and seconded by Councilmember Smothers to continue until June 4, 1985, the discussion of a request for a building permit for an airplane storage hangar on Lot 80A at Crystal Airport. Motion Carried. 74 21 MAY 1985 The City Council considered setting surety in the amount of $22,000 for work required as a condition of issuance of a building permit for Meineke Muffler, 5259 Douglas Drive. John Day was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Pieri to set surety in the amount of $22,000, as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for Meineke Muffler Shop, 5259 Douglas Drive, as recommended by the City Engineer. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to issue building permit 46494 for a 48'8"x 40' auto repair -muffler shop at 5259 Douglas Drive to Meineke Muffler, subject to standard procedure, as recommended by the Planning Commission; also subject to receipt of bond and signed agreement within fourteen days. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; voting no: Schaaf. Motion Carried. The City Council considered bids for the construction of Florida Avenue from 55th to 56th Avenue North. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-45 RESOLUTION AWARDING BID FOR CONSTRUCTION OF FLORIDA AVENUE FROM 55TH TO 56TH AVENUES NORTH WHEREAS, the City of Crystal did advertise for bids for construc- tion of Florida Avenue from 55th to 56th Avenues North, and WHEREAS, such bids were received and publicly opened on May 15, 1985, and tabulated as follows: Northdale Construction Co., Inc. $178,368.40 Barbarossa and Sons, Inc. $184,868.00 Nodland Construction Co., Inc. $185,337.00 AND WHEREAS, Northdale Construction Co., Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for construction of Florida Avenue from 55th to 56th Avenues North, to Northdale Construction Co., Inc., in the amount of $178,368.40, and 75 21 MAY 1985 BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared a_Qpted. Mayor ATTEST: City Clerk The City Council considered an agreement with Hennepin County for the reconstruction of Douglas Drive from 27th Avenue to 41st Avenue North. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-46 RESOLUTION RELATING TO AN AGREEMENT WITH HENNEPIN CO[JNTY FOR THEIR PROJECT NO. 6820, DOUGLAS DRIVE, 27TH AVENUE TO 41ST AVENUE NORTH BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager are authorized to enter into an agree- ment with Hennepin County, Agreement No. PW 17-09-85 CSAH 102, County Project No. 6820 SAP 27-702-08, AND FURTHER, that the Mayor and City Manager be authorized to sign such Agreement. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered the appointment of a Weed Inspector for 1985. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the appointment of a weed inspector for the City of Crystal for 1985. Motion Carried. 76 21 MAY 1985 The City Council considered a resolution authorizing dispatch and use of City equipment and services by the City Manager in emergency situ- ations. 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. 85-47 RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY MANAGER IN EMERGENCY SITUATIONS. WHEREAS, the City Council finds that instances have occurred in the past and can be anticipated in the future wherein there is a danger by fire, hazard, casualty or other similar occurrences taking place or occurring outside the territorial limits of the City of Crystal, and by the suddenness thereof it would be impossible or impractical for the City Council to meet and authorize the dispatch and use of City equipment and personnel to combat such fire, hazard, casualty or other similar occurrence, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: The Council finds it desirable and necessary to authorize the City Manager or his designee to exercise discretion, considering at all time and in each case the internal needs of the City of Crystal and its in- habitants, to dispatch City equipment and personnel as deemed necessary to combat such occurrence whether it takes place within or without the City limits, and BE IT FURTHER RESOLVED that such dispatch and use as directed by the City Manager or his designee shall be fully authorized as an act of the City of Crystal and all provisions for compensation of personnel, rental of equipment, liability insurance coverage, worker's compensa- tion insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply in each case as if spec- ifically authorized and directed by this City Council at such time, whether or not the governing body or authority of the place in which the fire, hazard, casualty or other similar occurrence exists, has pre- viously requested and provided for assistance and the use of the City of Crystal equipment and personnel under a mutual protection agreement or other type protection agreement with the City of Crystal. FURTHER, the City Manager or his designee shall recall, order and terminate the use of such equipment and personnel when the need for their use no longer exists, or earlier, when at his discretion it ap- pears in the best interest of the City of Crystal. 77 21 MAY 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared a ted. s ATTEST: City Clerk The City Council considered Change Order No Fire Station. Mayor 2 for the John T. Irving Moved by Councilmember Rygg and seconded by Councilmember Schaaf to approve Change Order No. 2 for the John T. Irving Fire Station, and further, to authorize the Mayor and City Manger to sign such contract. Motion Carried. The City Council considered changes in the operating guidelines for the parking ordinance. The City Manager will have a report prepared for the next Council meeting. The City Council considered a change in the microphone sound system for the Council Chambers. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to authorize the wiring of the microphones through the Council table. Motion Carried. The City Council reviewed Councilmember Rygg's expense sheet for the National League of Cities Conference in Washington, D. C., in March, 1985. By common consent, the City Council requested that staff make a report on the fire equipment at the Crystal Airport and the training plan, and also the training plan with regard to nuclear waste. 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 Counilmember Herbes and seconded by Councilmember Schaaf to adjourn the meeting. -Motion Carried. "L_ ATTEST: Mayor City Clerk um 4 JUNE 1985 BOARD OF EQUALIZATION Pursuant to due call and notice thereof_, the City of Crystal Council convened as a Board of Equalization on June 4, 1985, 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: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Roger Olson, City Assessor; John Olson, Assistant City Man- ager; William Sherburne, City Engineer; Dan Smith, Assistant City En- gineer; 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. Mayor Aaker asked Tom May, Assistant Hennepin County Assessor, to dis- cuss the 1985 assessment rolls and answer questions from those present. Those present and making appeals were: Richard Rodenborn, 4722 Perry Ave. N.; James R. Berge, 5221 - 56th Ave. N.; and Mr. Fleming, 5101 Lakeland Ave. N. Written appeals were made by: Donovan and Peary Robinson., 8209 - 33rd Ave. N.; Connecticut General Life Insurance Co., PID 20-118-21 23 0015 and PID 20-118-21 23 0016; Robert J. Lukes, representing Kubinski-Pal- mer, fee owner of PID 05-118-21 42 0063 and PID 05-118-21 42 0066; and Gary C. Eidson representing owner at 4356 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Pieri to affirm the assessment rolls as presented by the City Assessor. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adjourn the meeting of the Board of Equalization. ATTEST: City Clerk Motion Carried. Mayor I� 1 WE 4 JUNE 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 4, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Dan Smith, Assistant 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. The minutes of the regular Council meeting of May 21, 1985, were ap- proved. 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, June 18, 1985, 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: 1. A request from Ronald E. Schutz for a variance in the rear yard to build a 12'x12' deck at 5420 Fairview Ave. N. 2. A request from John Schaaf for a variance to expand a non- conforming use to add a 12'x12' screen porch at 4908 Quail. 3. A request from John Schaaf for a variance to allow a 26'x30' garage to be built in the front yard at 4908 Quail Ave. N. To set 7:00 P.M., or as soon thereafter as the matter may be heard, June 18, 1985, as the time and date for a public hearing to consider tentative approval of proposed plat HRA 4th Addition. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Aaker declared this was the time and date as advertised for a public hearing to consider Sealcoat Improvement No. 65-D. The Mayor asked those present to voice their opinions or ask questions concern- ing Sealcoat Improvement No. 65-D. Those present and heard were: Len Ziebarth, 4437 Vera Cruz Mrs. Gordon Schmidt, 6424 - 43rd Ave. N. Tom Sieck, 49th & Jersey Del Twidt, 4524 Maryland Mr. Twidt also presented a petition from his neighborhood. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: N 4 JUNE 1985 RESOLUTION NO. 85-48 RESOLUTION ORDERING IN THE CONSTRUCTION OF SEALCOAT IMPROVEMENT NO. 65-D WHEREAS, it has been proposed to proceed with Sealcoat Improve- ment No. 65-D, 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 May 23 and May 30, 1985, which hearing was held on June 4, 1985, 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. 65-D, shall be hereinafter designated Sealcoat Improvement No. 65-D, and 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 Sealcoat Improvement No. 65-D, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Sealcoat Improvement No. 65-D. By roll call and voting aye; Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker_. Motion carried, resolution declared 94-gpted. f Mayor 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 sit as a Board of 4 JUNE 1985 Adjustments and Appeals to consider a request from Scott and Jean Hamel for a variance of 3' in the required 60' lot width to build a 24'x24' detached garage at 4324 Brunswick Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the authorization to grant a variance pursuant to Section 515.15, Subd. 2 a) 1) to build a 24'x24' garage at 4324 Brunswick Ave. N., as requested in Variance Application #85-29T. 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 Bonnie Kay Anderson for a variance of 6' in the required 40' rear yard setback to build a 181x25' deck at 7011 Markwood Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 4 a) to allow construction of a 18'x25' deck at 7011 Markwood Drive, as requested in Variance Application #85-28. 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 consider a request to vacate the drainage and utility easements dedicated in the plat of Tex Sota Addition. The site is located at 5500 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the vacation of the drainage and utility easements. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on June 18, 1985. 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 8 off-street parking spaces of the required 67 parking spaces at 2960 Winnetka Ave. N. The Mayor asked those pre- sent to voice their opinions or ask questions concerning the variance. No one appeared. 4 JUNE 1985 Moved by Councilmember Pieri and seconded by Councilmember Herbes that pursuant to Section 515.55 of the Crystal City Code, and as recommended by and based on the findings of fact of the Planning Commission, to vary or modify the strict application of Section 515.09, Subd. 8 m) and t) to grant a variance of 8 parking spaces of the required 67 park- ing spaces at 2960 Winnetka Ave. N., as requested in Variance Applica- tion #85-25A. Motion Carried. The City Council considered the release of surety in the amount of $55,000 for the office building at 2960 Winnetka Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for the office building at 2960 Winnetka Avenue North, subject to guar- anty provisions of the agreement, effective this date, and that surety of The Travelers Indemnity Co. of Connecticut No. 896E887-7 in the amount of $55,000 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property at 5430 Douglas Drive from R-4 to PUD. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 85-9 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS. and further, that this be the second and final reading. Motion Carried. The City Council considered a request from Cyril Silberman for a build- ing permit to build a 401x137' airplane storage hangar on leased Lot 80A, Crystal Airport. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to issue building permit #6460, as recom- mended by and based on the findings of fact of the Planning Commission, for a 40'x137' airplane storage hangar on Lot 80A, Crystal Airport, subject to standard procedure. Motion Carried. The City Council considered bids for remodeling the Police Department for a new radio dispatch system. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1 4 JUNE 1985 RESOLUTION NO. 85-49 RESOLUTION AWARDING BID FOR CRYSTAL POLICE STATION REMODELING WHEREAS, the City of Crystal did advertise for bids for remodel- ing the Crystal Police Station, and WHEREAS, such bids were received and publicly opened on May 29, 1985, and tabulated as follows: Morcon Construction, Inc. $29,703 Antco Construction Co. 34,017 Zastrow-Nasset Const., Inc. 34,250 Donahue Construction, Inc. 35,000 AND WHEREAS, Morcon Construction, Inc., is the apparent low bid - der, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for remodeling the Crystal Police Station to Morcon Con- struction, Inc., in the amount of $29,703.00, and authorizes the dis- bursement of monies from the Permanent Improvement Account of the Per- manent Improvement Revolving Fund in a sufficient amount to implement the project, as previously approved by the Council, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared adopted. ATTEST: City Cler Mayor The City Council considered changes in the parking ordinance opera- tional guidelines. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the new parking ordinance operational guidelines, as pre- sented, dated June 4, 1985. By roll call and voting aye: Schaaf, Smothers, Pieri, Moravec, Aaker; voting no: Herbes, Rygq. Motion Carried. The City Council considered placement of signs regarding City parking regulations. 83 ME 4 JUNE 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers to continue the discussion of placing signs regarding City parking regulations until the next regular Council meeting. Motion Carried. The City Council considered a contract with Police Supervisors for 1985. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the contract with the Police Supervisors for 1985, as out- lined in a letter to the City Manager from the business agent of Law Enforcement Labor Services, Inc., dated May 31, 1985, retroactive to January 1, 1985. Motion Carried. The City Council considered the Housing Maintenance Code. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to continue for two months the discussion of the Housing Maintenance Code, and also to refer the document to the Crystal Housing and Rede- velopment Authority and the Crystal Planning Commission for their con- sideration and comments. Motion Carried. The City Council considered a Joint Powers Agreement for sharing indus- trial revenue bond funds with Brooklyn Center. Moved by Councilmember Pieri and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-50 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AC'REEMENT WITH THE CITY OF BROOKLYN CENTER BE IT RESOLVED by the City Council of the City of Crystal: 1. The City of Crystal and the City of Brooklyn Center are de- sirous of entering into a joint powers agreement pursuant to Minnesota Statute, Section 474.18, Subd. 4 for the sharing of entitlement amounts of industrial development revenue bond financing. 2. This Council has reviewed a proposed joint powers agreement between the Cities for the purpose stated in Section 1, and finds that the execution of the agreement is in the best financial interest of the City of Crystal. 3. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 4. The City Manager is directed to transmit a certified copy of the resolution to the City Manager of the City of Brooklyn Center. 4 JUNE 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declaredted. C I Mayor ATTEST: City Clerk The City Attorney left the meeting at 8:45 P.M. The City Council considered a one -day gambling license for the Robbins - dale Jaycees for the John Scanlon Memorial Benefit Dance to be held at the Knights of Columbus Hall in Crystal on Friday, June 7, 1985. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve a one -day gambling license for the Robbinsdale Jaycees for the John Scanlon Memorial Benefit Dance to be held at the Knights of Columbus Hall in Crystal on June 7, 1985, and further, to waive the fee for that license. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Herbes to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the addition of a tree trimming license for Arbor Tree Service, 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. i Mayor ATTEST: City Clerk MM. 18 JUNE 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on June 18, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the council called the roll and the following were present: Schaaf, Smothers, llerbes, Pieri, Aaker, Moravec, Rygg. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, City Building Inspector; 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 Board of Equalization and the minutes of the reg- ular Council meeting of June 4, 1985, were approved. 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 2, 1985, 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: 1. A request from Darrell Holm for a variance to the side street setback to build a 12'x14' deck at 5801 Quail. 2. A request from Don Adams for in the side street setback to 5334 Fairview Ave. N. a variance to encroach 20' build a 12'x20' deck at To set 7:00 P.M., or as soon thereafter as the matter may be heard, July 16, 1985, as the time and date for a public hearing at which time the City Council will consider tentative approval of Roberta Addition, located at 5601 Vera Cruz Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereaf-ter 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 Ronald E. Schutz for a variance of 12' in the required 40' rear yard setback to build a 13'x12' three -season porch on the existing house at 5420 Fairview 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 Smothers to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 4 a) to allow a variance of 12' in the required 40' rear yard setback to build a 13'x12' three -season porch on the exist- ing house at 5420 Fairview Ave. N., as requested in Variance Applica- tion #85-31T. Motion Carried. 87 18 JUNE 1985 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 John Schaaf for a variance to expand a non -conforming use to build a 14'x14' screened porch at 4908 Quail Ave. N. The mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Pieri and seconded by Councilmember Moravec to approve the authorization to grant a variance pursuant to Section 515.05, Subd. 2 to expand a non -conforming use to build a 141x14' screened porch at 4908 Quail Ave. N., as requested in Variance Appli- cation #85-33. 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 John Schaaf for a variance to allow the building of a 261x30' detached garage in the front half of the lot at 4908 Quail 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 Smothers to approve the authorization to grant a variance pursuant to Section 515.07, Subd. 5 c) 1) to build a 26'x30' detached garage in the front half of the lot at 4908 Quail Ave. N., as requested in Variance Appli- cation #85-34. 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 HRA 4th Addition, located at 55th and Doug- las Drive. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to grant tentative approval of proposed plat HRA 4th Addition. 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 Palace Inn Addition, located at 5607 Bass Lake Road. 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 Pieri to grant tentative approval of proposed plat Palace Inn Addition, located at 5607 Bass Lake Road. Motion Carried. Ms. Shelly Stuart, of the Animal Humane Society, appeared before the Council to request funds for their organization. N 18 JUNE 1985 Moved by Councilmember Pieri and seconded by Councilmember Rygg to adopt the followinq resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-51 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to contribute funds to the Animal Humane Society, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal, pursuant to Minnesota Statutes Section 343.11, authorizes the disbursement of $1,012.50, for the welfare of animals to the Animal Humane Society, as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Motavec, Rygg, Aaker. Motion carried, resoluti, declared ed. Mayor ATTEST: City Clerk Harold Skjelbostad, of BRW, Inc., appeared before the City Council to present the Becker Park plan. Mowed by Councilmember Rygg and seconded by Councilmember Smothers to direct staff to include a child -proof fence in the plan. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Moravec to direct staff to determine a logical place for another bathroom fa- cility, together with a cost comparison for that addition. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Schaaf tc grant temporary approval to the plan as presented, with the above- mentioned amendments. Motion Carried. The City Council considered a request from Linda Dombrock for a pri- vate kennel license at 4361 Welcome Ave. N. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve a private kennel license for Linda Dombrock at 4361 Wel- come Ave. N. Motion Carried. The City Council considered a request from Ted and Linda Rich for a private kennel license at 2921 Idaho Ave. N. No one appeared. 18 JUNE 1985 Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve a private kennel license for Ted and Linda Rich, at 2921 Idaho Avenue North. Motion Carried. A representative of American Dairy Queen Corporation appeared before the Council to request a building permit for remodeling the existing building at 6827 - 56th Avenue North. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to approve the authorization to issue building permit #6615 to American Dairy Queen Corporation for remodeling the existing building located at 6827 - 56th Ave. N., subject to standard procedure, as recommended by the Planning Commission; also subject to removal of the present frying pan sign. Motion Carried. The City Council considered a request from Target Stores for a building permit to construct two screening walls at 5537 West Broadway. Ron Cabeen, District Manager of Target, was present anO heard. Moved by Councilmember Pieri and seconded by Councilmember Herbes to deny the issuance of building permit #6613 to Target Stores to build two screening walls at 5537 West Broadway. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to direct staff to withhold the issuance of citations for sixty days from this date to allow Target Stores to come back to the Planning Commis- sion within that time with plans for a permanent structure and further, that outside storage not exceed twenty-three trailers within that sixty- day period. By roll call and voting aye: Rygg, Moravec, Smothers, Schaaf, Aaker; voting no: Pieri, Herbes. Motion Carried. The City Council considered a request from Marge Buss for a variance to the sign ordinance to erect a 345 sq. ft. wall sign at 5419 Lake- land Ave. N. The proponent was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Pieri to deny the authorization to grant a variance to the sign ordinance, as requested in Application #S85-3. By roll call and voting aye: Pieri, Rygg, Aaker; voting no: Schaaf, Smothers, Herbes, Moravec. Motion Failed. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the authorization to grant a variance to the sign ordinance pursuant to Section 406.19 to erect a 345 sq. ft. wall sign at 5419 Lakeland Ave. N., as requested in Application #S85-3, based on a hard- ship which is unique to the property and the architecture of their building. By roll call and voting aye: Moravec, Herbes, Smothers, Schaaf; voting no: Rygg, Pieri, Aaker. Motion Carried. 18 JUNE 1985 The City Council considered a request from the Crystal Fire Department for a parade permit for the Crystal Frolics on July 28, 1985. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the request for a parade permit for the Crystal Frolics on July 28, 1985 for the Crystal Fire Department. Motion Carried. The Mayor called a recess at 8:40 P.M. and reconvened the meeting at 8:50 P.M. Greg Fries, Manager of the Crystal Airport, appeared before the City Council to discuss Crystal Airport operations. The City Council considered the quarterly report regarding activities at the Iron Horse Restaurant. The following persons were present and heard: Phil Eder and Jay Samuelson of the Iron Horse; Ron Griebe, 5632 Brunswick; and Ron Wrobleski, 5640 Brunswick Ave. N. The City Council considered final approval of Schweitzer 2nd Addition, located at 3245 Vera Cruz Ave. N. Discussion was held with regard to the possibility of the applicant surfacing their parking lot. The City Council considered the Second Reading of an ordinance vaca- ting a utility easement in the Tex-Sota Addition. Moved by Councilmember Pieri and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85-10 AN ORDINANCE VACATING UTILITY 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 rezoning property located at 55th Avenue between Douglas Drive and Burlington Northern Railroad from I-1 and B-4 to R-4. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on July 2, 1985. Motion Carried. The City Council considered placement of parking ordinance signs at entrances to the City of Crystal. 91 18 JUNE 1985 Moved by Councilmember Moravec and seconded by Councilmember Smothers to post parking ordinance restrictions at strategic locations with signage as recommended by the City Engineer. Motion Carried. The City Council considered a resolution regarding an agreement with the Minnesota Waste Management Board for lease renewal at Thorson Com- munity Center. 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. 85-52 RESOLUTION RELATING TO AN AGREEMENT WITH THE MINNESOTA WASTE MANAGEMENT BOARD BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into an agree- ment with the Minnesota Waste Management Board for renewing their lease at Thorson Community Center, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared a ted, �-% Mayor ATTEST: City Clerk The City Council considered a Joint Powers Agreement for the Five -City Senior Transportation 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. 85-53 A RESOLUTION RELATING TO A JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF THE FIVE -CITY SENIOR TRANSPORTATION PROJECT: APPOINTING THE CITY MANAGER AND ONE REPRESEN- TATIVE AS MEMBERS OF THE COMMITTEE TO ADMINISTER THE SENIOR TRANSPORTATION PROGRAM BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into a Joint Powers Agreement for the establishment of the Five -City Senior Trans- portation Project, appointing the City Manager and one representative as members of the Committee to administer the Senior Transportation Program, 18 JUNE 1985 AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resoluti eclared rated. Mayor ATTEST: City Clerk The City Council considered additional lighting for the City of Crystal Council Chambers. Moved by Councilmember Schaaf and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-54 RESOLUTION AWARDING BID WHEREAS, the City of Crystal did invite bids for additional light- ing in the Council Chambers, and WHEREAS, the following bids were received: Mayer Electric Corporation $4,500 CSI Electric, Inc. $1,725 NOW, THEREFORE, BE IT HEREBY RESOLVED that the bid for additional lighting be awarded to CSI Electric, Inc. in the amount of $1,725.00, AND FURTHER, that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared aaepted. ILI ATTEST: City Clerk / Mayor The City Council considered awarding a contract to Bury Carlson for bituminous patching mixture. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 93 18 JUNE 1985 RESOLUTION NO. 85-55 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for bituminous patching mixture, and WHEREAS, such bids were received and publicly opened on April 10, 1985, and tabulated as follows: 5.0% Oil 5.5% Oil Bury & Carlson, Inc. $22.60/ton $24.25/ton AND WHEREAS, Bury & Carlson, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for bituminous patching mixture to Bury & Carlson, Inc., in the amount of $22.60/ton for 5.0o Oil, and $24.25/ton for 5.5% Oil, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declared ed. (� t 1 Mayor ATTEST: City Clerk The City Council considered release of surety in the amount of $5,000 for Nevada Court development. Moved by Councilmember Herbes and seconded by Councilmember Rygg to accept the work required as a condition of building permit approval for the Nevada Court development, subject to guaranty provisions of the agreement, effective this date, and that surety in the amount of $5,000 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered the improvement of the intersection of High- way #169 and County Road #10 (Bass Lake Road) . Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the authorization for the City Manager to proceed with the plans for the construction of the Highway #169 and County Road #10 intersection. Motion Carried. 94 18 JUNE 1985 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. 85-56 RESOLUTION REQUESTING "OFF SYSTEM" STATE AID FUNDS WHEREAS, it has been deemed advisable and necessary for the City of Crystal to participate in the cost of reconstruction of the inter- section of Highway 169 and County Road 10, (MSAP 116-010-05 R/W) WHEREAS, the City of Crystal, County of Hennepin and State of Min- nesota have agreed to reconstruct the intersection of Highway 169 and County Road 10, and WHEREAS, County Road 10 is a County Municipal State Aid Highway and is eligible for on system State Aid funding, and WHEREAS, Highway 169 construction would be an off system project under cooperative agreement with the Minnesota Department of Transpor- tation, and WHEREAS, the cost sharing agreement provides that the City of Crys- tal furnish all right of way needed for the revision, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal does hereb appropriate from our Municipal State Aid Street Fund, an amount of $900,000 to apply toward the purchase of right-of-way, and to request the Commissioner of Transportation to approve this authorization. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution declareday�� ted. , Z ATTEST: City Clerk Mayor The City Council considered a request by staff regarding building permits for Crystal Galleries. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the request to authorize the issuance of building permits for the Crystal Gallery project, if the permit is for minor adjustments within the structure to accommodate new tenants, and if it meets City Code and if it follows the general concept of the proposed plan as it was approved by the City Council. Motion Carried. 18 JUNE 1985 Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which is on file in the office of the City Clerk, with the exception of the licenses for Dorian Enterprises, Inc., 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, the following motion was made: Moved by Councilmember Pieri and seconded by Councilmember Schaaf to approve the on -sale liquor, tavern, Sunday liquor sale applications of Dorian Enterprises, Inc. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Smothers to direct staff to draft language for a nudity ordinance for the City of Crystal. Motion Carried. By common consent, the City Council directed the City Manager, City At- torney and Police Chief to investigate allegations that are being brought forth by residents regarding the Iron Horse, and that the City Manager and the City Council meet to get Council direction on investi- gative items, and further, to continue with monthly Police reports and quarterly Fire Department reports. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor 95 2 JULY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 2, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker, Moravec, Rygg. Also present were the followinu staff members: John Irving, City Manager; Terry Hall, City Attorney's Office; John Olson, Assistant City Manager; Dan Smith, Assistant City Fnr;ineer; Don Peterson, Building Inspector; and Darlene George, Deputy 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 June 18, 1985, were ap- proved. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the following item on the Consent Agenda: To set 7:00 P.M., or as soon thereafter as the matter may be heard, July 16, 1985, as the time and date for a public hear- ing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Patrick and Ann Sauter for a variance to remodel the existing hose and a large garage at 4026 Hampshire 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 sit as a Board of Adjustments and Appeals to consider a request from Darrell Holm for a variance of 9' in the required 25' side street side yard setback to build a 12'x14' deck at 5801 Quail Ave. N. The 11,1ayor asked those pre- sent to voice their opinions or ask questions concerning the variance. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 3 a) 2) ii) to allow a variance of 9' in the required 25' side street side yard setback to build a 12'x14' deck at 5801 Quail Ave. N., as requested in Variance Application #85-35A. 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 Don Adams for a variance of 20' in the required 30' side street side yard setback to build a 12'x20' deck at 5334 Fairview Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. Moved by Councilmember Pieri and seconded by Councilmember Schaaf that pursuant to Section 57.5.55 of the Crystal City Code a -:o vary or modify the strict application of Section 515.13, Subd. 3 a) 2) ii) to grant a variance of 20' in the required 30' side street side yard setback for a 12'x20' deck on the existing house at 5334 Fairview Ave. N,., as requested in Variance Application 485-32T, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. 97 2 JULY 1985 The City Council considered a request to discontinue designated bike routes within the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Pieri to discontinue the bike routes in the City of Crystal. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to table until July 16, 1985, the discussion of the discontinuance of bike routes in Crystal, and further, to refer the matter to the Park and Recreation Advisory Commission for their review. Motion Carried. The City Council considered plans for restrooms and a fence in rede- veloped Becker Park. Harold Skjelbostad, of BRW, Inc., was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to table until July 16, 1985, the discussion of plans for restrooms in redeveloped Becker Park, and further, to refer the matter to the Park and Recreation Advisory Commission for their review. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to table until July 16, 1985, the discussion of the plans for fencing in redeveloped Becker Park, and further, to refer the matter to the Park and Recreation Advisory Commission for their review. Motion Carried. The City Council considered accepting surety in the amount of $22,000 from John Day for Meineke Muffler, 52.59 Douglas Drive, and also enter- ing into agreement for the improvement. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to accept surety in the amount of $22,000, from John Day as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for Meineke Muffler, 5259 Douglas Drive. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Herbes to enter into agreement with Meineke Muffler for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of issuance of a building permit for Meineke Muffler, 5259 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 #6494 for a 48'8"x40' auto repair -muffler shop at 5259 Douglas Drive, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered setting surety in the amount of $9,500 for improvements as part of plat approval of Schweitzer 2nd Addition. 2 JULY 1985 Moved by Councilmember Herbes and seconded by Councilmember Pieri to set surety in the amount of $9,500 as a guaranty of faithful perfor- mance of certain work requirements as a condition of plat approval for Schweitzer 2nd Addition, as recommended by the City Engineer. Motion Carried. The City Council considered reduction in surety from $310,000 to $30,000 for Crystal Green. Moved by Councilmember Smothers and seconded by Councilmember Rygg to reduce surety from $310,000 to $30,000 for Crystal Green because a portion of the work required to be performed as a condition of plat approval for the aforementioned plat has been completed, as recommended by the City Engineer. Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property located at 55th Avenue between Douglas Drive and Burling- ton Northern Railroad from I-1 and B-4 to R-4. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 85-11 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. The City Council considered appointment of a representative to the Five -City Senior Transportation Committee. Moved by Councilmember Smothers and seconded by Councilmember Rygq to appoint Jeanne Fackler as a representative to the Five -City Senior Transportation Executive Committee. Motion Carried. The City Council considered a resolution proposing an amendment to the Crystal Comprehensive Plan, which was explained by the Redevelop- ment Coordinator. 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. 85-57 RESOLUTION PROPOSING AMENDMENT TO THE CRYSTAL COMPREHENSIVE PLAN WHEREAS, pursuant to Minnesota Statutes, Chapters 462 and 473, the Crystal City Council has prepared and adopted a comprehensive plan to guide the growth and development of the City, and WHEREAS, the City Council previously adopted a housing plan, prepared by Northwest Associated Consultants, Inc., (the NAC Plan) as the housing element of the comprehensive plan, and M 2 JULY 1985 WHEREAS, the City Council recently adopted a housing plan prepared by LeFevere, Lefler, Kennedy, O'Brien & Drawz, P.A. (the LLKOD Plan) in connection with a housing revenue bond program submitted to the Minnesota Housing Finance Agency, and WHEREAS, the Metropolitan Council, following preliminary review of the housing plan, has suggested that the City replace the NAC Plan with the LLKOD Plan as the housing element of its comprehensive plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota as follows: 1. That the Crystal Planning Commission schedule a public hearing on the amendment of the comprehensive plan through the adoption of the LLKOD Plan. 2. That at said public hearing the Planning Commission re- view the adequacy of the LLKOD Plan as an outline of the housing goals and policies of the City and elicit public comment thereon. 3. That the Planning Commission forward to the City Council its recommendation regarding said amendment to the com- prehensive plan. 4. That after Planning Commission review, the City Council consider adoption of the plan and submission to Metropol- itan Council for final review. By roll call and voting aye: Schaaf, Smothers, Herbes, Pieri, Moravec, Rygg, Aaker. Motion carried, resolution -declared adopted. ATTEST: City Cler The City Council considered a monitoring system in the Crystal Police Department. Moved by Councilmember Herbes and seconded by Councilmember Schaaf_ to award the contract for a monitoring system in the Crystal Police Department to Videotronix, Inc. for the purchase of equipment, and to Cramer Electric for the electrical work, which was the combined low bid. Motion Carried. The City Council considered an application for an off -sale liquor license for Thomas H. Olsen dba Hitchin Post, 5616 Takeland Ave. N. Moved by Councilmember Smothers and seconded by Councilmemlher Moravec to approve the application for an off -sale liquor license for Thomas H. Olsen dba Hitchin Post, at 5616 Lakeland Ave. N., for the year 1985-86, Motion Carried. 100 2 JULY 1985 The City Council considered the First Reading of an ordinance relating to nude entertainment in certain licensed premises within the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 85 -/,- AN ORDINANCE RELATING TO NUDE ENTERTAINMENT IN CERTAIN LICENSED PREMISES WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on July 16, 1985. By roll call and voting aye: Schaaf, Smothers, Herbes, Rygg, Moravec, Aaker; voting no: Pieri. Motion Carried. The City Council considered the First Reading of an ordinance amend- ing provisions of the zoning code relative to property abutting Twin Lake. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I "ZONING", SUBSECTION 515.07, SUBD. 5 BY ADDING A CLAUSE THERETO and further, that the second and final reading be held on July 16, 1985, and further, to refer the matter to the Planning Commission prior to the Second Reading of the ordinance. 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 in the parking lot of the Elks Club, 5410 Lakeland Ave. N., on July 26, 1985. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to approve the application of the Lions Club to operate a 3.2 special beer stand, with waiver of fee, at a dance to be held in the parking lot of the Elks Club at 5410 Lakeland Ave. N. on July 26, 1985. Motion Carried. The City Council considered a request from Paster Enterprises for variances from the sign ordinance for Dairy Queen/Golden Skillet to allow more than one free-standing sign and to vary the 10' beneath sign requirement. Shrin Murthy and John Brazil of American Dairy Queen Corporation, appeared and were heard. 2 JULY 1985 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to deny the request of Paster Enterprises for variances to the sign or- dinance for Dairy Queen/Golden Skillet in the Crystal Shopping Center, to allow more than one free-standing sign and to vary the 10' beneath sign requirement. Motion Carried. The City Council, by common consent, agreed to meet at 7:00 P.M. on July 23, 1985, in Executive Session to discuss the Iron Horse activ- ities. Moved by Councilmember Pieri 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 Schaaf to adjourn the meeting. Motion Carried. 1 ATTEST: City Clerk Mayor 101 102 16 JULY 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 16, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Smothers, Herbes, Pieri, Aaker, Moravec, Rygg; the following were absent: Schaaf. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Buildinq Inspector; 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 July 2, 1985, were ap- proved. The City Council considered the following Consent Agenda: 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, August 6, 1985, 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 Doug Rynda for a variance to encroach 23' in the required 40' rear yard setback to build a 12'x15' deck and a 10' addition to the existing garage at 4501 welcome Ave. N. 2, To set 7:00 P.M., or as soon thereafter as the matter may be heard, October 1, 1985, as the time and date for the assessment hearing for Improvement Nos. 64-D, 65-A, 65-B, and 65-D, and for delinquent sewer, water, street lighting, weed cutting and sidewalk repair bills to be certified for addition to the tax rolls. Moved by Councilmember Rygg and seconded by Councilmember Smothers to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter 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 Patrick and Ann Sauter for a variance of 1' in the required 5' side yard setback to build a garage at 4026 Hampshire 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 Smothers to vary or modify the strict application of Section 515.13, Subd. 3 a) 1) to allow a variance of 1' in the required 5' side yard setback to build a garage at 4026 Hampshire Ave. N., as requested in Variance Application #85-36A. Motion Carried. 103 16 JULY 1985 The City Council considered a resolution waiving the platting ordi- nance and approving the division and conveyance of parcels to Brutger Companies for property at 5450-5500 Douglas Drive. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-58 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the subdivision regulations of the City so as to allow the di- vision of an existing lot of record into two separate parcels des- cribed by metes and bounds, and WHEREAS, the legal description of the existing parcel is des- cribed in below -listed Exhibit A, and WHEREAS, the legal description of the parcels created by such division are described in below -listed Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate parcel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- divison regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regu- lations and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. Exhibit A Parcel Description That part of Lot 35, Auditor's Subdivision Number 328, lying East of the West lines of Section 4, Township 118, Range 21. Fxhihit B Tract 1: That part of Lot 35, Auditor's Subdivision Number 328, lying East of the West lines of Section 4, Township 118, Range 21 and northerly of the southerly 140 feet thereof, said 140 feet measured along the westerly line of said parcel. 104 16 JULY 1985 Tract 2: The southerly 140 feet of that part of Lot 35, Auditor's Subdivision Number 328, lying East of the West lines of Section 4, Township 118, Range 21, said 140 feet measured along the westerly line of said parcel. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO, 85-59 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver .from the subdivision regulations of the City so as to allow the divi- sion of an existing lot of record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in below -listed Exhibit A, and WHEREAS, the legal description of the parcels created by such di- vision are described in below -listed Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate par- cel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the pur- poses of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regu- lations and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision .regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. U 105 16 JULY 1985 Exhibit A Parcel Description Lot 12, St. Denis Acres. Exhibit B Tract 1: That part of Lot 12, St. Denis Acres described as follows: Beginning at the intersection of the east line of the west 33.00 feet of the Southwest Quarter of Section 4, Township 118, Range 21 and a line parallel with and dis- tant 140.00 feet northerly from the southerly line of Lot 35, Auditor's Subdivision Number 328, thence North 00 degrees 30 minutes 03 seconds East, assumed basis for bearings, 239.56 feet along said east line of the west 33.00 feet of the Southwest Quarter of Section 4; thence North 89 degrees 49 minutes 00 seconds East 167.07 feet; thence North 00 degrees 30 minutes 03 seconds East 213.09 feet to the actual point of beginning of the tract to be described, which point shall be referred to as Point A; thence south along the last described course to its inter- section with the south line of said Lot 12, St. Denis Acres which point shall be referred to as Point B; thence North along said course to Point A; thence North 89 degrees 49 minutes 00 seconds East to the Easterly line of Lot 12, St. Denis Acres; thence southeasterly along the said easterly line to the Southeast corner of Lot 12, St. Denis Acres, thence westerly along the southerly line of said Lot 12 to Point B and there terminating. Tract 2: Lot 12, St. Denis Acres except that part thereof described as follows: Beginning at the intersection of the east line of the west 33.00 feet of the Southwest Quarter of Section 4, Township 118, Range 21 and a line parallel with and distant 140.00 feet northerly from the southerly line of Lot 35, Auditor's Subdivision Number 328, thence North 00 degress 30 minutes 03 seconds East, assumed basis for bearings, 239.56 feet along said east line of the west 33.00 feet of the Southwest Quarter of Section 4; thence North 89 degrees 49 minutes 00 seconds East 167.07 feet; thence North 00 degrees 30 minutes 03 seconds East 213.09 feet to the actual point of beginning of the tract to be described, which point shall be referred to as Point A; thence south along the last described course to its intersection with the south line of said Lot 12, St. Denis Acres which point shall be referred to as Point B; thence North alone said course to Point A; thence North 89 degrees 49 minutes 00 seconds East to the Easterly line of Lot 12, St. Denis Acres; thence southeasterly along the said 106 16 JULY 1985 easterly line to the Southeast corner of Lot 12, St. Denis Acres, thence westerly along the southerly line of said Lot 12 to Point B and there terminating. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried,,resolution declared adopted. Mayor ATTEST: City Cler Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-60 RESOLUTION WAIVING SUBDIVISION REQUIREMENT WHEREAS, an application has been received requesting a waiver from the suhdivision regulations of the City so as to allow the divi- sion of an existing lot of record into two separate parcels described by metes and bounds, and WHEREAS, the legal description of the existing parcel is described in below -listed Exhibit A, and WHEREAS, the legal description of the parcels created by such di- vision are described in below -listed Exhibit B, and WHEREAS, the applicant is desirous of conveying the separate parcel described in Exhibit B as Tract 1 to a third party but cannot do so without complying with the requirements of the City's subdivision regulations unless a waiver to such requirements is granted, and WHEREAS, the City Council, sitting as the Board of Adjustments and Appeals, finds that compliance with the requirements of the sub- division regulations involves an unusual hardship on the land and that failure to comply does not, in this case, interfere with the purposes of the subdivision regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota that pursuant to the City's subdivision regula- tions and the provisions of Minnesota Statutes Section 462.358 (1984) a waiver is hereby granted to the City's subdivision regulations so as to allow the division of the lands described in Exhibit A into the two separate parcels described in Exhibit B without the need to plat such divided parcels. 107 16 JULY 1985 Exhibit A Parcel Description Lot 1, Block 1 Tex Sota Addition. Fxhibit B Tract 1: That part of Lot 1, Block 1, Tex Sota Addition, according to the re- corded plat thereof on file and of record in the office of the Reg- istrar of Titles, in and for Hennepin County, Minnesota, lying easterly of the following described line: Commencing at the southwesterly corner of said Lot 1, Block 1, Tex Sota Addition, thence easterly along the south line of said lot 167.07 feet to the actual point of beginning of the line to be described, thence North 00 degrees 30 minutes 03 seconds East to the north line of said lot and block and there terminating. Tract 2: That part of Lot 1, Block 1, Tex Sota Addition, according to the re- corded plat thereof on file and of record in the office of the Regis- trar of Titles, in and for Hennepin County, Minnesota lying westerly of the following described line: Commencing at the southwesterly corner of said Lot 1, Block 1, Tex Sota Addition, thence easterly along the south line of said lot 167.07 feet to the actual point of beginning of the line to be described, thence North 00 degrees 30 minutes 03 seconds East to the north line of said lot and block and there terminating. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. , -' - Mayor ATTEST: ity Clerk The City Council considered a request from Brutger Companies for a building permit to construct a 160 -unit apartment building at 5450-5500 Douglas Drive. Steve Wilson, Brutger Companies, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the authorization to issue building permit #6729 for a 160 - unit apartment building at 5450-5500 Douglas Drive, as recommended by the Planning Commission, subject to standard procedure. Motion Carried. 108 16 JULY 1985 Chuck DuFresne, of Lincoln Properties, appeared before the City Council to update the Council on the progress that Lincoln Properties is making on Crystal Galleries, part of the redevelopment project for the Bass Lake Road/Becker Park area. The City Council considered a request from St. Raphael's Church for a carnival license and a waiver of the fee for St. Raphael's Festival at 7301 Bass Lake Road on August 2, 3, and 4, 1985. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a carnival license and a waiver of fee for St. Raphael's Festival at 7301 Bass Lake Road on August 2, 3, and 4, 1985. Motion Carried. The City Council considered a request from St. Raphael's Church for a license to operate a 3.2 special beer stand at 7301 Bass Lake Road on August 2, 3, and 4, 1985. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve a license to operate a 3.2 special beer stand at St. Raphael's Church, 7301 Bass Lake Road on August 2, 3, and 4, 1985. Motion Carried. The City Council considered the recommendations from the Park and Re- creation Advisory Commission concerning restrooms and fencing in Becker Park. Steve Wilson, Brutger Companies, and Harold Skjelbostad, of BRW, Inc., appeared and were heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the temporary toilet enclosure proposal which includes two locations on the west side of the park, two facilities per location, and the screening of the enclosure to be placed in the Becker Park rede- velopment area, as recommended by the Park and Recreation Advisory Commission., Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to table the discussion of the fence bordering on the south side of the park. By roll call and voting aye: Rygg, Moravec; voting no: Smothers, Herbes, Pieri, Aaker; absent, not voting: Schaaf. Motion Failed. Moved by Councilmember Herbes and seconded by Councilmember Moravec to instruct staff to contact Burlington Northern Railroad regarding the City's replacement of their fence. By roll call and voting aye: Moravec, Smothers, Herbes, Pieri, Aaker; voting no: Rygg; absent, not voting: Schaaf. Motion Carried. The City Council considered a request from the Crystal Fire Relief Association for licenses for 3.2 special beer stands at Bassett Creek, Valley Place and Welcome Parks on July 26, 27, and 28, 1985, for the Crystal Frolics. 109 16 JULY 1985 Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve licenses for 3.2 special beer stands at Bassett Creek, Valley Place and Welcome Parks on July 26, 27, and 28, 1985, for the Crystal Frolics, as requested by the Crystal Fire Relief Association. Motion Carried. The City Council considered final approval of proposed plat Luke Nan Addition, located at the southeast quadrant of 47th Avenue and Hampshire Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-61 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 Luke Nan Addition, as submitted by Michael C. Wilder, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystalhereby approves the plat entitled LUKE NAN ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. yor ATTEST: City Clerk The City Council considered the Second Reading of an ordinance rela- ting to nude entertainment in certain licensed premises within the City of Crystal. Moved by Councilmember Smothers and seconded by Councilmember Moravec to adopt the following ordinance: 110 16 JULY 1985 ORDINANCE NO. 85-12 AN ORDINANCE RELATING TO NUDE ENTERTAINMENT IN CERTAIN LICENSED PREMISES WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Moved by Councilmember Pieri to table the discussion of the Second Reading of the ordinance. Motion Fails for Lack of a Second. The Mayor called for a vote on the motion to adopt the ordinance. By roll call and voting aye: Smothers, Herbes, Moravec, Rygg, Aaker; voting no: Pieri; absent, not voting: Schaaf_. Motion Carried. The City Council considered bids for Seal Coat Project No. 65-D. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-62 RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for Sealcoat Improvement No. 65-D, and WHEREAS, such bids were received and publicly opened on July 10, 1985, and tabulated as follows: Allied Blacktop Company $120,138.00 Buffalo Bituminous, Inc. $127,390.00 Northern Asphalt Construction, Inc. $148,354.00 AND WHEREAS, Allied Blacktop Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for Sealcoat Improvement No. 65-D, in the amount of $120,138.00, to Allied Blacktop Company, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. ' Mayor ATTEST: City Clerk 16 JULY 1985 The City Council considered the resignation of William Calvin from the Environmental Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the resignation of William Calvin from the Environmental Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council discussed a City logo. Moved by Councilmember Smothers to continue until August 6, 1985, the discussion of a City logo. Motion Fails for Lack of a Second. Moved by Councilmember Rygg and seconded by Councilmember Moravec to seek additional bids for a logo for the City of Crystal. Motion Carried. 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 Minneapolis Elks Club #44 which is a hold harmless agree- ment relating to City equipment to be used on Elks Club property for preparing for the Crystal Frolics to be held on July 26 to July 28, 1985, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered a request to discontinue designated bike routes within the City of Crystal. The City Council discussed a hold harmless agreement with the Elk's Club concerning street sweeping for a street dance to be held at the Elk's Club parking lot during the Crystal Frolics on July 26, 27, and 28, 1985. 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. 85-63 RESOLUTION APPROVING A HOLD HARMLESS AGREEMENT 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 Minneapolis Elks Club #44 which is a hold harmless agree- ment relating to City equipment to be used on Elks Club property for preparing for the Crystal Frolics to be held on July 26 to July 28, 1985, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Smothers, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered a request to discontinue designated bike routes within the City of Crystal. 112 16 JULY 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers to discontinue the designated bicycle routes within the City of Crys- tal. Motion Carried. The City Council discussed the fiscal disparities law. Moved by Councilmember Pieri and seconded by Councilmember Herbes to direct staff to prepare a resolution stating Crystal's objection to any change in the fiscal disparities law, and to inform our State Legislators of this objection. 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 Moravec to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor l 6 AUGUST 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on August 6, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Pieri, Aaker; the following were absent: Moravec, Ryqg. Also present were the following staff members: John Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Nancy Deno, Administrative Assistant; and Darlene George, Deputy 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 July 16, 1985 were ap- proved. The City Council considered the following Consent Agenda item: To set 7:00 P.M., or as soon thereafter as the matter may be heard, August 20, 1985, as the time and date for a puh- lic hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Paul Conover for a variance in lot width (40') to build and repair a deck at 3540 Lee Ave. N. Moved by Councilmember Herbes and seconc?ed by Councilmember Pieri to approve the Consent Agenda. Motion Carried. It being 7:00 P.1M., or as soon thereafter as the matter coulo 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 Doug Rynda for a variance of 23' in the required 40' rear yard setback to build a 221x24' attached garage and a variance of 4' in the required 40' rear yard setback to build a 12'x15' deck on the existing house at 4501 Welcome Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 4 a) to allow a variance of 23' in the required 40' rear yard setback to build a 221x24' attached garage at 4501 Welcome Ave. N., as requested in Variance Application #85-37. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to grant a variance pursuant to Section 515.13, Subd. 4 a) to allow a variance of 4' in the required 40' rear yard setback to build a 12'x15' deck to the existing house at 4501 Welcome Ave. N., as requested in Variance Application 4F5-37. Motion Carried. Mrs. Shirley Burgoyne, 4346 Welcome Ave. N., appeared before the City Council to discuss sidewalk repair along Welcome Avenue. Those present and heard were: Gene Durham, 5515 - 44th Ave. N.; Lorraine Doose, 4334 Welcome; and Kathryn Carlson, 4356 Welcome Ave. N. 114 6 AUGUST 1985 The City Council considered a request from Vince McCay and Melissa Peterson for a private kennel license at 5332 Byron Ave. N. Those present and heard were: Vince McCay, 5332 Byron Mr. Partyka, 5325 - 48th Ave. N. Jodi Marx, 5332 Byron John Mork, 5316 Byron Jim Skiff, 5324 Byron Mrs. Reed, 5333 Byron Moved by Councilmember Pieri and seconded by Councilmember Smothers to deny the request for a private kennel license for Vince McCay and Melissa Peterson at 5332 Byron Avenue North. By roll call and voting aye: Schaaf, Smothers, Pieri; voting no: Herbes, Aaker; absent, not voting: Rygq, Moravec. 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 September 21, 1985, with customers being allowed to consume drinks in the lot. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to approve extending limits, relating to the on -sale liquor license of Steven Weisman Industries, of the licensed premises to include the parking lot at Steve O's, 4900 West Broadway, for one day on September 21, 1985. Motion Carried. The City Council considered an extension of time for completion of site improvement work at 5231 West Broadway from July 15, 1985 to June 1, 1986, as requested by AAMCO Transmission. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the request for an extension of time for completion of site improvements at 5231 West Broadway from July 15, 7.985, to June 1, 1986, as requested by AAMCO Transmission, and as recommended by the City En- gineer. Motion Carried., The City Council considered a change order for the North Fire Station., Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve Change Order #3 for the John T. Irving• Fire Station, and to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a rental increase at Thorson Community Center, 7323 - 58th Ave. N. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to approve a rental increase for Thorson Community Center, 7323 - 58th Avenue North, as recommended by the Administrative Assistant. Motion Carried. The City Council considered a resolution relating to the proposed de- velopment in the City of Bloomington. State Representative Ann Rest was present and heard. 115 6 AUGUST 1985 Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-64 RESOLUTION RELATING TO A PROPOSED DEVELOPMENT IN THE CITY OF BLOOMINGTON BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: Section 1. Background. 1.01 The City of Bloomington and the Bloomington Port Authority are negotiating with a developer for the possible construction of an entertainment and convention center complex (Project) at the site of the former Metropolitan Stadium in Bloomington at a projected cost of in excess of one billion dollars. 1.02 This Council understands that the City will be asking the State Legislature for substantial State subsidies for the Project and that the Governor of the State intends to call a Special Session of the legislature to act on the matter. 1.03 This Council further understands that the City of Blooming- ton and the Port Authority will be requesting in the legislation that the City or the Project or both be exempted from the Fiscal Disparities Law. 1.04 The City of Crystal is one of the many cities in the metro- politan area which benefits from the Fiscal Disparities Law both in the sharing of industrial and commercial tax base and in that law's salutary effect of inhibiting competition and unplanned development and facilitating development throughout the metropolitan area. 1.05 The Bloomington proposal has not been, to this Council's knowledge, reviewed by the Metropolitan Council, or any other state or regional agency, and its potential effect on metropolitan develop- ment in general is incalculable. Section 2. Findings. 2.01 This Council objects the precipitous action of the City of Bloomington, the Port Authority of Bloomington and the Governor of this State in proceeding with the Project without adequate study and review of the Project's potential effect on metropolitan development and the economic well being of all metropolitan municipalities and other governmental subdivisions. 2.02 This Council objects in the strongest terms to any sugges- tion or proposal that the Project or the City of Bloomington be exempted from the Fiscal Disparities Law. It is the Council's judgment that such an exemption would mean the eventual demise of that law with al- most catastrophic effect on the taxpayers of the City of Crystal. 116 6 AUGUST 1985 2.03 This Council respectfully urges the City of Bloomington, the Port Authority of Bloomington, the Governor and the State Legis- lature to re-examine the proposed Project in the light of its poten- tial effects on the metropolitan area as a whole and to exercise re- straint and their best judgment, based upon thorough review and study, before proceeding with the Project. Section 3. The Clerk is authorized and directed to transmit a certified copy of this resolution to the Mayor of Bloomington, the Chair of the Bloom- ington Port Authority, the Governor, the Speaker of the House, the President of the Senate and the City's Representatives and Senator. By roll call and voting aye: Schaaf, Smothers, Heroes, Pieri, Aaker; absent, not voting: Rygg, Moravec. Mo ion car resolution declared adopted. Mayor ATTEST: ✓ City Clerk The City Council considered setting surety in the amount of $95,000 as a guaranty of faithful performance of certain requirements as a condition of building permit approval for Cedarwood Court Apartments, 5450-5500 Douglas Drive. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to set surety in the amount of $95,000 as a guaranty of faithful per- formance of certain work requirements as a condition of building per- mit approval for Cedarwood Court Apartments, 5450-5500 Douglas Drive, as recommended by the Assistant City Engineer. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to authorize the issuance of a building permit for Cedarwood Court Apartments, 5450-5500 Douglas Drive, subject to receipt of bond and signed agreement within fourteen days. Motion Carried. The City Council considered a preliminary request from Norm Nafstad to establish a tax increment district for the purpose of building a 300 to 350 unit multiple dwelling project (senior and market rate hous- ing) in the vicinity of 31st and Colorado Ave. N. Mr. Nafstad appeared and was heard. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to direct staff to proceed with the preliminary work for the multiple dwelling project requested by Norm Nafstad. Motion Carried. 6 AUGUST 1985 The City Council considered a request from Myslicki Enterprises, Inc. dba Ciao Bella's for a tavern license at 2732 Douglas Drive. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request for a tavern license for Myslicki Enterprises, Inc. dba Ciao Bella's at 2732 Douglas Drive. Motion Carried. The City Council considered a letter received from Mr. and Mrs. Orval Perleberg pertaining to two entrances to the circle driveway at 4010 Douglas Drive and a letter received from Mr. Joe Thorne regarding 36th Avenue North and Douglas Drive. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to continue the discussion of the above matter and refer it to the Planning Commission for possible suggestions. Motion Carried. Certificates of Appreciation were presented to the City Manager and to the City Council by the Crystal Frolics Committee. 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 exception of the Itinerant Food Establishment license for Adair Liquor, 6001 42nd Ave. North for August 16 and 17, 1985, and further, that such list be in- corporated 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 Schaaf to adjourn the meeting. Motion Carried. ATTEST: City Cler. Mayor 117 118 20 AUGUST 1985 Pursuant to due call and notice thereof the regular meeting of the Crystal City Council was held on August 20, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Herbes, Pieri, Aaker, Moravec, Rygg; the following were absent: Smothers. Also pre- sent were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Delores Ahmann, City Clerk; and Fancy Deno, Administrative 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 August 6, 1985 were ap- proved. 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, September 3, 1985, 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: 1. A request from Lenard J. Braun for a variance in the re- quired 7,500 sq. ft. lot area to allow the construction of a single family home at 5409 -- 56th Ave. N. 2. A request from Steven Leppa for a variance to reduce the requirement for a 5" setback of curb to lot line at 5241 West Broadway. 3. A request from Mr. & Mrs. Orval O. Perleberg for a var- iance to retain two curb cuts in their property at 4010 Douglas Drive. To set 7:00 P.M., or as soon thereafter as the matter may be heard, September 3, 1985, as the time and date for a public hearing to con- sider approval of $780,000 commercial development revenue bonds (PBM Associates project). To set 7:00 P.M., or as soon thereafter as the matters may be heard, September 17, 1985, as the time and date for public hearings to con- sider: 1. Tentative approval of proposed plat Conservation Systems 2nd Addition located at 5241 West Broadway, and 2.. Tentative approval of proposed plat Emond Addition located at 3448 Hampshire Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Pieri to approve the Consent Agenda. Motion Carried. 119 20 AUGUST 1985 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 Paul and Debra Con- over for a variance in lot width (lot is 40' wide) to replace an 8'11"x10'1" deck with a 13'x20' deck on the existing house at 3540 Lee Ave. N. The Mayor asked those present to voice their opinions or ask questions con- cerning the variance. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to approve the authorization to grant a variance pursuant to Section 515.15, Subd. 2 a) 1) to allow a variance in lot width to replace an 8'11"x10'1" deck with a 13'x20' deck on the existing house at 3540 Lee Ave. N., as requested in Variance Application #85-39T. Motion Carried. The City Council considered declaring a vacancy in the position of Ward 1 Councilmember, effective August 21, 1985. WHEREAS, he has tendered his resignation, effective August 21, 1985, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, that a vacancy in the Office of Ward 1 Councilmember is hereby declared, effective August 21, 1985. By roll call and voting aye: Schaaf, Herbes, Pieri, Aaker, Moravec, Rygg, absent, not voting: Smothers. otion c riod, resolution de- clared adopted.'" Mayor ATTEST: City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Herbes to request that all applicants interested in the position of Ward 1 Coun- cilmember apply in writing to the City Clerk no later than Friday, Sep- tember 13, 1985, that they be interviewed by the City Council at the September 17, 1985 meeting, and that the slate be placed on the agenda for a vote by the Council at the October 1 meeting.. 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. 85-65 A RESOLUTION DECLARING A VACANCY IN THE OFFICE OF COUNCILMEMBER, WARD 1 WHEREAS, Ward 1 Councilmember, Ronald Pieri, has accepted employ- ment in another City and, therefore, is moving out of the City of Crystal, and WHEREAS, he has tendered his resignation, effective August 21, 1985, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, that a vacancy in the Office of Ward 1 Councilmember is hereby declared, effective August 21, 1985. By roll call and voting aye: Schaaf, Herbes, Pieri, Aaker, Moravec, Rygg, absent, not voting: Smothers. otion c riod, resolution de- clared adopted.'" Mayor ATTEST: City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Herbes to request that all applicants interested in the position of Ward 1 Coun- cilmember apply in writing to the City Clerk no later than Friday, Sep- tember 13, 1985, that they be interviewed by the City Council at the September 17, 1985 meeting, and that the slate be placed on the agenda for a vote by the Council at the October 1 meeting.. Motion Carried. 120 20 AUGUST 1985 The City Council considered a request from Robert Kocur for a private kennel license at 6800 - 60th Avenue North. Ms. J. Rice, 5955 Hampshir Avenue North; and Sharon Blackhawk, 6801 Lombardy Lane were present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to deny a request from Robert Kocur for a private kennel license at 6800 - 60th Avenue North. Motion Carried. The City Council considered a request from Target Stores for a building permit to build a stockroom addition at 5537 West Broadway. Bert Shac- ter, Architect; Jane Miller and Ron Cabeen, of Target, appeared and were heard. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to approve the authorization to issue building permit #6851 .for a 1331x94' stockroom addition at 5537 West Broadway, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered setting surety in the amount of $15,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Octopus Car Wash II at 5301 Douglas Drive. Moved by Councilmember Herbes and seconded by Councilmember Rygg to set surety in the amount of $15,000 as a guaranty of faithful perfor- mance of certain work requirements as a condition of building permit approval for Octopus Car Wash II, 5301 Douglas Drive. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to approve the authorization to issue building permit #6679 for a 32'x63° addition at 5301 Douglas Drive for Octopus Car Wash II, as recommended by the Planning Commission, subject to standard procedure; also subject to receipt of surety and signed agreement within fourteen days. Motion Carried. The City Council considered setting surety in the amount of $5,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for 3333 Vera Cruz Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to set surety in the amount of $5,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for 3333 Vera Cruz Ave. N. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to approve, as recommended by the Planning Commission, the authorization to issue building permit #6862 for remodeling at 3333 Vera Cruz Ave. North, subject to standard procedure; also subject to receipt of curet and signed agreement within fourteen days. Motion Carried. The City Council considered setting surety in the amount of $112,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Park Place, 5430 Douglas Drive. 121 20 AUGUST 1985 Moved by Councilmember Pieri and seconded by Councilmember Moravec to set surety in the amount of $112,000 as a guaranty of faithful perfor- mance of certain work requirements as a condition of building permit approval for Park Place, 5430 Douglas Drive, as recommended by the City Engineer. Motion Carried. Moved by Councilmember Pieri and seconded by Councilmember Herbes to approve, as recommended by the Planning Commission, the authorization to issue building permit #6883 to build a retail, office and warehouse building at 5430 Douglas Drive to Park Place Associates, subject to standard procedure; also subject to receipt of surety and signed agree- ment within fourteen days. Motion Carried. The City Council considered Amendment No. 1 to the Contract for Private Development between the City of Crystal, the HRA, and Crystal Apartments Limited Partnership. Moved by Councilmember Moravec and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-66 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF CRYSTAL, THE HRA, AND CRYSTAL APARTMENTS LIMITED PARTNERSHIP BE IT HEREBY RESOLVED by the City Council of the City of Crystal to approve Amendment No. 1 to the Contract for Private Development be- tween the City of Crystal, the HRA, and Crystal Apartments Limited Partnership, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. otion c�tried, resolution de- clared adopted. i Mayor-- V ATTEST: City Clerk The City Council considered accepting surety in the amount of $95,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Cedarwood Court Apartments to be built by Brutger Companies, Inc. Moved by Councilmember Pieri and seconded by Councilmember Schaaf to accept surety in the amount of $95,000 as a guaranty of faithful per- formance of certain work requirements as a condition of issuance of building permits for Cedarwood Court Apartments to be built by Brutger Companies, Inc., at 5450-5500 Douglas Drive. Motion Carried. 122 20 AUGUST 1985 Moved by Councilmember Moravec and seconded by Councilmember Herbes to enter into agreement with Brutger Companies for the purpose of guaran- teeing faithful performance for certain work requirements as a conditio of issuance of building permits #6888 and #6889 for Cedarwood Court Apartments, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council considered a resolution approving Laws,1985, Chapter 193. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-67 RESOLUTION APPROVING LAWS, 1985, CHAPTER 193 WHEREAS, Laws, 1985, Chapter 193 entitled "An Act Relating to the City of Crystal; Regulating the Holding of Public Offices by Council - members; Providing for the Adoption of Emergency Ordinances" requires approval by the majority of the Council of Crystal before it becomes effective, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that Laws, 1985, Chapter 193, is hereby adopted. By roll call and voting aye: Schaaf, Pieri, Rygg, Moravec, Aaker; vot- ing no: Herbes; absent, not voting: Smog hers. Mo _o carried, reso- lution declared adopted. Mayor ATTEST: City Clerk The City Council discussed fertilizer in Twin Lake. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to refer this matter to the Environmental Commission. Motion Carried. The City Council considered the Second Reading of an ordinance amend- ing provisions of the zoning code relative to accessory buildings on property abutting Twin Lake. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following ordinance: 123 20 AUGUST 1985 ORDINANCE NO. 85-13 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I "ZONING", SUBSECTION 515.07, SUBD. 5 BY ADDING A CLAUSE THERETO and further, that this be the second and final reading. Motion Carried. The City Council considered an amendment to the Comprehensive Plan Housing Chapter. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-68 RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHEN- SIVE PLAN HOUSING CHAPTER BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, to approve, as recommended by the Planning Commission, an amendment to the Comprehensive Plan Housing Chapter. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Motion carriE)yd; resolution de- clared adopted. % Mayor ATTEST: ,i City Clerk The City Council considered a resolution authorizing the submission of a grant application and execution of the agreement for the Quad - Cities DWI Enforcement project. Moved by Councilmember Herbes and seconded by Councilmember Pieri to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-69 RESOLUTION AUTHORIZING THE SUBMISSION OF THE GRANT APPLICA- TION AND THE 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, 1985 and end September 30, 1986, and 124 20 AUGUST 1985 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 Crys- tal by the Crystal Police Department during the period October 1, 1985, through September 30, 1986. 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: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. M ion car r'"d-,.resolution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered bids for resurfacing of tennis courts at Bassett Creek Park. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-70 A RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for resurfac- ing tennis courts at Bassett Creek Park, and WHEREAS, such bids were received and publicly opened on August 14, 1985, and tabulated as follows: Carlson-LaVine, Sjostrom, Inc. Action Courts, Inc. $3,890.00 4,370.00 Inc. 4,900.00 AND WHEREAS, Carlson-LaVine, Inc., is the apparent low bidder, 1 125 20 AUGUST 1985 NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for resurfacing tennis courts at Bassett Creek Park to Carlson -Lavine, Inc., in the amount of $3,890.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- zied to sign such contract. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygg, Aaker; absent, not voting: Smothers. Motion carried; _resolution de- clared adopted. Mayor ATTEST: City Clerk The City Council considered bids for Sidewalk Repair No. 65-E. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-71 A RESOLUTION AWARDING A BID WHEREAS, the City of Crystal did advertise for bids for Sidewalk Repair No. 65-E, and WHEREAS, such bids were received and publicly opened on August 14, 1985, and tabulated as follows: A & J Cement Co. $4,125.00 Gunderson Brothers Cement 7,040.00 Halvorson Construction Co. 7,890.00 Northern N 8,985.00 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 Repair No. 65-E to A & J Cement Company, in the amount of $4,125.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Schaaf,Ierbes, Pieri, Rygg, Moravec, Aaker; absent, not voting: Smother/ s . / M�ition c �rried, resolution de- clared adopted. /// ATTEST: Mayor City Clerk 126 20 AU( -,IT' -)'T 1985 The City Council considered surety release in the amount of $19,500 for Liberty Garment Company, 6105 - 42nd Ave. N. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to accept the work required as a condition of building permit approval for Liberty Garment Company, 6105 - 42nd Ave. N., subject to guarantee pro- visions of the agreement, effective this date, and that surety of State Surety Co. of Des Moines, Iowa No. RCN 251815 in the amount of $19,500.00 be released, subject to said guarantee, as recommended by the City En- gineer. Motion Carried. The City Council considered a development agreement with PBM Associates. Dennis Persons of PBM Associates, was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Moravec to reaffirm the approval of the development agreement with PBM Associates and the HRA. Motion Carried. The City Council considered the First Reading of an ordinance amending provisions of the platting ordinance. Moved by Councilmember Rygg and seconded by Councilmember Pieri to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO PLATS AND PLANNING: REPEALING CRYSTAL CITY CODE SUBSECTION 505.03, SUBD. 3, CLAUSE E) and further, that the second and final reading be held on September 3, 1985. Motion Carried. The City Council considered information submitted by John Olson, Assistant City Manager, regarding a City logo. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to direct the City Manager to select a designer for a City logo, and fur- ther, that the cost for this service not exceed $1,500.00. Motion Carried. The City Council considered disbursing $11,000 from the PIR fund for the monitoring system in the Police Department. Moved by Councilmember Pieri and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-72 RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City Council of the City of Crystal has determined that it is in the best interests of the City to purchase and install a monitoring system in the Police Department, and 127 20 AUGUST 1985 WHEREAS, the cost of such improvements is estimated to be $11,000.00, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $11,000.00 for equipment as noted above from the Permanent Improvement Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf, Herbes, Pieri, Moravec, Rygq, Aaker; absent, not voting: Smothers. Mgtion carrie ,'resolution de- clared adopted. t Mayor ATTEST: - City Clerk The Council discussed some miscellaneous items, resulting in the fol- lowing actions: Moved by Councilmember Schaaf and seconded by Councilmember Moravec to direct the City Manager to send a letter of thanks and appreciation to the City Park and Recreation summer part-time employees, commending them on a job well done. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Schaaf to direct the City Manager to send a letter of commendation and thanks to Councilmember Ronald Pieri for his concern and service to the citi- zens of Crystal. Motion Carried. The Council discussed the 1985 Congress of Cities Conference to be held in December in Seattle, Washington. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to approve Councilmember Moravec's attendance at the Congress of Cities in Seattle in December of this year. Motion Carried. The City Attorney discussed with the Council the proceedings in the case of Partytime vs. the City of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Pieri 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 Raymond E. Haeg Plumbinq Company, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilmember Pieri and seconded,by Cou ilmemher Herbes to adjourn the meeting. % Motion Carried. /// ATTEST: —�� Mayor City Clerk 128 3 SEP'T'EMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on September 3, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Aaker, Moravec, Rygg. Also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; William Barber, Assistant Building Inspector; 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 August 20, 1985, 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 sit as a Board of Adjustments and Appeals to consider a request from Lenard J. Braun for a variance in the required 7,500 sq. ft. lot area to allow the con- struction of a single family home at 5409 - 56th Ave. N. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. No one appeared. Moved by Councilmember Schaaf 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 515.15, Subd. 2 c) 3) i) to grant a variance of 363.05 sq. ft., in the required 7,500 sq. ft. lot area at 5409 - 56th Ave. N., as req,aested in Application #85-23T, as recommended by and based on the findings of fact of the Planning Com- mission„ 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 Steven C. Leppa for a variance in locating the barrier 1 ft., from the lot line in lieu of the required 5 ft. from the lot line at 5241 West Broadway. 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 Schaaf to approve, as recommended by and based on the findings of fact of the Planning Commission, the authorization to grant a variance pursuant to Section 515.09, Subd. 4 h) 15) to reduce the requirement for a 5' set- back of curb from property line to l' along the line adjoining pro- posed Lot 1 and Lot 2 at 5241 West Broadway, as requested in Applica- tion #85-38 of Steven Leppa of Northside Property Management. 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 Mr. & Mrs. Orval O. 129 3 SEPTEMBER 1985 Perleberg for a variance to allow two curb cut openings at 4010 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Rygg and secondeu` by Councilmember Moravec to approve the authorization to grant a variance pursuant to Section 515.09, Subd 4 h) 10) , to allow two curb cuts on a single family lot at 4010 Douglas Drive, as requested in Application #85-40A of Mr. and Mrs. Orval O. Perleberg. 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 a propo- sal by PBM Associates, Inc. (Crystal Linoleum), for the issuance of $780,000 commercial development revenue bonds for their project. The Mayor asked those present to voice their opinions or ask questions concerning the project. No one appeared. and further, that this be the second and final reading„ Motion Carried. The City Council considered setting a date for the public hearing to discuss the 1986 City Budget and Revenue Sharing Budget. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to set 7:00 P.M., or as soon thereafter as the matter may be heard, October 1, 1985, as the time and date for a public hearing to discuss the 1986 City Budget and the Revenue Sharing Budget. Motion Carried. Mayor Aaker then called a Special meeting for a review of the Budget at 7:00 P.M., or as soon thereafter as the matter may be heard, Septem- ber 24, 1985. The City Council considered the appointment of election judges and designating polling places for the November 5, 1985, City Election. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the list of election judges and polling places for the November 5, 1985, City Election, as submitted by the City Clerk. Motion Carried. The City Attorney explained the proposed project. The Mayor then declared the public hearing closed., The City Council considered the Second Reading of an ordinance rela- ting to plats and planning. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85-14 AN ORDINANCE RELATING TO PLATS AND PLANNING: RE- PEALING CRYSTAL, CITY CODE, SUBSECTION 505.03, SUB- DIVISION 3, CLAUSE e) and further, that this be the second and final reading„ Motion Carried. The City Council considered setting a date for the public hearing to discuss the 1986 City Budget and Revenue Sharing Budget. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to set 7:00 P.M., or as soon thereafter as the matter may be heard, October 1, 1985, as the time and date for a public hearing to discuss the 1986 City Budget and the Revenue Sharing Budget. Motion Carried. Mayor Aaker then called a Special meeting for a review of the Budget at 7:00 P.M., or as soon thereafter as the matter may be heard, Septem- ber 24, 1985. The City Council considered the appointment of election judges and designating polling places for the November 5, 1985, City Election. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the list of election judges and polling places for the November 5, 1985, City Election, as submitted by the City Clerk. Motion Carried. 130 3 SEPTEMBER 1985 The City Council considered a letter of resignation from Ron Pieri from the City of Crystal Housing and Redevelopment Authority and de- claring a vacancy on the HRA. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to accept the letter of resignation from Ron Pieri from the Crystal Housing and Redevelopment Authority, and to request the City Manager to send him a letter of thanks and appreciation for his service on the Authority. 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. 85-73 A RESOLUTION DECLARING A VACANCY ON THE CRYSTAL HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, Commissioner Ronald Pieri has accepted employment in another City and, therefore, is moving out of the City of Crystal, and WHEREAS he has tendered his resignation in a letter dated Au- gust 23, 1985, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to declare a vacancy to exist on the Crystal Housing and Redevelopment Authority. By roll call and voting aye: Schaaf, SmothgFs, Herbes,--Moravec, Rygg, Aaker. Motion carried, resolution declare adopted. Mayor ATTEST: City Clerk The City Council considered an amendment to the animal control contract with Dr. Funk. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve the amendment to the animal control contract with Funk Animal Hospital, as presented. Motion Carried. The City Council considered surety release in the amount of $7,500 for Olson Honey Company at 5201 Douglas Drive. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for Olson Honey Company, 5201 Douglas Drive, subject to guaranty 131 3 SEPTEMBER 1985 provisions of the agreement, effective this date, and that the surety in the amount of $7,500 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Council considered accepting surety from Charles Q. Hillstrom for site improvements at 3333 Vera Cruz and entering into agreement therefor. Moved by Councilmember Smothers and seconded by Councilmember Rygg to accept a letter of credit in the amount of $5,000 from Charles Q. Hill- strom as a guarantee of faithful performance of certain site improve- ments at 3333 Vera Cruz Ave. N. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to enter into agreement with Charles Q. Hillstrom for the purpose of guaranteeing faithful performance for certain site improvements at 3333 Vera Cruz Ave. N., and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Council discussed a tax increment proposal from Norm Nafstad. Mr. Henry Stenquist, architect, and Gary Nafstad, representing Norm Nafstad, were present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygq to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-74 RESOLUTION CALLING A PUBLIC HEARING ON THE ESTABLISHMENT OF A DEVELOPMENT DISTRICT IN THE CITY AND A TAX INCREMENT FINANCING DISTRICT THEREIN BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1. The City is authorized by Minnesota Statutes, Chapter 472A to establish Development Districts in the City to provide an impetus for commercial development. 2. The City Council has investigated the facts and has deter- mined that it is necessary and desirable to the economic development of the City to establish one or more Development Districts. 3. The City is further authorized by Minnesota Statutes, Sec- tion 273.71 to 273.77 to establish tax increment financing districts and tax increment financing plans for such districts to finance all or a portion of the development costs of a horsing project. 4. This Council shall conduct a public hearing on the establish- ment of the Development District and a development program therefor 132 3 SEPTEMBER 1985 and the establishment of a tax increment financing district and plan therefor at 7:00 P.M. on Tuesday, October 1, 1985. The Clerk is di- rected to publish notice of the hearing in the official newspaper at least ten days prior to October 1. The notice shall be in substan- tially the form attached hereto as Exhibit A, which is on file in the City Clerk's office, and made a part of this motion as though set forth herein. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aake.r> Motion carried, resolution decl ed adopted,..-- ayor ATTEST: � City Clerk 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. 85-75 RESOLUTION RELATING TO A PROPOSAL FOR THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE BONDS; THE ADOPTION OF A PROGRAM THEREFOR; AND CALLING A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota, as follows: 1,. There has been presented to this Council by H. Norman Nafstad, Jr„, or a partnership including Nafstad (Applicant), a proposal that the City issue and sell its Multifamily Housing Revenue Bonds (Bonds) to assist Applicant in the financing of the construction of a 360 - unit rental apartment building in the City (Project) at a cost pre- sently estimated to be $18,000,000. 1 2.. The Applicant has represented to the City that the construction of the Project is not feasible without the assistance of tax-exempt financinq in the form of the Bonds, and it is hereby determined that it is necessary and desirable for the City to provide such assistance to the Project. 3. Pursuant to Minnesota Statutes, Chapter 462C, the issuance of the Bonds must be preceded by the adoption by the City of a Hous- ing Proqram describing and approving the issuance of the Bonds after duly published notice of a public hearing. The City Clerk with the assistance of such financial and planning consultants as deemed neces- sary shall prepare the required Program and submit it to this Council for review and adoption., 133 3 SEPTEMBER 1985 4. This Council shall conduct a public hearing on the Housing Program at its Council meeting at 7:00 P.M. on Tuesday, October 1, 1985. Notice of the public hearing shall be published by the City Clerk as required by law in substantially the form attached hereto as Exhibit A, which is on file in the Office of the City Clerk. 5. It is the present intent of this Council to approve the Hous- ing Program and to give preliminary approval to the issuance of the Bonds for the Project, it being hereby determined that the successful construction of the Project is essential to the orderly development of the City and the achievement of its goals of providing affordable housing for residents of the City. 6. Nothing in this resolution is to be construed as an under- taking by the City to enter into a development agreement or other agreement with the Applicant with respect to the Project. It is the intent of this Council that the adoption of the Housing Program and the issuance and sale of the Bonds in assistance of the Applicant's construction of the Project is contingent upon the execution of a sat- isfactory development agreement or other agreement by the City and the Applicant. By roll call and voting aye: Schaaf, Smothers, Herbes,.-Moravec, Rygg, Aaker. Motion carried, resolution declared'adopted. / / v Mayor ATTEST: City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-76 RESOLUTION RELATING TO A PROPOSAL FOR THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE BONDS FOR A HOUSING PROJECT IN THE CITY; CALLING A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. The Council has this day called a public hearing for the adoption of a Housing Program and the issuance of Multifamily Housing Revenue Bonds (Bonds) to assist H. Norman Nafstad, Jr., or a partner- ship including Nafstad (Applicant), in the financing of a 360 -unit rental apartment building in the City (Project). Applicant has re- presented to the City that the construction of the Project is not feasible without the assistance of tax-exempt financing in the form of the Bonds, and it is hereby determined that it is necessary and desirable for the City to provide such assistance to the Project. 134 3 SEPTEMBER 1985 2. Pursuant to Minnesota Statutes, Chapter 462C and the inter- nal Revenue Code, Section 103, the issuance of the Bonds must be pre- ceded by a public hearing after duly published notice. 3. The Council shall conduct a public hearing on the matter of granting preliminary approval of the issuance of the '3onds at 7:00 P.M. on Tuesday, October 1, 1985. Notice of the public hearing shall be published by the City Clerk as required by law in substantially the form attached hereto as Exhibit A, which is on file in the City Clerk's Office. 4. It is the present intent of this Council to give preliminary approval to the Project and the issuance of the Bonds after the public .iearing, it being hereby determined that the successful construction of the Project is essential to the orderly development of the City and the achievement of its goals of providing affordable housing for residents of the City. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker. Motion carried, resolution decl'red adop -d-, Mayor --- ATTEST: City Clerk Dale Leonardson, 8425 - 33rd Ave. N., presented a petition to the City Council requesting the City of Crystal to enter into an agree- ment with the City of New Hope to seal coat the southern half of 33rd Avenue between Boone and Xylon Avenues North, and to assess the en- tire cost against the abutting property owners. Dale Eaton, 8409 - 33rd Ave. N., and Don Slough, 3301 Brunswick Ave.. N., were present and heard. After much discussion, the following action was taken: Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-77 RESOLUTION DECLARING ADEQUACY nF PETITION BE IT RESOLVED by the City Council of the City of Crystal, as follows: 1. A certain petition requesting the improvement of seal coat- ing the southern half of 33rd Avenue North, between Boone and Xylon Avenues North, and assessing the entire cost against the abutting 135 3 SEPTEMBER 1985 property owners was filed with the Council on this date and is hereby declared to be signed by 1000 of owners of property affected thereby. This declaration is made in conformity with Minnesota Statutes Sec- tion 429.035. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker. Motion carried, resolution declared- adopted. Mayor ATTEST: City Clerk Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-78 RESOLUTION RELATING TO A SEAL COAT IMPROVEMENT PROJECT BE IT RESOLVED by the City Council of the City of Crystal, as follows: 1. The improvement proposed by petition received by the Council this date for seal coating the southern half of 33rd Avenue North, be- tween Boone and Xylon Avenues North, should be undertaken by the City in conjunction with the City of New Hope and the costs thereof as de- termined pursuant to the contract with the City of New Hope should be assessed against the property owners requesting the improvements. 2. It is the intention of this resolution that in the case of this particular improvement the cost to be borne by the property owners should be those costs incurred by the City of New Hope in constructing the improvement. Future improvement projects of this type should be assessed in accordance with the normal City policy for seal coating projects. By roll call and voting aye: Schaaf, Smothers, Moravec, Aaker; vot- ing no: Herbes, Rygg. Motion carried; resoluti declared adopted. Mayor ATTEST: City Clerk 136 3 SEPTEMBER 1985 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. 85-79 RESOLUTION ORDERING IMPROVEMENT BE IT RESOLVED by the City Council of the City of Crystal, as follows: 1. The Council has this date received a petition from all affected property owners for the improvement of the southern half of 33rd Avenue North between Boone and Xylon Avenues North, has declared the adequacy of the petition and indicated its intention to proceed with the pro- ject jointly with the City of New Hope. 2. The City Engineer has reported in a preliminary way that the project as proposed is feasible. 3. The improvement as proposed in the petition is ordered. 4. The City Engineer is authorized and directed to take the necessary steps to enter into a joint contract with the City of New Hope to construct the project. By roll call and voting aye: Schaaf, Smothers, Herbes, Moravec, Rygg, Aaker. Motion carried, resolution decl 'ed adopted V Mayor ATTEST: City Clerk The Mayor called a recess at 8:22 P.M. and called the meeting back to order at 8:37 P.M. The City Attorney reported on the case of Partytime vs. the City of Crystal. The Mayor reported on a meeting with the Mayors of other communities regarding the proposed Mega Mall. Moved by Councilmember Herbes and seconded by Councilmember Schaaf 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. 3 SEPTEMBER 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ATTEST: 1 City Clerk Mayor 137 138 17 SEPTEMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on September 17, 1985, at 7:00 P.M. at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Smothers, Herbes, Aaker, Moravec, Rygg; the following were absent: Schaaf. Also pre- sent were the following staff members: John Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant. City Manager; William Sherburne, 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. The minutes of the regular Council meeting of September 3, 1985, were approved. 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, October 1, 1985, 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 Heritage Builders for a variance of 10' in the required 30' front yard setback to build a 10'x19' three -season porch at 6715 - 45th Place North. Moved by Councilmember Moravec and seconded by Councilmemre.r. Smothers to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter coi.ild be heard, Mayor Aaker declared this is the time and date as advertised for the public hearing at which time the City Council will consider tentative approval of proposed plat Conservation Systems 2nd Addition located at 5421 West Broadway. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Smothers and seconded by Councilmember Herbes to grant tentative approval of proposed plat Conservation Systems 2nd Addition, located at 5241 West Broadway. 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 cons_der tentative approval of proposed plat Emond Addition located at 3448 Hampshire 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 Moravec to grant tentative approval of proposed plat Emond Addition located at 3448 Hampshire Ave. N. Motion Carried„ 139 17 SEPTEMBER 1985 The City Council considered a request from Reed Banet, Paster Enter- prises, for a building permit to build a 70'xl20' addition at 345 Willow Bend, Crystal Shopping Center. Mr. Banet appeared and was heard. Moved by Councilmember Smothers and secon0ed by Councilmember Herbes to approve, as recommended by the Planning Commission, the authoriza- tion to issue building permit #6952 for a 70'xl20' retail store addi- tion at 345 Willow Bend, Crystal Shopping Center, subject to standard procedure. Motion Carried. The City Council considered a request from the Knights of Columbus for a building permit to build a two-level 551x20' addition at 4947 West Broadway. Mr. Lloyd Gramling appeared and was heard. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve, as recommended by the Planning Commission, the authorization to issue building permit #6954 for a two-level 55'x20' addition at 4947 West Broadway, subject to standard procedure. Motion Carried. The City Council considered setting surety in the amount of $42,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Skippers Restaurant at 6230 - 56th Ave. N. Leon Erstad, attorney representing Skippers; Happy Moselle of Lance, Inc.; and Herb Bachmann, of Skippers, appeared and were heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to set surety in the amount of $42,000 as a guaranty of faithful per- formance of certain work requirements as a condition of building permit approval for Skippers Restaurant at 6230 - 56th Ave. N., and to delete the requirement for, preparing and recording plat of the property, as recommended by the City Engineer, Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the authorization to issue building permit #6962 for a 45'x48' restaurant at 6230 - 56th Avenue North, subject to standard procedure; also subject to receipt of surety and signed agreement within 14 days. Motion Carried. The City Council considered a petition for a two-way stop sign at the intersection of 32nd Place and Yukon Avenue North, one stop sign to face east and the other facing west to stop traffic on 32nd Place from both directions. Brad Goar, 3229 Aquila Ave. N., appeared and was heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the two-way stop sign at the intersection of 32nd Place and Yukon Ave. N,, Motion Carried. The City Council considered a request from Fantasia Together Hair De- signers for a license to allow a masseuse to practice massage on males as well as females. Twila Donley, owner, was present and heard. 140 September 17, 1985 Moved by Councilmember Moravec and seconded by Councilmember Smothers to direct the City Attorney to study the present ordinance for pos- sible language changes to reflect the Council's wishes. Motion Carried. The City Council considered entering into an agreement with Greater Minneapolis Day Care, and assigning administrative responsibilities to Hennepin County, and further, to authorize the Mayor and City Mana- ger 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. 85-80 RESOLUTION RELATING TO AN AGREEMENT 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 and assigning administrative responsibilities to Hennepin County, AND FURTHER, that the Mayor and City Manager be authorized to s__c3r such agreement. By roll call and voting aye: Smothers, Herbes, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion car /,ied, resol�on declared adopted. �- Mayor ATTEST: City Clerk The City Council considered surety release in the amount of $26,000 for K Wong's Restaurant, 5430 Lakeland Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept the work required as a condition of building permit approval for K Wong's Restaurant, 5430 Lakeland Ave. N., subject to guarantee provisions of the agreement, effective this date, and that surety in the amount of $26,000 be released, subject to said guarantee, as recom- mended by the City Engineer. Motion Carried. The City Council considered setting surety in the amount of $7,200 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for 5409 - 56th Ave. N., as recommended by the City Engineer, Moved by Councilmember Rygg and seconded by Councilmember Herbes to set surety in the amount of $7,200 as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for 5409 - 56th Ave. N., as recommended by the City Engineer. Motion Carried. 17 SEPTEMBER 1985 The City Council considered the resignation of Mary Kay Messner from the Environmental Commission. Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept the resignation of Mary Kay Messner from the Environmental Com- mission, and further, to direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. The City Council considered plans for the Becker Park building. Mike Bjornberg, architect for BRW, and Harold Sjkelbostad, BRW, appeared and were heard. Moved by Councilmember Moravec and seconded by Councilmember Rygg to approve the basic concept of the plans for the Becker Park building, as presented. Motion Carried. The City Council considered a request from Family Plus, Inc., to apply to the State of Minnesota for a gambling license, for gambling to take place at the Iron Horse. Ms. Joy Harris, Administrative Director of Family Plus, Inc., and 111aurie Wilk, lobbyist for the Lions Club, were present and heard. The City Council considered a letter of resignation from Gerald F. Newton from the Crystal HRA, effective August 26, 1985. Moved by Councilmember Moravec and seconded by Councilmember Smothers to accept the resignation of Gerald F. Newton from the Crystal HRA, effective August 26, 1985, and further, to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. 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. 85-81 A RESOLUTION DECLARING A VACANCY ON THE CRYSTAL HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, Commissioner Gerald F. Newton has moved to another city and is no longer a resident of the City of Crystal, and WHEREAS, he has tendered his resignation effective August 26, 1985, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to declare a vacancy to exist on the Crystal Housing and Redevelopment Authority. 141 142 17 SEPTEMBER 1985 By roll call and voting aye: Smothers, Herbes, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, re lution declared adopted. L Mayor ATTEST: City Clerk v By common consent, the City Council agreed to discuss an additional item. Mr. Dale Barrett, 5017 - 50th Avenue North, appeared before the Council to discuss the condition of the property and home at 5013 - 50th Avenue North. Mr. Greg Seifert, 5014 - 50th Avenue North, also spoke. By common consent, the City Council directed staff to explore the property at 5013 - 50th Avenue North to see if it meets City Code requirements. Mayor Aaker called a recess at 8:32 P.M. and called the meeting back to order at 8:46 P.M. The City Council interviewed the following applicants for Ward 1 Coun- cilmember position: David Anderson and Pauline Langsdorf. 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 Smothers to adjourn the meeting. ATTEST: City Clerk and seconded by Councilmember Herbes Motion Carried.. 4zv (f Mayor LJI 24 SEPTEMBER 1985 Pursuant to due call and notice thereof, a Special meeting of the Crystal City Council was held on September 24, 1985, 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: Schaaf, Smothers, Herbes, Aaker, Moravec, Rygg. Also present were the following staff members: John T. Irving, City Manager; 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. Moved by Councilmember Moravec and seconded by Councilmember Herbes to consider a lease agreement between Thorson Community Center and District 281. Motion Carried. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the lease agreement between Thorson Community Center and School District 281 for Room 117, as proposed in a memo to the City Manager from the Administrative Assistant, dated September 24, 1985, and further, that the Mayor and City Manager be authorized to sign such agreement. Motion Carried. The City Council discussed present and future plans of the Park and. Recreation Department with Ed Brandeen, Director of that Department. Moved by Councilmember Herbes and seconded by Councilmember Smothers to consider trimming of certain trees on private property in 1985. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Moravec to table the discussion on tree trimming of certain trees on private property in 1985, until the October 1, 1985, meeting. Motion Carried. The City Council discussed present and future plans of the Police De- partment with James Mossey, Chief of Police. The City Council then discussed present and future plans of the fi- nances of the City with Miles Johnson, Finance Director. Moved by Councilmember Herbes and seconded by Councilmember Moravec to adjourn the meeting. ' Motion Carried. Mayor ATTEST: City Clerk 143 144 1 OCTOBER 1985 Pursuant to due call and notice thereof_, the regular meeting of the Crystal City Council was held on October 1, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Aaker, Moravec, Rygg. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Dan Smith, Assistant City Engineer; Bill Barber, Assistant Building Inspector; 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 September 17, 1985, and the Special Council meeting of September 24, 1985, were approved. The City Council considered appointing an eligible person to fill the vacancy in the office of Councilmember Ward 1 in the City of Crystal. The Mayor asked if there were any nominations for the position. Coun- cilmember Rygg then j_A ac(d in nomination the name of Pauline Langsdorf. The Mayor then asked if there were other nominations and hearing none, declared the nominations closed. The Playor then asked for a roll call vote on the appointment of Ms. Langsdorf and upon vote being taken the vote was as follows: Smothers, Herbes. Motion Carried. Voting aye: Schaaf, Rygg, Moravec, Aaker; voting no: Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-82 RESOLUTION APPOINTING AN ELIGIBLE PERSON TO FILL THE VACANCY IN THE OFFICE OF C017NCILMEMBER WARD 1 BE IT HEREBY RESOLVED by the City Council of the City of Crys- tal, Minnesota as follows: 1. There exists a vacancy in the office of Councilmember Ward 1 in the City. 2. Pursuant to Section 2.07 of the City Charter the Council is required to fill the vacancy forthwith until the next regular Muni- cipal Election at which time the office shall be filled for the un- expired term, if any. LSI 145 1 OCTOBER 1985 3. Pauline Langsdorf, an eligible person, is appointed to the office of Councilmember Ward 1 to serve until her successor is elected and qualifies for office. By roll call and voting aye: Schaaf, Smothers, Her.bes, Moravec, Rygg, Aaker. Motion carried, resolution declared ado -ted,- 1 , Mayor ATTEST: City Clerk Mrs. Delores Ahmann, City Clerk, then administered the Oath of Office to Pauline Langsdorf, Councilmember Ward 1, after which she took her seat on the Council. It being 7:00 P.M., or as soon thereafter as the matter can be heard, Mayor Aaker declared this is 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 pre- sent to voice their opinions or ask questions concerning the assess- ments. Those present and heard were: Bill Mundale, 4236 Kentucky Ave. N. A letter from Betty A. Harasyn, 4656 Maryland Ave. N., was pre- sented to the Council. 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. 85-83 RESOLUTION CONFIRMING ASSESSMENTS FOR IMPROVEMENTS INCLUD- ING STREET REPLACEMENT IMPROVEMENT NO. 6486 (64-D), STREET IMPROVEMENT NO. 6586 (65-A), GRADING & BASE IMPROVEMENT NO. 6586 (65-8), BLACKTOP IMPROVEMENT NO. 6586 (65-B), CURB & GUTTER IMPROVEMENT NO. 6586 (65-B), SANITARY SEWER IMPROVE- MENT NO. 6586 (65-B), WATER LATERAL IMPROVEMENT NO. 6586 (65-B), SEALCOAT IMPROVEMENT NO. 6586 (65-F), SEALCOAT IM- PROVEMENT NO. 6586 (65-D), SEALCOAT ALLEY IMPROVEMENT NO. 6586 (65-D), DISEASED TREE REMOVAL 1986, DELINQUENT WEED CUTTING 1986, DELINQUENT SEWER & WATER UTILITY CHARGES & STREET LIGHTING 1986 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: 146 1 OCTOBER 1985 Street Replacement #6486 . . . . Street Improvement #6586 . . . . Grading & Base #6586 . . . . . . Blacktop #6586 . . . . . . . . . Curb & Gutter #6586 . . . . . . Sanitary Sewer #6586 . . . . . . Water Lateral #6586 . . . . . . Sealcoat #6586 . . . . . . . . . Sealcoat Alley #6586 . . . . . . Diseased Tree Removal 1986 . . . Delinquent Weed Cutting 1986 . . Delinquent Sewer & Water Utility Charges & Street Lighting 1986 2. years 5 years 10 years 5 years 10 years 20 years 20 years 2 years 2 years 5 years 1 year 1 year more fully described in notice as published in Notice of Public Hearing in the North Hennepin Post on September 12, 1985, and said assessment roll having been heretofore ordered filed with the City Clerk, open to public inspection, together with tabulated statement in duplicate show- ing the proper description of each lot and every parcel, piece or tract of land to be specially assessed and the amount calculated 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, piece 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 constitute the assessment roll for the improvements and service charges as set forth in Item No. 1 of this resolution. 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 cut- ting charges will be assessed directly against the property that re- ceived the service. The entire amount assessed against any parcel of 147 1 OCTOBER 1985 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 1985, collectible with such taxes during the year 1986, if they are not prepaid by September 13, 1985. 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 12, 1985 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 (7-1/2) per cent per annum on the entire assessment from the date of the Resolution levying said assessment to December 31, 1986 and each such subsequent installment shall be paid with one (1) year's interest 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: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, r s9lution cXclared adopted. Mayor 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 sit as a Board of Adjustments and Appeals to consider a request from Thomas E. Limond for a variance to expand a non -conforming use (house encroaches 10' in the required 30' front yard setback) to allow the construction of a 19'x10' 3 -season porch at 6715 - 45th Place North. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. 148 1 OCTOBER 1985 Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the authorization to grant a variance pursuant to Section 515.05, Subd. 2, to expand a non -conforming use, the non -conformity being the house encroaches 10' in the required 30' required front yard setback, to allow the construction of a 19'x10' 3 -season porch at 6715 45th Place North, as requested in variance application #85-41 by Thomas E. Limond. 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 consider estab- lishment of a tax increment district for the Nafstad housing project. The Mayor asked those present to voice their opinions or ask questions concerning the project, Those present and heard were: Norm Nafstad, proponent of project Shirlie Lundgren, 6307 34th Ave. Mr. Nessly, 5900 29th Place N. Don Slough, 3301 Brunswick Rita Friedman, 5908 Medicine Lk. Rd. Mike Abrams, 6017 29th Place N. Mr. Dechaine, 3160 Welcome Ira Burhans, 5924 29th Place N. Ed McCollum, 5908 29th Place N. Resident, 3211 Zane Ave. N. Kathy Smaagaard, 3210 Adair Don McDonald, 3200 Colorado Jack Price, 6012 Medicine Lake Rd. Jim Wurth, 5530 32nd Ave. N. After much discussion, the Mayor closed the public hearing. Moved by Councilmember Rygg and seconded by Councilmember Smothers to refer the Nafstad project proposal to the Planning Commission for comment and review. Motion Carried. The Mayor called a recess at 9:10 P.M. and reconvened the meeting at 9:22 P.M. 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 discuss the City of Crystal Budget for 1986 and the Revenue Sharing Budget for 1986. The Mayor asked those present to voice their opinions or ask questions concerning the budgets. No one appeared. The City Manager recommended to the Council the following changes in the proposed City budget for 1986: To allocate an additional $750 to Account #4390 in Department 16, To allocate an additional $200 to Account #4220 in Department 12, To allocate $500 to Account #4540 in Department 12, To allocate $500 to Account #4540 in Department 29, and further,to recommend to the Council that the following allocations be made from the 1986 Revenue Sharing funds Year XVII: Election Computer - $40,000 Economic Development - $60,000 After some discussion, the following motion was made: 149 1 OCTOBER 1985 Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the changes to the 1986 City Budget and the 1986 Revenue Sharing funds Year XVII, as recommended by the City Manager. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-84 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) $5,010,662 Bond Requirements 24,400 Police Relief Association 203,546 Firemen's Relief Association 30,800 PERA-FICA 220,000 Audit Costs 12,500 BE IT FURTHER RESOLVED that there is hereby levied for certifi- cation to the County Auditor the following amounts as indicated: General Fund (City Operations) $1,953,268 Bond Requirements 24,400 Police Relief Association 203,546 Firemen's Relief Association 30,800 PERA-FICA 220,000 Audit Costs 12,500 BE IT 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 $40,000 for an election computer and $60,000 for Economic Development be appropriated from General Revenue Sharing Year XVII revenue. 150 1 OCTOBER 1985 By roll call and voting aye: ATTEST: City Clerk John Schaaf R. L. (Rollie) Sm6�_hers i Betty He es Paul ne yLangs T_�romds Aaker Jo4h Moravec Adrian Rygg F ,- Motion carried, resolutioKdde lared adopted. j Mayor The City Council considered a transfer of funds from Emergency Allow- ance to Board of Prisoners within Department 32. Moved by Councilmember Herbes and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 151 1 OCTOBER 1985 RESOLUTION NO. 85-85 RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfer: FROM TO AMOUNT Emergency Allowance Board of Prisoners $28,000 By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, rem lution d9-1ared adopted. Mayor ATTEST: r. City Clerk The City Council considered the recommendation of the Mayor to appoint persons to serve on the Crystal HRA for unexpired terms ending Feb- ruary 1, 1986, and February 1, 1989. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to approve the recommendation of the Mayor to appoint John Moravec to the Crystal HRA for an unexpired term ending February 1, 1986; and to appoint John Schaaf to the Crystal HRA for an unex J r_ed term ending February 1, 1989. motion Carried. The City Council considered a lease agreement between the City of Crystal and the Northwest Hennepin Human Services Council for rental of space at Thorson Community Center. Moved by Councilmember Rygg and seconded by Councilmember Herbes to approve a lease agreement between the City of Crystal and the North- west Hennepin Human Services Council for rental of space at Thorson Community Center, and further, that the Mayor and City Manager be au- thorized to sign such agreement. Motion Carried. The City Council considered a tree trimming proposal for trimming trees on private property which affect safety on public property or restrictsthe sight lines for regulatory signs. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve a tree trimming proposal for trimming trees on private property which affect safety on public property or restricts the sight lines for regulatory signs. Motion Carried. The City Council considered the First Reading of an ordinance pro- viding for the sale of certain municipally owned property. 152 1 OCTOBER 1985 Moved by Councilmember Smothers and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN MUNICIPALLY OWNED PROPERTY and further, that the second and final reading be held on October 15, 1985. Motion Carried. The City Council considered an application for a fire lane at Bassett Creek Townhomes, 3504-3518 Douglas Drive. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the authorization to construct a fire lane at Bassett Creek Townhomes, 35043518 Douglas Drive, as requested by Glen Rognrud in his application dated September 24, 1985. 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 Schaaf to adjourn the meeting. Motion Carried. ATTEST: Ji._ G - �' �' r, c'_ City Clerk I �/Xt i Mayor 153 15 OCTOBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on October 15, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Langsdorf, Aaker, Moravec, Rygg. Also present were the fol- lowing staff members: John Irving, City Manager; David Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, 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 Flaa. The minutes of the regular Council meeting of October 1, 1985, were approved. The City Council considered a request from Merle Mattson for a build- ing permit to remodel the interior of a building at 4725 - 36th Ave. N. Mr. Mattson was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve, as recommended by the Planning Commission, the authoriza- tion to issue h uilding permit #7028 for interior remodeling at 4725 - 36th Avenue North, Lot 1, Block 1, Noble Drug Complex, subject to stan- dard procedure. Motion Carried. The City Council considered a request from James and Marianna Bauer for a private kennel license at 6500 - 29th Ave. N. James Bauer was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to approve the request for a private kennel license at 6500 - 29th Avenue North, subject to the conditions set forth in the memo from the Sanitarian dated September 30, 1985. Motion Carried. The City Council considered a request from Mr. & Mrs. Conrad Engelstad for a private kennel license at 6407 - 61st Avenue North. Mr. Engel- stad was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the request for a private kennel license at 6407 - 61st Ave. N. with the condition that the home be maintained in a clean and sani- tary manner. Motion Carried. The City Council considered a petition to store snow plowed on 29th Avenue North between Douglas Drive and Hampshire Ave. against the south side of 29th Avenue. Chester Pietrzak, 6516 - 29th Ave. N. was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to request staff to prepare a feasibility report on the possible re- routing of snow plows to accomplish storing snow against the south side of 29th Avenue. Motion Carried. 154 15 OCTOBER 1985 The City Council considered a request for a two-way stop sign going north and south at 35th and Kyle and/or a three-way stop sign at 34th and Kyle. Jill Scholz, 3506 Kyle, and Mrs. Roy Maki, 3501 Kyle, were present and heard. Moved by Councilmember Moravec and seconded by Councilmember Smothers to request staff to install a four-way stop sign at 35th and Kyle Avenues North, and to consult with the City of Golden Valley regarding a stop sign at 34th and Kyle. Motion Carried. The City Council considered a request from Caroline Carringer to waive the requirement of a license fee for the reminder of 1985 for a new establishment. Mrs. Carringer was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to approve the request to waive the license fee for the Crystal Dairy Queen at 6827 Bass Lake Road for the remaining months of the year 1985. By roll call and voting aye: Schaaf, Smothers, Herbes, Rygg, Moravec; voting no: Langsdorf, Aaker. Motion Carried. The City Council considered setting surety in the amount of $9,800 as a guaranty of faithful performance of a building permit to construct a storage building at 3231 Nevada Ave. N. Alfred Gibson, representing Ed DeJarlais, was present and heard. Moved by Councilmember Rygg and seconded by Councilmember Herbes to set surety in the amount of $9,800 as a guaranty of faithful perfor- mance of a building permit to construct a storage building at 3231 Nevada Ave. N., as recommended by the City Engineer. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to approve, as recommended by the Planning Commission, the authoriza- tion to issue building permit #7050 for construction of a storage build- ing at 3231 Nevada Ave. N., subject to standard procedure; also sub- ject to receipt of surety and signed agreement within 14 days. Motion Carried. The City Council considered accepting a bond in the amount of $42,000, entering into agreement and issuing a building permit for Skipper's Restaurant located at 6230 - 56th Ave. N. Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept surety in the amount of $42,000 .from Skipper's Restaurant as a guaranty of faithful performance of certain work requirements as a con- dition of issuance of a building permit for 6230 - 56th Ave. N. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to enter into agreement with Skipper's Restaurant for the purpose of guar- anteeing faithful performance of certain work requirements as a con- dition of issuance of a building permit for a restaurant, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. 155 15 OCTOBER 1985 Moved by Councilmember Schaaf and seconded by Councilmember Moravec to approve the authorization to issue building permit #6962 for a 451x48' restaurant at 6230 - 56th Ave. N., subject to standard pro- cedure. Motion Carried. The City Council considered a $780,000 industrial revenue bond for PBM Associates Crystal Project. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-zo6 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $780,000 INDUSTRIAL DEVELOPMENT REVENUE BOND OF 1985 (PBM ASSOCIATES CRYSTAL PROJECT) PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 WHEREAS, the City of Crystal (City) is authorized by the Minne- sota Municipal Industrial Development Act, as amended, (Act) to issue its revenue bonds and to make secured or unsecured loans to finance the acquisition of real property and the acquisition or construction of buildings and improvements on such real property and the installa- tion of machinery and equipment of any and all kinds and any other per- sonal properties deemed necessary in connection with a project, as defined in the Act, and WHEREAS, the City has made the necessary arrangements with PBM Associates Crystal, a Minnesota general partnership (Company), for the acquisition and construction by the Company of a commercial fa- cility (Project), which will be of the character contemplated by and will accomplish the purposes provided by the Act, and WHEREAS, it has been determined that a bond in the principal amount of $780,000 should be issued, sold and delivered to provide proceeds for a loan to be made to the Company to pay a part or all of the cost of the Project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: Section 1. Definition, Exhibits and General Provisions. 1.01. Definitions. In this Resolution the following terms have the following respective meanings unless the context hereof clearly requires otherwise: 1.02. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended: 1.03. Assignment: the Assignment of Rents and Leases between Company and Bank; 156 15 OCTOBER 1985 1.04. Bond Register: the Register maintained by the City pur- suant to Section 4.02 hereof; 1.05. City: the City of Crystal, Minnesota, its successors and assigns; 1.06. Disbursing Agreement: the Escrow and Disbursing Agreement among Bank, City, company and Title Services, Inc. 1.07. Guaranty: the personal Guaranties given by Dennis B. Per- sons, James L. Persons and Wallace V. Moore to the Bank. 1.08. Holder: the Registered Holder of the Bond; 1.09. Loan Agreement: the Loan Agreement between the City and the Company and any amendments or supplements thereto; 1.10. Mortgage: that certain Mortgage, Security Agreement and Fixture Financing Statement by the Company to the Bank; 1.11. Bond: the Industrial Development Revenue Bond of 1985 (PBM Associates Crystal Project) in the aggregate principal amount of $780,000, to be issued by the City pursuant to this Resolution. 1.12. Payment Date: a date on which an installment of interest or of principal and interest is due on the Bond; 1.13. Pledge Agreement: the Pledge Agreement by which the City assigns to Purchaser certain of its rights under the Loan Agreement as security for the Bond; 1.14. Purchaser: First National Bank of Minneapolis, Minnesota, (sometimes referred to as "the Bank"); 1.15. Resolution: this Resolution, including any amendment thereto. Section 2. Approval of Documents: General Provisions Relatin to the Bond. 2.01. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition and construction of projects as defined in the Act, and to make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of such authority. 2.02. Preliminary City Approval: Approvals the Energy and Economic Development Authority. By resolution duly adopted by this Council on April 2, 1985, the Council gave preliminary approval to the sale of revenue bonds and the loan of proceeds to the Company for the construction of the Project, and authorized the preparation of such documents as may be appropriate to the Project and the issuance and sale of the Note. The Project has received approval from the Min- nesota Energy and Economic Development Authority on August 28, 1985. 157 15 OCTOBER 1985 2.03. Approval of Documents. Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be placed on file in the office of the City Clerk, and which are approved substantially in the form presented, subject to such modifications as are acceptable to the parties and the City Attorney: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Disbursing Agreement; (d) the Bond; (e) the Mortgage; (f) the Assignment; and (g) the Guaranty. Documents (e) , (f) and (g) are not to be executed by the City. 2.04. Form and Authorized Amount. The Bond shall be issued sub- stantially in the form set forth in Exhibit A attached to the Loan Agreement, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Article and Article Three. The total principal amount of the Bond to be delivered hereunder is ex- pressly limited to $780,000. 2.05. Execution. The Bond may be in typewritten form and shall be executed on behalf of the City by the manual signatures of the Mayor and City Manager, shall have the official seal of the City affixed or imprinted thereon. In case any officer whose signature appears on the Bond shall cease to be such officer before the delivery of the Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until. delivery. 2.06. Mutilated, Lost and Destroyed Bond. In case the Bond shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Bond of like amount, number, maturity date and tenor in exchange and substi- tution for and upon cancellation of such mutilated Bond or in lieu of and in substitution for such Bona destroyed or lost, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith, and, in case of a Bond destroyed or lost, its filing with the City evidence of such loss or destruction satisfactory to it to- gether with the indemnity required by Section 475.70 of the Act. If the mutilated, destroyed or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. 2.07. Redemption. The Bond is subject to redemption and prepay- ment without premium in whole or in part, in multiples of $100,000, by the City at the direction of the Obligor on any Payment Date. The Bond may also be prepaid in whole but not in part at the option of the Obligor upon certain conditions involving damage to or destruction 158 15 OCTOBER 1985 of the Project or taking of the Project is also further subject to redemption in City at the direction of the Holder upon Article 5 of the Loan Agreement. by eminent domain. The Bond whole but not in part by the certain events specified in 2.08. Cancellation. When the Bond has been redeemed or other- wise paid in full, it shall be cancelled by the City and shall not be reissued. The Holder shall deliver to the City either the cancelled Bond or a certificate of a responsible officer of the Holder certify- ing as to the destruction thereof. 2.09. Registration: Securities Act. The Bond has not been reg- istered under the Securities Act of 1933, as amended, or under any state securities laws for initial distribution, and the Bond has been sold initially only to the Bank pursuant to the investment represen- tation of the Bank as Purchaser. 2.10. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Bond Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Bond. The Bond shall be transferable only upon the Bond Register by the Registered Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Bond together with a written instrument of trans- fer satisfactory to the City Clerk and the City Attorney, duly executed by the Registered Holder or its duly authorized attorney. Upon such transfer the City shall note the date of registration and the name and address of the new registered owner in the Bond Register and in the registration blank appearing on the Bond. Alternatively, the City shall, at the request and expense of the registered Holder, issue a new Bond in aggregate outstanding principal amount equal to that of the Bond surrendered, and of like tenor except as to principal amount, and registered in the name of the registered Holder or such transferee as may be designated by the registered Holder. The City may deem and treat the person in whose name the Bond is last registered in the Bond Register and by notation on the Bond as the absolute owner thereof, whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes. The Bond shall be initially registered in the name of the Bank. 2.11. Cessation and Continuation of Interest. Interest on the Bond shall cease on its payment in full. If the Bond is not presented for payment when due, and if funds sufficient to pay the Bond shall have been paid to the Holder, (i) all obligations of the City for payment of the Bond shall forthwith cease and (ii) the Holder of the Bond shall thereafter have no rights with respect thereof except to receive pay- ment therefor. Section 3. Authorization and Sale: Terms and Conditions of the Bond. 3.01. Approval of Terms. The City shall forthwith issue and- sell ndsell the Bond the principal amount of $780,000. The Bond shall be in 159 15 OCTOBER 1985 substantially the form set forth in Exhibit A to the Loan Agreement, which terms and provisions are hereby approved and incorporated herein. Principal and interest shall be payable at First National Bank of Minneapolis, Minneapolis, Minnesota 55402. 3.02. Sale of Bond. The offer of the Bank to purchase the Bond at a price of $780,000 in accordance with the terms of the Loan Agree- ment is hereby found to be reasonable and is accepted. 3.03. Delivery of the Bond. The Bond shall be delivered to the Bank upon payment of the purchase price on the Closing Date as defined in the Loan Agreement, and upon compliance with all conditions of Ar- ticle 3 of the Loan Agreement relating to closing and delivery. Section 4. Approvals and Authorization: Limitations of Cit Obligation. 4.01. Authorization: Authentication of Transcript. Upon the execution of the documents approved in Section 2 hereof, the Mayor and City Manager are authorized and directed to execute the Bond on behalf of the City and to deliver it to the Bank, and to execute such other certifications, documents or instructions as may be required by the Loan Agreement, or as bond counsel for the Bank shall require, and all such certifications, recitals and representations of the City, including any heretofore furnished, shall constitute a representation of the City as to the accuracy of all statements contained therein. Upon delivery of the Bond, the proceeds thereof shall be disbursed to the Company pursuant to the Loan Agreement. Execution of any in- strument or document by one or more appropriate officers of the City shall constitute, and shall be deemed the conclusive evidence of, the approval and authorization by the City and the Council of the instru- ment or document so executed. In the event of the absence or disability of the Mayor or City Manager, officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the Council do all things and execute all in- struments and documents required to be done or executed by such absent or disable officials. 4.02. Registration Records. The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The princi- pal of and interest on the Bond shall be paid to the Bank for the ac- count of the Holder entitled thereto in Federal or other immediately available funds. The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolution to the Director of Property Taxation of Hennepin County, together with such other information as said officers may require, and to obtain the certificates as to entry of the Bond on the Bond Register as required by the Act and Minnesota Statutes, Section 475.63. 4.03. Limitation of the City's Obligations. Notwithstanding anything contained in the Bond or the Loan Agreement or any other doc- uments relating thereto, the Bond shall not constitute a debt of the City within the meaning of any constitutional, statutory, or charter 160 15 OCTOBER 1985 limitation, anuul shall not be payable from or charged upon any funds other than the revenuepledgedto the payment thereof, and the City shall not be subject to any liability thereon, and no holder of the Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bond or the interest thereon, or to en- force payment thereof against any property of the City, and the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in the Bond and the Loan Agreement shall be subject at all times to the availability of revenues furnished by the Company sufficient to pay all costs of such perfor- mance or the enforcement thereof, and neither the City nor any of its officials, officers, agents or employees shall be subject to any per- sonal liability thereon. 4.04. Execution and Delivery. The Mayor, the Manager, the Clerk and the City Attorney are authorized and directed to take all actions necessary to carry out the provisions of this Resolution relating to the execution and delivery of the Bond and the other documents described herein. By roll call and voting aye: Schaaf, Smothers, Herbes _Langsdorf, Moravec, Rygg, Aaker. Motion carried, re,so.lution de"c ared adopted. ATTEST: ,�- city Clerk Mayor The City Council considered a request from Northern Minnesota Thera- peutic Camp to the State of Minnesota for a gambling license at the Paddock Bar and at Doyle's Bowling Lanes. No action was taken. The City Council considered a request from Crystal Lions Club to the State of Minnesota for a gambling license at Rostamo's. No action was taken. The City Council considered accepting bond in the amount of $112,000, entering into agreement and issuance of building permit for a retail - office building at 5430 Douglas Drive, as requested by J. B. Sweden- borg Construction Company (Crystal Linoleum). Moved by Councilmember Herbes and seconded by Councilmember Smothers to accept surety in the amount of $112,000 from J. B. Swedenborg Con- struction Company, as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for a retail -office building at 5430 Douglas Drive. Motion Carried. 1 [1 161 15 OCTOBER 1985 Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to enter into agreement with J. B. Swedenborg Const., Inc. & PBM Pssociates to guarantee faithful performance of certain work requirements as a conditio. of issuance of a building permit for a retail -office building, and further, to authorize the Mayor and City Manager to sign such agree- ment. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve, as recommended by the Planning Commission, the issuance of building permit #6883 for a retail -office building at 5430 Douglas Drive, to J. B. Swedenhoro, suhject to standard procedure. Motion Carried. The City Council considered a request from Norman Nafstad for tax incre- ment financing for an apartment complex proposal, and a development program. The following persons were present and heard: Alfred Smith, 3016 Florida Burt Genis, 5941 29th Place N. Elaine Strom, 2900 Douglas Dr. Marianne Wille, 3505 Brunswick Shirlie Lundgren, 6307 34th Ave. Paulette Magnuson, 3159 Jersey Mildred Miller, 3313 Brunswick Joe Thorne, 6802 - 36th Ave. Joel Frary, 3043 Hampshire Kathy Smaagaard, 3210 Adair Don Slough, 3301 Brunswick Terry Moriarity, 3232 Yates Mike Abrams, 6017 29th Place Jan Carlson, 3240 Yates Dale Linderholm, 3242 Brunswick Gary Nafstad, proponent spokesperson Mr. David Kennedy, City Attorney, explained the procedure of tax incre- ment financing. After much discussion, the following motion was taken: Moved by Councilmember Smothers and seconded by Councilmember Herbes not to approve the tax increment financing and development program in connection with the Nafstad project, and further, to refer the proposal back to the Planning Commission to study concerns such as, traffic, density, flooding of low land, schooling, police protection, street repairs and maintenance. Motion Carried. The Mayor called a recess at 9:45 P.M. and called the meeting back to order at 9:58 P.M. The City Council considered the release of surety in the amount of $18,000 from Noble Investments as part of work requirements for build- ing permit approval. Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to release the surety for Noble Drug Complex. The Mover and Seconder agreed to withdraw the motion. The City Council considered surety release in the amount of $6,000 for North Star Bank. 162 15 OCTOBER 1985 Moved by Councilmember Moravec and seconded by Councilmember Rygg to accept the work required as a condition of building permit approval for North Star Bank, 7000 Bass Lake Road, subject to guarantee provi- sions of the agreement effective this date and that surety in the amount of $6,000 be released, as recommended by the City Engineer. Motion Carried. The City Council considered the Second Reading of an ordinance provid- ing for the sale of certain municipally -owned property. Moved by Councilmember Smothers and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 85-15 AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN MUNICIPALLY -OWNED PROPERTY and further, that this be the second and final reading. Motion Carried. The City Council considered an application for a fire lane from Kraus Anderson for Crystal Gallery Retail Center. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the authorization to construct a fire lane at Crystal Gallery, as requested by Kraus Anderson in an application dated October 3, 1985. Motion Carried. The City Council considered the First Reading of an ordinance recom- mended by the Planning Commission relating to off-street parking. Moved by Councilmember Moravec and seconded by Councilmember Ryag to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE AMENDING S-ECTION 515.09, SUBD. 4 h) 1) , SUBD. 8 cc) AND SUBD:. 8 dd) OF THE ZONING CODE and further, that the second and final reading be held on November 6, 1985. Motion Carried. The City Council considered setting a date for an assessment hearing on sidewalk repair Improvement Project No. 65-E. Moved by Councilmember P^oravec and seconded by Councilmember Schaaf to set 7:00 P.M., December 3, 1985, as the time and date for an assess- ment hearing on sidewalk repair Improvement No. 65-E. Motion Carried. The City Council considered the continuance of televising the City Council meetings. Moved by Councilmember Smothers to table for one month discussion of continuance of televising City Council meetings. Motion Died for Lack of a Second. 15 OCTOBER 1985 Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to continue televising City Council meetings on a permanent basis. By roll call and voting aye: Rygg, Moravec, Aaker, Schaaf, Langsdorf; voting no: Herbes, Smothers. Motion Carried. The City Council considered changing the regular meeting date of Novem- ber 5, 1985, to November 6, 1985. Moved by Councilmember Smothers and seconded by Councilmember Herbes to change the first regular meeting of the City Council in November to November 6, 1985, because the City Election will he held on Novem- ber 5. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to consider a building permit to build an airplane hangar on Lot 7B-1 at the Crystal Airport, requested by Ron Billstrom, as an added item to the agenda. Motion Carried. Ron Billstrom was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the authorization to issue building permit #7026 to build a 401x154' airplane hangar on Lot #7B-1 Crystal Airport, subject to standard procedure, as recommended by the Planning Commission, and subject to receiving copy of the lease from MAC. Motion Carried. Proved by Councilmember Moravec and seconded by Councilmember Herhes 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. Lotion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor 168 164 6 NOVEMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on November 6, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Langsdorf, Aaker, Moravec, Rygg. Also present were the fol- lowing staff members: John Irving, City Manager; Dave Kennedy, City Attorney; John Olson, F,ssistant City ^^.anager; William Sherburne, 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. The minutes of the regular Council meeting of October 15, 1985, were approved. Mayor Aaker declared this was the time and date for the official can- vass of the results of the General Municipal Election held on November 5, 1985. The City Clerk presented to the Council the certification of the returns of the election. 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. 85-87 RESOLUTION CANVASSING THE VOTE AND DECLAEINC- 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 5, 1985, 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 MAYOR - Thomas N. Aaker FOR SECTION I COUNCILMEMBER - John Moravec FOR WARD 3 COUNCILMEMBEP - Steven C. Leppa FOR CC:UNCILMEMBER WARD 4 - Betty Herbes By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resolution declared adopted. ATTEST: Mayor --, City Clerk 165 6 NOVEMBER 1985 The City Council considered a request for a private kennel license from Patrick Waste, 4708 Edgewood Ave. N. The applicant was present. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the request for a private kennel license at 4708 Edgewood Avenue North. Motion Carried. The City Council considered a request for a private kennel license from Paul and Roni Olson, 6413 61st Ave. N. Mr. & Mrs. Olson were present. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request for a private kennel license at 6413 - 61st Avenue North. Motion Carried. The City Council considered requests from the Metropolitan Airports Com- mission for sign variances to erect a free-standing sign at the entrance to the airport on the frontage road adjacent to Highway #169; and to install identification signs in excess of 4 sq. ft. at the east entrance to the Crystal Airport. Greg Fries, of MAC, was present and heard. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the authorization to grant a variance to the sign ordinance pur- suant to Section 406.17, Subd. 2, to erect a free-standinq sign at the entrance to the airport on the frontage road adjacent to Highway #169, as requested in Variance Application #585-7. Motion Carried. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to approve the authorization to grant a variance to the sign ordinance pur- suant to Section 406.15, Subd. 3, to install identification signs in excess of 4 sq. ft. at the east entrance to the Crystal Airport, as re- quested in Variance Application 4S85-6. Motion Carried. William Garber, Chair of the Environmental Commission, appeared be- fore the City Council to request a change in the name of the Commission from the Environmental Commission to the Environmental Quality Com- mission. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 305 and further, that the second and final reading be held on December 3, 1985. Motion Carried. The City Council considered bids for a fuel manaqement system. Moved by Councilmember Rygg and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: 166 6 NOVEMBER 1985 RESOLUTION NO. 85-88 RESOLUTION AWARDING BID FOR A FUEL MANAGEMENT SYSTEM WHEREAS, the City of Crystal did advertise for bids for a fuel management system, and WHEREAS, such bids were received and publicly opened on October 30, 1985, and tabulated as follows: Northwest Service Station Equipment Co. . $12,590.00 Pump and Meter Service, Inc. . . . . . . 17,122.00 Zahl Equipment Co. . . . . . . . . . . . 19,994.00 Hoffmann Electric Co. . . . . . . . . . . 27,210.00 AND WHEREAS, Northwest Service Station Equipment Company is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a fuel management system to Northwest Service Station Equipment Company, in the amount of $12,590.00, and BE IT FURTHER RESOLVED that the Mayor and City rlanager be author- ized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, re/solution declared adopted. �__— �' .' Mayor ATTEST: City Clerk The City Council considered a resolution regarding an agreement to receive two breath test instruments from the State of Minnesota. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-P9 A RESOLUTION REGARDING AN AGREEMENT TO RECEIVE TWO BREATH TEST INSTRUMENTS FROM THE STATE OF MINNESOTA BE IT RESOLVED that the City of Crystal enter into an agreement with the State of Minnesota, Department of Public Safety, for the pur- pose of receiving from the State of Minnesota, Department of Public Safety, preliminary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinances in conformity therewith. BE IT FURTHER RESOLVED that the City Manager and the Chief of Police be and they hereby are authorized to execute such agreement. 167 6 NOVEMBER 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Langpdorf, Moravec, Rygg, Aaker. Motion carried, resolttion declared adopted. �^ Mayor ty ATTEST: .i City Clerk The City Council considered a resolution regarding changes in the HUD regulations and use of funds for scattered site housing projects. Moved by Councilmember Moravec and seconded by Councilmember Langs- dorf to adopt the following resolution, the reading of which was dis- pensed with by unanimous consent: RESOLUTION NO. 85-90 RESOLUTION REGARDING TRANSFER OF REVENUE SHARING FUNDS AND COMMUNITY DEVELOPMENT FUNDS WHEREAS, the City of Crystal had allocated $60,000 from Community Development Block Grant Funds for the purchase of scattered site hous- ing within the City, and WHEREAS, the City of Crystal has used the Housing Finance Agency income guidelines for this program since its inception, and WHEREAS, the Department of Housing and Urban Development has in- dicated that the income levels now cannot be the same as those from the Minnesota Housing Finance Agency, but must be the Section 8 in- come guidelines, <)nd WHEREAS, this sudden change has placed the City in the position of having approved prospective owners with incomes meeting the Housinq Finance Agency income guidelines but not the Section 8 income guide- lines, and WHEREAS, the Department of Housing and Urban Development will not release funds used to purchase the property for these four homes but has indicated that if the City would wish to transfer this money to be used for Economic Development for engineering and administrative fees which have already been accumulated, that it would approve that transfer and release the allocation of the money, and WHEREAS, the City of Crvstal had already allocated revenue shar- ing funds for this purpose, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, that (1) Community Development Block Grant funds be trans- ferred from Scattered Site Housing to Economic Development to be used 6 NOVEMBER 1985 for engineering and administrative fees on the Florida Avenue project and (2) that Revenue Sharina funds initially allocated for Economic Development in the amount of $60,000 be transferred to replace the Community Development monies initially allocated for scattered site housing. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf_, Moravec, Rygg, Aaker. Motion carried, r olution declared adopted. Mayor ATTEST: City Clerk The City Council considered the release of surety in the amount of $18,000 from Noble Investments as a part of work requirements for building permit approval. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to accept the work required as a condition of building permit approval for Noble Drug Complex, 4705-11 - 36th Ave. N., subject to guaranty provisions of the agreement effective this date, and that the letter of credit drawn on First Bank Robbinsdale No. 82-95 in the amount of $18,000 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Council considered accepting surety in the amount of $10,000, entering into agreement and issuing a building permit for a storage building at 3231 Nevada Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to accept surety in the amount of $10,000, as a guarantee of faithful performance of work requirements as a condition of issuance of build- ing permit for 3231 Nevada Ave. N. Motion Carried. Moved by Councilmember Herbes and seconded by Councilmember Moravec to enter into agreement for the purpose of guaranteeing faithful per- formance for certain work requirements as a condition of issuance of a building permit for a storage building at 3231 Nevada Ave. N., and further, to authorize the Mayor and City Manager to sign such agree- ment. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Rygg to approve the authorization to issue building permit #7050 for construc- tion of a storage building at 3231 Nevada Ave. N., subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered the Second Reading of an ordinance re- garding parking changes. 169 6 NOVEMBER 1985 Moved by Councilmember Moravec and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 85-16 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I (ZONING) , SUBSECTIONS 515.09, SUBDIVISION 4, CLAUSE h) 1) : 515.09 , SUBDIVISION 8, BY ADDIiN?G CLAUSES and further, that this be the second and final reading. Motion Carried. The City Council considered ratifying the action by the City Manager placing "No Parking" signs on the east side of Brunswick Avenue from 41st to 42nd Avenues. Moved by Councilmember Herbes and seconded by Councilmember Smothers to ratify the action taken by the City Manager to place "No Parking" signs on the east side of Brunswick Avenue from 41st to 42nd Avenues. Motion Carried. The City Council considered a transfer of $600 from Emergency Allow- ance in Department 32 to Clothing Allowance in Department 15. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-91 A RESOLUTION TRANSFERRING FUNDS BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the City Treasurer be authorized and directed to transfer the following funds: FROM TO AMOUNT Emergency Allowance Police Uniforms $600.00 By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resolutioya`declared adopted. Mayor ATTEST: City Clerk The City Council considered the First Reading of an ordinance relating to City legislative procedure. 170 6 NOVEMBER 1985 Moved by Councilmember Herbes and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE RELATING TO CITY LEGISLATIVE PROCEDURE: AMENDING CRYSTAL CITY CODE, SUBSECTION 100.07 AND 110.03 and further, that the second and final reading be held on December 3, 1985. Motion Carried. The City Council considered a request for a gambling license to the State of Minnesota by the Crystal Lions Club, at the Palace Inn, 5607 West Broadway. No action was taken. The City Council considered a request for a gambling license to the State of Minnesota by Northern Minnesota Therapeutic Camp, at the Palace Inn, 5607 West Broadway. No action was taken. The City Council considered a resolution authorizing Elanco Financial Services Corporate Charge Account, which the City Manager explained. 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. 85-92 RESOLUTION AUTHORIZING ELANCO FINANCIAL SERVICES CORPORATE CHARGE ACCOUNT WHEREAS, it is in the best interests of the City of Crystal to establish a Corporate Charge Card Account with Elanco Financial Ser- vices (EFS) under which certain designated agents and employees of the City will be authorized to obtain credit for the purchase of goods and services, and WHEREAS, EFS is willing to establish such an account in the name of the City of Crystal upon the terms and conditions of its Corporate Charge Card Application, and WHEREAS, the EFS regulations permit the repayment of all debts arising from the use of an EFS account on a deferred basis by making a minimum payment of $10 or 40 of the New Balance shown on the monthly statement, and WHEREAS, the City of Crystal intends to repay the full amount billed upon receipt of each monthly statement from EFS, AND WHEREAS, in consideration of the issuance of an EFS card to the City of Crystal, the City agrees that failure to pay amount billed (New Balance) on each monthly statement shall result in the cancellation of all EFS privileges to the City of Crystal and any amount owing on the City's account shall be immediately due and pay- able, 171 6 NOVEMBER 1985 NOW, THEREFORE, BE IT RESOLVED that John T. Irving, City Manager of the City of Crystal, be and is hereby authorized for and on behalf and in the name of the City of Crystal to execute and deliver to EFS an application for a Corporate Charge Card Account with two (2) cards being issued in the name of John T. Irving, pursuant to which the City of Crystal shall become obligated to repay to EFS the full amount of any credit extended to, or for the benefit of any person present- ing a charge card bearing the City of Crystal's name and account number, together with EFS's current applicable service charges therefore. BE IT FURTHER RESOLVED that John T. Irving, the City Manager, is hereby authorized for and on behalf and in the name of the City of Crystal to authorize EFS to issue charge cards bearing the name and account number of the City of Crystal to persons designated by him, in writing, to EFS from time to time, AND FURTHER, that the Mayor and City Manager be authorized to enter into and sign an agreement with EFS for the Corporate Charge Account. BE IT FURTHER RESOLVED that this resolution shall remain in full force and effect until a subsequent resolution of this City super- sedes this resolution and is duly certified and delivered to EFS. Moved by Councilmember Moravec to table the motion. Motion Died for Lack of a Second. The Mayor then called for a vote on the original motion. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Rygg, Aaker; voting no: Moravec. Motcarried, resolution declared adopted. / � r Mayor ATTEST ayorATTEST : .r City Clerk The City Manager stated that Edward C. Branden, Director of Parks and Recreation for the City of Crystal, will be receiving the Distinquished Service Award from the Minnesota Recreation and Parks Association on November 21, 1985. Moved by Councilmember Herbes and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 172 6 NOVEMBER 19P5 RESOLUTION NO. 85-93 RESOLUTION HONORING EDWARD C. BRANDEEN WHEREAS, Edward C. Brandeen has been employed as Director of Parks and Recreation for the City of Crystal since 1958, and WHEREAS, during that time he has been instrumental in the de- velopment of a City park system which now includes 21 parks, play areas, wildlife areas and a municipal swimming pool, and WHEREAS, the recreation program under his direction has met the changing needs of the community through various projects and innovative ideas to serve children, teens, adults and seniors, and WHEREAS, because of his leadership in parks and recreation pro- grams in the City and his contribution to parks and recreation pro- grams throughout the State, the Minnesota Recreation and Parks Asso- ciation (MRPA) will, on November 21, 1985, honor Mr. Branden with the Distinguished Service Award, an honor given one person in the parks and recreation field each year, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, to recognize Edward C. Brandeen for his con- tribution to the betterment of this community and the State through recreation and to congratulate Mr. Brandeen for the honor bestowed upon him by the Minnesota Recreation and Parks Association. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, risolution de-lared adopted. Mayor ATTE ST : City Clerk The Council considered the limit on the amount of money spent by Councilmembers during the year for conferences and trips. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to raise the limit of the amount of money which: may be e�_,�,en('_ed by Coun- cilmembers for con'Lerences and trips to $1,900 per year. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a copy 6 NOVEMBER 1985 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. k Mayor ATTEST: 1 City Clerk 173 174 19 NOVEMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on November 19, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Smothers, Herbes, Langsdorf, Aaker, Moravec, Rygg; the following were absent: Schaaf. Also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Mana- ger; William Sherburne, Citv 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. The minutes of the regular Council meeting of November 6, 1985, were approved. 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, December 3, 1985, 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 Feyer- eisen for a variance to expand a non -conforming use (non -con- formity being building does not have required rear yard set- back) and a variance for an addition to the house and a deck which will encroach 40' into the rear yard setback at 3404 Zane Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. The fourth graders from Sonnesyn Elementary School apreared before the City Council regarding American Education Week. t\fter their pre- sentation, Mayor Aaker proclaimed the week of November 17-23, 1985, American Education Week in the City of Crystal. State Senator Ember Reichgott appeared before the City Council to update them on matters affecting the City and to get their opinions on future legislative concerns. Attorneys Paul Rosenthal and Frank Rondoni appeared before the Council to present their annual prosecution report. The City Council considered a request from Chalet Liquors, Inc. for an off -sale liquor license at 5301 - 36th Ave. N. Mr. Barbush, one of the applicants, was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the application of Chalet Liquors, Inc. dba Chalet Liquors, for an off -sale liquor license at 5301 - 36th Ave. N.; and simultane- ously cancelling the same license of Crystal Chalet Operations, Inc. dba Chalet Liquor U.S.A., effective 12:01 A.M. , November 25, 19 85 . Motion Carried. 175 19 NOVEMBER 1985 The City Council considered the application of Gerald Shoultz for mem- bership on the Environmental Commission for an unexpired term ending December 31, 1986. Moved by Councilmember Herbes and seconded by Councilmember Moravec to appoint Gerald Shoultz to the Environmental Commission for an un- expired term ending December 31, 1986. Motion Carried. The City Council considered a request for a building permit to reroof and put up new walls at 5170 West Broadway (Duke's Body Shop). Bill Donicht was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Moravec to approve the authorization to issue building permit #7147 to reroof and put up new walls at 5170 West Broadway, subject to standard pro- cedure, as recommended by the Planning Commission. By roll call and voting aye: Smothers, Langsdorf, Rygg, Moravec, Aaker; voting no: Herbes; absent, not voting: Schaaf. Motion Carried. The City Council considered a request from Steve Wilson of Brutger Companies to be excused from the provision of a signed agreement to dispose of all surface water into the storm sewer system. Steve Wil- son was present and heard. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to deny the request of Brutger Companies to be excused from the pro- vision of a signed agreement to dispose of all surface water into the storm sewer system. Motion Carried. The City Council considered a request for a rate increase from Town Taxi. Sid Strong was present and heard. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve the request of Town Taxi Company, for a rate change on their meters from $1.00 per mile to $1.10 per mile, leaving the flag throw for the first 1/11 mile at 95 cents, and the waiting time tc, remain at $12.00 per hour. Motion Carried. The Mayor called a recess at 8:45 P.M. and reconvened the meeting at 9 P.M. The City Council considered a proposal for an increase in the pension by the Crystal Fire Relief Association. Don Toays and Art Quady, Fire Chief/Marshal, were present and heard. Moved by Councilmember Smothers and seconded by Councilmember Rygg to increase the firefighter's pension amounts as follows: Effective January 1, 1986, and pursuant to the laws of the State of Minnesota: 176 19 NOVEMBER 1985 Each member of the Crystal Fire Department who has been a member of the Crystal Fire Department at least 20 years and no more than 30 years, and has reached the age of 50, and has been a member of the Crystal Firefighters Relief Association, shall be granted a service pension of: In 1986 and 1987 - $13.00 per month per year of service or a lump sum of $1300.00 per year of service. In 1988 and 1989 - $15.00 per mohth per year of service or a lump sum of $1500.00 per year of service. At 20 years of service, this would provide a monthly pension of $260.00 in 1986-7 and $300.00 in 1985-9, or lump sums of $26,000.00 in 1986-7 and $30,000.00 in 1988-9. Motion Carried. The City Council considered updating the bylaws of the Fire Relief Association. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve updating the Crystal Firefighter's Relief_ Association By - Laws, as submitted by the Association in a booklet revision dated February 10, 1985, a copy of which is on file in the City Clerk's Office. Motion Carried. The City Council considered awarding a bid for a snowblower. 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. 85-94 RESOLUTION AWARDING A CONTRACT WHEREAS, the City of Crystal did advertise for bids for a snow- blower, and WHEREAS, such bids were received and publicly opened on November 13, 1985, and tabulated as follows: Crysteel Truck Equipment $28,000 MacQueen Equipment, Inc. 530,670 Ruffridge-Johnson Equipment Co., Inc. $32,890 Borchert -Ingersoll, Inc. $37,621 (These prices include the trade-in of a 1967 snowblower) AND WHEREAS, Crysteel Truck Equipment Company is the apparent low bidder, 177 19 NOVEMBER 1985 NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for a snowblower_ to Crysteel Truck Equipment Company, in the amount of $28,000.00, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion ca ed, resolution declared adopted. / Mayor ATTEST: City Clerk The City Council considered a 1986-87 agreement between the City of Crystal and Hennepin County for financial support of environmental health services provided the City of Crystal. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLTTTION NO. 85-95 A RESOLUTION APPROVING AN AGREEMENT FOR ENVIRONMENTAL HEALTH SERVICES WITH HENNEPIN COUNTY 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 Hennepin County for financial support of environmental health services provided the City, AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk The City Council considered authorization for procurement of right- of-way at the Highway #169 and County Road 410 intersection. 178 19 NOVEMBER 19 85 Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to proceed with appraisals in preparation for the purchase of property for right-of-way at Highway #169 and County Road #10 intersection. Motion Carried. By common consent, the City Council directed staff to set up a meeting with affected property owners at the intersection of Highway #169 and County Road 410 early in Januarv, 1986, possibly the second Tuesday. The City Council considered the First Reading of an ordinance revising the flood plain boundaries. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85 - AN ORDINANCE AMENDING CRYSTAL CITY CODE SECTION 515.47, SUBDIVISION 5 and further, that the second and final reading be held on December 3, 1985. Motion Carried. The City Council considered final approval of proposed plat Castonia Buss Addition located at 5419 Lakeland Ave. N. 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. 85-96 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a municipal corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe develop- ment of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Castonia Buss Addition, as submitted by Castonia- Buss Properties, NOW, THEP.EPOP,E , BE IT PESOLVED that the City Council of the City of Crystal hereby approves the plat entitled CASTONIA BUSS ADDITION, City of Crystal, Hennepin County, Minnesota. 179 19 NOVEMBER 1985 By roll call and voting aye: Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf. t2otion carried;;—resolution declared adopted. ATTEST: City Clerk The City Council considered final approval of Palace Inn Addition. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-97 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a municipal corporation, organized and existing under the laws of the State of Minnesota, and By roll call and voting aye: Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution declared adopted. / ( ;May r ATTEST: City Clerk The City Council considered a proposal for a joint powers agreement to form a coalition of metropolitan communities. Moved by Councilmember Smothers and seconded by Councilmember Pygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 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 Palace Inn Addition, as submitted by Stanley J. Wodziak and Enga L. Wodziak and Gerald F. Batkiewicz and Beverly B. Batkiewicz, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled PALACE INN ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf. Motion carried, resolution declared adopted. / ( ;May r ATTEST: City Clerk The City Council considered a proposal for a joint powers agreement to form a coalition of metropolitan communities. Moved by Councilmember Smothers and seconded by Councilmember Pygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 180 19 NOVEMBER 1985 RESOLUTION NO. 85-98 RESOLUTION APPROVING A JOINT POWERS AGREEMENT TO FORM 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 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, a form of which is on file in the office of the City Clerk. By roll call and voting aye: Smothers, He Langsdorf, Moravec, Rygg, Aaker; absent, not voting: Schaaf./ motion c -ied, resolution declared adopted. i~ Mayor ATTEST: 6' �J City Clerk The City Council discussed the Nafstad proposal. 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 Storie 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. Moved by Councilmember Moravec and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. Mayor ATTEST: — City Clerk 181 3 DECEMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on December 3, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg; the following were absent: Aaker. Also present were the following staff members: John T. Irving, City Manager; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Duil,'ing Inspector; 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 November 19, 1985, were approved. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Pro Tem Rygg declared this was the time and date for the public hearing at which time the City Council would sit down as a Board of Adjustments and Appeals to consider a request from Mark Feyereisen to expand a non -conforming use (existing building encroaches in the re- quired rear yard setback) and also to consider a variance to encroach 18.2' in the required rear yard setback to build an addition to the kitchen and a deck at 3404 Zane Ave. N. The Mayor Pro Tem asked those . present to voice their opinions or ask questions concerning the vari- ances. No one was heard. David Kennedy, the City Attorney, arrived at 7:03 P.M. Moved by Councilmember Schaaf 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 515.05, Subd. 2, to allow the expansion of a non -conforming building to permit a kitchen addition and deck to be constructed at 3404 Zane Ave. N., as requested in Application 485-44T of Mark Feyereisen, and as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes that pursuant to Section 515.55 of the Crystal City Code, as recommen- ded by and based on the findings of fact of the Planning Commission, to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 18.2' in the required 40' rear yard setback for a kitchen addition and deck to the existing house, 3404 Zane Ave. N., as requested in Application 485-45T of Mark Feyereisen. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could he heard, Mayor Pro Tem Rygg declared this was the time and date as advertised for the public hearing at which time the City Council would consider special assessments to be levied against abutting properties or those properties benefiting from the Sidewalk repair Improvement #6587 (65-E). The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the special assessments. No one appeared. 182 3 DECEMBER 1985 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. 85-99 RESOLUTION CONFIRMING ASSESSMENTS FOR SIDEWALK REPAIR IMPROVEMENT NO. 6587 ( 65-E) 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 for Sidewalk Repair Improvement No. 6587 (65-E) more fully des- cribed in notice as published in Notice of Assessment Hearinq in the North Hennepin Post on November 21, 1985, and said assessment roll having been heretofore ordered filed with the City Clerk, open to pub- lic inspection, together with tabulated. statement in duplicate showing the proper description of each lot and every parcel, piece or tract of land to be specially assessed and the amount calculated 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, in the aroou.a.: 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, piece 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 constitute the assessment roll for the improvements as set forth in Item No. 1 of this resolution. 4. The entire amount assessed against any parcel of land for Sidewalk Repair Improvement No. 6587 (65-E) 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 Sep-cem- ber 12, 1986. 183 3 DECEMBER 1985 5. Notice of Assessment Hearing published November 21, 1985 in the North Hennepin Post is incorporated into and made a part of this Reso- lution as though set forth in full herein. Such assessment shall be payable with interest at the rate of seven and one --half (7-1/2) per cent per annum on the entire assessment from the date of this Resolution levying said assessment to December 31, 1987. At such meeting all per- sons interested in such assessment appeared before the Council. 6. 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 ob- jection to the presiding officer at the Hearing. 7. 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: Schaaf, Smothers, Herbes, Lanqsdorf, Moravec, Rygg; absent, not voting: Aaker. Motion carried, resolution declared adopted. i -�- '8-y o T e m ATTEST: City Clerk The City Council considered the recommendation to Northwest Suburbs Cable Communications Commission for the appointment of William Garber to the Community Television Corporation (CTC). Moved by Councilmember Herbes and seconded by Councilmember Smothers to recommend to the Northwest Suburbs Communications Commission the appointment of William Garber to the Community Television Corporation. Motion Carried. The City Council considered the Second Reading of an ordinance chang- ing the name of the Environmental Commission to the Environmental Quality Commission. Moved by Councilmember Moravec and seconded by Councilmember Langsdorf to adopt the following ordinance: �I 184 3 DECEMBER 1985 ORDINANCE NO. 85-17 AN ORDINANCE RELATING TO CITY ADMINISTRATION: CHANGING THE NAME OF AN ADVISORY COMMISSION; AMENDING CRYSTAL CITY CODE, SUBSECTION 305.45, SUBDIVISION 2 CLAUSE b) AND 305.61, SUBDIVISION 2 and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance regard- ing flood plain boundaries. Moved by Councilmember Smothers and seconded by Councilmember Langs- dorf to adopt the following ordinance: ORDINANCE NO. 85-18 AN ORDINANCE RELATING TO ZONING: AMENDING CRYSTAL CITY CODE, APPENDIX I (ZONING) , SUBSECTION 515.47, SUBDIVISION 5 and further, that this be the second and final reading. Motion Carried. The City Council considered the Second Reading of an ordinance rela- ting to the City legislative procedures. Moved by Councilmember Herbes and seconded by Councilmember Smothers to adopt the following ordinance: ORDINANCE NO. 85-19 AN ORDINANCE RELATING TO CITY LEGISLATIVE PROCEDURE : AMENDING CRYSTAL CITY CODE SUBSECTION 100.07 AND 110.03 and further, that this be the second and final rea0ing_ . Motion Carried. The City Council considered an agreement with Rosenthal, Rondoni and MacMillan, Ltd. for legal services (prosecution). 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. 85-100 A RESOLUTION RELATING TO AN AGREEMENT FOR PROSECUTION LEGAL SERVICES 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 to renew and extend from January 1, 1986 until December 31, 1986, the Legal Services Agreement dated April 19, 1984 between Rosenthal, Rondoni & MacMillan, Ltd. and the City for criminal prosecution work, 185 3 DECEMBER 1985 AND FURTHER, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg; absent, not voting: Aaker. Motion carried, resolution declared adopted. 411 i f , Mayot Pro Tem' _ ATTEST: City Clerk The City Council considered a resolution approving plans and specifi- cations for the State Project No. 2735 -141 --the storm sewer by the Nicklow Shopping Center. Moved by Councilmember Schaaf and seconded by Councilmember M..oravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. P5-101 RESOLUTI� d lPPP.O';INC STATE PP.OJF. 'T No. 2 735-141 ( 1QQ=130) WHEREAS, the Commissioner of Transportation for the State of Min- nesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 130, renumbered as Trunk Highway No. 100, within the corporate limits of the City of Crystal, from 35th Avenue North to 36th Avenue North, and seeks the approval thereof, NOW, THEREFORE, BE IT RESOLVED that said plans and special pro- visions for the improvement of said Trunk Highway within said corpor- ate limits of the City, be and hereby are approved including the ele- vations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to he parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Rygg, Moravec; absent, not voting: Aaker. Motion carrie�,y resol tion declared adopted. -' /Mayors` ATTE ST : �-- City Clerk 3 DECEMBER 1985 The City Council considered a voluntary assessment to help preserve tax increment financing. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-101A RESOLUTION DISBURSING FUNDS FROM THE PERMANENT IMPROVEMENT REVOLVING FUND WHEREAS, the City of Crystal Council has determined that it is in the best interests of the City to voluntarily contribute finan- cially to the lobbying efforts of the League of Minnesota Cities and the National Association of Housing and Redevelopment Officials to support tax increment financing, and WHEREAS, the cost of such efforts is estimated to be $547.35, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $547.36 for the lobbying efforts as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf,, Smothers, Herbes, Langsdorf, Moravec, Rygg; absent, not voting: Aaker. Motion carried, resolution declared adopted. M a y o em ATTEST: City Clerk The City Council considered a resolution requesting the Suburban Rate Authority to act on behalf of the City in electric utility rate regula- tion matters. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-102 A RESOLUTION REQUESTING THE SUBURBAN RATE AUTHORITY TO ACT ON BEHALF OF THE CITY OF CRYSTAL IN ELECTRIC UTILITY RATE REGULATION PLATTERS 2 4D AUTHORIZING THE PAYMENT OF SERVICE CHARGES THEREFORE 1 WHEREAS, the City of Crystal has determined that it is in the public interest to cooperate with other municipalities in a joint ef- fort to insure that municipal interests and the interests of consumers of electricity be adequately and effectively represented in the present NSP rate case which is before the Minnesota Public Utilities Commission, and 187 3 DECEMBER 1985 WHEREAS, there now exists an organization of municipalities in the Twin Cities Metropolitan Area, known as the Suburban Rate Authority, which has had considerable experience in utility rate regulation, and WHEREAS, the Suburban Rate Authority is authorized under its joint powers contract to conduct rate investigation and participation in rate regulation matters on behalf of non-member municipalities at their request and upon such reasonable conditions, including payment of cost of service, as may be imposed by its governing body, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City Council of the City of Crystal, Minnesota, hereby requests the Suburban Rate Authority to participate in electric rate regulation proceedings before the Public Utilities Commission relating to the public rate filing. 2. If such request is approved by the Suburban Rate Authority, the City of Crystal- agrees to contribute reasonable costs for such service to the Authority in an amount of not less than $100 nor more than $10,000 based upon a com- putation of $.05 per capita, said payment to be made no later than 60 days after approval of this request by the Authority. 3. The City Clerk is authorized and directed to transmit a certified copy of -this resolution to the Chairperson of the Suburban Rate Authority. AND FURTHER BE IT RESOLVED that the City Council of the City of Crystal authorizes the above-mentioned funds to be disbursed from the Permanent Improvement Account of the Permanent Improvement Revolving Fund. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg; absent, not voting: Aaker. Motion carried, resolution declared adopted.1,1�f ay or T - ATTEST: City Clerk The City Council considered a request from Councilmember Smothers to have the City finance the Crystal Frolics parade and fireworks. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to approve the expenditure of up to $10,000 in City funds for the Crystal Frolics parade and fireworks. 3 DECEMBER 1985 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to amend the motion to add the words, "plus insurance and further, that this matter be reviewed on an annual basis." Amendment Carried. The Mayor Pro Tem then called for a vote on the original motion, as amended. Motion Carried. Donald Toays of the Crystal Frolics Committee appeared to request con- sideration of a location for a carnival for the 1986 Frolics. Much discussion followed. By common consent the City Council directed staff to meet with the Crystal Frolics Committee as soon as possible to find a suitable lo- cation for a carnival for the 1986 Frolics. The City Council considered the resignation of Michael Schoff from the Environmental Commission. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve the resignation of Michael Schoff from the Environmental Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council considered contracting with George M. Hansen Company for the audit for 1985. Moved by Councilmember Schaaf and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-103 RESOLUTION RELATING TO A CONTRACT FOR THE 1985 CITY AUDIT. BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into a contract with George M. Hansen Company for the 1985 City Audit, AND FURTHER, that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg; absent, not voting: Aaker-.; Motion carrj,ed, resolution declared adopted. a; r�rTem ATTEST: City Clerk The City Council considered a resolution approving transfer of Year X Community Development Block Grant funds from one project to another. 3 DECEMBER 1985 Moved by Councilmember He.rbes and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-104 .RESOLUTION APPROVING TRANSFER OF YEAR X COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM ONE PROJECT TO ANOTHER WHEREAS, the City of Crystal had allocated $3,000 from Year X Community Development Block Grant funds for special assessment grants, and WHEREAS, the City of Crystal has not utilized this money as yet, and WHEREAS, all Year X Community Development Block Grant activi- ties must be completed and billed by January 1, 1986 or reallocated to a different Year X project and spent by January 1, 1986, and WHEREAS, the City of Crystal can use this $3,000 to supplement the $69,759 already allocated to the Acquisition Project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that the $3,000 be reallocated to the Acquisition Project No. 001, and be utilized by January 1, 1986 to be reimbursed for the acquisition of a property in the Bass Lake Road project area. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg; absent, not voting: Aaker. Motion carried, resolution declared adopted. , of ATTEST: City Clerk 189 By common consent staff was directed to prepare a report on the City's emergency preparedness plan for disasters, and further, to make the citizens of Crystal aware of the various locations of disaster shelters through the Newsletter, etc. Moved by Councilmember Moravec and seconded by Councilmember Smothers to approve the list of license applications as submitted by the City Clerk to the City Council in the preliminary agenda, a copy of which 190 3 DE CE MB E R 1985 is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. motion Carried., Moved by Councilmember Herbes and seconded by Councilmember Langsdorf to adjourn the meeting. Motion Carried. ZMay-P—r6---Tei-6 ATTEST City Clerk 1 191 17 DECEMBER 1985 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on December 17, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Langsdorf, Aaker, Moravec, Rygg. Also present were the fol- lowing staff members: 7oLn T. Irving, City Manager; David Kennedy, City Attorney; John Olson, hssis+:ant City Manager; [William Sherburne, City Engineer; Don Peterson, BuilCin- Inspector; 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 December 3, 1985, were approved. The City Council considered the Consent Agenda item which is as follows: To set 7:00 P.M., or as soon thereafter as the matter may be heard, January 7, 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 con- sider a request from Dallas Development Company for a variance of 12 parking spaces of the required 71 spaces at 2960 Winnetka Avenue North. Moved by Councilmember Herbes and seconded by Councilmember Moravec to approve the Consent Agenda. Motion Carried. Clifton French, representing the Minnesota Recreation and Park Associa- tion, appeared before the City Council to present a Distinguished Ser- vice Award to Ed Brandeen, Park and Recreation Director for the City of Crystal. Mayor Aaker then presented to Mr. Brandeen a plaque con- taining the resolution formerly adopted by the Council honoring him. Marty Jessen, representing the Suburban Hennepin Regional Park District, appeared before the City Council to present a report regardincr the park system in Hennepin County. The City Council considered an ordinance amending provisions of the Zoning Code relative to establishing amusement centers as a conditional use in the I-2 (heavy industrial) District. Mike Fisher, proponent, was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to direct staff to study the matter further relating to taxing possi- bilities on various uses of the piece of property; whether it complies with the Comprehensive Plan of the City; anO further, to request the Environmental Quality Commission to study acceptable noise level stan- dards; and further, to request that the Planning Commission study con- ditions which could be placed on a conditional use permit, such as, parking, lighting, sign restrictions, hours of operation, liability insurance, noise levels, bonding requirements, handling of food and beverages, what property is used for in the off season, maintenance 192 17 DECEMBER 1985 standards, and residential proximity; and to report back to the City Council by the second meeting in January, 1986. Motion Carried. The City Council considered a request from Taco Bell for a conditional use permit to allow construction of a convenience food establishment in a B-3 District, property located at 6800 - 56th Ave. N. Doug Sin- clair and John Gappa, representing Taco Bell, appeared and were heard. Moved by Councilmember Herbes and seconded by Councilmember Smothers to approve Application #85-43 for a conditional use permit to allow construction of a convenience food establishment in a B-3 District at 6800 - 56th Ave. N. Motion Carried. The City Council considered setting surety in the amount of $20,000 as a guaranty of faithful performance of certain work requirements as a condition of building permit approval for Taco Bell, 6800 - 56th Ave. N. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to set surety in the amount of $20,000 as a guaranty of faithful perfor- mance of certain work requirements as a condition of issuance of a building permit for Taco Bell at 6800 - 56th Ave. N., as recommended by the City Engineer. Motion Carried. The City Council considered final approval of proposed plat Conserva- tion Systems 2nd Addition, located at 5241 West Broadway. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-105 A 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 sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has subdivision plat for Conservation by Northside Property Managements, considered the application for a Systems 2nd Addition, as submitted NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled CONSERVATION SYSTEMS 2ND ADDITION, City of Crystal, Hennepin County,, Minnesota. LJ 19 17 DECEMBER 1985 By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resolutio eclared adopted. i Mayor ATTEST: City Clerk The City Council considered final approval of proposed plat Roberta Addition located at the northwest corner of 56th Ave. N. and Vera Cruz. Moved by Councilmember Smothers and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-106 A 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 sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Roberta Addition, as submitted by Donald E. and Roberta A. Swenson, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled ROBE RTA ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resolution died adopted. -4Y =- i, Mayor ATTEST: City Clerk The City Council considered a request from Nordquist Sign Company for a variance to Section 406.17, Subd. 2 d) to allow a sign which does not have the 10' clearance at 5701 Kentucky Ave. N. By roll call and voting aye: Schaaf, Smothers, Langsdorf, Moravec, Aaker; voting no: Herbes, Rygg. r^otion Carried. Moved by Councilmember Herbes and seconded by Councilmember Smothers to direct staff to review the sign ordinance relating to the above section for possible changes. Motion Carried. 194 17 DECEMBER 1985 The City Council considered a request from Nordquist Sign Company for a variance to Section 406.17, Subd. 2 d) for a monument sign which does not have a 10' clearance underneath at 7000 - 57th Ave. N. Moved by Councilmember Langsdorf and seconded by Councilmember Moravec to approve a request from Nordquist Sign Company for a variance to Section 406.17, Subd. 2 d) for a monument sign which does not have 10' clearance underneath at 7000 - 57th Ave. N. Motion Carried. The City Council considered a contract with Cromer Management for the Employee Assistance Program. Moved by Councilmember Moravec and seconded by Councilmember Smothers to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-107 RESOLUTION RELATING TO A CONTRACT BE IT HEREBY RESOLVED by the City Council of the City of Crystal that the Mayor and City Manager be authorized to enter into a contract with Metropolitan Clinic of Counseling, Inc. (Cromer Management) for the Employee Assistance Program, AND FURTHER, that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resQlutiond red adopted. Mayor ATTEST: City Clerk The City Council considered the developer's agreement with Becker Park Housing, Ltd., for the senior housing project. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-108 RESOLUTION RELATING TO A CONTRACT BE IT HEREBY RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The City Council has received a form of development contract for the Becker Park elderly housing project from the Housing and Re- development Authority of the City of Crystal. 195 17 DECEMBER 1985 2. The City Council hereby approves of the form of the con- tract, and 3. The Mayor and City Manager are authorized to execute and deliver the contract on behalf of the City. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Rygg, Aaker. Motion carried, resolution d Glared adopted. Mayor ATTEST: City Clerk The City Council considered transfers within the 1985 City of Crystal budget. 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. 85-109 A RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM TO 2-\2 [OUNT Impr. #65D Sealcoat General $17,979.69 Impr. #65D Sealcoat General 29,476.37 Impr. #65D Sealcoat Equipment Reserve 28,247.00 Impr. #64A Blacktop Alley General 829.16 Impr. #64A Blktp. Alley SS General 632.26 Impr. #65B General 13,368.60 Impr. #65A Florida General 11,699.29 W & S Operating General 27,500.00 W & S Operating General 27,500.00 Street Lightinq General 5,500.00 Street Repair C & G & Sidewalk Repairs 2,522.86 Street Dept.-Blktp. Repair Impr. 465D Sealcoat 2,265.00 Park Dept.-Blktp. Repair Impr. #65D Sealcoat 6,592.34 Emergency Allowance Legal Fees 6,200.00 Work House Costs Legal Fees 7,500.00 By roll call and voting aye: Schaaf, Smothers, Herbes, Lanqsdorf, Moravec, Rygg, Aaker. Motion carried,-resolutio declared adopted. ATTEST: City Clerk 196 17 DECEMBER 1985 The City Council considered a resolution cancelling certain checks. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION N.O. 85-110 A RESOLUTION CANCELLING CERTAIN CHECKS NOW, THEREFORE, BE IT RESOLVED that the following checks be can- celled by the City of Crystal: Check No. Date Payee Amount 62109 2/22/82 Golden Gloves $ 25.00 32391 4/23/82 Jeanne Jackson 18.00 66315 3/04/83 Law Enforcement Res. Ctr. 53.00 66776 8/04/83 Mike Richards 75.00 68236 12/07/83 Pat Aeyer Ceramic 620.00 70274 3/22/84 Henry Morton 77.00 71461 7/20/84 Universal Title 18.19 71865 8/15/84 Grandma B's 50.00 73129 11/28/84 Jean Stinn 24.50 73653 12/31/84 Don Busch 15.00 73735 1/25/85 City of New Hope 8.10 45680 3/06/85 Ron Halpaus 20.00 74182 3/08/85 U of M Seminar 40.00 $1,043.79 By roll call and voting aye: Schaaf, Smothers, Herbes Langsdorf, Moravec, Rygg, Aaker. Motion carried, respjl�Ition d red adopted. Mayor ATTEST: City Clerk The City Council considered the resignation of Steven Leppa from the Plannina Commission and from the Long -Range Planning Commission. Moved by Councilmember Schaaf and seconded by Councilmember Verres to accept the resignation of Steven Leppa from the Planning Commission and the Long -Range Planning Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Council considered entering into Agreement #63114 with the State of Minnesota for the storm sewer system near the Nicklow Shop- ping Center. 197 17 DE CE MB E R 1985 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. 85-111 RESOLUTION RELATING TO AN AGREEMENT BE IT RESOLVED by the City Council of the City of Crystal to enter into Agreement No. 63114 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To provide for payment by the City to the State of the City's share of the costs of the storm sewer facilities construction and other associated construc- tion work to be performed along and adjacent to the east side of Trunk Highway No. 100 (Lilac Drive) from Engineer Station 4+94 (35th Avenue North) to Engineer Station 13+90 (36th Avenue North) within the cor- porate City limits under State Project No. 2735-141 (T.H. 100=130), AND WHEREAS, the cost of such improvements is estimated to be $118,569.88, of which $10,000 will be received from the City of Rob- binsdale, as their share, and $37,000 to be assessed to adjacent pro- perty, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal authorizes the disbursement of $71,600.00 for improvements as noted above from the Permanent Improvement Account of the Permanent Improvement Revolving Fund, AND FURTHER, to authorize the Mayor and City Manager to sign such Agreement. By roll call and voting aye: Schaaf, Smothers, Her Langsdorf, Moravec, Rygg, Aaker. Motion carried, �splution Glared adopted. Mayor ATTEST: •� �-� ,_ - i % r��-,tea �-- City Clerk The Mayor called a recess at 9:05 P.M. and reconvened the meeting at 9:15 P.M. The City Council considered the 1986 salaries and coi!ditions of em- ployment for non-union employees. Moved by Councilmember Schaaf and seconded by Councilmember Moravec to set the City Manager's salary at $64,500 for the year 1986, and further, to accept the City Manager's recommendations for the 1986 salaries for non-union employees and to set them as follows: 198 17 DECEMBER 1985 Pn-_iti nn City Manager Police Chief City Engineer Finance Director Director, Parks & Recreation Assistant City Manager Fire Chief Assessor Building Inspector Assistant City Engineer Juvenile Specialist Sanitarian III Administrative Assistant Sewer & [eater Superintendent Assistant Director, Park & Rec. Street Superintendent City Clerk V Park Foreman Recreation Supervisor Sanitarian II Sanitarian II Assistant Building Inspector Appraiser Engineering Aide IV Clerk IV (Police) Clerk IV (Police) -Time Share Accountinq Clerk III Janitor Janitor Clerk IV (Steno -Sec.) Clerk IV (Spec. Assessments) Engineering Aide II Utility Clerk IV Clerk III (Public Works) Clerk II (Parks) Inspection Clerk IV Clerk II (Health) Accounting Clerk II Clerk I (Switchboard) Assessor Clerk I 1986 Salary Adjustments January 1, 1986 $64,500 51, 000 51,000 45, 185 42,629 40,700 36,600 36,000* 4/1/86 33,680 32,585 31,000 32,259 31, 000 34,015 31,000 34,235 27, 300 29,783 26,754 24,050 24,050 27,431 26,553 28,215 21,200 21,200 18,810 20,482 20,482 18,650 19,074 24,186 19,720 17,280 16,468 17,910 16,450 16,450 16,252 15,675 1986 Salary AcI j ustment s Julv 1. 19P,6 $42,735 38,247 34,051 32, 395 32, 395 32 , 395 28,529 27,958 25,132 25,132 22,260 22,154 19,489 17,190 17,190 *Adjustment effective 4/1/86 upon completion of probation. By roll call and voting aye: Schaaf, Smothers, Langsdorf, Moravec, Rygg, Aaker; voting no: Herbes. Motion Carried. 1 199 17 DECEMBER 1985 Moved by Councilmember Herbes and seconded by Councilmember Smothers that the City pay up to a maximum of $160 per month towards group health, life, dental and long-term disability insurance, and up to $10 per month of the $160 may be used for dental insurance. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Langsdorf to increase group term life insurance coverage paid by the City for each employee from $5,000 to $10,000. Motion Carried. Moved by Councilmember Smothers and seconded by Councilmember Herbes that all non-union employees who retire after January 1, 1986, under a full, unreduced retirement benefit from the Public Employees Retire- ment Association, and all present non-union retirees, who are currently members of the City of Crystal group hospitalization insurance plan, who have retired under a full, unreduced retirement benefit from the Public Employees Retirement Association, shall have the option of re- taining membership in the City of Crystal's group hospitalization in- surance plan for which the City will pay the single person premium un- til such time as the retiree is eligible for Medicare coverage, and further, if the retiree desires to continue family coverage, the ad- ditional cost for family coverage shall be paid monthly by the retiree to the City of Crystal. Motion Carried. Moved by Schaaf and seconded by Councilmember Smothers to adopt the following ordinance- ORDINANCE NO. 86 - AN ORDINANCE RELATINC TO COMPENSATION OF MFMBERS OF THE CITY COTJNCIL; AMENDING CRYSTAL CITY CODE, SECTION 210. and further, that the second and final reading be held on January 7, 1986. 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 Schaaf and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. Mayor ATTEST: City Clerk 200 30 DECEMBER 1985 Pursuant to due call and notice thereof, a Special meeting of the Crystal City Council was held on December 30, 1985, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Schaaf, Smothers, Herbes, Langsdorf, Aaker, Moravec; and the following were absent: Rygg. Also present were the following staff members: John Irving, City Manager; Dave Kennedy,, City Attorney; 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 City Council considered the sale of mortgage bonds for the senior housing project in the redevelopment area. Moved by Councilmember Smothers and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 85-112 RESOLUTION AUTHORIZING THE SALE ANP ISSUANCE OF MULTIFAMILY HOUSING DEVELOPMENT REVENUE BONDS (BECKER PARK HOUSING LIMITED PARTNERSHIP PROJECT) , OF THE CITY, FOR THE PURPOSE OF FINANCING A MULTIFAMILY RENTAL HOUSING DEVELOPMENT, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS. BE IT RESOLVED by the City Council of the City of Crystal, Min- nesota (the City), as follows: Section 1. Authorization and Recitals. 1.01. General Authority. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, issue and sell revenue bonds or obligations and to make or purchase loans to finance one or more multifamil17 housing develop- ments within its corporate limits, which revenue bonds or obligations shall be payable solely from the revenues of the development. This Council has approved a Housing Plan for the City (the "Housing Plan"), by the adoption of a resolution after a public hearing was held thereon. The Housing Plan has been reviewed and commented on by the Metropolitan Council pursuant to Minnesota Statutes, Section 4720.01 and 462C.04, Subdivision 1. This Council has approved a multifamily housing pro- gram under the Housing Plan (the "program"), by a duly adopted reso- lution. The program provides for the financing of a project under the Act consisting of the acquisition, construction and equipping by Becker Park Housing Limited Partnership, a Minnesota limited partner- ship (the "Borrower"), of an approximately 90 residential unit multi- family housing project primarily for the elderly and related facil- ities to be located in the City (the "Project") . The Program was duly submitted to the Minnesota Housing Finance Agency, as required by Minnesota Statutes, Section 4620.04, Subdivision 2, and was not rejected by such Agency within the statutory 30 days. 201 30 DECEMBER 1985 1.02. Proposed Bonds. Representatives of the Borrower have proposed that the City, acting under and pursuant to the Act, issue and sell its Multifamily Rental Housing Revenue Bonds (Becker Park Housing Limited Partnership Project) in an aggregate principal amount not exceeding $6,500,000 (the "Bonds"), for the purpose of financing the Project and paying costs incurred by the Borrower in connection with the issuance of the Bonds. Pursuant to the proposal, the proceeds of the Bonds will be loaned by the City to the Borrower, and the Bor- rower will agree to make payments sufficient to pay the principal of, premium, if any, and interest on the bonds when due. The City will grant a security interest in certain revenues and payments to be re- ceived by the City under the Loan Agreement (as hereinafter defined) to a Trustee (as hereinafter defined) . 1.03. Documentation. Forms of the following documents relating to the Project and the Bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Clerk: (a) a Loan Agreement (the "Loan Agreement"), to be dated as of December 1, 1985, proposed to be made and entered into between the City and the Borrower; (b) an Indenture of Trust (the "Indenture") , to be dated as of December. 1, 1985, proposed to be made and entered into between the City and Norwest Bank Minneapolis, as trustee (the "Trustee"); and (c) a Regulatory Agreement (the "Regulatory Agreement") , to be dated as of December 1, 1985, by and among the Borrower, the Trustee and the City. Section 2. Findings: It is hereby found, determined and declared that: (a) the financing of the Project, the authorization of the Bonds in the maximum aggregate principal amount of $6,500,000, the execution and delivery of the Loan Agreement and the Indenture and the performance of all covenants and agreements of the City contained in the Loan Agreement and the Indenture and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Loan Agreement and the In- denture and the Bonds valid and binding obligations in accordance with their terms, are authorized by the Act: (b) the Program has been submitted to the Minnesota Housing Finance Agency as provided in Minnesota Statutes, Section 462C.01 and was not rejected within 30 days after the date of submission; (c) it is desirable that a series of Multifamily Housing Develop- ment Revenue Bonds in the amount of $6,500,000 issued by the City upon the terms set forth in the Indenture, under the provisions of which the City grants to the Trustee a security interest in 202 30 DECEMBER 1985 certain revenues and payments to be received by the City under the Loan Agreement as security for the payment of the principal of, premium, if any, and interest on the Bonds; (d) the Loan repayments contained in the Loan Agreement are fixed, and are required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of and interest on all Bonds issued under the Indenture when due; and the Loan Agreement also pro- vides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the site of the project and payable dur- ing the term of the Loan Agreement; (e) the execution and delivery of the Loan Agreement and the In- denture will not conflict with, or constitute on the part of the City a breach of or a default under, any existing agreement, in- denture, mortgage, lease or other instrument to which the City is subject or is a party or by which it is bound; provided that this finding is made solely for the purpose of estopping the City from denying the validity of the Loan Agreement, the Regu- latory Agreement and the Indenture, by reason of the existence of any facts contrary to this finding; (f) no litigation is pending or, to the best knowledge of the members of the Council threatened against the City questioning the organization or boundaries of the City or the right of any officer of the City to hold his or her office, or in any manner questioning the right and power of the City to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds or the execution, delivery or validity of the Loan Agreement and the Indenture, or questioning the appropriation of revenues to pay- ment of the Bonds or the right of the City to loan the proceeds of the Bonds to the Borrower; (g) all acts and things required under the Constitution and the laws of the State of Minnesota to make the Loan Agreement, the Regulatory Agreement and the Indenture, the valid and binding obligations of the City in accordance with their terms will have been done upon adoption of this Resolution and execution of the Loan Agreement, the Regulatory Agreement and the Indenture; and (h) the City is duly organized and existing under the Constitu- tion and laws of the State of Minnesota and is authorized to issue the Bonds in accordance with the Act. Section 3. Approval of Documents. The forms of the Loan Agreement, the Regulatory Agreement and the Indenture referred to in Section 1.03 are approved subject to 203 30 DECEMBER 1985 such modifications as are deemed appropriate and approved by the City Attorney and the City Manager, which approval shall be conclusively evidenced by execution of the Loan Agreement and the Indenture and the Bon('s by the Mayor and the City Manager. The Mayor and City Man- ager are directed to execute the Loan Agreement and the Regulatory Agreement upon execution thereof by the Borrower and to execute the Indenture upon execution thereof by the Trustee. Copies of all of the documents shall be delivered, filed and recorded as provided therein. The Mayor anO the City Manager are also authorized and di- rected to execute such other instruments as may be required to give effect to the transactions herein contemplated. Section 4. The Bonds; Terms, Sale and Execution. 4.01. Authorization. The City hereby authorizes the issuance of the Bonds in the aggregate principal amount of $6,500,000, in the form and upon the terms set forth in the Indenture and this resolution. The Bonds are hereby sold to the purchaser at par. 4.02. Execution. The Mayor and the City Manager are hereby authorized and directed to execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee, together with a certi- fied copy of this resolution, the other documents required in the Indenture, and such other certificates, documents and instruments as may be appropriate to effect the transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. 4.03. Modifications, Absence of Officers. The approval hereby given to the various documents referred to above inc7_lides an approval of such modifications thereto, deletions therefrom and additons thereto as may be necessary and appropriate and approved by the City Attorney and the City Manager prior to the execution of the documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the ap- proval of such documents in accordance with the terms hereof. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed may be executed by the acting Mayor, and in the absence or disability of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute such documents. Section 5. Authentication of Proceedings. The Mayor, City Manager and City Clerk and other officers of the City are authorized and directed to furnish to the Purchaser and bond coun- sel certified copies of all proceedings and records of the City rela- ting to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and market- ability of the Bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. M 30 DECEMBER 1985 Section 6. Limitations of the City's Obligations. Notwithstanding anything contained in the Bonds, the Loan Agreement, the Indenture or any other documents referred to in Section 1.03, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, and no Holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to enforce payment thereof against any property of the City other than these rights and interests of the City under the Loan Agreement which have been pledged to the payment thereof, and the Bonds shall not consti- tute a charge, lien or encumbrance, legal or equitable, upon any pro- perty of the City other than those rights and interests of the City under the Loan Agreement which have been pledged to the payment thereof. The agreement of the City to perform the covenants and other provisions contained in this resolution or the Bonds, the Loan Agreement or the Indenture, and the other documents listed in Section 1.03 shall be subject at all times to the availability of the revenues furnished by the Borrower sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not he subject to any personal or pecuniary liability thereon other than as stated above. By roll call and voting aye: Schaaf, Smothers, Herbes, Langsdorf, Moravec, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. f Mayor ATTEST: City Clerk Moved by Councilmember Herbes and seconded by Councilmember Smothers to adjourn the meeting. Motion Carried. zl� �i% � �I i Mayor ATTEST: City Clerk