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1983 City Council Minutes69 4 JANUARY 1983 Pursuant to due call and notice thereof, the recxular *neetina of the Crystal City Council was held on January 4, 1983, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. An announcement was made that Mrs. Delores Ahmann, the City Clerk, had previously administered the Oath of Office and presented a Certif- icate of Election to John Schaaf, Councilmember, Ward 3, on January 3, 1983. Mrs. Ahmann then administered the Oath of Office and presented Certifi- cates of Election to Peter E. Pleintsma, Mayor; Thomas Aaker, Council - member, Section I; and Betty Herbes, Councilmember Ward 4. The Secretary of the Council called the roll and the following were present: Herbes, Aaker, Bird, Meintsma, Lundgren, Rygg; the follow- ing were absent: Schaaf. Also present were the following staff mem- bers: John Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Charles Wilson, 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 December 21, 1982, were approved. The City Council considered the selection of a Mayor Pro Tem for 1983. Moved by Councilmember Aaker and seconded by Councilmember Bird to select Councilmember Rygg as Mayor Pro Tem for 1983. motion Carried. The City Council considered the Consent Agenda which was as follows: '& 1. To reappoint William Garber and Paul Schulte to the Environmental Commission for terms expiring December 31, 1985. 2. To reappoint Linda Wold and Ulric Gwynn to the Human Relations Commission for terms expiring December 31, 1985. to 3. To reappoint Suzanne Smith, Stuart Stockhaus and Mark Hoffman to the Park & Recreation Advisory Commission for terms expiring De- cember 31, 1985. 4. To reappoint Joe Thorne, Paulette Magnuson and Julian Melich to �uJ the Planning Commission for terms expiring December 31, 1985. t 5. To reappoint Diane Flom for a two-year term on the Northwest Hen- nepin Human Services Council, with term expiring December 31, 1984. Moved by Councilmember Aaker and seconded by Councilmember Rygg to approve the Consent Agenda. Motion Carried. 4 JANUARY 1983 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider a request from Village Builders, Inc., to vacate a portion of Valley Place as dedicated in Morningside Es- tates 6th Addition and all drainage and utility easements therein. The Mayor asked those present to voice their opinions or ask questions concerning the petition. Those present and heard were: Richard Kauff- mann; Paulette Magnuson, 3159 Jersey Avenue; Ed DeJarlais, 7315 - 33rd Avenue North; and Jim Merela, engineer, Merala & Associates, Inc. Moved by Councilmember Aaker and seconded by Councilmember Bird to adopt the following ordinance: ORDINANCE NO. 83-1 AN ORDINANCE VACATING A PORTION OF A STREET RIGHT-OF-WAY WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held January 18, 1983. By roll call and voting aye: Aaker, Bird, Rygg, Meintsma; voting no: Herbes, Lundgren; absent, not voting: Schaaf. Motion Failed. After additional discussion, the following action was taken: Moved by Councilmember Herbes and seconded by Councilmember Aaker to �hJ� reconsider the First Reading of an ordinance vacating a portion of a street right-of-way within the City of Crystal. By roll call and voting aye: Herbes, Aaker, Bird, Rygg, Meintsma; voting no: Lundgren; absent, not voting: Schaaf. Motion Carried. The motion for the First Reading of an ordinance vacating a portion of a street right-of-way within the City of Crystal was then on the" floor and was discussed. The Mayor called for the question. By roll call and voting aye: Herbes, Aaker, Bird, Rygg, Meintsma; voting no: Lundgren; absent, not voting: Schaaf. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider tentative approval of the proposed plat K - Wong Addition located at 5430 Lakeland Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilmember Bird and seconded by Councilmember Rygg to grant tentative approval of the proposed plat K - Wong Addition located at 5430 Lakeland Ave. N. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance to G 4 JANUARY 1983 expand a non -conforming use (said non -conformity being the existing building encroaches 21.8' in the required 22' front yard setback) and a variance in the required number of parking stalls (57 stalls required - 17 available) to allow the installation of a satellite dish at 4900 West Broadway (Crystal Lounge). The Mayor asked those present to voice their opinions or ask questions concerning the variances. Those present and heard were: Steven Weisman; Edward Murray, 4824 Vera Cruz; Jim Kraker, 4913 Vera Cruz; Ted Phillips, 5930 West Broadway; and Louis Paulsen, 4920 West Broadway. Moved by Councilmember Rygg and seconded by Councilmember Aaker to deny, as recommended by and based on the findings of fact of the Planning Commission, the authorization to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use at 4900 West Broadway, as requested in Variance Application #82-66 by Steven Weisman. Motion Carried. '_Moved by Councilmember Aaker and seconded by Councilmember Rygg to deny, as recommended by and based on the findings of fact of the Planning Commission, the authorization to grant a variance of 40 parking stalls at 4900 West Broadway, as requested in Variance Application #82-76 by Steven Weisman. Motion Carried. The City Council considered a request from Steven Weisman for a build- ing permit to install a satellite dish at 4900 West Broadway (Crystal Lounge). Moved by Councilmember Aaker and seconded by Councilmember Herbes to deny, as recommended by the Planning Commission, the authorization to issue building permit 44642 to Summit Construction Company -For installa- tion of a satellite dish 9' in diameter at 4900 West Broadway. Motion Carried. •� It being 7:00 P.M., or as soon thereafter as the matter could be heard, ` Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Brian Hilton to allow two curb cut accesses at 4364 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. The variance application was withdrawn by the applicant. -) The City Council considered the designation of the official depository for the City of Crystal for 1983. Moved by Councilmember Ryga and seconded by Councilmember Aaker to designate the Crystal State Bank as the official depository for the City of Crystal for the year 1983. Motion Carried. �4v The City Council considered the designation of the official newspaper for the City of Crystal for 1983. 4 JANUARY 1983 Moved by Councilmember Bird and seconded by Councilmember Rygg to des- ignate the North Hennepin Post as the official newspaper for the City of Crystal for the year 1983. Motion Carried. The City Council considered the appointment of a liaison to the Park & Recreation Advisory Commission. Moved by Councilmember Aaker and seconded by Councilmember Bird to appoint Councilmember Rygg as the liaison to the Park & Recreation Ad- visory Commission for the year 1983. By roll call and voting aye: Aaker, Bird, Rygg, Lundgren, Meintsma; voting no: Herbes; absent, not voting: Schaaf. Motion Carried. The City Council considered the appointment of a liaison to the En- vironmental Commission. Moved by Councilmember Bird and seconded by Councilmember Rygg to ap- point Mayor Meintsma as the liaison to the Environmental Commission for the year 1983. Motion Carried. The City Council considered the appointment of a liaison to the Human Relations Commission. Moved by Councilmember Aaker and seconded by Councilmember Rygg to appoint Councilmember Bird as the liaison to the Human Relations Com- mission for the year 1983. Motion Carried. The City Council considered the appointment of a Representative and Alternate to the Association of Metropolitan Municipalities. Moved by Councilmember Lundgren to appoint Councilmember Herbes to the Association of Metropolitan Municipalities. Motion Failed for Lack of a Second. Moved by Councilmember Bird and seconded by Councilmember Aaker to appoint Mayor Meintsma as Representative and Councilmember Rygg as Alternate to the Association of Metropolitan Municipalities for the year 1983. Motion Carried. The City Council considered the appointment of a representative to the Joint Water Commission. Moved by Councilmember Rygg and seconded by Councilmember Bird to ap- point Councilmember Herbes as representative to the Joint Water Com- mission for the year 1983. Motion Carried. The City Council considered the appointment of a representative to the Tri -City Twin Lake Study Committee. Moved by Councilmember Herbes to appoint Councilmember Lundgren to the Tri -City Twin Lake Study Committee. Motion Failed for Lack of a Second. 4 JANUARY 1983 Moved by Councilmember Aaker and seconded by Councilmember Bird to appoint Councilmember Schaaf as the representative to the Tri -City Twin Lake Study Committee for the year 1983. By roll call and voting aye: Aaker, Bird, Rygg, Lundgren, Meintsma; voting no: Herbes; absent, not voting: Schaaf. Motion Carried. The City Council considered the appointment of representatives to the Northwest Suburbs Cable Communications Commission. Moved by Councilmember Bird and seconded by Councilmember Rygg to ap- point Councilmember Aaker and City Manager Irving as representatives to the Northwest Suburbs Cable Communications Commission for the year 1983. Motion Carried. The City Council considered the appointment of representatives to the Long -Range Planning Commission. Moved by Councilmember Aaker and seconded by Councilmember Bird to appoint Mayor Meintsma and Councilmember Rygg as representatives to the Long -Range Planning Commission for the year 1983. Motion Carried. The City Council considered the appointment of an Alternate to the Bassett Creek Flood Control Commission for an unexpired term ending January 31, 1985. Moved by Councilmember Bird and seconded by Councilmember Aaker to adopt the following resolution, the reading of which was dispensed with by unanimotis consent: RESOLUTION NO. 83-1 RESOLUTION APPOINTING AN ALTERNATE COMMISSIONER TO THE BASSETT CREEK FLOOD CONTROL COMMISSION BE IT HEREBY RESOLVED that the City Council of the City of Crystal appoints Councilmember Betty Herbes as Alternate to the Bassett Creek Flood Control Commission to fill the unexpired term of Paul W. Rosen- thal, which term ends on January 31, 1985. By roll call and voting aye: Herbes, Aaker, Bird, Rygg, Meintsma; voting no: Lundgren; absent, not voting: Schaaf. Motion carried, resolution declared adopted. or ATTEST: City Clerk The City Council discussed mileage reimbursement for City employees and the Council. 18 JANUARY 1983 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on January 18, 1983, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Aaker, Bird, Schaaf, Meintsma, Lundgren, 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; Don Peterson, Building Inspector; Charles Wilson, Administrative As- sistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The Mayor presented plaques for service to the City to Winston Nystrom and Betty Herbes. The minutes of the regular Council meeting of January 4, 1983, were approved. The City Council considered the Consent Agenda which was as follows: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, February 15, 1983, as the time and date for the City Council to consider a request from Dick Kauffmann, Village Builders, Inc., for tentative approval of proposed plat Nevada Court located at Nevada Avenue and Valley Place. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, February 15, 1983, as the time and date for the City Council to consider a request by Steven Embretson for tentative approval of the proposed plat Fairview Acres 4th Addition, located at 6728- 6730 - 44th Avenue North. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, February 1, 1983, as the time and date for the City Council to sit as a Board of Adjustments and Appeals to consider requests by Steven Weisman, of Crystal Lounge, for a variance to expand a non -conforming use (said non -conformity being the existing build- ing encroaches 21.8' in the required 22' front _yard setback) and a variance in the required number of parkina stalls (57 stalls required; 17 available) to allow the remodeling of the existing kitchen at 4900 West Broadway. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, June 7, 1983, as the time and date for the City Council to sit as a Board of Equalization. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve the Consent Agenda. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for 18 JANUARY 1983 the public hearing to consider assessments for street improvements on 62nd Avenue from Louisiana to Hampshire Avenue; Florida from 32nd to 635' north of 32nd Avenue North and blacktop alley improvement, 44th to 45th between Vera Cruz and Welcome Avenue. The Mayor asked those present to voice their opinions or ask questions concerning the assessments. No one appeared; a letter was accepted from David Felder. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-2 RESOLUTION CONFIRMING ASSESSMENTS FOR IMPROVEMENTS INCLUD- ING STREET IMPROVEMENTS ON 62ND AVENUE FROM LOUISIANA TO HAMPSHIRE AVENUE; FLORIDA FROM 32ND TO 635' NORTH OF 32ND AVENUE AND BLACKTOP ALLEY IMPROVEMENT, 44TH TO 45TH BETWEEN VERA CRUZ AND WELCOME AVENUE 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, cal- culate the proper amount to be specially assessed for construction work more fully described in notice as published in Notice of Public Hearing in the North Hennepin Post on December 30, 1982, and said assessment roll having been heretofore ordered filed with the City Clerk, open to public 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 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. included as: Blacktop #6184 . . . . . . . . . . 5 years Curb & Gutter #6184 . . . . . . . . 10 years Sidewalk #6184 . . . . . . . . . . 1 year Grade & Base and Blacktop #6284 . . 10 years Curb & Gutter #6284 . . . . . . . . 10 years Blacktop Alley #6284 . . . . . . . 5 years more fully described in notice as published in Notice of Public Hearing in the North Hennepin Post on December 30, 1982, and said assessment roll having been heretofore ordered filed with the City Clerk, open to public 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 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. 18 JANUARY 1983 The City Council considered the application of C. Thomas Keegel for an off -sale liquor license at Metro Liquors, 6514 Bass Lake Road. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve the off -sale liquor license application of C. Thomas Keegel dba Metro Liquors, 6514 Bass Lake Road, while simultaneously cancelling the license of Four Seasons Liquors, Inc. dba Metro Liquors, 6514 Bass Lake Road, to be effective at 12:01 A.M. on January 24, 1983. Motion Carried. The City Council considered a request from Bill Nicklow, Tony Nicklow and John Kosmas of KK Design for a building permit to construct a 12'x50' addition to the existing restaurant at 3516 Lilac Drive. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to grant, as recommended by the Planning Commission, the authorization to issue building permit #4665 to Jim Merrill for a 12'x50' addition to the existing restaurant, including the exit from the second floor, at 3516 Lilac Drive, subject to standard procedure. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- t�A-5 ting a portion of Valley Place and drainage and utility easements lying within Morningside Estates 6th Addition. Moved by Councilmember Aaker and seconded by Councilmember Bird to adopt the following ordinance: ORDINANCE NO. 83-1 AN ORDINANCE VACATING A PORTION OF A STREET RIGHT-OF-WAY WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to table the discussion of the Second Reading of an ordinance vacating a portion of Valley Place and drainage and utility easements lying within Morningside Estates 6th Addition. By roll call and voting aye: Herbes, Lundgren; voting no: Aaker, Bird, Schaaf, Rygg, Meintsma. Motion Failed. The Mayor then called for a vote on the original motion. By roll call and voting aye: Aaker, Bird, Schaaf, Ryug, Meintsma; voting no: Herbes, Lundgren. Motion Carried. The City Council considered bids for air conditioning at Thorson Com-+V'� muni ty Center. Moved by Councilmember Rygg and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 18 JANUARY 1983 Moved by Councilmember Schaaf and seconded by Councilmember Rygg to appoint Ken Belland from the Park and Recreation Advisory Commission; Frank Peters, Michael Mooney and Francis Feyereisen from the Planninq Commission; and Paul Schulte from the Environmental Commission to the Long -Range Planning Commission, as recommended, for the year 1983. Motion Carried. The City Council considered a resolution authorizing participation KA in the Minnesota Police Recruitment System. Moved by Councilmember Aaker and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-4 RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City of Crystal is authorized by Minnesota Statutes 471.59 to enter into joint and cooperative agreements with other govern- mental units, and WHEREAS, the City currently is a member of the Suburban Police Recruitment System (SPRS), a joint powers organization formed to re- cruit candidates for entry-level police positions in the cooperating governmental units and to assist the cooperating governmental units in evaluating candidates for these positions, and WHEREAS, it now has been proposed that the SPRS be reformed on a statewide basis, and a Joint and Cooperative Agreement accomplish- ing such a reformation has been presented to and reviewed by this Council, and WHEREAS, this Council has determined that it will be advantaaeous to the City to participate in the reformed organization, Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. Dissolution of the SPRS hereby is requested, with all assets of the SPRS to be transferred to the newly -formed Minnesota Police Recruitment System (MPRS) . 2. The Mayor and the City Manager hereby are authorized to execute, on behalf of the City, the Joint and Co- operative Agreement which establishes the MPRS and which provides for City participation therein. 3. Police Chief James Mossey and City Manager John T. Irving hereby are designated as the City's initial Director and Alternate Director, respectively, in the MPRS. 1 FEBRUARY 1983 Planning Commission, the authorization to grant a variance of 40 park- ing stalls at 4900 West Broadway, as requested in Variance Application #82-79 by Steven Weisman. Motion Carried. The City Council considered a request from Steven Weisman for a build- ing permit for remodeling for a kitchen at 4900 West Broadway (Crystal Lounge). Moved by Councilmember Lundgren and seconded by Councilmember Schaaf to deny, as recommended by the Planning Commission, the authorization to issue building permit #4664 to Summit Construction Company for re- modeling for a kitchen at 4900 West Broadway. Motion Carried. The City Council considered a resolution authorizing the participationt2k, in the Rental Rehabilitation Loan Program. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-7 RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IM- PLEMENT THE RENTAL REHABILITATION LOAN PROGRAM WITH THE CITY OF CRYSTAL WHEREAS, the Metropolitan Council has been duly organized pursu- ant to Minnesota Statutes 473.123, and has been designated a housing and redevelopment authority pursuant to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Author- ity Act, Minnesota Statutes 462.411 to 462.711, and the acts amenda- tory thereto, and WHEREAS, the City of Crystal and the Metropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Crystal, and WHEREAS, the City of Crystal has determined that a proaram to encourage the rehabilitation of rental units is consistent with the housing goals of the City and consistent with the City's public in- terest, NOW, THEREFORE, BE IT RESOLVED by the City of Crystal that the Metropolitan Council is hereby authorized to implement the Rental Re- habilitation Loan Program to encourage the rehabilitation of affordable WHEREAS, the City of Crystal desires to assist lower income fam- ilies and individuals to obtain adequate housing in the City of Crystal at an affordable price and to accomplish the purpose of undertaking a program of providing technical assistance and loans to property owners for the purpose of rehabilitating rental units for occupancy by low and moderate income families and individuals, and WHEREAS, the Metropolitan Council has been duly organized pursu- ant to Minnesota Statutes 473.123, and has been designated a housing and redevelopment authority pursuant to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Author- ity Act, Minnesota Statutes 462.411 to 462.711, and the acts amenda- tory thereto, and WHEREAS, the City of Crystal and the Metropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Crystal, and WHEREAS, the City of Crystal has determined that a proaram to encourage the rehabilitation of rental units is consistent with the housing goals of the City and consistent with the City's public in- terest, NOW, THEREFORE, BE IT RESOLVED by the City of Crystal that the Metropolitan Council is hereby authorized to implement the Rental Re- habilitation Loan Program to encourage the rehabilitation of affordable NO 1 FEBRUARY 1983 private rental units within the City of Crystal and that the Mayor and City Manager are hereby authorized to enter into an agreement with the Metropolitan Council for the operation of such program within the City. By roll call and voting aye: Herbes, Aaker, Bird, Schaaf, Lundgren, Meintsma; absent, not voting: Rygg. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Council considered a feasibility report for Improvement Pro- ject No. 63-A, 45th Place - Florida to 350' east. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to accept the feasibility report for Improvement Project No. 63-A and set a public hearing for "arch 1, 1983, at 7 P.M., or as soon there- after as the matter may be heard. Motion Carried. The City Council considered the installation of auxiliary push bumpers on police cars and setting a policy for their use. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to install push bumpers on all marked squad cars for use in elimina- ting traffic hazards when deemed necessary. Motion Carried. Y.�A The City Council considered change orders for the air conditioning_ project at Thorson Community Center. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to accept, as recommended by the consultant, the change orders, as out- lined in Change Order No. 1, dated January 25, 1983, and authorize the additional $3,165 needed for those changes. Motion Carried. 1�1 The City Council considered the Bass Lake Road/Becker Park Revitali- zation Project. Appearing on the matter were: Jim Ostenson, represen- ting Dave Anderson, 5526 Douglas Drive; Marty Campion, 6412 Bass Lake Road; and Stan Zieska, 5518 Douglas Drive. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to table until 7 P.M., February 8, 1983, or until a full Council can be in attendance the discussion of the Bass Lake Road/Becker Park Revi- talization Project. Motion Carried. Councilmember Schaaf asked if the City had investigated whether public buildings had transformers or other equipment which contained PCBs. After discussion, the City Manager indicated that City staff would survey the City buildings and ask School District 281 to check its buildings in the City. 8 FEBRUARY 1983 Pursuant to due call and notice thereof, the Special meeting of the Crystal City Council was held at 7:00 P.M., February 8, 1983, at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Herbes, Aaker, Bird, Schaaf, Meintsma, Lundgren, Rygg. Also present were the following staff mem- bers: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Ennineer; Charles Wilson, Administrative Assistant; and Delores Ahmann, ''i.c-7 (-ler_'--. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Council considered them "ass Lake P.oad/Becker Park Revitaliza- tion Project. The Mayor asked those present to voice their opinions or ask questions concerning the project. Those present and heard were: Marty Campion, 6412 Bass Lake Road; Leo Lutgen, 6519 Bass Lake Road; Stan Zieska, 5518 Douglas Drive; Jim Ostenson, representing Anderson Floral; Dave Anderson, Jr., 5526 Douglas Drive; and Mary Soukup, 4736 Xenia Ave. N. Moved by Councilmember Aaker and seconded by Councilmember Rvcxq to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-8 A RESOLUTION RELATING TO REDEVELOPMENT: INITIATING AND REFERRING A REDEVELOPMENT PLAN TO THE HOUSING AND REDE- VELOPMENT AUTHORITY OF THE CITY OF CRYSTAL BE IT RESOLVED by the City Council of the City of Crystal as fol - lows 1. This Council has for a period of several years been studying the possibilities of redevelopment of that portion of the City of Crys- tal generally known as the Bass Lake Road - Becker Park area (the "Study Area"). 2. As a result of such study, this Council retained BRIT, Inc., planners, to prepare a professional study containing recommendations for the redevelopment of the Study Area. That study, developed in conjunction with an advisory task force made up of businessmen and residents in the Study Area and members of the Council, and entitled Bass Lake Road Commercial Area - Becker Park Revitalization Study dated July 8, 1981, (the "BR[A7 Plan"), was received by this Council on September 22, 1981. 3. During the course of the development of the BRW Plan and sub- sequent review of it this Council imposed a moratorium on development in the Study Area in anticipation of the probable redevelopment of the Study Area. 4. Subsequent to the submission of the BRW Plan the Alliance of Businesses of Crystal (ABC) developed and presented to this Council an alternate redevelopment proposal (the "ABC Plan") for the Study Area. 15 FEBRUARY 1983 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on February 15, 1983, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Aaker, Bird, Schaaf, Meintsma, Lundgren, Rygg; the following were absent: Herbes. 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 February 1, 1983, and �A the Special Council meeting of February 8, 1983, were approved, with the following exception: On Page 86 of the February 1, 1983, Council minutes, in the second last paragraph, there should be a roll call vote on the motion to table the discussion of the Bass Lake Road/Becker Park Revitalization Project as follows: voting aye: Aaker, Bird, Schaaf, Meintsma; voting no: Herbes, Lundgren; absent, not voting: Rygg. Motion Carried. The Citv Council considered the following items on the Consent Agenda: 1. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 1, 1983, as the time and date for a public hearing to con- sider a request from Crystal State Bank for a variance to allow drive -up facilities to encroach in the front yard setback (Kentucky Avenue) at the mini -bank located at 7000 Bass Lake Road. 2. To set 7:00 P.M., or as soon thereafter as the matter may be heard, March 1, 1983, as the time and date for a public hearing to con- sider a request from Justin P. Anderson for a variance for a fire- place which will encroach in the required 5' side yard setback at 6920 - 46th Ave. N. Moved by Councilmember Aaker 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 Meintsma declared this was the time and date as advertised for the public hearing to consider tentative approval of the proposed plat Fairview Acres 4th Addition located at 6728-6730 - 44th Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the request. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Bird to grant tentative approval of the proposed Fairview Acres 4th Addition located at 6728-6730 - 44th Ave. N. Motion Carried. dJIt being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and place as advertised for the public hearing to consider projects to be included in Year IX 15 FEBRUARY 1983 of the Community Development Block grant Program. The Mayor asked those present to voice their_ opinions or ask questions concerning the program and projects. Ray Mathieu was present and heard. Councilmember Herbes arrived at 7:15 P.M. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to direct the City Manager to prepare an application for Year IX Community Development Block Grant funds based on the comments and recommenda- tions from the City Council, the public and City staff. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for p�t3 the public hearing to consider a request from Richard Kauffmann of I Village Builders, Inc., for tentative approval of the proposed plat Nevada Court located at Nevada Avenue and Valley Place. The Mayor asked those present to voice their opinions or ask questions concern- ing the request. Those present and heard were: Richard and Ed Kauff- mann, Village Builders, Inc. Moved by Councilmember Aaker and seconded by Councilmember Rygg to grant tentative approval of the proposed Nevada Court located at Nevada Avenue and Valley Place. Motion Carried. The City Council considered a request from Village Builders, Inc. forH,1� a conditional use permit for a residential planned unit development in an R-3 District at Nevada Avenue and Valley Place. Richard Kauff- mann, applicant, was present and heard. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve a conditional use permit for a residential planned unit de- velopment in an R-3 District at Nevada Avenue and Valley Place, as requested by Village Builders, Inc, (Morningside Estates 6th Addition). By roll call and voting aye: Aaker, Bird, Schaaf, Rygg, Meintsma; voting no: Herbes, Lundgren. Motion Carried. p The City Council considered a request from Sol Fisher for a building �h� permit for a 16'x16' addition to the existing restaurant at 5518 Lake- land Ave. N. (Crystal Family Restaurant). Moved by Councilmember Herbes and seconded by Councilmember Bird to approve the authorization to issue building permit #4677 to Sol Fisher for a 16'x16' addition to the existing restaurant at 5518 Lakeland Ave. N., subject to standard procedure. Motion Carried. The City Council considered a request from Ralph Nadeau for a build- h ing permit for a 40'x70' airplane hangar on leased Lot 76-C at the Crystal Airport. 15 FEBRUARY 1983 Moved by Councilmember Herbes and seconded by Councilmember Aaker to approve the authorization to issue building permit #4681 to Ralph Nadeau for a 40'x70' airplane hangar on leased Lot 76-C, Crystal Air- port, subject to standard procedure. Motion Carried. The City Council considered a request from Ralph Nadeau for a building permit for a 40'x70' airplane hangar on leased Lot 76-D at the Crystal Airport. Moved by Councilmember Aaker and seconded by Councilmember Herbes to approve the authorization to issue building permit #4682 to Ralph Nadeau for a 40'x70' airplane hangar on leased Lot 76-D, Crystal Air- port, subject to standard procedure. Motion Carried. The City Council considered a request from Luverne Klinkner dba Douglas Drive Standard, 3401 Douglas Drive, to allow the use of a multi -fuel furnace in his gas station. Those present and heard were: Luverne Klinkner and Ray Mathieu. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to continue the discussion of the request to allow the use of a multi - fuel furnace in a gas station at 3401 Doualas Drive, as requested by Luverne Klinkner dba Douglas Drive Standard, until the City staff conducts an analysis of the burners and appropriate regulations and reports back to the City Council. Motion Carried. The City Council considered the application of Gary Joselyn for ap- pointment as a citizen member to the Long -Range Planning Commission. Moved by Councilmember Lundgren and seconded by Councilmember Schaaf to appoint Gary Joselyn as a citizen member of the Long -Range Planning Commission for the year 1983. Motion Carried. The City Council considered the application of Gregg Peppin for ap- pointment to the Human Relations Commission. Moved by Councilmember Rygg and seconded by Councilmember Lundgren to appoint Gregg Peppin as a member of the Human Relations Commission for a term ending December 31, 1985. Motion Carried. f l The City Council considered the application of Larry Okeson for ap- pointment to the Park and Recreation Advisory Commission. Moved by Councilmember Schaaf and seconded by Councilmember Bird to appoint Larry Okeson to the Park and Recreation Advisory Commission for a term ending December 31, 1985. Motion Carried. The City Council considered the application of Michael Schoff for appointment to the Environmental Commission. Moved by Councilmember Herbes and seconded by Councilmember Lundgren to appoint Michael Schoff to the Environmental Commission for a term expiring December 31, 1985. Motion Carried. 15 FEBRUARY 1983 The City Council considered the application of Gwen Besnett for ap- gjijli pointment to the Planning Commission from Ward 3. Moved by Councilmember Aaker and seconded by Councilmember Bird to appoint Gwen Besnett to the Planning Commission for a term expiring December 31, 1985. Motion Carried. The City Council considered the acceptance of a letter of credit in the amount of $26,000 and entering into agreement with K -Wong Chow Mein, Inc., for improvement needs as part of building permit approval for remodeling and expansion at the restaurant at 5430 Lakeland Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Bird to accept the letter of credit in the amount of $26,000 from K -Wong Chow Mein, inc., as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit for re- modeling and expansion at the restaurant at 5430 Lakeland Ave. N. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Schaaf to fp;3 enter into agreement with K -Wong Chow Mein, Inc., for the purpose of guaranteeing faithful performance for certain work requirements as a condition of issuance of a building permit for remodeling and expan- sion at the restaurant at 5430 Lakeland Ave. N., and further, to au- thorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilmember Bird and seconded by Councilmember Aaker to KO O approve the authorization to issue a building permit for remodeling and expansion at the restaurant at 5430 Lakeland Ave. N., to K -Wong Chow Mein, Inc., subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Council considered the First Reading of an Ordinance Rela- (Z�1>> ting to Nuisances; Amending Crystal City Code, Subsections 600.09 and 645.07, Subdivision 1. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 83-,L AN ORDINANCE RELATING TO NUISANCES; AMENDING CRYSTAL CITY CODE, SUBSECTIONS 600.09 AND 645.07, SUBDIVISION 1 and further, that the second and final reading be held on March 1, 1983. Motion Carried. The City Council considered a resolution endorsing development of a joint powers agency to function as a watershed management organiza- tion for the Shingle Creek Watershed and to appoint a representative to the steering committee. 5 APRIL 1983 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 5, 1983, at 7:00 P.M., at 4141 Douglas Drive, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Her]-�ec::, Taker, T3ird, Schaaf, Meintsma, Lundgren, Rygg. Also present were the staff mem- bers: John T. Irving, City Manager; Dave Kennedy, City Attorney; John Olson, Assistant City Manager; William Sherburne, City Engineer; Don Peterson, Building Inspector; Charles Wilson, 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 March 15, 1983 were approved. Rick Olson, 4724 Colorado Avenue North, appeared before the Council regarding resident parking on the cul-de-sac of Colorado, north of 47th Ave. N. The following were also present and spoke: Jim Nylen, 4725 Colorado; and Joe Dwyer, 4716 Colorado. Moved by Councilmember Bird to allow "permit parking only" on Colorado Avenue North from 47th Avenue North to the end of the cul-de-sac. Motion Failed for Lack of a Second. After further discussion, the following motion was made: irPMoved by Councilmember Bird and seconded by Councilmember Shcaaf to allow "permit parking only" on Colorado Avenue North from 47th Avenue North to the end of the cul-de-sac. By roll call and voting aye: Bird, Meintsma; voting no: Herbes, Aaker, Schaaf, Rygg, Lundgren. Motion Failed. The City Council considered a request from Ray Marketon for a build- ing permit to build a 44'x60' airplane hangar on leased Lot 22-A, Crystal Airport. Moved by Councilmember Aaker and seconded by Councilmember Herbes to approve the authorization to issue building permit #4707 to Lyman Agri for a 44'x60' airplane hangar on leased Lot 22-A, Crystal Air- port, subject to standard procedure. By roll call and voting aye: Herbes, Aaker, Bird, Schaaf, Lundgren, Meintsma; voting no: Rygg. Motion Carried. The City Council considered setting a public hearing on a request from It Lee and Wilma Hilary to encroach in the rear yard setback to build a 12'x19' deck at 5008 Bernard Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Bird to set 7:00 P.M., or as soon thereafter as the matter may be heard, April 19, 1983, as the time and date for a public hearing at which 5 APRIL 1983 time the City Council will sit as a Board of Adjustments and Appeals, to consider a request from Lee and Wilma Hilary to encroach in the rear yard setback to build a 12'x19' deck at 5008 Bernard Ave. N. Motion Carried. Ken Biersdorf appeared to discuss Crystal Heights School property. / Glen Bierbar, of Town Taxi, Inc., appeared regarding a request for a rate change from 90 cents to $1.00 per metered mile, the flag drop I` from 85 cents to 95 cents, and the waiting time from $10.00 to $12.00 per hour. Moved by Councilmember Aaker and seconded by Councilmember Rygg to approve the request of Town Taxi Company, Inc., for a rate change on their meters from 90 cents to $i.00per mile, the flag drop from 85 cents to 95 cents, and the waiting time from $10.00 to $12.00 per hour. Motion Carried. The City Council considered setting a bond in the amount of $62,000 as a guaranty of faithful performance of certain work requirements as a condition of issuance of a building permit to build an addition to the existing building at 5526 Douglas Drive, Anderson Floral. Jim Ostenson and Dave Anderson, Sr., were present and heard. The City Council considered a request by the Knights of Columbus to Kj)l operate a 3.2 beer stand at Welcome Park on August 27 and 28, 1983. Moved by Councilmember Bird and seconded by Councilmember Aaker to grant the authorization to use Welcome Park for a softball tournament, and to approve a permit for the Knights of Columbus to operate a 3.2 beer stand at Welcome Park on August 27 and 28, 1983. Motion Carried. The City Council considered setting a public hearing to consider a request for a variance to allow the expansion of a non -conforming use (current dwelling encroaches 7.68' in the required 26' side street side yard setback) to allow the construction of an addition to the existing garage at 3852 Florida Ave. N., as requested by Garry D. Olson. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to set 7:00 P.M., or as soon thereafter as the matter may be heard, April 19, 1983, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustments and Appeals to consider a request from Garry D. Olson to allow the expansion of a non -conforming use for the addition to the garage at 3852 Florida Avenue North. Motion Carried. Moved by Councilmember Bird and seconded by Councilmember Herbes to set bond in the amount of $62,000 as a guaranty of faithful perfor- mance of certain work requirements as a condition of building permit approval for an addition to the existing building at Anderson Floral, 5526 Douglas Drive, as recommended by the City Engineer. Motion Carried. The City Council considered a request by the Knights of Columbus to Kj)l operate a 3.2 beer stand at Welcome Park on August 27 and 28, 1983. Moved by Councilmember Bird and seconded by Councilmember Aaker to grant the authorization to use Welcome Park for a softball tournament, and to approve a permit for the Knights of Columbus to operate a 3.2 beer stand at Welcome Park on August 27 and 28, 1983. Motion Carried. The City Council considered setting a public hearing to consider a request for a variance to allow the expansion of a non -conforming use (current dwelling encroaches 7.68' in the required 26' side street side yard setback) to allow the construction of an addition to the existing garage at 3852 Florida Ave. N., as requested by Garry D. Olson. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to set 7:00 P.M., or as soon thereafter as the matter may be heard, April 19, 1983, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustments and Appeals to consider a request from Garry D. Olson to allow the expansion of a non -conforming use for the addition to the garage at 3852 Florida Avenue North. Motion Carried. 5 APRIL 1983 The City Council considered authorization to advertise for bids for reroofing and insulation of City Hall. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve the authorization to allow City staff to advertise for bids for reroofing and insulation of City Hall. Motion Carried. \'1 The City Council considered a report on curb and gutter around City ` parks. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to accept the City Engineer's report dated March 30, 1983, which is made a part hereof, on curb and gutter for City Parks, and further, to au- thorize City staff to advertise for bids to complete the project, de- leting Items 41 b, and #5. By roll call and voting aye: Aaker, Bird, Schaaf, Rygg, Meintsma; voting no: Herbes, Lundgren. Motion Carried. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to direct the City Engineer to prepare a feasibility report on install- ing curb and gutter for residents affected by installation of curb and gutter around the City parks. Motion Carried. The City Council considered a letter from Hennepin County regarding 1' reconstruction of Douglas Drive from Medicine sake Road to 42nd Avenue North. Moved by Councilmember Lundgren and seconded by Councilmember Bird to direct City staff to contact Hennepin County and indicate the City Council's desire to proceed with reconstruction of Douglas Drive from Medicine Lake Road to 42nd Avenue North, as quickly as is practical. Motion Carried. I - The City Council considered the Second Reading of an ordinance clari- fying a defect in a previous ordinance, amending Ordinance.No. 83-1. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 83-3 AN ORDINANCE AMENDING ORDINANCE NO. 83-1 RELATING TO THE VACATION OF A PORTION OF A STREET RIGHT-OF-WAY, AND DRAINAGE AND UTILITY EASEMENTS, AS DEDICATED IN MORNINGSIDE ESTATES 6TH ADDITION WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Council considered a change in the tree disease subsidy pro- gram. 111 5 APRIL 1983 �I ` Moved by Councilmember Rygg and seconded by Councilmember Schaaf to approve tree disease subsidies, paying 1000 of the cost of those who qualify under the income guidelines, and 500 of cost of tree removal of all other residents up to a maximum of $50.00. Motion Carried. The City Council considered setting a public hearing to consider a request for a variance to encroach 8' in the required 40' rear yard setback to build a 10'x14' addition to the existing house at 3414 Louisiana Ave. N., as requested by Gregory P. Sexter. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to set 7:00 P.M., or as soon thereafter as the matter may be heard, April 19, 1983, 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 to encroach 8' in the required 40' rear yard setback, to allow a 10'x14' addition to the existing house at 3414 Louisiana Ave. N., as requested by Gregory P. Sexter. Motion Carried. The City Council considered change orders for the air conditioning 'AAO project at the Thorson Community Center. Moved by Councilmember Bird and seconded by Councilmember Schaaf to approve change orders #2 and #3 in the amount of $15,330, for the air conditioning project at the Thorson Community Center, and further, to authorize the Mayor and City Manaa_er to sign the change orders. Motion Carried. Moved by Councilmember Aaker 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. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adjourn the meeting. Motion Carried. ATTEST: 1 7 City Clerk Mayor 112 19 APRIL 1983 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on April 19, 1983, 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: Herbes, Aaker, Bird, Meintsma, Lundgren, Rygg; the following were absent: Schaaf. Also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Don Peterson, Building Inspector; Charles Wilson, Administrative As- sistant; 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 meeting of the City Council of April 5, 1983 were approved. The City Council considered the following items on the Consent Agenda: 1. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 17, 1983, as the time and date for a public hearing to consi- der tentative approval of proposed plat Crystal Highlands 2nd Addition located at 7021 and 7011 Markwood Drive. 2. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1983, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Ap- peals to consider a request from Paul Heins for a variance of 563 sq. ft. in lot area and for a variance of 2.5' in the required 40' rear yard setback to allow an 11'x18' addition to the exist- ing house at 5917 - 46th Ave. N. 3. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1983, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Ap- peals to consider a request from Michael Tanner for a variance to expand a non -conforming use (said non -conformity being the existing house encroaches 35'9" in the required 40' rear yard setback) and a variance of 2'6" in the required 5' side yard set- back to permit an 18'x29' attached garage to be constructed at 5011 Vera Cruz Ave. N. 4. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 17, 1983, as the time and date for a public hearing to con- sider tentative approval of proposed plat Van-Glo Addition lo- cated at 45th Place North between Douglas Drive and Florida Ave. N. 5. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1983, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Ap- peals to consider a request from Donald Olson of Melford Olson Honey Co., for a variance in the required number of parking stalls (45 stalls required; 25 available) to allow an addition to be constructed at 5201 Douglas Drive. 113 19 APRIL 1983 6. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1983, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Ap- peals to consider a request from Roger Keske for a variance to expand a non -conforming use (said non -conformity being the exist- ing dwelling encroaches 14' in the required 25' side street side yard setback) and a variance of 5' in the required 25' side street side yard setback to allow a 22'x24' detached garage to be con- structed at 5657 Perry Ave. N. 7. Set 7:00 P.M., or as soon thereafter as the matter may be heard, May 3, 1983, as the time and date for a public hearing at which time the City Council will sit as a Board of Adjustments and Ap- peals to consider a request from Steve Woessner for a variance of 1200 sq. ft. in lot area to allow an 8'x16' addition to be constructed at 4730 Zane Ave. N. Moved by Councilmember Aaker 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 Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Lee and Wilma Hilary for a varince of 8.05' in the required 40' rear yard setback to build a 12'x19' deck at 5008 Bernard Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. Those present and heard were: Ed Krueger, 5009 - 52nd Ave. N. and the contractor for Mr. and Mrs. Hilary. Moved by Councilmember Herbes and seconded by Councilmember Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83 - RESOLUTION APPROVING A VARIANCE By roll call and voting aye: Herbes, Rygg; voting no: Aaker, Bird, Lundgren, Meintsma; absent, not voting: Schaaf. Motion Failed. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board P of Adjustments and Appeals to consider a request from Garry D. Olson for a variance to allow expansion of a non -conforming use (current dwelling encroaches 7.68' in the required 26' side street side yard setback) to allow the construction of a 30'x30' garage at 3852 Florida 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 Lundgren to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 19 APRIL 1983 e The City Council considered a request from the Crystal HRA for rezon- ing of property at 5428-5440 Douglas Drive from B-4 (community commer- cial) to R-4 (high density residential). Moved by Councilmember Bird and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 83- -1 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that the second and final reading be held on May 3, 1983. By roll call and voting aye: Aaker, Bird, Rygg, Meintsma; voting no: Lundgren; abstained: Herbes.; absent, not voting: Schaaf. Motion Carried. The City Council considered a request from the Crystal HRA for rezon- ing of property at 5459 Douglas Drive from B-4 (community commercial) to R-0 (residential -office) for the building of a senior citizen hous- ing project. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 83-, AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that the second and final reading be held on May 3, 1983. Motion Carried. The City Council considered acceptinu a feasibility report on Curb and Gutter Improvement Project No. 63-C and setting a public hearing date. Moved by Councilmember Aaker and seconded by Councilmember Lundgren to accept the feasibility report on Curb and Gutter Improvement Pro- ject No. 63-C. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Herbes to set 7:00 P.M., or as soon thereafter as the matter may be heard, May 17, 1983, as the time and date for the public hearing to consider Curb and Gutter Improvement Project No. 63-C. Motion Carried. q The City Council considered requesting a feasibility report on Street D fl Improvement Project No. 63-D and Curb and Gutter Improvement Project I� No. 63-D, overlay of Nevada Avenue from 45th Avenue to Fairview Avenue (joint project with New Hope). Moved by Councilmember Bird and seconded by Councilmember Aaker to request City staff to prepare a feasibility report on Street Improve- ment Project No. 63-D and Curb and Cutter Improvement Project No. 63-D, an overlay of Nevada Avenue from 45th Avenue to Fairview Avenue. Motion Carried. 19 APRIL 1983 Moved by Councilmember Aaker and seconded by Councilmember Bird to accept the feasibility report on Street Improvement Project No. 63-D and Curb and Gutter Improvement Project No. 63-D, an overlay of Ne- vada Avenue from 45th Avenue to Fairview Avenue. Motion Carried. \` Moved by Councilmember Rygg and seconded by Councilmember Bird to set 1� 7:00 P.M., or as soon thereafter as the matter may be heard, May 17, 1983, as the time and date for the public hearing to consider Street Improvement Project No. 63-D and Curb and Gutter Improvement Project No. 63-D, an overlay of Nevada Avenue from 45th Avenue to Fairview Avenue. Motion Carried. n�\')''The City Council considered a request from the Park & Recreation Advi- sory Commission to appoint Marty Gates from the Park and Recreation Advisory Commission, as a representative of that Commission on the Long - Range Planning Commission, as the present member, Mr. Kenneth Belland, has asked to be replaced due to another commitment. Moved by Councilmember Bird and seconded by Councilmember Herbes to appoint Marty Gates to the Long -Range Planning Commission for the re- mainder of the year 1983, to replace Ken Belland. Motion Carried. Pn The City Council considered bids for street maintenance materials. Moved by Councilmember Aaker and seconded by Councilmember Rygg to adopt the following resolution, the reading_ of which was dispensed with by unanimous consent: RESOLUTION NO. 83-23 RESOLUTION AWARDING BIDS 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 13, 1983, and tabulated as follows: BITUMINOUS PATCHING MIXTURE (3/8") (5.0o oil) AT PLANT DELIVERED Bury & Carlson, Inc. $18.50/ton Commercial Asphalt Co. $18.50/ton C. S. McCrossan, Inc. $20.30/ton Midwest Asphalt Corp. $20.65/ton $23.65/ton BITUMINOUS PATCHING MIXTURF (3/8") (5.50 oil) Bury & Carlson, Inc. $19.35/ton Commercial Asphalt Co. $19.35/ton C. S. McCrossan, Inc. $21.20/ton Midwest Asphalt Corp. $21.50/ton $24.50/ton 1 i 19 APRIL 1983 BITUMINOUS PATCHING MIXTURE (3/4") (5.0o oil) AT PLANT Bury & Carlson, Inc. Commercial Asphalt Co. C. S. McCrossan, Inc. Midwest Asphalt Corp. BITUMINOUS PATCHING MIXTURE (3/4" Bury & Carlson, Inc. Commercial Asphalt Co. C. S. McCrossan, Inc. Midwest Asphalt Corp. 5. 5% oil BITUMINOUS PATCHING MIXTURE (Winter Mix Bury & Carlson, Inc. C. S. McCrossan, Inc. Midwest Asphalt Corp. SAND Barton Sand & Gravel Co. CLASS 5 GRAVEL Barton Sand & Gravel Co. Bury & Carlson, Inc. Midwest Asphalt Corp. C. S. McCrossan, Inc. GRANULAR MATERIAL $17.90/ton $17.90/ton $18.20/ton $20.25/ton $18.75/ton $18.75/ton $19.10/ton $21.10/ton $29.00/ton $29.00/ton $27.50/ton AT PIT r)F2T.T VF.RF2n $23.25/ton $24.10/ton DELIVERED $ 2.25/ton $4.45/ton $ 2.00/ton $4.20/ton $ 1.95/ton $4.15/ton $ 2.10/ton $3.75/ton $ 2.75/ton Barton Sand & Gravel Co. $ 1.25/ton Bury & Carlson, Inc. $ 1.15/ton Midwest Asphalt Corp. $ 1.25/ton C. S. McCrossan, Inc. $ 1.26/ton AND WHEREAS, Bury & Carlson, Inc. is the apparent low bidder and most responsive to the specifications for 3/8" (5.0% oil) and 3/8" (5.50 oil) and 3/4" (5.00 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 responsive to the specifications for sand, Class 5 gravel and granular material, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal awards the contract for 3/8" (S.Oo oil) bituminous patching mixture at $18.50/ ton at plant; and for 3/8" (5.50 oil) bituminous patching mixture at $19.35/ton at plant; and 3/4" (5.0o oil) bituminous patchina mixture at $17.90/ton at plant, and 3/4" (5.50 oil) bituminous patching mixture at $18.75/ton at plant;and Winter Mix bituminous patching mixture at $29.00/ton at plant to Bury & Carlson, Inc.; and sand at $2.25/ton at pit and $4.45/ton delivered, Class 5 gravel at $2.00/ton at pit and $4.20/ton delivered, and granular material at $1.25/ton at pit to Bar- ton Sand and Gravel Company, and 19 APRIL 1983 BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contracts. By roll call and voting aye: Herbes, Aaker, Bird, Lundgren, Rygg, Meintsma; absent, not voting: Schaaf. Motion carried, resolution declared adopted. r: Mavor ATTEST: City Clerk \� The City Council considered the improvement of Douglas Drive from 41st to 27th Avenue. Moved by Councilmember Aaker and seconded by Councilmember Bird to direct City staff to request the Hennepin County Transportation Depart- ment to appear before the City Council to discuss plans for upgrading Douglas Drive from 27th to 41st Avenue North, and further, to notify residents affected by an improvement project. Motion Carried. 1010 Moved by Councilmember Rygg and seconded by Councilmember Bird to ap- prove the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, with the addition of an itinerant food license for the Knights of Columbus for April 29 and 30, 1983; and a temporary sign for the Multiple Sclerosis Airlift at the Crystal Airport for April 29 through May 5, 1983; 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 Aaker and seconded by Councilmember Herbes to adjourn the meeting. Motion Carried. ATTEST: City Clerk -Mayor 1 . 17 MAY 1983 of 3'; thence deflect 90° left for a distance of 10'; thence deflect 90° left for a distance of 3'; thence deflect 901 right for a distance of 90.75' to the point of beginning of the tract of land to be described; thence continuing along last described course for a distance of 196'; thence at a right angle Sly a distance of 193'; thence at a right angle Wly a distance of 196'; thence at a right angle Nly, a dis- tance of 193' to the point of beginning. Motion Carried. The City Council considered a request from Doug Sinclair, of Paster Enterprises, for a building permit for a fast food restaurant at 6817 - 56th Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Lundgren to approve the authorization to issue building permit #4759 to Rax Restaurant, Inc. for a fast food restaurant at 6817 - 56th Ave. N., subject to standard procedure. Motion Carried. I It being 7:00 P.M., or as soon thereafter as the matter could be heard,r H j Mayor Pro Tem Aaker declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from Timothy Wilson for a variance to expand a non -conforming use (non -conformity being house encroaches in the rear yard) to build a 22'x28' detached garage at 6916 - 44th Ave. N. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the variance. Mr. Wilson was present. Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 4 a) to expand a non -conforming use to allow the construction of a 22'x28' detached garage at 6916 - 44th Ave. N., Lot 2, Block 1, Lyle Carlson's Hillcrest 6th Addition, as requested in Variance Appli- cation #83-25A by Timothy Wilson. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard,cf" Mayor Pro Tem Aaker declared this was the time and date as advertised I for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals, to consider a request from Alfred Wagner to expand a non -conforming use (non -conformity being in lot area: 228.78 sq. ft. short) to build a 6'6"x16' addition to the exist- ing house at 5409 Scott Ave. N. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Bird and seconded by Councilmember Lundgren to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 d) to expand a non -conforming use to allow the construction of a 6'6"x16' addition to the existing house at 5409 Scott Ave. N., Lot 5, Block 1, White Oaks Manor Addition, as requested in Variance Application #83-28T by Alfred Wagner. Motion Carried. 17 MAY 1983 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Pro Tem Aaker declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider tentative approval of pro- posed plat Crystal Highlands 2nd Addition, located at 7021 and 7011 Markwood Drive. The Mayor Pro Tem 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 Bird to grant tentative approval of proposed plat Crystal Highlands 2nd Addi- tion, located at 7021 and 7011 Markwood Drive. P4otion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Pro Tem Aaker declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider tentative approval of the proposed plat Van-Glo Addition, located at 45th Place between Douglas Drive and Florida Ave. N. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the proposed plat. Those present and heard were: Pat Jacobson, 4520 Florida; and Tom VanHousen, 6406 - 45th Ave. N. Moved by Councilmember Lundgren and seconded by Councilmember Schaaf to grant tentative approval of the proposed plat Van-Glo Addition, located at 45th Place between Douq_las Drive and Florida Ave. N. Motion Carried. The City Council considered a request from Twila Donley for a condi- tional use permit to allow a physical culture and health studio in a B-4 District at 2756 Douglas Drive. Twila Donley was present and heard, Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve, as recommended by and based on the findings of fact of the Planning Commission, Application #83-19T, as submitted by Twila Donley of the Fantasia Beauty Salon, for a conditional use permit to allow a physical culture and health studio in a B-4 District (Section 515.37, Subd. 4 f), at 2756 Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition. Motion Carried. p The City Council considered the application of James Newstrom for the \\� Human Relations Commission. Moved by Councilmember Bird and seconded by Councilmember Herbes to appoint James Newstrom to the Human Relations Commission for a term expiring December 31, 1985. Motion Carried. 110,0 The City Council considered a request from Westphal Legion Post No. 251 to use Welcome Park on May 21 and 22, 1983, for a softball tournament, and their applications for a 3.2 beer stand, an itinerant food stand, and waiver of fees. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to approve a permit to use Welcome Park on Play 21 and 22, 1983, for a softball tournament, as requested by the Westphal Legion Post No. 251. Motion Carried. IL 1 7 JUNE 1983 Moved by Councilmember Bird and seconded by Councilmember Herbes to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 d), for a variance of 1,471.2 sq. ft. in the required 7,500 sq. ft. lot area to allow the construction of a 30'x24' attached gar- age at 6811 - 52nd Ave. N., which is the East 16.6' of Lot 13 and West 43.4' of Lot 14, Block 2, Murray Lane 7th Addition, as requested in Application No. 83-27A by Timothy Bungert. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard,, Mayor Meintsma declared this was the time and date as advertised for �� the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance of 8' in the required 30' side yard setback to build a 10'x14' addition to the existing deck at 3601 Brunswick Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use (non -conformity being the existing dwelling encroaches 8' in the required 30' side street side yard setback); and Section 515.13, Subd. 3 a� 2), to vary 8' in the required 30' side street setback to allow a 10'x14' addition to the existing deck at 3601 Brunswick Ave. N., Lot 4, Block 1, Joseph Schmidt Addition, as requested in Applications No. 83-29A and No. 83-30A, by Mary Bates. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 for a variance to ex- pand a non -conforming use (said non -conformity being front and side street setbacks) to build a 24'x26' detached garage at 4957 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 Bird to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) to expand a non -conforming dwelling (non -conformity being existing dwelling encroaches 1.4' in the required 30' front yard set- back and 5.3' in the required 30' side street side yard setback) to allow a 24'x26' detached garage to be constructed at 4957 Douglas It being 7:00 P.M., or as soon thereafter as the matter could be heard,,, - Mayor Meintsma declared this was the time and date as advertised for rr' the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance of 1,471.2 sq. ft. in lot area to allow the construction of a 30'x24' attached garage at 6811 - 52nd Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning_ the variance. No one appeared. Moved by Councilmember Bird and seconded by Councilmember Herbes to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 d), for a variance of 1,471.2 sq. ft. in the required 7,500 sq. ft. lot area to allow the construction of a 30'x24' attached gar- age at 6811 - 52nd Ave. N., which is the East 16.6' of Lot 13 and West 43.4' of Lot 14, Block 2, Murray Lane 7th Addition, as requested in Application No. 83-27A by Timothy Bungert. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard,, Mayor Meintsma declared this was the time and date as advertised for �� the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a variance of 8' in the required 30' side yard setback to build a 10'x14' addition to the existing deck at 3601 Brunswick Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use (non -conformity being the existing dwelling encroaches 8' in the required 30' side street side yard setback); and Section 515.13, Subd. 3 a� 2), to vary 8' in the required 30' side street setback to allow a 10'x14' addition to the existing deck at 3601 Brunswick Ave. N., Lot 4, Block 1, Joseph Schmidt Addition, as requested in Applications No. 83-29A and No. 83-30A, by Mary Bates. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 for a variance to ex- pand a non -conforming use (said non -conformity being front and side street setbacks) to build a 24'x26' detached garage at 4957 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 Bird to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) to expand a non -conforming dwelling (non -conformity being existing dwelling encroaches 1.4' in the required 30' front yard set- back and 5.3' in the required 30' side street side yard setback) to allow a 24'x26' detached garage to be constructed at 4957 Douglas 7 JUNE 1983 Drive, that part of the SE 1/4 of the NE 1/4, of Section 8, Township 118, Range 21, described as follows: Beginning at the NE corner of the S 1/2 of the S 1/2 of the S 1/2 of the NE 1/4, said Section 8; thence W along the N line of said tract 183 feet; thence S parallel with the E line of the NE 1/4 of said Section 8, a distance of 164.74 feet, more or less, to the S line of the N 1/2 of the S 1/2 of the SE 1/4 of the SE 1/4 of the NE 1/4 of said Section; thence E along said S line 183 feet to the E line of the NE 1/4 of Section 8; thence N along said E line 164.71 feet, more or less, to the point of beginning, except the W 70 .feet thereof. Subject to easement for street and alley pur- poses over the E 33 feet, the N 30 feet and. the S 7 feet of the premises above described, as contained in deed Doc. No. 246126, Files of Regis- trar of Titles, as requested in Variance Application No. 83-31T by Al- bert LaHaise. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, \� J Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request for a vacation of alley between 50th and Corvallis Avenues from Hampshire to Florida. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: JoAnn Zell - man, 4824 Nevada; resident at 6606 - 50th Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Bird to adopt the following ordinance: ORDINANCE NO. 83 AN ORDINANCE VACATING AN ALLEY WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on June 21, 1983. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, �\ Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from the Crystal HRA for a variance of 204' in the lot area and 3' in lot width to allow the construction of a single family home at 4324 Brunswick Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variances. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Sections 515.15, Subd. 2 c), to vary 204 sq. ft. in the required 7,500 sq. ft. lot area; and Section 515.15, Subd. 2 a), to vary 3' in the required 60' lot width, to allow the construction of a single family home at 4324 Bruns- wick Ave. N., Lot 17, Block 5, Robbinsdale Home Gardens Fourth Addi- tion, as requested in Applications #83-33T and #83-34T by the Crystal HRA. Motion Carried. 7 JUNE 1983 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from the Crystal HRA for a variance of 20' in the required 60' lot width to build a single family home at 4231 Xenia Ave. N. The Mavor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 c)1), to vary 1,500 sq. ft. in the required 7,500 sq. ft. lot area; Section 515.15, Subd. 2 a), to vary 20' in the required 60' lot width, to allow the construction of a single family home at 4231 Xenia Ave. N., Lot 6, Block 4, Robbinsdale Home Gardens Second Addi- tion, as requested in Variance Applications 483-35T and #83-36T by the Crystal HRA. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from the Crystal HRA for a variance of 20' inthe required 60' lot width and 2,380 sq. ft. in the required 7,500 sq. ft. in lot area for the construction of a single family home at 3432 Lee Ave. N. The Mayor asked those present to voice their opinions or ask questions regarding the variance. No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Aaker to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Sections 515.15, Subd. 2 c), to vary 2,380 sq. ft. in the required 7,500 sq. ft. lot area; Section 515.15, Subd. 2 a), to vary 20' in the required 60' lot width, to allow the construction of a single family home at 3432 Lee Ave. N., Lot 24, Block 7, Woodland Homes, as requested in Applications #83-37T and #83-38T by the Crystal HRA. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard,�� Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council will sit as a Board of Adjustments and Appeals to consider a request from the Crystal HRA for a variance of 20.9' in the required lot width; 2,492 sq. ft. in the required lot size and 20' in the required side yard side street set- back for the construction of a single family home at 3452 Kyle Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: resident at 3448 Kyle Ave. N. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 3 a), to vary 20' in the required 30' side street side yard set- back; Section 515.15, Subd. 2 c), to vary 2,492 sq. ft. in the required i 7 JUNE 1983 7,500 sq. ft. lot area; and Section 515.15, Subd. 2 a), to vary 20.9' in the required 60' lot width, to allow the construction of a single family home at 3452 Kyle Ave. TT., Lot 30, Block 8, Woodland Homes, as requested in Variance Applications #83-39m, 483-40T, and #83-41T by the Crystal HRA. Motion Carried. The City Council considered Curb and Gutter Improvement No. 63-C. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-31 RESOLUTION ORDERING IN THE CONSTRUCTION OF CURB AND GUTTER IMPROVEMENT NO. 63-C WHEREAS, it has been proposed to proceed with Curb and Gutter Improvement No. 63-C, 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 Mav 5, 1983, and May 12, 1983, which hear- ing was held on May 17, 1983, which Notice of Public Hearing is incor- porated 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. 63-C, shall be hereinafter designated Curb and Gutter Improvement No. 63-C, 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 Mans and specifications for Curb and Gutter Improvement No. 63-C, as set forth in this Resolution, and 1 1 21 JUNE 1983 7. To set 7:00 P.M., or as soon thereafter as the matter may be heard, October 4, 1983, as the time and date for the assessment hearing for Improvement Projects No. 63-C, No. 63-B and No. 63-D. Moved by Councilmember Aaker 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 Pro Tem Rygg 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 the Minne- sota -Ohio Oil Corp. for a variance in the required 10' setback for a non -conforming sign at 6000 - 42nd Ave. N. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to continue until July 5, 1983, the public hearing on the request for a sign ordinance variance to allow a non -conforming sign at 6000 - 42nd Ave. N., as requested in Variance Application No. S83-4. Motion Carried. 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 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 Victor {- Tompkins for a variance of 2' in the required 60' lot width to build a 12'x13.75' addition at 5638 Vera Cruz Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. Mr. Tompkins was present. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 a) to vary 2' in the required 60' lot width to allow the con- struction of a 12'x13.75' addition to the existing house at 5638 Vera Cruz Ave. N., Tract B, Registered Land Survey #893, as requested in Application #83-45T by Victor Tompkins. Motion Carried. 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 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 Norman McLeod for a variance of 10' in the required 25' side street side yard setback to build a 16'x20' deck at 4756 Edgewood Ave. N. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. No one appeared. d 11 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2), to vary 10' in the required 25' side street side yard set- back, to allow the construction of a 16'x20' deck at 4756 Edgewood Ave. N., Lot 1, Block 4, Crystal Manor, as requested in Application #83-46T by Norman McLeod. Motion Carried. 21 JUNE 1983 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 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 James Berge for a variance in the rear yard setback to build an 18'x18' addition to the existing house at 5221 - 56th Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the vari- ance. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Aaker to approve the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2), to vary 10' in the required 40' rear yard setback, to allow the construction of an 18'x18' addition to the existing house at 5221 - 56th Ave. N., that part of Lot 29 lying North of a line running parallel with and 132' North from North line of Block 1, Matzke's Second Addi- tion and East of Toledo Avenue, Auditor's Subdivision No. 328, as re- quested in Application #83-47A by James and Sandra Berge. Motion Carried. The City Council considered a request for a building permit from Sol Fisher for Crystal Family Restaurant. Moved by Councilmember Aaker and seconded by Councilmember Bird to approve the authorization to issue building permit #4840 to Sol Fisher for up to a 36'x24' addition to the existing restaurant at 5518 Lake- land Ave. N., subject to standard procedure and approval of the off- street parking by the City Engineer. Motion Carried. The City Council considered the on -sale liquor, tavern, and on -sale liquor on Sunday applications of Dorian Enterprises, Inc. dba The Iron Horse, 5630 Lakeland Ave. N. for the year July 1, 1983 through June 30, 1984. Moved by Councilmember Lundgren and seconded by Councilmember Bird to approve the on -sale liquor, Sunday on -sale liquor and tavern license applications of Dorian Enterprises, Inc. dba The Iron Horse, 5630 Lake- land Ave. N., for the year July 1, 1983 through June 30, 1984. Motion Carried. The City Council considered a request from the Crystal Jaycees for a permit to operate a 3.2 beer stand at Welcome Park on August 12, 13, and 14, 1983, for a softball tournament. Moved by Councilmember Herbes and seconded by Councilmember Aaker to approve a permit to operate a 3.2 beer stand at Welcome Park on Au- gust 12, 13 and 14, 1983, for a softball tournament, as requested by the Crystal Jaycees. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- ting an alley between 50th and Corvallis from Hampshire to Florida Avenue North. 5 JULY 1983 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Walter McComas for a variance in the side street side yard setback (encroaches 18' in the required 30') to build a 12'x15' addition and a 12'x28'6" deck at 3301 Wisconsin Ave. N. The Mayor asked those present to voice thier opinions or ask questions concerning the variances. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Aaker to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to expand an existing non -conforming use which encroaches 18' in the required 30' side street side yard setback for a 121x15' addi- tion and a 12'x28'6" deck at 3301 Wisconsin Ave. N., Lot 24, Block 2, Winnetka Park Third Addition, as requested in Applications #83-48A and #83-49A by Walter McComas. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Donald O'Reilly for a variance in square footage (186 sq. ft. short of the required 7500 sq. ft.) and to encroach 8' in the required rear yard setback to build a 10'x12' deck at 5440 Unity Ave. N. The Mayor asked those pre- sent to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Herbes and seconded by Councilmember Schaaf to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to expand an existing non -conforming use to vary 186 sq. ft. in the required 7500 sq. ft. lot area; and Section 515.15, Subd. 2 c) to vary 8' in the required 40' rear yard setback to allow the construc- tion of a 10'x12' deck at 5440 Unity Ave. N., Lot 12, Block 2, White - oaks Manor, as requested in Applications #83-50T and #83-51T by Donald O'Reilly. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Bruce Beadle for a variance in the square footage requirements (496 sq. ft. short of the required 7500 sq. ft.) to build a 141x22' detached garage at 5508 - 54th Ave. N. The Mayor asked those present to voice their t opinions or ask questions concerning the variances. No one appeared. Moved by Councilmember Schaaf and seconded by Councilmember Bird to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 c) to vary 496 sq. ft. in the required 7500 sq. ft. lot area, to allow the construction of a 14'x22' detached garage at 5508 - 54th Ave. N., Lot 12, Block 2, Whiteoaks Manor, as requested in Application 4 #83-52T by Bruce Beadle. Motion Carried. 5 JULY 1983 It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Stanley Maisel for a variance to modify the location for perimeter curb, as set forth in the agreement between the City of Crystal and the owner at 4705 - 36th Ave. N. The Mayor asked those present to voice thier opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Rygg to grant, as recommended by and based on the findings of fact of the Planning Commission, the authorization pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.09, Subd. 4 h) 15) to modify the location for perimeter curb, as shown on the sketch dated May 24, 1983, and as set forth in the agreement between the City and the owner, at 4705 - 36th Ave. N., Lot 1, Block 1, Noble Drug Complex, as requested in variance applica- tion #83-15A by Stanley Maisel. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Noel Pittman for a variance to allow two curb cut accesses at 4909 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Herbes to approve Variance Application #83-32T to allow two curb cut accesses at 4909 Douglas Drive. By roll call and voting aye: Herbes, Aaker, Bird, Schaaf, Rygg, Meintsma; voting no: Lundgren. Motion Carried. The City Council considered the continued public hearing regarding a request from the Minnesota -Ohio Oil Corp. for a variance to the sign ordinance for a non -conforming sign at 6000 - 42nd Ave. N. The Mayor asked those present to voice their opinions or ask questions concern- ing the variance. Those present and heard were: Chuck Hess from the sign company. Moved by Councilmember Lundgren and seconded by Councilmember Aaker to deny a variance to allow a non -conforming sign at 6000 - 42nd Ave. N., as requested in Sign Variance Application #583-4. Motion Carried. The City Council considered final approval of the Van-Glo Addition, located at 45th Place between Douglas Drive and Florida Ave. N. Those present and heard were: Pat Jacobson, 4520 Florida; Chuck Hill- strom, 4532 Florida; and Tom VanHousen, 6406 - 45th Ave. N. Moved by Councilmember Lundgren and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 19 JULY 1983 Moved by Councilmember Bird and seconded by Councilmember Lundgren tc grant authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2), to vary 3.9' in the required 25' side street side yard set- back to allow the construction of a 20'x22' detached garage and a 101x14' deck at 5800 Quail Ave. N., Lot 5, Block 2, Larson's Twin Lake Park Addition, as requested in Variance Application #83-53T by David Nelson. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Robert E. Kurki for a variance to expand a non -conforming use (said non -conformity being the existing house encroaches 20' in the required 40' rear yard setback) to allow the construction of an addition to the house and an 11'x14' deck at 3732 Adair Avenue N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. No one appeared. Councilmember Schaaf arrived at 7:05 P.M. Moved by Councilmember Rygg and seconded by Councilmember Bird to grant authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use, (the existing house en- croaches 20' in the required 40' rear yard setback) to allow the con- struction of an 11'x14' deck at 3732 Adair Ave. N., Lot 4, Block 2, Stromberg Sunnyslopes lst Addition, as requested in Variance Applica- tion #83-54A by Robert and Patricia Kurki. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 K. Cary for a variance in the square footage requirements (lot is 1,059.72 sq. ft. short of the required 7500 sq. ft.) to allow the construction of a 24'x24' detached garage at 4856 Zane 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 Bird to grant authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.15, Subd. 2 c) to vary 1,059.72 sq. ft. in the required 7500 sq. ft. lot area to allow the construction of a 241x24' detached garage at 4856 Zane Ave. N., Lot 18, Block 3, West Lilac Terrace Fourth Unit, as requested in Application #83-55A by Thomas Cary. Motion Carried. The City Council considered the First Reading of an ordinance rezon- ing property at 5301 Douglas Drive, Lots 1 and 2, Block 1, Whinnery Terrace, from B-4 (community commercial) to B-3 (auto -oriented com- mercial), Octopus Car Wash. Bonnie Williams, representing William Jurkens, appeared and was heard. 19 JULY 1983 Moved by Councilmember Schaaf and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 83-` AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that the second and final reading be held on August 2, 1983. Motion Carried. The City Council considered a request for a gambling license from the Crystal Firemen's Relief Association, and waiver of bond. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve a gambling license for the Crystal Firemen's Relief Associa- tion, and further, to waive the bond requirement. Motion Carried. The City Council considered a request from St. Raphael's Church to hold a carnival at the St. Raphael's Festival on August 5, 6, and 7, 1983, and to waive the fee. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve a carnival license for St. Raphael's Church, to be held at their Festival on August 5, 6, and 7, 1983, and further, to waive the fee. Motion Carried. The City Council considered a request from St. Raphael's Church for a bingo license for the St. Raphael's Festival on August 5, 6, and 7, 1983, and waiver of bond. Councilmember Herbes arrived at 7:12 P.M. Moved by Councilmember Rygg and seconded by Councilmember Lundgren to approve a bingo license for the St. Raphael's Church for their Festival on August 5, 6, and 7, 1983, and further, to waive the bond. Motion Carried. The City Council considered a request from St. Raphael's Church for a 3.2 beer stand at the St. Raphael's Festival on August 5, 6, and 7, 1983, at 7301 Bass Lake Road. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve a 3.2 beer stand for St. Raphael's Church for their Festival on August 5, 6, and 7, 1983, at 7301 Bass Lake Road. Motion Carried. William J. Mavity, representing Steven Weisman of the Crystal Lounge, appeared before the City Council to discuss having a pig roast on August 27, 1983. Moved by Councilmember Lundgren and seconded by Counciomember Herbes 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 the Crystal Lounge, 4900 West Broadway, for one day on August 27, 1983. 173 2 AUGUST 1983 Moved by Councilmember Herbes and seconded by Councilmember Aaker to grant authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) to vary 10' in the required 30' side street side yard setback to allow the construction of a 22'x18' addition to the de- tached garage at 3948 Florida Avenue North, Lot 14, Block 2, Gaulke's 4th Addition, as requested in Variance Application #83-57A by Michael G. Dolence. Motion Carried. Don Mosher, of Senator Boschwitz's office, appeared to discuss matters of concern to the City and Federal Government. Issues such as revenue sharing, cable T.V., tax increment financing, gasoline taxes and rejuvenation of military facilities in the State were discussed. The City Council considered the application of Michael Culhane for the Long -Range Planning Commission, with term expiring December 31, 1983. Moved by Councilmember Aaker and seconded by Councilmember Herbes to appoint Michael Culhane to the Long -Range Planning Commission for a term expiring December 31, 1983. Motion Carried. The City Council considered the Second Reading of an Ordinance Re- zoning Property at 5301 Douglas Drive from B-4 (community commercial) to B-3 (auto -oriented commercial) . Moved by Councilmember Schaaf and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 83-9 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 conditional use permit to allow a car wash in a B-3 zoning district at 5301 Douglas Drive. Moved by Councilmember Bird and seconded by Councilmember Herbes to grant, as recommended by the Planning Commission, a Conditional Use Permit #83-43T to allow a car wash in a B-3 zoning district at 5301 Douglas Drive. Motion Carried. The City Council considered the First Reading of an ordinance to permit only licensed taxicabs to pick up passengers in Crystal and to change the insurance coverage requirements for cab companies. 1 174 2 AUGUST 1983 Moved by Councilmember Aaker and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. 83-1 AN ORDINANCE RELATING TO TAXICABS: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 1150.17 AND 1150.19; AND AMENDING CRYSTAL CITY CODE, SECTION 1150 BY ADDING A NEW SUBDIVISION THERETO and further, that the second and final reading be held August 16, 1983. By roll call and voting aye: Herbes, Aaker, Bird, Meintsma, Rygg; voting no: Schaaf, Lundgren Motion Carried. The City Council considered a Second Reading of an ordinance per- taining to a natural gas franchise in Crystal. Moved by Councilmember Schaaf and seconded by Councilmember Rygg to adopt the following ordinance: ORDINANCE NO. 83-10 AN ORDINANCE GRANTING MINNEGASCO, INCORPORATED, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF CRYSTAL, MINNESOTA, FOR SUCH PURPOSES: AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF and further, that this be the second and final reading. Motion Carried. The City Council considered bids for Curb and Gutter Improvement No. 63-C. Moved by Councilmember Aaker and seconded by Councilmember Herbes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83 - RESOLUTION AWARDING BID By roll call and voting no: Herbes, Aaker, Bird, Schaaf, Meintsma, Lundgren, Rygg. Motion Defeated. 16 AUGUST 1983 of Adjustments and Appeals to consider a request from John R. Schnell for a variance to expand a non -conforming use (said non -conformity being the existing dwelling encroaches 16' in the required 40' rear yard setback) and to further encroach 14' for the construction of a 14'x28' addition to the attached garage at 3852 Edgewood 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 Bird to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use (the existing dwelling encroaches 16' in the required 40' rear yard setback), and to further the encroachment an additional 14' by building a 14'x28' addition to the attached garage varying Section 515.13, Subd. 4 a) at 3852 Edgewood Ave. N., Lot 8, Block 1, Gaulke's 5th Addition, as re- quested in Variance Applications #83-58A and #83-59A by John R. Schnell. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma 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 Stanley C. Anderson for a variance of 12.56' in the required 40' rear yard setback to build an 181x28' all -season porch and an 18'x16' deck at 6708 - 45th Place N. No one appeared. Moved by Councilmember Aaker and seconded by Councilmember Herbes to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 4 a) to allow a variance of 12.56' in the required 40' rear yard setback for the construction of an 181x28' all -season porch and an 181x16' deck at 6708 - 45th Place N., the East 1/2 of the South 1/2 of that part of Lot 20 lying North of the South 30', except road, Au- ditor's Subdivision Number 314, as requested in Variance Application #83-68A by Stanley Anderson. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would consider a request from Gordon Stoneburner for tentative approval of the proposed plat Stoneburner Addition located between Adair and Zane, north of 34th Avenue. 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 Bird to grant tentative approval of the proposed plat Stoneburner Addition lcoated between Adair and Zane Avenues North, north of 34th Avenue. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would consider a request from the Crystal HRA for tentative approval of the proposed 16 AUGUST 1983 plat HRA Addition located at 5517 Xenia Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the pro- posed plat. No one appeared. Moved by Councilmember Bird and seconded by Councilmember Rygg to grant tentative approval of the proposed plat HRA Addition, located at 5517 Xenia Ave. N. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would consider a request from the Crystal HRA for tentative approval of the proposed plat HRA Second Addition, located at 3054 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concern- ing the proposed plat. No one appeared. Moved by Councilmember Lundgren and seconded by Councilmember Aaker to grant tentative approval of the proposed plat HRA Second Addition, located at 3054 Douglas Drive. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would consider the revocation of the tree trimmer's license for Arbor Tree Service. The Mayor asked those present to voice their opinions or ask questions concerning the proposed revocation. No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Lundgren to approve the revocation of the tree trimmer's license for Arbor Tree Service for the year of 1983. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would consider Im- provement Project No. 63-F, 45th Place from Florida to the dead end east. The Mayor asked those present to voice their opinions or ask questions concerning Improvement No. 63-F. Those present and heard were: Tom VanHousen; Charles Hillstrom, 4532 Florida; and Patricia Jacobson, 4520 Florida Ave. N. 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 ORDERING IN IMPROVEMENT NO. 63-F By roll call and voting aye: Bird, Schaaf, Rygg, Meintsma; voting no: Herbes, Aaker, Lundgren. Motion Lost. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to direct staff to study the assessment policy as it pertains to the development of land -locked parcels and report back to the City Council with recommendations for possible changes in the policy. Motion Carried. 16 AUGUST 1983 After further discussion, the following action was taken: Moved by Councilmember Aaker and seconded by Councilmember Schaaf to reconsider the resolution ordering in Improvement No. 63-F. Motion Carried. After further discussion, the following motion was made: Moved by Councilmember Aaker and seconded by Councilmember Herbes to disapprove the construction of Improvement No. 63-F, 45th Place from Florida to the dead end east. By roll call and voting aye: Herbes, Aaker, Bird, Lundgren, Rygg, Meintsma; voting no: Schaaf. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider the Redevelopment and Tax Increment Fi- nancing Plan for the Bass Lake Road/Becker Park area. The Mayor asked those present to voice their opinions or ask questions concerning the Plan. Those present and heard were: Mike Sanko, businessman Sharon Garber, HRA George Merriam, 4901 Douglas Drive Ray Mathieu, 5756 Nevada Bob Benedict, Crystal Medical Center Stan Zieska, 5518 Douglas Drive Ray Gordhamer, 4849 Douglas Drive Ed Thonander, resident Marty Campion, businessman Letters were received from School District #281 and from John Derus, Chairperson of the Hennepin County Commissioners. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-46 RESOLUTION APPROVING A REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE BASS LAKE ROAD/BECKER PARK REDEVELOP- MENT PROJECT: ESTABLISHING A REDEVELOPMENT PROJECT AREA; ESTABLISHING A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota (City) as follows: Section 1. Background. 1.01. The City Council of the City by Resolution No. 83-8 of February 8, 1983, initiated and referred to the Housing and Redevelop- ment Authority of the City of Crystal (Authority) a proposal for a redevelopment project in the portion of the City generally known as the Bass Lake Road/Becker Park Area (Project Area). 16 AUGUST 1983 1.02. The proposal, referred to as the BRW Plan, has been studied and reviewed by the Authority with the assistance of its con- sultants, Bennett, Ringrose, Wolsfeld, Jarvis & Gardner, Inc. 1.03. The Authority has, on the basis of such study and review, prepared a redevelopment plan and program (Redevelopment Plan) for the Project Area in accordance with Sections 462.421 and 462.445 of Minnesota Statutes, Sections 462.411 to 462.716 (Redevelopment Act), and has prepared a tax increment financing plan (TIF Plan) in accor- dance with Section 273.74 of Minnesota Statutes, Section 273.71 to 273.78 (TIF Act) . 1.04. The Redevelopment Plan and TIF Plan are contained in a document entitled "Bass Lake Road/Becker Park Redevelopment and Tax Increment Financing Plan" dated June 30, 1983 now on file with the City Clerk. 1.05. The Redevelopment Plan and TIF Plan have been, in accor- dance with the Acts, referred to the City Planning Commission which by action taken on June 13, 1983 has found that the Redevelopment Plan and TIF Plan conform to and are not in conflict with the general plan for the development or redevelopment of the City as a whole. 1.06. The Authority by resolution of June 30, 1983 has approved the Redevelopment Plan and the TIF Plan for a redevelopment tax incre- ment financing district (TIF District) and referred them to this Coun- cil for public hearing and consideration as provided by the Acts. 1.07. This Council has this date conducted the required public hearing at which the views of all interested parties were heard. Copies of the TIF Plan have been forwarded to Independent School Dis- trict No. 281 and Hennepin County as required by the TIF Act. 1.08. This Council has fully reviewed the contents of the Re- development Plan and TIF Plan. Section 2. Findings; Redevelopment Project. 2.01. It is hereby found and determined that within the Project Area there exist conditions of economic obsolescence, physical deter- ioration, underutilization and inappropriate uses of land, inadequate platting, and improper off-street parking access. 2.02. It is further found and determined that within the Project Area there are deficiencies in economic viability, visual appearance, traffic circulation, and pedestrian travel. In addition it is found that the design of Becker Park in the Project Area is inadequate to serve public recreational needs and does not enhance the economic vitablity of the Project Area. 2.03. It is further determined that physical deterioration of buildings and structures in the Project Area is so extensive as later described herein as to meet the standards of a Redevelopment District set forth in the TIF Act. 16 AUGUST 1983 2.04. It is further specifically found and determined that: a) the land in the Project Area would not be made available for redevelopment without the public intervention and financial aid described in the Redevelopment Plan and TIF Plan; b) the Redevelopment Plan for the Project Area will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the re- development of the Project Area by private en- terprise; c) the Redevelopment Plan conforms to the general development plan of the City as set forth in the comprehensive municipal plan. 2.05. The findings in this section are made in compliance with Section 462.521, Subdivision 2 of the Redevelopment Act for the purpose of showing the City's intent to exercise, in conjunction with the Authority, the powers granted to the City and the Authority by that Act in order to achieve the objectives of that Act. Section 3. Findings: Redevelopment Tax Increment Financing District. 3.01. It is found and determined that it is necessary and desir- able to the sound and orderly development and redevelopment of the Project Area and the City as a whole, and for the protection and pre- servation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance to the Redevelopment Pro- ject. 3.02. It is further found and determined that the TIF District is a redevelopment district, and that the following conditions are reasonably distributed throughout the TIF District: a) more than 70 percent of the parcels of land in the TIF District are occupied by buildings, streets, or utilities or other improvements; b) at least 20 percent of the buildings are structur- ally substandard; and c) an additional 30 percent of the buildings require substantial renovation or clearance in order to remove such existing conditions as inadequate street layout, incompatible land use relationships, over- crowding of buildings on the land, excessive dwell- ing unit density, obsolete buildings not suitable for improvement or conversion, and other hazards to health and safety identified in the TIF Plan and Redevelopment Plan. 16 AUGUST 1983 3.03. It is further found and determined, and it is the reasoned opinion of the Authority and this Council, that the redevelopment proposed by the Redevelopment Plan and the TIF Plan could not reason- ably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. No substantial new private develop- ment has occurred in the Project Area in the past several years not- withstanding the presence of vacant and underutilized land, low pro- perty values, expanding commercial and residential markets, and high public visibility of the Project Area. 3.04. The TIF Plan conforms to the general plan of development of the City as a whole. The City comprehensive municipal plan calls for major commercial development, park improvements, and residential development in the TIF District, and the Planning Commission of the City has submitted its written comments to this Council to that effect. 3.05. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole for the redevelopment of the TIF District by private enterprise. It is anticipated that all project developments set out in the TIF Plan will be constructed by private enterprise, except public park and roadway improvements which are designed to stimulate private investment. 3.06. The City does not elect the method of tax increment com- putation set forth in Section 273.76, Subdivision 3, clause (b) of the TIF Act. It is essential to the success of the TIF District and Project Area that no fiscal disparities contribution be made by commer- cial -industrial properties within the TIF District. Section 4. Prosect and District Established: Certification: Filing. 4.01. The Redevelopment Plan is approved. The Redevelopment Project is approved. The Project Area is established. 4.02 The TIF Plan is approved. The TIF District is established. 4.03. The geographic boundaries of the Project Area and the TIF District are coterminous and as described in the Redevelopment Plan and TIF Plan which document is adopted herein by reference. 4.04. The Authority is requested to transmit a certified copy of this resolution together with a certified copy of the Redevelop- ment Plan and TIF Plan to the Director of Property Taxation of Hennepin County with a request that the original assessed valuation of the TIF District be certified to the Authority pursuant to Section 273.76, Subdivision 1 of the TIF Act. The Authority is further requested to file a copy of the Redevelopment Plan and TIF Plan with the Minnesota Energy and Economic Development Authority as required by the TIF Act. 4.05. This Council shall at the quest of the Authority take action to ligation bonds pursuant to the TIF Act ment costs identified in the TIF Plan. appropriate time and at the re- issue and sell its general ob- to finance public redevelop- 30 AUGUST 1983 After holding extensive hearings, on November 18, 1980, the City adopted Ordinance No. 80-8 which rezoned the property from R-4 to R-1, which permitted single family residences and excluded multiple family resi- dences. In January, 1981, Halley Land Corporation commenced an action against the City in Hennepin County District Court, (Halley Land Corporation vs. City of Crystal, Court file No. 775468), alleging, among other things, that the City's action in rezoning the property from R-4 to R-1 was unlawful and seeking, among other things, an order of the Court requiring the City to issue a building permit for the Halley Land Cor- poration's 148 residential unit Villages in Crystal plan. That Halley Land Corporation and the City, through their respective attorneys, during the period after the commencement of said action in January, 1981, and prior to November, 1982, prepared the case for trial. In November, 1982, certain negotiations conducted on behalf of the parties caused Halley Land Corporation to prepare a plan for the de- velopment of the property for 31 detached single-family residential units and 56 attached single-family residential units, which plan is now known as "Rolling Green of Crystal," and which plan is the subject of the Halley Land Corporation's request for the variances pursuant to Section 515.55 of the City's Code. That Halley Land Corporation has agreed that, in the event that Halley Land Corporation obtains from the City all necessary approvals, includ- ing said variances, for the implementation of the 87 residential unit Rolling Green of Crystal plan, Halley Land Corporation will dismiss, with prejudice, said Hennepin County District Court action referred to above. The subject property is a long narrow irregularly shaped parcel being 1,650 feet in average length, 457 feet in width on the west and 242 feet in width on the east. The property abuts the Soo Line Railroad right-of-way for 1,650 feet on the south and abuts the backyards of a single family residential development for 1,650 feet on the north. The property contains approximately one acre of peat bog which is un - buildable. The long, narrow irregular shape of the property coupled with the abut- ting railroad right-of-way and the unbuildable soils, together with all other facts which were brought out at the hearing and contained in the files and records of the City indicate the following: 1. Longer rear yard setbacks will be required for those lots which abut the railroad right-of-way in order to reduce the noise from passing railroad traffic; 2. Because the railroad right-of-way and the back yards of de- veloped properties abut on the long sides of the property there is little public access and all of the proposed homes within the development must have access created with right-of-way taken from the subject property; 30 AUGUST 1983 3. The narrow width and irregular shape together with the longer setbacks which are required from the railroad right- of-way makes typical grid pattern platting impractical; 4. The presence of poor soils in the area make portions of the property unbuildable; 5. The strict enforcement of the literal provisions of the Ordinance would cause undue hardship due to the above-des- cribed unique factors while the granting of the variances would permit a reasonable use of the property without viola- ting the spirit and intent of the Ordinance; 6. That the granting of said variances will not (a) impair the adequate supply of air and light to adjacent property; (b) unreasonably increase the congestion in the public streets; (c) increase the danger of fire or endanger the public safety; or (d) unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of the City's Code; 7. That the granting of said variances will not be contrary to the public health, safety, morals, or general welfare; 8. The property cannot be put to a reasonable use under the conditions allowed by the R-1 zoning; 9. That the plight of the Iialley Land Corporation is due to cir- cumstances unique to the property not created by the Halley Land Corporation; 10. That the variances, if granted, will not alter the essential character of the neighborhood; and 11. That, if the variances are not granted, there will be an undue and unusual hardship which is unique to the property. Based on all the foregoing information, the following action was taken: Moved by Councilmember Aaker and seconded by Councilmember Lundgren to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-47 RESOLUTION APPROVING VARIANCES REQUESTED BY HALLEY LAND CORPORATION BE IT HEREBY RESOLVED that the City Council of the City of Crystal, Minnesota, approves all variances requested by Halley Land Corporation, referred to above and as described in Exhibit A which is attached hereto and made a part hereof by reference, subject to the following conditions: 6 SEPTEMBER 1983 Moved by Councilmember Lundgren and seconded by Councilmember Herbes to refer the request for tax increment financing for the Nevada Court Condominiums to the HRA to be reconsidered. By roll call and voting aye: Herbes, Lundgren; voting no: Aaker, Bird, Schaaf, Rygg, Meintsma. Motion Lost. Moved by Councilmember Schaaf and seconded by Councilmember Aaker to approve the Consent Agenda, including Item #4. By roll call and voting aye: Aaker, Bird, Schaaf, Rygg, Meintsma; voting no: Herbes, Lundgren. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date for the public hearing to consider the First Reading of an ordinance vacating a por- tion of Quail Avenue North, south of 53rd Avenue North, and a portion of Vera Cruz Avenue, south of 53rd Avenue North. The Mayor asked those present to voice their opinions or ask questions regarding the vacation. Those present and heard were: Mike Halley, Halley Land Corporation; John Malnati, 4927 - 53rd Ave. N.; Dave Johnson, 5221 - 53rd Ave. N.; Ed Thonander, 5409 - 53rd Ave. N.; and Rose Braden, 5315 - 53rd Ave. N. Moved by Councilmember Lundgren and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 83-! AN ORDINANCE RELATING TO PUBLIC WAYS: VACATING PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held September 20, 1983. By roll call and voting aye: Herbes, Aaker, Schaaf, Lundgren, Rygg, Meintsma; voting no: Bird. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing at which time the City Council would sit as a Board of Adjustments and Appeals to consider a variance to build an 18'x14' canopy which will encroach 8'1" in the front yard setback at the Golden Skillet Restaurant, 6827 Bass Lake Road. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Representatives of the Golden Skillet were present and heard. Moved by Councilmember Rygg and seconded by Councilmember Aaker to grant the authorization, 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 515.13, Subd. 2 b) to allow a canopy to encroach 8'1" in the required 22' front yard setback at 6827 Bass Lake Road, Lot 1, Block 1, Crystal Shopping Center Addition, as requested in Variance Appli- cation #83-63T by Golden Skillet International, Inc. 6 SEPTEMBER 1983 By roll call and voting aye: Rygg; voting no: Herbes, Aaker, Bird, Schaaf, Lundgren, Meintsma, Motion Lost. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Meintsma 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 requests from William Jurkens of Octopus Car Wash for variances to expand a non -conforming use (said non -conformity being the existing building encroaches 3' in the re- quired 25' side street side yard setback) and to vary the side street side yard setback requirements at 5301 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the variances. Moved by Councilmember Schaaf and seconded by Councilmember Bird to grant the authorization, 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 515.05, Subd. 2, to allow the expansion of a non -conforming use of the building at 5301 Douglas Drive, Lot 2, Block 1, Whinnery Terrace, as requested in Variance Application #83-64T by Octopus Car Wash. Motion Carried. Moved by Councilmember Aaker and seconded by Councilmember Bird to ,grant the authorization, as recommended by and based on the findings of fact of the Planning Commission, and pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 3 b) to grant a variance of 3' in the re- quired 25' setback on Edgewood Avenue to allow a 20'x50' addition to the existing building at 5301 Douglas Drive, Lot 2, Block 1, Whin- nery Terrace, as requested in Variance Application #83-65T by Octopus Car Wash. Motion Carried. Moved by Councilmember Rygg and seconded by Councilmember Bird to ,grant the authorization, as recommended by and based on the findings J of fact of the Planning Commission, and pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.13, Subd. 3 b) to grant a variance of 12' in the re- quired 25' setback on 53rd Avenue North, to allow a 121x50' addition to the existing building at 5301 Douglas Drive, Lot 2, Block 1, Whin- nery Terrace, as requested in Variance Application #83-66T by Octopus Car Wash. Motion Carried. The City Council considered setting surety in the amount of $21,000 as a guaranty of work requirements as part of building permit approval at Octopus Car Wash, 5301 Douglas Drive. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to set surety in the amount of $21,000 as a guaranty of faithful per- formance of certain work requirements as a condition of building per- mit approval for an addition at 5301 Douglas Drive, as recommended by the City Engineer. Motion Carried. 1 i 6 SEPTEMBER 1983 Moved by Councilmember Lundgren and seconded by Councilmember Bird to J approve the authorization to issue building permit #5126 for construc- ting a 201x50' addition and a 121x50' addition to Octopus Car Wash at 5301 Douglas Drive, Lot 2, Block 1, Whinnery Terrace, subject to standard procedure, as recommended by the Planning Commission; and also subject to receipt of surety and signed agreement within 14 days. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider a franchise for the distribution of natural gas in the City of Crystal. The Mayor asked those present to voice their opinions or ask questions concerning the franchise. I No one appeared. Moved by Councilmember Rygg and seconded by Councilmember Aaker to reaffirm the action taken at the regular Council meeting of August 2, 1983, which was to adopt Ordinance No. 83-10 entitled "An Ordinance Granting Minnegasco, Inc., a Minnesota Corporation, Its Successors and Assigns, a Non-exclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to use the Public Ground of the City of Crystal, Minnesota, for such pur- poses: And Prescribing Certain Terms and Conditions Thereof". Motion Carried. The City Council considered the Second Reading of an ordinance rezon- ing property at 6105 - 42nd Avenue North, from B-4 (community commer- cial) to I-1 (warehousing and light industrial). Richard Lockus, Li- berty Garment Company, appeared and was heard. Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following ordinance: ORDINANCE NO. 83-12 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 the continued discussion of the licensee fee for a massage parlor from the August 16, 1983, meeting. Twila Donley of Fantasia Together Hair Designs, appeared and was heard. Moved by Councilmember Schaaf and seconded by Councilmember Bird to approve the license application of Twila Donley dba Fantasia Together Hair Designers, for a massage parlor located at 2756 Douglas Drive. Motion Carried. The City Council considered the adoption of the Deferred Compensation Program of the International City Managers Association. 6 SEPTEMBER 1983 Moved by Councilmember Aaker and seconded by Councilmember Schaaf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-48 RESOLUTION OF THE CITY OF CRYSTAL ("EMPLOYER") WHEREAS, the Employer maintains a deferred compe-nsatko--plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator"), and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federal legislation and Internal Rev- enue Service Regulations governing said plans, and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code, and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective invest- ment of funds held under their deferred compensation plans, and WHEREAS, said Trust is a salutary development which further ad- vances the quality of administration for plans administered by the ICMA Retirement Corporation, NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the deferred compensation plan, attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan administered by the ICMA Retirement Corporation, which shall continue to act as Administrator of said plan, and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B, and 1 Ll BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement with the ICMA Retirement Corporation, as appears in Appendix C hereto, as an amendment and restatement of its existing trust agree- ment with the ICMA Retirement Corporation, and directs the ICMA Retire- ment Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is prac- ticable, and BE IT FURTHER RESOLVED that the City Treasurer shall be the coor- dinator for this program and shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. 20 SEPTEMBER 1983 wood was present and heard. 1 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) for a variance of 5' in the required 30' side street side yard setback to allow the construction of a 16'x22' detached garage at 5757 Quail Ave. N., Lot 1, Block 4, Twin Lake Park 2nd Addition, as requested in Variance Application #83-76A by Melvin E. Lockwood. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider tentative approval of the proposed plat Rolling Green of Crystal. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. Those present and heard were: Mark Weims, Attorney representing some pro- perty owners on 53rd Avenue North. Moved by Councilmember Lundgren and seconded by Councilmember Rygg to g r a:^t tentative approval of the proposed plat Rolling Green of Crvstal. By roll call and voting aye: Herbes, Schaaf, Lundgren, Rygg, Meintsma; voting no: Bird; absent, not voting: Aaker. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- ting a portion of Quail Avenue, south of 53rd Avenue, and a portion of Vera Cruz Avenue, south of 53rd Avenue. Moved by Councilmember Schaaf and seconded by Councilmember Lundgren to adopt the following ordinance: ORDINANCE NO. 83-13 AN ORDINANCE RELATING TO PUBLIC WAYS: VACATING A PORTION OF QUAIL AND VERA CRUZ AVENUES WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. By roll call and voting aye: Herbes, Schaaf, Lundgren, Rygg, Meintsma; voting no: Bird; absent, not voting: Aaker, Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider the 1984 City of Crystal Budget. The Mayor asked those present to voice their opinions or ask questions concerning the 1984 budget. No one appeared. The Mayor declared the public hearing closed. for a variance to expand a non -conforming use (said non -conformity being the existing house encroaches 5' in the required 30' side street side yard setback) to allow the construction of a 16'x22' detached garage at 5757_Quail Ave. N. The Mayor asked those present to voice their opinions or ask questions concerning the variance. Mr. Lock- wood was present and heard. 1 Moved by Councilmember Schaaf and seconded by Councilmember Herbes to grant the authorization, pursuant to Section 515.55 of the Crystal City Code, to vary or modify the strict application of Section 515.05, Subd. 2) for a variance of 5' in the required 30' side street side yard setback to allow the construction of a 16'x22' detached garage at 5757 Quail Ave. N., Lot 1, Block 4, Twin Lake Park 2nd Addition, as requested in Variance Application #83-76A by Melvin E. Lockwood. Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider tentative approval of the proposed plat Rolling Green of Crystal. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. Those present and heard were: Mark Weims, Attorney representing some pro- perty owners on 53rd Avenue North. Moved by Councilmember Lundgren and seconded by Councilmember Rygg to g r a:^t tentative approval of the proposed plat Rolling Green of Crvstal. By roll call and voting aye: Herbes, Schaaf, Lundgren, Rygg, Meintsma; voting no: Bird; absent, not voting: Aaker. Motion Carried. The City Council considered the Second Reading of an ordinance vaca- ting a portion of Quail Avenue, south of 53rd Avenue, and a portion of Vera Cruz Avenue, south of 53rd Avenue. Moved by Councilmember Schaaf and seconded by Councilmember Lundgren to adopt the following ordinance: ORDINANCE NO. 83-13 AN ORDINANCE RELATING TO PUBLIC WAYS: VACATING A PORTION OF QUAIL AND VERA CRUZ AVENUES WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. By roll call and voting aye: Herbes, Schaaf, Lundgren, Rygg, Meintsma; voting no: Bird; absent, not voting: Aaker, Motion Carried. It being 7:00 P.M., or as soon thereafter as the matter could be heard, Mayor Meintsma declared this was the time and date as advertised for the public hearing to consider the 1984 City of Crystal Budget. The Mayor asked those present to voice their opinions or ask questions concerning the 1984 budget. No one appeared. The Mayor declared the public hearing closed. 20 SEPTEMBER 1983 The City Council considered rezoning of property at 3504-3516 Douglas Drive from R-1 to R-4 to allow the construction of eight townhouses. Dan Ronrud appeared and was heard. Moved by Councilmember Lundgren and seconded by Councilmember Herbes to adopt the following ordinance: ORDINANCE NO. _-B �4- f AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLA ZIFI- CATION FROM R-1 TO R-4 OF CERTAIN LANDS (3504-3516 DOUGLAS DRIVE) and further, that the second and final reading be held on October 4, 1983. f1 »> ,, ,'r, l - e P;. C- Motion Carried. The City Council considered a request for a conditional use permit from the Olivet Baptist Church to allow a church in an R-1 District at 3415 Louisiana Ave. N. (Crystal Heights School). Mr. Lorvick, Chairman of the Board of Olivet Baptist Church, appeared and was heard. Moved by Councilmember Bird and seconded by Councilmember Schaaf to approve,-- as recommended by and based on the findings of fact of the Planning Commission, a conditional use permit to allow a church in an R-1 District at 3415 Louisiana Ave. N., Lots 2 and 3, Block 1, Mount Crystal Addition, as requested in Application #83-62AT by the Olivet Baptist Church. Motion Carried. The City Council considered a sign permit for North Hennepin Montes- sori School at 6700 - 46th Place North. --- - Moved by Councilmember Rygg and seconded by Councilmember Schaaf to approve sign permit #5281 for North Hennepin Montessori School at -6700 46th Place North. Motion Carried The City Council discussed John T. Irving's 20th anniversar as -City Manager of the City of Crystal. Moved by Councilmember Schaaf and seconded by Councilmember Bird to direct City staff to order a plaque to commemorate John T. Irving's 20th anniversary as City Manager, and to commend him for his services to the City, and further, to mount the plaque in the City Fall.-- Motion Carried. The Mayor called a recess at 8:04 P.M., and reconvened the meeting at 8:18 P.M. The Council discussed the 1984 City of Crystal Budget. Moved by Councilmember Schaaf and seconded by Councilmember Bird to / ,,amend the 1.984 proposed budget, increasing Account #01-4990-000-32 from $12,000 to $30,000 for a long-range computer implementation - study. By roll call and voting aye: Herbes, Bird, Schaaf, Rygg, Meintsma; voting no: Lundgren; absent, not voting: Aaker. Motion Carried. r� L� 1 1 1 4 OCTOBER 1983 Bob Rotz, 3528 Lee Ave. N. Mr. Borgie, 3333 Adair Resident, 2802 Idaho Ave. Resident, 3533 Regent Steve Price, 3327 Adair Mr. King, 6710 - 36th Ave. N. Ave. N. Moved by Councilmember Aaker and seconded by Councilmember Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83-52 RESOLUTION CONFIRMING ASSESSMENTS FOR IMPROVEMENTS INCLUD- ING SEALCOAT STREET AND ALLEY; DISEASED TREE REMOVAL 1984; DELINQUENT WEED CUTTING; DELINQUENT SEWER & WATER UTILITY CHARGES; AND STREET LIGHTING 1984 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: Sealcoat #6384 . . . . . . . . . 2 years Sealcoat Alley #6384 . . . . . . 2 years Diseased Tree Removal 1984 . . . 5 years Delinquent Weed Cutting 1984 1 year Delinquent Sewer & Water Utility Charges and Street Lighting 1984 . . . . 1 year more fully described in notice as published in Notice of Public Hearing in the North Hennepin Post on September 15, 1983, 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 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, 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 4 OCTOBER 1983 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 sam and file said assessment roll in his 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 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 1983, collectible with such taxes during the year 1984, if they are not prepaid by September 15, 1983. 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 15, 1983 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 Reso- lution levying said assessment to December 31, 1984 and each such subse- quent 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. 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 within thirty (30) days after the adopting of the assessment roll and filing such notice with the District Court within (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 objec- tion 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. 1