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1977 City Council Minutes(00(_ 4 JANUARY 1977 Pursuant to due call and notice thereof the regular meeting of the Crystal City Council was held on January 4, 1977 at 7:00 P.M. at 4141 Douglas Drive Worth, Crystal, Minnesota. The City Clerk administered the Oath of Office and presented Certifi- cates of Election to Peter E. Meintsma, Mayor; Thomas Aaker, Council- man Section I; John Brisky, Councilman Ward III; and Paul W. Rosenthal, Councilman Ward IV. The Secretary of the Council called the roll and the following were present: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Rygg; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Ass:Lstant City Manager; William Sherburne, City Engineer; John Olson, 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 meeting of December 21, 1976, and the Spec- ial meeting of December 28, 1976, were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Valley View Park .-- 2nd Addition. The Mayor asked those present to ask questions or voice -- their opinions about the proposed plat. Mr. Richard Dempsey appeared. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to grant tentativE! approval of the proposed Valley View Park 2nd Addition. Motion Carried. The City ManagEr presented for consideration by the Council the appoint- ment of the Major Pro Tem for 1977. Former Councilman Buchholz was Mayor Pro Tem in 1976. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to appoint Courcilman Bertrand as Mayor Pro Tem for 1977. By roll call and voting aye: Langsdorf, Brisky, Meintsma, Rosenthal, Aaker; abstained: Bertrand; absent, not voting: Rygg. Motion Carried. The City Manager presented for consideration by the Council the desig- nation of the official newspaper for 1977. Moved by Councilman Bertrand and seconded by Councilman Aaker to desig- nate the North Hennepin Post as the official newspaper for 1977. Motion Carried. The City Manager presented for consideration by the Council the desig- nation of the official depository for 1977. 4 JANUARY 1977 Moved by Councilman Rosenthal and seconded by Councilman Bertrand to y designate Crystal State Bank as the official depository for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of a representative to the Association of Metropolitan Municipal- ities. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to appoint Mayor 1114eintsma as the representative to the Association of Metropolitan Municipalities for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of an alternate representative to the Association of Metropolitan Municipalities. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- point Councilman Rygg as the alternate representative to the Associa- tion of Metropolitan Municipalities for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of representatives to the Hennepin County Advisory Committee on Comprehensive Transportation Planning. :7 Moved by Councilman Rosenthal and seconded by Councilman Bertrand to appoint Councilman Rygg and City Engineer Sherburne as representatives to the Hennepin County Advisory Committee on Comprehensive Transpor- tation Planning for 1977. Mot.io.n Withdrawn. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to appoint Councilman Aaker and City Engineer Sherburne as representatives to the Hennepin County Advisory Co-im-nittee on Comprehensive Transporta- tion Planning for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of a director to the Sani'--ary Disposal Authority. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to appoint Councilman Bertrand as a director to the Sanitary Oi.sposal Authority for 1977. Motion Carried. The City 'tanager presented for consideration by the Council appointments to the Long -Range Planning Commission. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ap- point Mayor Meintsma and Councilman Rygg as representatives to the Loner -Range Planning Commission for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of a Council liaison to the Youth Commission. 10 1k 7� 4 JANUARY 1977 Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- point Councilman Bertrand as the Council liaison to the Youth Commis- sion for 1977. By roll call and voting aye: Langsdorf, Brisky, Aaker; abstained: Bertrand; absent, not voting: Meintsma, Rygg Motion Rosenthal, Carried. The City Manager presented for consideration by the Council the appoint- ment of the Council liaison to the Human Rights and Behavior Commis- sion. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to appoint Councilman Brisky as Council liaison to the Human Rights and Behavior Commission for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of representatives to the CATV Committee. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to appoint Councilman Aaker and the City Manager as representatives to the CATV Committee for 1977. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of the Council liaison to the Park and Recreation Advisory Com- mission. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to appoint Councilman Langsdorf as Council liaison to the Park and Recrea- tion Advisory Commission for 1977., Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of the Council liaison to the Environmental Commission. Moved by Councilman Aaker and seconded by Councilman Bertrand to ap- point Mayor Meintsma as the Council liaison to the Environmental Com- mission for 1977. Motion Carried. The City Manager presented for consideration by the Council the resig- nation of Gay Howell from the Environmental Commission. 1 =i Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to accept the resignation of Gay Howell from the Environmental Commis- sion and instruct the City Manager to send a letter of thanks and ap- preciation. Motion Carried. The City Manager presented for consideration by the Council the appoint- ment of members to the Advisory Commissions. 04 Moved by Councilman Langsdorf and seconded by Councilman Bertrand to appoint the following persons to the Planning Commission for the terms designated: Mary Ann Eckenberg, Frank Peters, Paul Plasencia, for terms— ending December 31, 1977; E. A. Neubarth, Herman Elsen, James Ryan, for terms ending December 31, 1978; and Gordon Bergman, Robert Ellefson, Thomas Juday, Winston Nystrom, for terms ending December 31, 1979. Motion Carried. 4 JANUARY 1977 Moved by Councilman Rosenthal and seconded by Councilman Brisky to appo''-nt the following persons to the Park and Recreation Advisory Com- mission for the terms designated: Ronald Chagnon, Elizabeth Herbes, I-7 Mary sting, for terms ending December 31, 1977; Kay Thompson, John Gro- gan, Marty Gates, for terms ending December 31, 1978; and Charles Peugh, Sheldon Thor_kelson, Fred Schmidt, for terms ending December 31, 1979. Motion Carried.. Moved by Councilman Bertrand and seconded by Councilman Aaker to ap- point the following persons to the Human Rights and Behavior Commission for the terms designated: Marlene Girard, Marie Sellner, James Kloepp- I� ner, for terms ending December 31, 1977; Annette Rowland, Ron Gulenchyn, Mary Hagen, Harvey Leviton, for terms ending December 31, 1978; and Randy Landis, Eva Lien, Carol Wintermute, Dolores Anderson, with terms ending December 31, 1979. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to appoint the following persons to the Environmental Commission for the terms designated: Ed Sipe, with term ending December 31, 1977; �c1 Juanita Pickus, John Bergene, Arthur Wilson,, with terms ending Decem- ber 31, 1978; and Neilan B. Lund, with term ending December 31, 1979. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- point the following persons to the Youth Commission, with terms end- __-) L ing December 31, 1977: Laura Pyne, Bob Shoultz, Mary Thielman, and Doug Spaulding. Motion Carried. The City .Manager presented for consideration by the Council the appoint- ment of a representative to the New Hope -Golden Valley -Crystal Water Commission. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to appoint Walter Buchholz as the representative to the New Hope -Golden Valley -Crystal Water Commission for 1977. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for a private kennel license of Patricia Hogan at 6414 42nd Avenue North. Ms. Hogan; Donald Sai_ce, 6424 42nd Avenue North; and Sy Bruchs, 4218 Florida Avenue North appeared. A petition was re- ceived opposing the private kennel license. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to grant the authorization to issue a private kennel license to Patricia Hogan at 6414 - 42nd Avenue North. Motion Carried. The City Manager presented for consideration by the Council a request for a sign variance from Cragg, Inc., for a sign at 6519 - 56th Avenue North. Ji (yc Moved by Councilman Aaker and seconded by Councilman Brisky that pur- suant to Chapter 406, Section 30, of the Crystal City Code to vary or 4 JANUARY 1977 modify the strict application of the provisions of Section 406.31, Subd. 2, to table for further study a variance for a non -conforming sign at 6519 - 56th Avenue North, applicant --Cragg, Inc. Motion Carried. The City Manager presented for consideration by the Council a report on the Community Development Program for Year III. The Council dis- cussed the items to be included in the program and agreed to continue the discussion at its next meeting. It being 8:30 P.M. Mayor Meintsma declared this was the time and place for the continued hearing on the suspension or revocation of the liquor license of Virgil Miller for the Rusty Nail. The City Attorney advised Councilman Aaker and Councilman Brisky that they should not vote on the matter because they did not hear the tes- timony at the hearing on December 21, 1976. �/1.1 Moved by Councilman Langsdorf and seconded by Councilman Bertrand to adopt the findings of fact and the conclusions drawn by the City At- torney and that no action be taken. By roll call and voting aye: Langsdorf, Bertrand, Rosenthal; voting no: Meintsma; absent, not voting: Rygg. Motion Carried. The City Clerk was instructed to place the Findings and Conclusions and Order in the record of the proceedings. The City Manager presented for consideration by the Council the appli- cation for an on -sale liquor license from Phillip Eder for the Rusty Nail. Moved by Councilman Bertrand and seconded by Councilman Brisky to grant an on -sale liquor license to Phillip Eder dba the Rusty Nail, 5630 Lakeland Avenue North, effective at 12:01 A.M., January 5, 1977, and simultaneously to cancel the existing on -sale liquor license of Virgil Miller, Jr., for the Rusty Nail. Motion Carried. The City Manager presented for consideration by the Council fund trans- fers for various departments. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-1 RESOLUTION TRANSFERRING FUNDS .�� BE IT HEREBY RESOLVED that the City Treasurer be authorized and directed to make the following transfers: 6I FROM Emergency Allowance Emergency Allowance Emergency Allowance Emergency Allowance Emergency Allowance Office Supplies --Adm. Fire -Repair & Maint. Fire -Cap. Outlay Street -Repair & Maintenance Park -Supplies 4 JANUARY 1977 TO &MOUNT Insurance $11,530 Salaries -Election 1,300 Street Dept. -Curb & Gutter Repair 1,500 62nd & Lombardy 4,480 Assessor -Vehicle Repair 200 Adm. Printing 700 Fire -Gas 400 Fire -Salaries i,130 Street -Utilities 750 Park -Utilities 900 27 By roll call and voting aye: Langsdorf, Bertrand, Rrisky, Meintsma, Rosenthal., Aaker; absent, not voting: Rycg. Motion carried, resolu- tion declared adopted. ATTEST: City Clerk The City Manager presented for consideration by the Council a request by -the Chairman of the Environmental Commission, Arthur Wilson., to discuss a tree distribution program for 1977. Mr. Wilson discussed the tentative proposals of the Commission and asked for suggestions anal comr:�ents. He indicated that the Commission would present a .formal proposal to the Council at a later meeting. The City Manager presented for consideration by the Council a resolu- tion concerning the purchase of bonds by the bond reserve sinking fund. Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-2 RESOLUTION DIRECTING THE ISSUANCE AND SALE OF TEMPORARY IMPROVEMENT BONDS AND THE PURCHASE OF SUCH TEMPOZARY �C;t IMPROVEMENT BONDS BY THE BOND RESERVE SINKING FUND. BE IT RESOLVED by the City Council of the City of Crystal, Henne- pin County, Minnesota, as follows: Z' k, 4 JANUARY 1977 1. As authorized by Council resolutions previously adopted, contracts have been entered into for the construction of Improvement #56 pursu- ant to Minnesota Statutes, Section 429.011 to 429.111, and said improve- ment mprove ment has been completed or is in the process of being completed, and at least 200 of the cost thereof will be or has been assessed against benefited properties. 2. The total estimated cost of Improvement No. 56 has been estimated at $70,000.00. It is now estimated that the sum of $70,000.00 is cur- rently needed for said improvement and it is necessary to borrow said amount for the payment of obligations now incurred and for expenses necessarily incurred in connection with the construction of said pro- ject. There is hereby created Improvement No. 56 Construction Fund into which shall be all proceeds of temporary bonds issued pursuant to this resolution and similar subsequent resolutions, and out of which shall be paid all amounts due and payable as costs or expenses incident to or incurred in connection with the making of said improvement. There is also hereby created an Improvement No. 56 Sinking Fund Account into which account shall be paid the proceeds of all special assessments levied against benefited property by reason of the making of said im- provement and out of which shall be paid principal and interest on all temporary improvement bonds issued to finance said project. 3. It is hereby determined that the sum of $70,000.00 shall be borrowed to finance said Improvement No. 56 by the issuance of Temporary Improve- ment Bonds of the City as authorized in Minnesota Statutes, Section 429.091, Subdivision 3. Said bonds shall be payable from the Improve- ment No. 56 Sinking Fund; but the City further recognizes its statutory duty, as provided by Section 429.091, and covenants and agrees with the purchaser and all holders from time to time, of said temporary improvement bonds, at or prior to the maturity thereof it will pay and retire such bonds and the interest thereon out of the proceeds of de- finitive improvement bonds which the Council shall issue and sell at or prior to the maturity of the temporary improvement bonds, to the extent that the same cannot be paid out of funds available in the Im- provement No. 56 Sinking Fund or out of other municipal funds which are properly available and are appropriated by the Council for such purposes. 4. It is hereby determined to levy special assessments against bene- fited property by reason of the making of Improvement No. 56, and ad valorem taxes, if necessary, to produce sums at least 5% in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls subsequent to the time when said Improvement No. 56 has been completed and the total cost thereof has been determined. 5. Said temporary improvement bonds in the amount of $70,000.00 shall be dated 1 July, 1976; shall be 14 in number and numbered from 1 to 14, inclusive, each in the denomination of $5,000.00, shall bear in- , terest at the rate of 5.50% per annum, and shall mature on 1 July, 6�, 4 JANUARY 1977 1979, shall be subject to redemption and prepayment at any time at par and accrued interest. Not less than 30 days before the date spec- ified for redemption of said bonds, the City Treasurer shall mail no- tice of the call thereof to the holder, if known, and the Treasurer shall maintain a record of the names and addresses of said bonds inso- far as such information is made available to him by the holders thereof, for the purpose of nailing said notices. The principal of and interest on said bonds shall be payable at the Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota, 55422. 6. Said temporary improvement bonds shall be mimeographed in substan- tially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CRYSTAL C TEMPORARY IMPROVEMENT BONDS, SERIES �119ELVE No. $5,000.00 KNOW ALL MEN BY THESE PRESENTS that the City of Crystal, a duly '—' organized municipal corporation of Hennepin County, Minnesota, ac- knowledges itself to be indebted and for value received, promises to pay to bearer the sum of Five Thousand Dollars on the first day of July, 1979, or on a date prior thereto on which this bona has been duly called for redemption, and to pay interest thereon from, the date hereof until paid or until this bond has been duly called for redemption at the rate of 5.50 percent (%) per annum. Both principal and interest are payable at the City Hall, City of Crystal, 4141 Douglas give, Crystal, Minnesota, 55422, in any currency or coin o' the United States of America which on the respective dates of payment is public tender for private and -ublic debts. For the prompt and full payment of such principal and interest as the same become due the full faith, credit and taxing powers of the City are hereby irrevocably pledged. This bond is one of a series in the aggregate principal amount of S70,U00.00, all of like date and tenor except as to serial number, all issued by said City for the purpose of defraying expenses incurred and to be incurred in the construction of improvement designated as Improvement No. 56, by the City of Crystal, and is issued pursuant to and in full conformity with resolutions duly adopted by the City Council after hearings as required by law and pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota -thereunto enabling, including Minnesota Statutes, Section 429.091, Subdivision 3. This bond is payable primarily from the Improvement No. 56 Sinking Fund of. the City but the Council is required to pay the principal and interest thereon out of any funds in the treasury in to event that the monies on hand in said fund are at anv time in- sufficient to meet the payment of maturing principal and interest, and is further required at or prior to the maturity of this bond, to 76 4 JANUARY 1977 provide for the payment and retirement thereof by the issuance of de- finitive bonds, to the extent, if any, that the assessments and taxes or other municipal funds theretofor collected and received in said '- Sinking Fund may be insufficient for such purpose. This bond is subject to redemption and pre -payment at the option of the City on any interest payment date, at a price of par and accrued interest, upon notice of call for redemption mailed not less than 30 days prior to the date specified for such redemption, to the holder, if known. Bond holders desiring to receive such notice may have their names and addresses and the serial numbers of their bonds recorded by the City Treasurer. IT IS HEREBY CERTIFIED RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be per- formed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said City according to its terms have been done, do exist, have happened and have been performed as so required; that the City has duly determined the neces- sity of and provided for the construction of said improvement; that the Improvement No. 56 Sinking Fund Account has been duly created and provision has been made for the support thereof by ad valorem taxes and special assessments to be levied, at or prior to the time of issu- ance of said definitive bonds, for the years and in aggregate amount not less than 5 percent (o) in excess of sums sufficient to pay the principal and interest on all bonds payable from said fund as such principal and interest become due, and additional taxes, if needed for said purpose, may be levied upon all taxable property in the City, without limitation as to rate or amount; that the holder hereof shall have and may enforce by appropriate proceedings all duties imposed by said Section 429.091 upon the City and its officers with reference to the levy and collection of said assessments and taxes and the issuance of said definitive bonds; and that the issuance of this bond did not cause the indebtedness of said City to exceed any constitutional or statutory limitation thereon. IN WITNESS THEREOF the City of Crystal, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by the signature of its Mayor and City Manager and sealed with its of- ficial seal, and has caused this bond to be dated as of July 1, 1976. ( SEAL) /s/ Mayor, City of Crystal, Minnesota /s/ Manager, City of Crystal, Minnesota 6. Said bonds shall be prepared under the direction of the City Man- ager and shall be executed on behalf of the City by the signatures of the Mayor and City Manager, and the corporate seal of the City shall 4 JANUARY 1977 be affixed thereto. When said bonds have been executed and authenti- cated, they shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon and said purchaser shall not be obliged to see to the application thereof. 7. The City Clerk is hereby authorized and directed to file a certi- fied copy of this resolution with the Finance Officer of Hennepin County, together with such other information as he shall require and to obtain from said Finance Officer of Hennepin County a certificate that said bonds have been entered on his bond register. 8. The officers of the City and the Finance Officer of Hennepin County are hereby authorized and directed to prepare and furnish to the pur- chaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial affairs of said City, and such other affidavits, certificates and information as may be required, to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and such certificates, cer- tified copies and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained thereon. '� q 9. It is hereby determined that there is at the present time an amount in excess of $70,000.00 in the Bond Reserve Sinking Fund which will not be required for other purposes prior to 1 July, 1979. 10. It is hereby determined to purchase the aforementioned $70,000.00 temporary improvement bonds, Series 12, upon their initial issuance in accordance with the provisions of Minnesota Statutes, Section 471.56 and 475.66, out of funds in the Improvement Bonds of Reserve Sinking Fund and on behalf of said fund, at par and accrued interest as of the date of delivery of said bonds and completion of such sale, it being further determined to be reasonable and advantageous to the Bond Reserve Sinking Fund to invest in said temporary improvement bonds, Series 12, and it being further determined to be reasonable and advan- tageous to the City to sell said temporary improvement bonds, Series 12, in accordance with the provisions of this resolution. 11. The City Manager, Mayor and Treasurer are hereby authorized and directed to take any and all steps necessary to affect the provisions of the foregoing resolutions and to make such transfers of funds as may be necessary from time to time, to give effect to the provisions thereof. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. � % I ATTEST: ��rimrG�vw- City Clerk �z 4 JANUARY 1977 The City Manager presented for consideration by the Council a license refund for a self-service coin-operated dry cleaning establishment in the amount of $43 to Gold Eagle Wash. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to refund the license fee of $43 for a self-service coin operated dry cleaning establishment to Gold Eagle Wash. Motion Carried. The City Engineer reported the response he had received to the Council's inquiry on reducing alley speeds. �\ Discussion was held as to the cost of installing signs in all alleys and it was the consensus of the Council to include the sign project in the Community Development Year III projects for discussion. Moved by Councilman Bertrand and seconded by Councilman Aaker to ap- prove the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: City Clerk 73 18 JANUARY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on January 18, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Peter Her- lofsky, Assistant City Manager; Delores Ahmann, City Clerk; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of January 4, 1977 were approved. Councilman Loel Bertrand presented to the Council awards from partici- pation in a National Bicentennial Voter Registration Drive. Mr. Ber- trand explained the awards and presented them to the Mayor. The City Manager presented for consideration by the Council a petition from residents for a four-way stop at the intersection of Wilshire Boulevard and Xenia Avenue. The following person appeared and was heard: David Biorn, 5422 Xenia Avenue North. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to install a four-way stop sign at the intersection of Wilshire Boulevard and Xenia Avenue North. Motion Carried. The City Manager presented for consideration by the Council a petition from Crystal and Robbinsdale residents for a stop sign for westbound traffic on 47th Avenue at Quail. Moved by Councilman Langsdorf and seconded by Councilman Rygg to install a stop sign on 47th Avenue at Quail to stop the westbound traffic. Motion Carried. The City Manager informed the Council that neither signs will be installed until after the strike. The City Manager presented for consideration by the Council final ap- proval of the Rockford Road Addition. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt -the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-3 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organi- zed and existing under the laws of the State of Minnesota, and 11� 18 JANUARY 1977 WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Rockford Road Addition, as submitted by Robert \ Dokken of Northwestern Bell Telephone Company, U NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled ROCKFORD ROAD ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Langsdorf, Brisky, Meintsma, Rosenthal, Aaker; abstained: Rygg, Bertrand. Motion carried, resolution declared adopted. --� QtkJ Mayor ATTEST: City Clerk The City Manager presented for consideration by the Council a review of the denial of an exception to the recreational vehicle ordinance, 1 as requested by Jane and Jack Buxell, 3148 Welcome Avenue North. The Council discussed the matter and there being no motion, the Mayor declared that the denial of the exception is affirmed. The City Manager presented for consideration by the Council a request from the Human Rights and Behavior Commission to discuss the changing of the Commission's name. Moved by Councilman Bertrand and seconded by Councilman Rygg to adopt the following ordinance: ORDINANCE NO. 77-1 AN ORDINANCE CHANGING THE NAME OF THE HUMAN RIGHTS AND BEHAVIOR COMMISSION TO THE HUMAN RELATIONS COMMISSION; AMENDING A SECTION OF THE CRYSTAL CITY CODE and further, that the second and final reading be held on February 1, 1977. Motion Carried. The City Manager presented for consideration by the Council the recom- mendation of the Planning Commission to hire a planning consultant to review the Boisclair Corporation family housing project. 18 JANUARY 1377 Moved by Councilman Aaker and seconded.by Councilman Brisky to author- ize the City Manager to hire a planning consultant to review the Bois- 7 Clair Corporation family housing project, as recommended by the Plan- ning Commission. Motion Carried. The City Manager presented for consideration by the Council the Plan- ning Commission recommendation regarding curb cuts for commercial pro- perty. The Council reviewed the discussion by the Planning Commission and no action was taken to change Council policy. The City Manager presented for consideration by the Council a request by the Park and Recreation Advisory Commission to discuss cuideli_nes for establishing names of parks. Mary Frances Ring of the Park and Recreation Advisory Commission appeared and explained the guidelines. David E. Sunders also appeared concern- ing the renaming of Welcome Park. Moved by Councilman Rygg and seconded by Councilman Brisky to adopt the guidelines for renaming and naming parks, as submitted by the Park and Recreation Advisory Commission, with appropriate word changes to reflect the change to Council policy. vl Moved by Councilman Rosenthal and seconded by Councilman Brisky to amend the motion by striking the last paragraph. Amendment Carried. On the amended motion: Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to direct the City staff to review the guidelines with the purpose of using them for naming and renaming all City facilities. Motion Carried. The City Manager presented for consideration by the Council a resolu- tion approving City participation in the Hennepin County Criminal Jus- tice System. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-4 JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL WHEREAS, the parties to this joint resolution recognize the need for criminal justice system planning and coordination on a countywide basis; and 7 18 JANUARY 1977 WHEREAS, it is the sense of the parties hereto that the effective- ness of such planning and coordination on a countywide basis would best _ be served by the establishment of a criminal justice coordinating coun- cil consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforce- ment and criminal justice, encouraging research and development activ- ities directed toward the improvement of law enforcement and criminal justice and assisting in the development of new methods for the preven- tion and reduction of crime and juvenile delinquency; and WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in �v major.urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal Justice Coordinating Council be established in accordance with the provisions as set forth in the accompanying operational bylaws and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto; BE IT FURTHER RESOLVED that the City of Crystal agrees to partic- ipate as a member of the Hennepin County Criminal Justice Coordinating Council. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsmet Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk Ma The City Manager presented for consideration by the Council applications for appointment to the Northwest Hennepin Human Services Council. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to reappoint Yleen Joselyn and Shirley Underwood as the City of Crystal's representatives on the Northwest Hennepin Human Services Council. Motion Carried. The City Manager presented for consideration by the Council a change in the by-laws of the Crystal Firemen's Relief Association. Moved by Councilman Rosenthal and seconded by Councilman Rygg to approve the change in by-laws, as submitted by the Crystal Firemen's Relief Association. Motion Carried. '/ 7 18 JANUARY 1977 The City Manager presented for consideration by the Council a resolu- tion authorizing the City to apply for Community Development Block Grant funds for Year III. Moved by Councilman Bertrand and seconded by Councilman Rosenthal that the application for Community Development Funds Year III include $40,000 for a semaphore at 56th and Regent. By roll call and voting aye: Rygg, Bertrand, Brisky, Rosenthal, Meintsma; voting no: Langsdorf, Aaker. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Brisky that the money allocated for park improvements ($98,500) be used for the development of Becker Park. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Brisky that up to $20,000 of the money set aside for Becker Park be allocated for planning. Motion Carried. Moved by Councilman Largsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-5 RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF CRYSTAL'S GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. WHEREAS, the City of Crystal has executed a joint powers agreement with Hennepin County thereby agreeing to participate in a Grant Appli- cation under the Urban County designation provided for in the Housing and Community Development Act of 1974, and WHEREAS, a grant application has been prepared requesting funds to undertake a community development program, including appropriate citizen participation, goal establishment and implementation plans and procedures, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal does hereby adopt the proposed Community Development Plan and Program and Housing Assistance Plan contained in the attached ap- plication for Federal assistance and authorizes submission of said application to Hennepin County as the Urban County Community Develop- ment Block Grant applicant. r/� 18 JANUARY 1977 By roll call and voting aye: Langsdorf, Rygg, Bertrand, Brisky, Rosen- thal, Meintsma, Aaker. Motion carried, resolution declared adopted. _ ATTEST: City Clerk The City Manager presented for consideration by the Council, the First Reading of an ordinance requiring building numbers. Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-,Z. AN ORDINANCE RELATING TO PUBLIC SAFETY; RE- QUIRING THE NUMBERING OF HOUSES AND BUILDINGS WITHIN THE CITY and further, that the second and final reading be held February 1, 1977. Motion Carried. The City Manager presented for consideration by the Council the First Reading of an ordinance concerning handicapped parking on private pro- .... perty. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77-3 AN ORDINANCE RELATING TO PARKING OF MOTOR VEHICLES BY THE PHYSICALLY HANDICAPPED: ADD- ING A NEW SUBSECTION TO THE CITY CODE and further, that the second and final reading be held February 1, 1977. Motion Carried. The City Manager presented for consideration by the Council an appoint- ment to the Housing and Redevelopment Authority. 1 Mayor Meintsma recommended the appointment of Walter Buchholz to the HRA. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to appoint Walter Buchholz to the Crystal Housing and Redevelopment Authority for a term of five years to begin upon the completion of the term of Ella Magstadt. Motion Carried. 7� 18 JANUARY 1977 Moved by Councilman Bertrand and seconded by Councilman Rosenthal to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: City Clerk w Ji Mayor 0 25 JANUARY 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on January 25, 1977, at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Sec- retary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; and Peter Herlofsky, Assistant City Manager. The City Manager presented for consideration by the Council the pro- posed settlement with Local 49 of the Operating Engineers representing street, park maintenance and water and sewer personnel. After much discussion regarding the proposal, the following action was taken: Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-6 RESOLUTION RATIFYING THE SETTLEMENT WITH LOCAL 49 OF THE OPERATING ENGINEERS REPRESENTING THE STREET MAINTENANCE, PARK MAINTENANCE AND WATER AND SEWER PERSONNEL OF THE CITY OF CRYSTAL; AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AGREEMENT WITH LOCAL 49 AND AUTHORIZING THE CITY MANAGER TO CALL EMPLOYEES BACK TO WORK WHEREAS, the City of Crystal through the Metropolitan Area Manage- ment Association has been negotiating with Local 49 for the purpose of agreeing to working conditions, and WHEREAS, an agreement has been reached for the years 1977 and 1978, and WHEREAS, the Management Association recommends ratification of the agreement, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal ratifies the conditions as follows: 1977 1977 40� per hour across the board Up to $60 per month towards (to be effective on return to health, hospitalization and work) life insurance (to be effective February 1, 1977) MV y 40C per hour across the board (to be effective January 1, 1978) 1978 Insurance will remain at up to $60 per month towards health, hospitalization and life insurance 25 JANUARY 1977 Effective January 1, 1977 all new employees will start at 90% of the contract rate for the first year, then go to 95% of the contract rate for the second year, and further, to 100% at the beginning of the third year. This is not involved in promotions. AND FURTHER, BE IT RESOLVED that the Mayor and City Manager be authorized to sign said agreement; AND FURTHER, BE IT RESOLVED that the City Council authorizes the City Manager to call the employees back to work. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. M-Vro A s'istant City ana r r; The City vManager recommended to the Council that non -organized employees be granted a similar health, hospitalization and life insurance package as was approved for organized employees. After discussion concerning the recommendation by the Manager, the following action was taken: Moved by Councilman Bertrand and seconded by Councilman Rosenthal to increase the contribution towards health, hospitalization and life insurance for non -organized employees to a sum of up to $60 per month, effective February 1, 1977, and transfer sufficient funds from the salary contingency allowance to the insurance fund to accomplish this purpose. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to discuss energy conservation measures. Motion Carried. Discussion took place concerning various alternatives, such as, a four- day work week, reduce lighting around City Hall, lowering thermostat settings in all City buildings, etc., and cancelling meetings, other than Council and Planning Commission, throughout the month of February. Moved by Councilman Bertrand and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. M ATTEST: 7 L As istant City na 1 FEBRUARY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on February 1, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Brisky, Meintsma, Rosenthal, Aaker; the following were ab- sent: Bertrand; also present were the following staff members: Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; John Olson, 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 meeting of January 18, 1977 and the Special meeting of January 25, 1977 were approved. The Assistant City Manager presented for consideration by the Council two requests for variances to the sign ordinance by Lawrence Signs, Inc., for a sign at the Paddock, 5540 Lakeland Avenue North. Mr. Milt Anderson of Lawrence Signs, Inc., appeared. Moved by Councilman Rosenthal and seconded by Councilman Brisky that pursuant to Chapter 406, Section 30, of the Crystal City Code to vary or modify the strict application of Section 406.17, Subd. 2(c) to grant a change in the required 30' setback to 216". Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Brisky that _ pursuant to Chapter 406, Section 30, of the Crystal City Code to vary or modify the strict application of Section 406.17, Subd. 2(e) to change the setback requirements of 50' from an R-4 District to 25' from an R-4 District for the Paddock, 5540 Lakeland Avenue North. Motion Carried. The Assistant City Manager presented for consideration by the Council an application for appointment to the Environmental Commission from Beth Gabbert. T Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the appointment of Beth Gabbert to the Environmental Commission for a term ending December 31, 1977. Motion Carried. The Assistant City Manager presented for consideration by the Council an application for appointment to the Environmental Commission from Jodi Tostenson. Moved by Councilman Rygg and seconded by Councilman Rosenthal to ap- prove the appointment of Jodi Tostenson.to the Environmental Commission for a term ending December 31, 1977. Motion Carried. The Mayor indicated to the Council he was still reviewing possible '� candidates for the Civil Service Commission. 1 FEBRUARY 1977 Discussion followed on the need for the Civil Service Coiiunission with the following motion being made: Moved by Councilman Langsdorf and seconded by Councilman Rygg to re- quest the Crystal Civil Service Commission to discuss the role of and the need for a Civil Service Commission and make a recommendation to the Council. Motion Carried. The Assistant City Manager presented for consideration by the Council, the Second Reading of an ordinance relating to the name change of the Human Rights and Behavior Commission. Moved by Councilman Rygg and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77-1 AN ORDINANCE RELATING TO ADVISORY COM1IISSIONS, RENAMING A CERTAIN COMMISSION, AMENDING CRYSTAL CITY CODE, SUBSECTION 305.45, SUBDIVISION 2 AND SUBSECTION 306.65, SUBDIVISION 1; REPEALING SUB- SECTION 305.47, SUBDIVISION 3 and further, that this be the second and final reading. Motion Carried. Mrs. F. M. Carroll, 4700 Quail Avenue North, presented for considera- tion by the Council a petition requesting that the stop sign recently installed on 47th Avenue North at Quail be removed. Discussion fol- lowed with the following motion made: ((� Moved by Councilman Brisky and seconded by Councilman Langsdorf to remove the stop sign on the north side of 47tH. Avenue North at Quail. Motion Carried. The Assistant City Manager presented for consideration by the Council the Second Reading of an ordinance requiring house numbers. Moved by Councilman Langsdorf and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-2 AN ORDINANCE RELATING TO PUBLIC SAFETY; REQUIR- ING THE NUMBERING OF HOUSES AND BUILDINGS WITHIN 1 THE CITY and further, that this be the second and final reading. .•. Motion Carried. The Assistant City Manager presented for consideration by the Council the Second Reading of an ordinance relating to enforcement of handi- capped parking regulations. 1 FEBRUARY 1977 Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt' the following ordinance: ORDINANCE NO. 77-3 (� AN ORDINANCE RELATING TO PARKING OF MOTOR VEHICLES BY THE PHYSICALLY HANDICAPPED: ADDING A NEW SUB- SECTION TO THE CITY CODE and further, that this be the second and final reading. Motion Carried. The City Attorney presented for consideration by the Council the First Reading of an ordinance revising the sign ordinance to bring it into conformance with the zoning ordinance. Moved by Councilman Rosenthal and seconded by Councilman Rygg to adopt the following ordinance: ORDINANCE NO. 77-+ AN ORDINANCE RELATING TO SIGNS AND ZONING DISTRICT CLASSIFICATIONS: AMENDING SECTION 406 OF THE CITY CODE BY ADDING A SUBSECTION and further, that the second and final reading be held February 15, 1977. Motion Carried. The Assistant City Manager presented for consideration by the Council the extension of the CETA contract with Hennepin County from December 1, 1976, to September 30, 1977. Moved by Councilman Rygg and seconded by Councilman Aaker to enter into agreement with Hennepin County for the extension of the Compre- hensive Employment and Training Act Program from December 1, 1976, to September 30, 1977, and to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The Assistant City Manager presented for consideration by the Council the refund of a fee for a sign variance which was not required for a sign at 6519 - 56th Avenue North. 1� Moved by Councilman Langsdorf and seconded by Councilman Brisky to authorize refunding a fee of $65 to Craig, Inc., which was paid for a variance which was not required for a sign at 6519 - 56th Avenue North. Motion Carried. The Assistant City Manager presented for consideration by the Council the refund of a license fee for a music box to Happy Joe's. Moved by Councilman Rygg and seconded by Councilman Rosenthal to au- thorize the refunding of a fee of $18 for a music box to Happy Joe's because of duplicate submission of the fee. Motion Carried. 1 FEBRUARY 1977 Councilman Langsdorf requested that the City Council review the plans made to date on Bass Lake Road between West Broadway and Highway 52 \ at a future Council meeting and then set a public hearing on the matter. No date was set for the review of plans. The Assistant City Manager asked if any further information was desired regarding energy conservation other than what was outlined in the City Manager's report of January 28, 1977. Discussion followed with the following motion being made: Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-7 RESOLUTION REGARDING THE USE OF ENERGY AT THE HENNEPIN COUNTY ROCKFORD ROAD LIBRARY AND OTHER COUNTY BUILDINGS WHEREAS, the State of Minnesota has experienced a severe winter which has strained all the available energy sources; and WHEREAS, Governor Rudy Perpich has requested all property owners, industries and government entities to turn down thermostats and to conserve energy in as many ways as possible; and WHEREAS, the City of Crystal has complied with 'these requests and has, in particular, cut down on or eliminated all unnecessary indoor and outdoor lighting to conserve energy; and WHEREAS, the Rockford Road branch of the Hennepin County Library is located adjacent to the Crystal City Hall and continues to keep all outside and indoor lighting on despite the requests to conserve energy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal requests that the Hennepin County Board comply with the requests to conserve energy and eliminate as much lighting as possible at the Rockford Road branch of the library system and all other buildings under Hennepin County control, AND BE IT FURTHER RESOLVED that the City Manager be requested to send a copy of this resolution to the Chairman of the Hennepin County Board. By roll call and voting aye: Rygg, Langsdorf, Brisky, Meintsma, Ro- senthal, Aaker; absent, not voting: Bertrand. Motion carried, reso- lution declared adopted. C '.. 6 R) hA ATTEST: M o City Clerk 1 FEBRUARY 1977 Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Rygg to ad- journ the meeting. Motion Carried. ATTEST: i� �'- . /�/!;%, �� r .�,-rte. r..✓ City Clerk �� 15 FEBRUARY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on February 15, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; Wil- liam Sherburne, City Engineer; Delores Ahmann, City Clerk; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of February 1, 1977 were approved. The City Manager presented for consideration by the Council a petition for a stop sign regulating westbound traffic on 47th Avenue North at Quail. The following persons appeared and were heard: Dick Krueger, 4544 Quail Jerry Waste, 4801 Perry David Dean, 4729 Perry Merle Olson, 4543 Perry Audrey Erdmann, 4705 Quail Nancy Olson, 4543 Perry Mrs. F. M. Carroll, 4700 Quail Susan Krueger, 4544 Quail Jean Sicora, 4716 Orchard Lucille Pomerleau, 4544 Perry Moved by Councilman Brisky and seconded by Councilman Bertrand to re- install a stop sign on the northeast corner of 47th Avenue North and Quail Avenue to stop westbound traffic on 47th Avenue. By roll call and voting aye: Bertrand, Brisky; voting no: Rygg, Langs- dorf, Aaker, Rosenthal, Meintsma.. Motion Defeated. The City Manager presented for consideration by the Council the appli- cation for appointment to the Environmental Commission of William F. Garber. I I'l- Moved by Councilman Aaker and seconded by Councilman Rygg to approve the appointment of William F. Garber to the Environmental Commission for a term ending December 31, 1979. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for appointment to the Human Relations Commission of Paul Thor- son. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to approve the appointment of Paul Thorson to the Human Relations Commis- sion for a term ending December 31, 1977. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for appointment to the Environmental Commission of Lloyd A. `1 Buelow. 15 FEBRUARY 1977 Moved by Councilman Rosenthal and seconded by Councilman Rygg to approvE the appointment of Lloyd A. Buelow to the Environmental Commission for a term ending December 31, 1979. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for appointment to the Park and Recreation Advisory Commission of Chris Nygard. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove the application of Chris Nygard to the Park and Recreation Ad- visory Commission for a term ending December 31, 1977. Motion Carried. The City Manager presented for consideration by the Council the request from Delbert Jensen for review of the denial of an exception to the recreational vehicle ordinance at 6428 - 41st Avenue North. Mr. Jensen appeared. After discussion on alternative areas for storing the vehicle the fol- lowing motion was made: Moved by Councilman Langsdorf and seconded by Councilman Bertrand to uphold the City Manager's denial of the request for an exception to the recreational vehicle ordinance at 6428 - 41st Avenue North. Motion Carried. The City Engineer presented for consideration by the Council the re- _ quest by the Boisclair Corporation for rezoning of a part of Lot 10, Robbinsdale Gardens from I-2 (heavy industrial) to R-4 (high density residential) and a conditional use permit for a planned unit develop- ment. The Planning Commission has recommended denial. Moved by Councilman Langsdorf and seconded by Councilman Aaker to table consideration of the rezoning and conditional use requests of the Bois- clair Corporation until March 1. Motion Carried. The City Manager presented for consideration by the Council revisions to the Year III Community Development Block Grant application. Sheldon Thorkelson and Ron Chagnon of the Park and Recreation Advisory Commis- sion appeared and were heard. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to allocate $40,000 of the additional funds for Year III Community Development for a semaphore at 32nd and Winnetka and $44,000 for im- provements at Becker Park. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: r 15 FEBRUARY 1977 RESOLUTION NO. 77•-8 RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF CRYSTALS REVISED GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COhU4UNITY DEVELOPMENT ACT OF 1974. WHEREAS, the City of Crystal has executed a Joint powers agreeitent with Hennepin County thereby agreeing to participate in a Grant Appli- cation under the Urban County designation provided for in the Housing c� and Community Development Act of 1974, and WHEREAS, a revised grant application has been prepared request- ing funds to undertake a community development program, including ap- propriate citizen participation, goal establishment and implementation plans and procedures, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of. Crystal does hereby adopt the proposed Community Development Plan and Program and Housing Assistance Plan contained in the attached ap- plication for Federal assistance and authorizes submission of said application to Hennepin County as the Urban County Community Develop- ment Block Grant applicant. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Meintsma, Aaker. Motion carried, resolution declared adopted. =�,� ' aL _�, /' � �,__L.�l ,jam ,,, �•� `' - Mayor ATTEST: �-t�� .. Lv�lt.Cliyyy✓ City Clerk The City Manager presented for consideration by the Council a request for a variance of lot width requirements on Lots 5, 6, and 7, Block 1, Morningside Estates 5th Addition. Moved by Councilman Rosenthal and seconded by Councilman Rygg to set 7:00 P.M., March 15, 1977, 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 the request for a variance to Section 515.15, Subd. 2(a-2) on Lots 5, 6, and 7, Block 1, Morningside Estates 5th Addition. Motion Carried. I The City Engineer presented for consideration by the Council a request by Village Builders for rezoning Lots 5, 6, and 7, Block 1, Morningside Estates 5th Addition, from R-3 (medium density residential) to R-2 (single and two-family residential). The Planning Commission has recom- mended approval. 15 FEBRUARY 1977 ORDINANCE NO. 77- 5 lu AN ORDINANCE REZONING CERTAIN PARCELS OF LAND WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held March 1, 1977. By roll call and voting aye: Rygg, Langsdorf, Brisky, Aaker, Meintsma; voting no: Bertrand, Rosenthal. Motion Carried. The City Manager presented for consideration by the Council a request for a variance of parking requirements at 6406 Bass Lake Road. Moved by Councilman Bertrand and seconded by Councilman Aaker to set 7:00 P.M., March 15, 1977, 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 the request for a variance to Section 515.09, Subd. 8-g, at 6406 Bass Lake Road. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for tentative approval of the Sunnybrook Acres 4th Addition. Moved by Councilman Langsdorf and seconded by Councilman Rygg to set 7:00 P.M., March 1, 1977, as the time and date for a public hearing on the proposed Sunnybrook Acres 4th Addition. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for tentative approval of Twin Lake West, located at 4700 County Road 10. Moved by Councilman Rygg and seconded by Councilman Aaker to set 7:00 P.M., March 15, 1977, as the time and date for a public hearing on the proposed Twin Lake West. Motion Carried. The City Attorney presented for consideration by the Council the Second Reading of an ordinance relating to zoning district classifications. Moved by Councilman Rosenthal and seconded by Councilman Rygg to adopt the following ordinance: H ORDINANCE NO. 77-4 AN ORDINANCE RELATING TO ZONING DISTRICT CLASSIFICATIONS: AMENDING SECTION 105 OF THE CITY CODE BY ADDING A SUBSECTION and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council the setting / of a public hearing for tentative approval of Donna's Addition, located l in the vicinity of 32nd and Hampshire Avenue North. -- 15 FEBRUARY 1977 Moved by Councilman Bertrand and seconded by Councilman Rosenthal to set 7:OO P.M., March 1, 1977 as the time and date for a public hear- ing on the proposed Donna's Addition. Motion Carried. Councilman Rygg requested discussion on the Bassett Creek Flood Control Commission meeting scheduled for February 17, 1977. He briefly out-- lined what was to be discussed at the Flood Control Commission meeting but asked that this matter be discussed more fully after the February 17 Commission meeting. The City Engineer presented for consideration by the Council a report on Bass Lake Road plans between Hampshire and Highway 52. I After discussion, it was the consensus of the Council that the City staff be directed to contact the Hennepin County Highway Department informing them of the City Council's interest in finishing the improve- ment of Bass Lake Road from West Broadway to Highway 52. The City Manager presented for consideration by the Council a request from the City Assessor to set a date for the Board of Equalization. i Moved by Councilman Bertrand and seconded by Councilman Brisky to set 7:00 P.M., June 7, 1977, as the time and date for the meeting of the Board of Equalization. Motion Carried. The City Manager presented for consideration by the Council a proposal for financing the 911 emergency telephone system. Moved by Councilman Bertrand and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-9 RESOLUTION RELATING TO THE ENDORSEMENT OF STATE FINANCING FOR CERTAIN FEATURES OF 911 EMERGENCY TELEPHONE SYSTEMS WHEREAS, the 911 emergency telephone system has been under study C in the State of Minnesota for several years; and f� WHEREAS, planning of a 911 emergency telephone system for the entire seven -county metropolitan area has recently been accomplished; and WHEREAS, a Metropolitan Inter -County Ad Hoc Committee on 911 fi- nancing has prepared a proposal for the financing of 911 telephone systems on a State-wide basis; and. WHEREAS, the Hennepin Emergency Communication Organization (HECO), .�, which has been developed to coordinate emergency communication planning, has demonstrated support for this plan by unanimously adopting it and encouraging all units of government in Hennepin County to endorse these same recommendations; and 15 FEBRUARY 1977 WHEREAS, legislation mandating the adoption of 911 on a State-wide basis has been introduced into the last two sessions of the Minnesota Legislature; and WHEREAS, it is anticipated that this issue will again be under consideration in the present session of the Minnesota Legislature; and WHEREAS, it is anticipated that capital costs for the equipment necessary to implement the 911 system will be financed with federal and/or state grants; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal endorses the "Statement of Policy: 911 Telephone System Financing" recommendation which encourages the Minnesota State Legis- lature to look on the telephone company gross earnings tax as a source of revenue for the recurring costs of a basic 911 system. BE IT FURTHER RESOLVED that the City of Crystal supports the other recommendations in the report; and BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the legislative representatives of the City of Crystal in the Min- nesota State Legislature, to the 911 Coordinator of the Metropolitan Council, and to Sheriff Donald Omodt, President of the Hennepin Emer- gency Communication Organization. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. CLI Ma _ ATTEST: City Clerk The City Manager brought to the attention of the Council the Congressional - City Conference in Washington, D. C., on March 6, 7, and 8. After dis- cussion, the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Rygg to appoint Mayor Peter Meintsma as the City of Crystal's delegate to the Congress- ional -City Conference to be held in Washington, D. C., on March 6, 7, and 8, 1977. Motion Carried. Discussion was held on a legislative bill proposed by State Senator Robert Benedict which would prohibit assessing improvements made on .� homesteaded property. The Council took no action in support or oppo- sition to the bill. r3 15 FEBRUARY 1977 Mayor Meintsma presented for discussion by the Council a request from the Crystal-Robbinsdale Optimists Club to use a building at 5345 Lake- land Avenue for a garage sale March 23 through March 27. After discus- sion on use of the industrial building, the following motion was made: Moved by Councilman Bertrand and seconded'by Councilman Langsdorf to set 7:00 P.M., March 15, 1977, 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 the request for a variance to Section 515.41, Subd. 2, at 5345 Lakeland Avenue North.' Motion Carried. Mayor Meintsma discussed with the Council the progress of plans and specifications for 32nd Avenue from Louisiana to Nevada and the Mary- land Avenue cul-de-sac. After discussion as to the length of time needed by the Engineering Department to complete the plans and speci- fications, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Aaker to au- thorize the City Manager to hire a consulting engineer to prepare plans and specifications for Improvement Project No. 56-C. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to approve the list of license applications, as submitted by the City -1 Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to adjourn the meeting. Motion Carried. ATTEST: City Clerk K L. Mayor 1 MARCH 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on March 1, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Peter Herlofsky, As- sistant City Manager; John Olson, 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 meeting of February 15, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on Sunnybrook Acres 4th Addition. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared on the matter. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to grant tentative approval of Sunnybrook Acres 4th Addition. Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Donna's Addition located in the vicinity of 32nd and Hampshire Avenue. The Mayor asked those present to voice their opinions or ask questions about the pro- posed plat. No one appeared on the matter. Moved by Councilman Rosenthal and seconded by Councilman Aaker to grant tentative approval of Donna's Addition. Motion Carried. The City Manager presented for consideration by the Council the appli- cation of Jennifer Hole for appointment to the Youth Commission. Ms. Hole appeared and answered the questions of the Council. Moved by Councilman Bertrand and seconded by Councilman Rygg to approve the appointment of Jennifer Hole to the Youth Commission for a term ending December 31, 1977. Motion Carried. The meeting was recessed at 7:08 P.M. and called back to order at 7:14 P.M. The City Manager presented for consideration by the Council the First Reading of an ordinance rezoning a part of Lot 10, Robbinsdale Gardens, from I-2 (heavy industrial) to R-4 (high density residential) and a conditional use permit for a planned use development. The Planning Commission recommended denial. LA The following persons appeared and were heard: Robert Stroot, Boisclair Corporation Jeffrey Stats, Boisclair Corp. Robert Boisclair, Boisclair Corp. David Licht, Midwest Planning � r- 1 MARCH 1977 Joel Frary, 3043 Hampshire Marie Thorne, 6802 36th Ave. Bruce Erickson, 6906 Valley P1. Marie Sellner, 5512 Maryland (HRC) Kathy Tranby, 6917 Valley P1. Ed DeJarlais, 7315 33rd Ave. Kenneth Finnamore, 3209 La. Susan Hill, 6719 34th Ave. Chuck Fradella, 3112 Aquila Janet Svard, 3243 Louisiana Ron Gulenchyn, 3140 La. Don Cosgrove, 3150 Jersey Bruce Anderson Lyle Coffland, 3009 Jersey Ron Dietl, 3444 Louisiana Phil Karno, 3109 Aquila E. V. Goldsmith, 3225 La. William Montray, 3041 Jersey Michael Timmerman, 6148 Lakeland Wayne Peterson, 3034 Kentucky John Munnings, 7001 35th Ave. Ralph McKinney, 3158 Kentucky Jay Goldsmith, 7201 36th Ave. Bernadine Beyer, 3126 Idaho Jack Garberg, 7025 35th Place Richard Kauffmann Tony Kastanos, 3019 Hampshire Mrs. Ed DeJarlais, 7315 33rd Ave. Paulette Magnusson, 3159 Jersey The Mayor asked that this item be taken from the table and the Council agreed by common consent. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-E AN ORDINANCE REZONING CERTAIN PARCELS OF LAND WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held March 15, 1977. Motion Carried. The City Attorney was instructed to formalize the findings relating to the rezoning embodied in the motion for the First Reading, together with the appropriate findings reflecting the statements of the members of the Council at the hearing for their consideration and review. The meeting was recessed at 10:45 P.M. and called back to order at 11:00 P.M. The City Manager presented for consideration by the Council the setting of a public hearing on a request to vacate a utility and drainage ease- ment in Murray Lane 9th Addition. S - Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., April 5, 1977, as the time and date for a public hearing on the vacation of a utility and drainage easement in Murray Lane 9th Addition. Motion Carried. The City Manager presented for consideration by the Council a request for a fire lane designation at Nicklow's Restaurant, 3516 North Lilac Drive. /6 1 MARCH 1977 Moved by Councilman Langsdorf and seconded by Councilman Rygg to ap- prove the request for a fire lane at Nicklow's Restaurant, 3516 North Lilac Drive. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning Lots 5, 6, and 7, Block 1, Morningside Estates 5th Addition, from R-3 (medium density residential) to R-2 (single and two-family residential). Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-5 AN ORDINANCE REZONING CERTAIN PARCELS OF LAND WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council a resolu- tion concerning assessments on home improvements, as requested by State Senator Robert Benedict. The resolution was discussed by the Council with agreement that the resolution should be amended to indicate that all taxes on improvements be restored upon the sale of the property. Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt c� the following resolution, the reading of which was dispensed with by U unanimous consent: RESOLUTION NO. 77-10 WHEREAS, the State of Minnesota is currently involved in a severe energy shortage; and WHEREAS, a critical need for moderate income housing is projected for at least the next two decades; and WHEREAS, it is far less costly to encourage citizens to upgrade existing housing than it is to government to attempt to renovate neigh- borhoods; and WHEREAS, it is essential that the State stop discouraging people from improving their own property; NOW, THEREFORE, BE IT RESOLVED that the City of Crystal does hereby support the concept of Senate File 103 that would put a mora- torium on the taxing of home improvements as long as the square footage living area was not increased and the property is five or more years `17 1 MARCH 1977 old; provided, however, that such legislation also provide that the property shall be returned to the tax rolls at its proper evaluation upon sale of the property. By roll call and voting ayes Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk Mayor The City Manager presented for consideration by the Council a resolu- tion from Mayor James J. Krautkremer of Brooklyn Park. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-11 A RESOLUTION PERTAINING TO THE ADDITION OF SELECTED MUNICIPALITIES TO MINNESOTA'S MUNICIPAL FINANCE STUDY WHEREAS, the City Council of the City of Crystal is the official governing body of the City of Crystal, and WHEREAS, the 1976 Legislature gave the State Planning Agency $50,000 for a "study of local government fiscal problems, debt and fiscal management"; and in September, 1976, a Legislative Advisory Commission approved $150,000 appropriation to expand said "STUDY" to a "broader study of general conditions of local governance in Minne- apolis and St. Paul", and WHEREAS, this so-called expanded "Study" eliminated all Minnesota municipalities except Minneapolis and St. Paul from the "Study of lo- cal government fiscal problems . . .", and WHEREAS, the State Planning Agency, assisted by the efforts of four to six full-time analysts and a professional research organization will only profile the fiscal problems of two Minnesota communities representing only 17.5% of the total State population and 34.5% of the seven county metro area population (Metro Council and State Plan- ning population estimates), and WHEREAS, the "Study" will discriminate against a majority of State residents by not considering the fiscal, debt, and fiscal management problems faced by their municipalities, and I c. 1 MARCH 1977 WHEREAS, said "Study" could provide Minneapolis and St. Paul with an unfair advantage if the results of it were used to solicit more State Aid from future legislatures, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that the City Council supports in general the concept of a study of local government fiscal problems which would result in a representative sampling of State municipalities and not just the finan- cial problems of Minneapolis and St. Paul; BE IT FURTHER RESOLVED by the City Council that the State Planning Agency's study be enlarged by the addition of various suburban munici- palities, including Crystal, and outstate municipalities to truly re- flect financial problems of Minnesota local governments. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk Mdgor The City Manager presented for consideration by the Council a request for authorization to sign an agreement with the architect to proceed with work on the Valley Place Park shelter building. Moved by Councilman Rygg and seconded by Councilman Langsdorf to grant the authorization to enter into agreement with the architectural firm of Zejdlik, Harmala, Hysell and DeLapp, Inc., for the park shelter at Valley Place Park, and further, to authorize the Mayor and City Mana- ger to sign such agreement. Motion Carried. Councilman Bertrand discussed with the Council the possibility of an annual review of all subsidized housing with the following motion being made: Moved by Councilman Bertrand and seconded by Councilman Rosenthal to direct the Crystal HRA to conduct an annual review of the operation and management of all subsidized housing projects within the City of Crystal which would include elderly housing units, family units, etc., with such review to include: neighboring residents' comments and sug- gestions concerning the complex, an annual housing management report (dealing with the physical and personnel aspects of the operation), residents' comments and suggestions, physical inspections, sufficient data (as deemed necessary by the HRA) to determine future needs for such projects, and reports from the City staff and school district concerning the impact of such housing projects on the overall operations of the City and school district. Motion Carried. 1 MARCH 1977 Discussion was held on a report by the City Engineer regarding the willingness of Hennepin County to discuss upgrading of Bass Lake Road. After discussion, the following motion was made: 11�_ Moved by Councilman Brisky and seconded by Councilman Aaker to set up a special meeting at 7:00 P.M., April 12, with the businessmen along Bass Lake Road from Hampshire to Highway 52 to discuss changes in Bass Lake Road. Motion Carried. Mayor Meintsma informed the Council that he would be unable to attend the Congressional/City Conference in Washington. , Moved by Councilman Bertrand and seconded by Councilman Rygg to appoint Councilman William Langsdorf as the City of Crystal's delegate to the Congressional/City Conference in Washington, D. C. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Aaker to approve the list of license applications, as submitted by the City Clerk to y the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Payor 15 MARCH 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on March 15, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the following staff members were also present: John T. Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; Wil- liam Sherburne, City Engineer; Ed Brandeen, Director of Parks and Re- creation; Joe Yancey, Assistant Building Inspector; Delores Ahmann, City Clerk; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of March 1, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request by Village Builders for Block 1, Morningside Estates 5th Addition. The Mayor asked those present to voice their opinions or ask questions concern- ing the proposed variance. The following person appeared: Richard Kauffmann. Moved by Councilman Langsdorf and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15 Subd. 2(a-2) to allow a vari- ance of .46' on Lot 5, Block 1, Morningside Estates 5th Addition; .47' on Lot 6, Block 1, Morningside Estates 5th Addition; and .47' on Lot 7, Block 1, Morningside Estates 5th Addition to permit the con- struction of single or two-family residences on a lot having a width of less than 100' as recommended by and based on the findings of fact of the Planning Commission at its meeting of February 14, 1977. Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request by Vera Slater of the Vera -Duane School of Hair Design of the off-street park- ing requirements at 6406 Bass Lake Road. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. The following person appeared: Vera Slater. Moved by Councilman Rosenthal and seconded by Councilman Brisky that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of the off-street parking requirements as set forth in Section 515.09, Subd. 8-g, specifically to vary the off-street parking requirements by 15 stalls for use of approximately 8,000 square feet of the premises as the Vera -Duane School of Hair Design, located at 6406 Bass Lake Road, as recommended by the Planning Commission, and based on these findings of fact: the property cannot be used with- out a parking variance; it would be necessary to redevelop the whole area in order to provide off-street parking. Motion Carried. 15 MARCH 1977 It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed. Twin Lake West Addition, located at 4700 County Road 10. The Mayor asked those pre- sent to voice their opinions or ask questions about the proposed pro- ject. No one appeared. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to grant tentative approval of the Twin Lake West Addition located at 4700 County Road 10. Motion Carried. /o/ 1:�-- It being 7:00 P.M. Mayor Yteintsma declared this was the time and place as advertised for the public hearing on the variance request by the LA Optimist Club for use of an industrial building for a garage sale. No action was taken because the request for use of the building was withdrawn. The City Manager presented for consideration by the Council the Second Reading of an ordinance to rezone a part of Lot 10, Robbinsdale Gardens, from I-2 to R-4 and a conditional use permit for planned use develop- ment. The following persons appeared: Ron Magnuson, 3159 Jersey E. V. Goldsmith, 3225 Louisiana Mike Timmerman, 6148 Lakeland Marge Paschke, 7012 - 30th Ave. N. �. Paulette Magnuson, 3159 Jersey Mr. Neilan Lund, 4849 Louisiana Avenue North, presented a letter to the Council from members of the Human Relations Board of St. James Lutheran Church. Mayor Meintsma presented the following -resolution and read it in its entirety. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to adopt the following resolution: RESOLUTION NO. 77-12 RESOLUTION RELATING TO APPLICATION BY THE BOISCLAIR CORPOR- ATION FOR THE REZONING OF CERTAIN LANDS AND A CONDITIONAL USE IN CONNECTION THEREWITH WHEREAS, the Boisclair Corporation (the "Applicant") has, pursu- ant to the City Zoning Code (the "Code") made application for the re- zoning of certain land within the City, and for a conditional use per- mit for a proposed use on .the land; and WHEREAS, the applications made by the Applicant relate to proposed development and construction of governmentally subsidized moderate '—' cost rental housing and elderly housing project (the "Project") con- sisting of 48 multi -family dwelling units embodying 24 two bedroom units, 12 three bedroom units and 3 quadruplex as a Planned Unit De- velopment (PUD); and /OZ 15 MARCH 1977 WHEREAS, public hearings on the Project and the applications have been duly held in accordance with law before the City Planning Advisory Commission on February 14, 1977, and the City Council has received and considered the advice of the Planning Commission; and WHEREAS, this Council has duly conducted public hearings in accor- dance with law on the Project on March 1, 1977, and has further consi- dered the Project at its meeting of this date; and WHEREAS, this Council has in its evaluation of the Project consi- dered the report of the Planning Commission, the report of the City's planning consultant, dated February 3, 1977, the proposal of the Bois- clair Corporation, dated February 25, 1977, the testimony of citizens at the public hearings, the City's Comprehensive Municipal Plan, and other pertinent reports of governmental and other agencies, studies and information concerning the Project; and WHEREAS, the Council hereby determines that, because of the inter- relationship of the application relating to the Project, the Project should be considered as a whole and that the findings of the Council on the applications be set forth in a single statement of findings of fact to appropriately document, in accordance with the Code, its action on the applications; provided, however, that it is the intent of the Council that its findings and determination with respect to the rezoning of the Project land are made on the basis of its judgment as to the appropriate uses of the land on which the Project is to be located in the light of the Comprehensive Municipal Plan and related studies and reports of the City and its agencies: NOW, THEREFORE, the Council makes the following findings of fact: I. Application 77-7: Rezoning of that part of Lot 10, Robbinsdale Gardens lying East of the M.N.& S. Rail- road right-of-way, from I-2 (heavy industrial) to the R-4 (high density residential) zoning classi- fication. The Council hereby finds and determines that: (a) The proposed change of use classification of the subject property is consistent with the Comprehensive Municipal Plan: (b) The uses permitted in R-4 districts are, when suitably conditioned, generally com- patible with the uses permitted in the surrounding geographical area: (c) The land proposed to be rezoned is suitable for classification as an R-4 district: (d) Studies, available to the Council, particu- larly the Land Use & Marketability Study (LUM) / 015 15 MARCH 1977 of February 1976, and the report of the City's planning consultant show that conditions sur- rounding the land since the adoption of the present zoning code have altered to such a de- gree that the classification of the Project land as R-4 is now appropriate: (e) The report of the Planning Advisory Commission recommending denial of the application does not contain any factual basis for the action taken by the Commission and is in error_, in the judgment of the Council for the reasons set forth in (a) to (d) above, in characteri- zing the proposal as "spot zoning": (f) The Council concurs in and adopts as its find- ina the conclusion of its planning consultant that the Project meets the established policies and standards of the City relating to planning, development and land use regulation: i (g) The LUM study clearly indicates the following: !� (1) a decline in demand for industrially zoned property and a surplus of such property in the City, (2) a lack of residentially zoned property to meet the demonstrated housing needs of the City; (3) the need for higher density housing on the remaining land available to meet projected housing needs of -the City. (h) The proposed rezoning is consistent with and will enhance the accomplishment of the objectives and policies of the Housing Plan adopted by the Crys- tal Housing and Redevelopment Authority (HRA) in September 1976 and recommended to the City Coun- cil. (i) The proposed rezoning is consistent with and en- hances the accomplishment of the dousing Policies of the Metropolitan Council and its policies to prevent urban sprawl: (j) The rezoning of the subject land will not adversely affect property values of adjacent land. (k) The rezoning will promote the health, safety, and general welfare of the citizens of the City of Crystal: A�4 15 MARCH 1977 and that, therefore, the proposed zoning application should be approved. II. Application 77-8: Conditional Use Permit for a resi- dential planned unit development (PUD) on that part of Lot 10, Robbinsdale Gardens, lying east of the M.L.& S. railroad right-of-way. The Council finds and determines that: (a) The subject property is suitable for use as a PUD (residential) because of its proximity to residential land and the present and antici- pated residential uses of such land: (b) There is a demonstrated need for moderate in- come rental housing and housing for the el- derly based upon the LUM study, the HRA Hous- ing Plan, census and other statistical data, the experience with the Minnesota Housing Fi- nance Agency rental assistance program in Crystal, and the modest cost housing study of the Metropolitan Council: (c) There will be no adverse effect on traffic patterns or congestion in the immediate area of the Project: (d) The construction of the PUD Project will not adversely affect property values in the sur- rounding areas and may in fact enhance such values: (e) The Council finds no factual basis for assum- ing that the Project will increase law en- forcement problems or impose unnecessary bur- dens on the public school system: (f) The construction of the Project and its oper- ation as proposed will, together with other related City and HRA programs, assist the City in carrying out its policy, and that of the regional, state and local levels of govern- ment, of providing opportunities for decent, safe, sanitary housing for its citizens at a reasonable cost: (g) The standards established by subsection 515.25, subdivision 4, of the Code for the granting of conditional uses in R-4 districts will be met by the Project as proposed: (h) The granting of the application is compatible with the Comprehensive Municipal Plan: 15 MARCH 1977 and that, therefore, the application for the conditional use should be approved., subject, however, to the following con- ditions, imposed pursuant to Subsection 515.53, Subdivision l(e) of the Code: 1. Drainage plans be detailed and the final solution shall be subject to the approval of the City Engineer. 2. Provision be made for either additional open park- ing at the eastern portion of the site and/or lim- ited parking time - loading spaces - be designated in proximity to central locations to buildings. 3. Open parking stalls be painted in accordance with zoning ordinance requirements. Curbing also is to be provided. 4. A lighting plan be formulated and submitted for the review and subject to the approval of the City staff. 5. Garage parking spaces are to be rented as part of each unit (fee free) and the designation of assigned spaces shall be reviewed and subject to the approval 5 of the City staff. 6. The curb cut opening onto Nevada Avenue be reduced to 22 feet in compliance with the maximum allowed by the zoning ordinance. 7. At the north side of the site, adequate earth mound- in.g,buffer and setbacks be established subject to the approval of the City Council. 8. The grading problem existing on the southern border of the property, as well as setbacks of a potential industrial use, be resolved. The setback and grad- ing shall be subject to the review and approval of the City Council. 9. Performance bonds be posted prior to the issuance of building permits as required by the zoning ordinance. 10. The landscaping issues noted in the Planning Consul- tant's report are to be resolved by the developer and subject to the review and approval of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City y of Crystal: 1. Application No. 77-7 for rezoning is approved and Ordinance No. 77-6 shall therefore be given its second reading. 1"6 15 MARCH 1977 2. Application No. 77-8 for a Conditional Use Permit for a residential Planned Unit Development in an R-4 district is granted, subject to the conditions specified in Paragraph II above, to become effec- tive on the effective date of Ordinance No. 77-6. 3. The City Clerk is authorized and directed to notify the Applicant, in writing, of the approval of Ap- plication 77-8 as provided in Subsection 515.53, Subdivision 1(n) of the Code. After discussion on the resolution, the following motions were made: Moved by Councilman Rosenthal and seconded by Councilman Aaker to amend the findings of fact adding section i to Paragraph II: "there does exist a possible loss of Federal funds for communities which do not make a full effort to provide for low and moderate income housing. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Rygg to amend Paragraph II (f) of the findings of fact to insert the word "federal" before the word "regional". Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to amend Paragraph II (f) to insert the word "metropolitan" in place of the word "regional". Motion Carried. The Council agreed by common consent that all references to moderate housing should instead be low and moderate housing. The Mayor then called for a vote on the motion, as amended. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. j Ma ATTEST: ,;;,1/ _�_/ L&, , Win, .,, _/ City Clerk Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-6 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS 15 MARCH 1977 and further, that this be the second and. final reading. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion Carried. Mr. Charles Peugh, a member of the Park and Recreation Advisory Commis- sion, appeared before the Council to discuss season tickets for the Municipal Swimming Pool. Betty Herbes, Sheldon Thorkelson and Ed Bran- deen also appeared. After discussion, the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Brisky to de- crease the family resident season ticket for the Crystal Municipal Pool from $22 to $17. By roll call and voting aye: Rygg, Bertrand, Brisky, Aaker, Rosenthal, Meintsma; voting no: Langsdorf. Motion Carried. Mr. Arthur Wilson, Chairperson of the Environmental Commission, appeared before the Council to discuss the property at 30th and Brunswick, a -ree subsidy program, and a holding tank for used drain oil. Discussion was first held on the Environmental Commission's request for an Environmental Impact Statement on the filling of property at approximately 30th and Brunswick, with the following motion being made: Moved by Councilman Aaker and seconded by Councilman Bertrand to ask the owner of the property west of Brunswick between 32nd and the Lamp- lighter Square Apartments to prohibit the dumping of rubbish,, refuse, garbage, debris, waste, junk, or other materials of little value other than dirt, stone, brick, cement or similar substances within a reasonable time. Motion Carried. The City Manager suggested that a reasonable time would be thirty days and the Council requested the item be placed on the April 19, 1977 agenda. Mr. Wilson then discussed the tree planting and subsidy program proposed by the Commission. After discussion concerning an increase in the number of subsidies to be given, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to approve a tree planting subsidy program allowing the first 400 Crystal residents to reserve a tree to receive a subsidy of $1.50 per tree and an additional amount of $1.00 if the resident has been ordered to remove an elm tree. Motion Carried. The City Manager indicated the source of funding would be investigated by the staff and information would be gathered for an article in the Crystal Newsletter. :N 15 MARCH 1977 The possibility of installing a holding tank for used motor oil was then discussed. The following motion was made: lv Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to direct the City staff to study the possibility of installing a hold- ing tank for used motor oil and investigate the possibility of instal- ling a lock and selling keys for use of the tank. Motion Carried. The City Manager presented for consideration by the Council an ordinance rezoning property at 5209 West Broadway from I-2 to I-1, as requested by the Orbit Glass Company. The Planning Commission has recommended approval. ,1 Moved by Councilman Rygg and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-7 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on April 5, 1977. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Aaker, Meintsma; abstained: Rosenthal. Motion Carried. The City Manager presented for consideration by the Council an ordinances rezoning property located at 5343-45 Lakeland Avenue North, from I-2 to I-1, as requested by John Day. The Planning Commission has recom- mended approval. I� Moved by Councilman Rygg and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77-9 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on April 5, 1977. Motion Carried. The City Manager presented for consideration by the Council an ordinance rezoning property at approximately 4700 County Road 10 from R-1 to R-4, as requested by the Gittleman Corporation. The Planning Commission has recommended approval. John Westgaard appeared representing the Gittleman Corporation. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following ordinance: icy 15 .MARCH 1977 ORDINANCE NO. 77-q 1 AN ORDINATVCE REZONING CERTAIN LK-iNDS WITHIN THE CITY OF CRYSTAL and .further, that the second and final reading be held on April 5, 1977. Motion Carried. The City Manager presented for consideration by the Council a request for a building permit for remodeling and alterations to an existing building at 5537 West Broadway (Target Store). A representative of Dayton -Hudson Properties appeared and was heard. iLi Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the authorization to issue building perir.it '#25561 to C. F. Hag - lin & Sons for remodeling and alterations to existing building located on Lot 1, Block 1, Cardinal Court Addition, 5537 West Broadway, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. The City Manager presented for consideration by the Council a request for a building permit for remodeling and alterations to the existing building located at 6406 - 56th Avenue North. Vera Slater appeared and was heard. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to approve the authorization to issue building permit #25563 to Vera Slater Beauty School for remodeling and alterations to the existing building located at 6406 - 56th Avenue North, Lot 20 and. the west 40 feet of Lot 21, Block 5, Kensey Manor, subject to standard procedure, as recommended by the Planning Commission. Motion Carried. IS The City Manager presented for consideration by the Council the setting of a public hearing on a variance request for reduction in off-street parking at 6404 - 56th Avenue North. Hr Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:00 P.M., April 5, 1.977, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustments and Ap- peals to consider the request for a variance to Section 515.09, Sub- division 8-t, at 6404 - 56th Avenue North. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for tentative approval of the proposed Hoskins Addition. 17 Moved by Councilman Rosenthal and seconded by Councilman Bertrand to set 7:00 P.M., April 5, 1977, as the time and date for a public hear- ing to consider tentative approval of the proposed Hoskins Addition located at 32nd and Louisiana. Motion Carried. The City Engineer presented for consideration by the Council the plans i� and specifications for 32nd Avenue, Nevada to Louisiana; Maryland Avenue, 32nd to dead end north. 15 MARCH 1977 Moved by Councilman Rosenthal and seconded by Councilman Aaker to ap- prove the plans and specifications for Improvement #56-C, and to au- thorize the City Manager to advertise for bids. Motion Carried. The City Manager presented for consideration by the Council two requests to discuss the possible closing of schools in Crystal --Donald Blore will discuss Thorson School, and Liz Reid will discuss Cavanagh School. The following persons appeared and were heard: Donald Blore, 5742 Rhode Island Bernie Plasencia, 5841 Pennsylvania Pat Theringer, 5625 Rhode Island Paul Plasencia, 5841 Pennsylvania Liz Reid, 5417 Vera Cruz Ron Boyum, 5701 Rhode Island Gwen Besnett, 5331 Corvallis Mr. Besnett, 5331 Corvallis Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following resolution: RESOLUTION NO. 77-13 RESOLUTION RELATING TO THE CLOSING OF SCHOOLS IN THE CITY OF CRYSTAL Moved by Councilman Rosenthal and seconded by Councilman Bertrand to amend the motion to strike the word "delay" in the "Be It Resolved" section and insert the words, "furnish the City Council with sufficient copies of the reports upon which the decision is to be based and defer,' Motion Carried. The Mayor then called for a vote on the amended resolution which reads as follows: RESOLUTION NO. 77-13 RESOLUTION RELATING TO THE CLOSING OF SCHOOLS IN THE CITY OF CRYSTAL �CI WHEREAS, the Environmental Impact of the vacant buildings is a legitimate concern of municipal government officers; and, WHEREAS, the Superintendent of School District No. 281 has an- nounced intent to close two schools in the single municipality of Crys- tal; and, WHEREAS, Crystal is the only municipality among the seven in School District No. 281 scheduled for closing in the 1977-78 school year; and, WHEREAS, indications are that four elementary buildings in School District No. 281 will be closed in the next three to four years; NOW, THEREFORE, BE IT RESOLVED that the City of Crystal requests the Administration of School District No. 281 to furnish the City Coun- cil with sufficient copies of the reports upon which the decision is 15 MARCH 1977 to be based and defer a final decision on:scrool closings beyond the announced deadline of March 23, 1977, to permit the citizen input and discussions between school and community officers with a view to: A. Determining potential alternative uses and possible buyers for the four or five buildings standing up- l C1 permost on the list of closings. B. Working out a program of "reasoned and responsible gradualism" in such a manner as to assure that a single .municipal government will have to deal with no more than a single closing in a single year. By roll call and voting aye: Rygg, Bertrand, Langsdorf, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, X.esolution declared adopted. Mayor ATTEST: City Clerk The City Manager presented for consideration by the Council a request by Northern States Power Company to change the overhead street light- ing system at the intersection of Bass Lake Road and West Broadway. Moved by Councilman Aaker and seconded by Councilman Brisky to approve the request of Northern States Power Company to change the overhead street lighting system along Bass Lake Road. Motion Carried. The City Manager presented for consideration by the Council a request for a license for tree removal by Elm Tree Service. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to approve the tree removal license application of the Elm Tree Ser- vice, subject to receipt of proof of Worker's Compensation insurance. Motion Carried. The City Manager presented for consideration by the Council the pro- posed lease agreement between Hennepin County and the City for public safety radio communications equipment for 1977. Moved by Councilman Bertrand and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-14 RESOLUTION AUTHORIZING THE CITY OF CRYSTAL TO ENTER INTO A LEASE AGREEMENT WITH HENNEPIN COUNTY FOR RADIO EQUIPMENT WHEREAS, the City of Crystal leases the radios for its police mobile units from Hennepin County, and ,9, 15 MARCH 1977 WHEREAS, the lease for radio equipment, which is on file in the office of the City Clerk, has been supplied to the City of Crystal for approval, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal approves and authorizes the Mayor and City Manager to sign such lease agreement for radio equipment, as per the agreement with Hennepin County. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. Mayor - ATTEST: City Clerk Councilman Langsdorf discussed the Park and Recreation Advisory Com -mission's recommendation regarding the name change of Welcome Park -� and asked that the item be placed on the April 5 Council agenda. Moved by Councilman Rosenthal and seconded by Councilman Rygg to ap- prove the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: City Clerk /i3 5 APRIL 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on April 5, 1.977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Bertrand, Briskv, Meintsma, Aaker; the following were absent: Rygg, Rosenthal; also present were the following staff members: John Irving, City Manager; David Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; William Sherburne, City Engineer; Delores Ahmann, City Clerk; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of March 15, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the vacation of a utility and drainage easement in the Murray Lane 9th Addition (located north of 52nd Avenue east of Vera Cruz, running along the railroad tracks. The Mayor asked those present to ask questions or voice their opinions about the proposed vacation. Those persons present and heard were: Barb Raykovich, 5226 Regent. Moved by Councilman Aaker and seconded by Councilman Bertrand to con- tinue the public hearing until the Council meet -ng of April 19, 1977. Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the parking variance requested by Northside Appliance Company at 6404 56th Avenue North, from 41 stalls and 1 loading berth to 0 stalls and. 0 loading berths. The Mayor asked those present to ask questions or voice opinions about the proposed variance. No one appeared. c�- Moved by Councilman Bertrand and seconded by Councilman Langsdorf to table for further study the variance request of Northside Appliance Company. Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time- and place as advertised for the public hearing on the proposed Hoskins Addition located at 32nd and Louisiana. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. Those persons present and heard were: Bob Christianson, 1967 Silver Lake Road. Moved by Councilman Bertrand and seconded by Councilman Aaker to grant tentative approval of the proposed Hoskins Addition. Motion Carried. The Crystal Human Relations Commission presented for consideration by the Council a proposed plan for a Town Meeting. //4 5 APRIL 1977 Annette Rowland appeared representing the Commission. The Town Meet- ing would be scheduled for May 19, 1977. y Moved by Councilman Aaker and seconded by Councilman Brisky to allo- cate $60 from the Joint Commission funds for the Annual Town Meeting. Motion Carried. The City Manager presented for consideration by the Council the renam- ing of Welcome Park. Dave Sunders appeared and after discussion, no action was taken. The City Manager presented for consideration by the Council a request for a private kennel license at 6711 - 50th Avenue North from Richard J. LeCuyer. Mr. LeCuyer appeared. Also appearing before the Council were: Greg Cook and Jodi Roskop. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove the authorization to issue a private kennel license to Richard J. LeCuyer for a kennel at 6711 R 50th Avenue North.. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning property at 5209 West Broadway from I-2 to I-1, as requested by Orbit Glass. Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-7 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning property at 5343-45 Lakeland Avenue North, from I-2 to I^1. c� Moved by Councilman Langsdorf and seconded by Councilman Bertrand to () adopt the following ordinance: ORDINANCE NO. 77-8 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final rQading. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning property at approximately 4700 County 1 5 APRIL 1977 Road 10 from R-1 to R-4, as requested by the Gittleman Corporation. Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-9 A14 ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. Mr. Arthur Wilson, before the Council program. /1�5_ Chairman of the Environmental Commission, appeared to discuss changes in the tree planting and subsidy b Moved by Councilman Aaker and seconded by Councilman Bertrand to allo- cate $600 from the Miscellaneous Commissions budget for the tree subsidy program and placing the subsidy per tree at $4 each. Motion Carried. The City Manager presented for consideration by the Council a request by Jim Thompson and Jim Smith for.a change in the zoning ordinance to allow a used furniture store in a B-4 District. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-/0 AN ORDINANCE AMENDING SECTION 515.37, SUBDIVISION 2 OF THE ZONING CODE TO ALLOW THE SALE OF USED FURNITURE IN A B-4 DISTRICT and further, that the second and final reading be held upon receipt of a recommendation from the Planning Commission. Motion Carried. The City Manager presented for consideration by the Council a request for a building permit from the Iron Horse Restaurant. Mr. Phillip Eder of the Iron Horse appeared. Moved by Councilman Aaker and seconded by Councilman Bertrand to set bond in the amount of $14,000 as a guarantee of faithful performance 1� of certain work requirements as a condition of issuance of a building permit for remodeling and alterations to the existing building at 5630 Lakeland Avenue North, as recommended by the City Engineer, but with the date for work to be completed set at November 1, 1977. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the authorization to issue building permit ;#25534 for remodeling and alterations to existing building at 5630 Lakeland Avenue North, sub- lz- ject to receipt of bond and signed agreement within 14 days; also sub- ject to standard procedure, as recommended by the Planning, Commission. Motion Carried. //6- 5 APRIL 1977 The City Manager presented for consideration by the Council a prelim- inary report from New Hope regarding the Old Dutch Ponding area improve-, ment. Paul Thorson asked questions regarding the material. After discussing the report and the alternatives suggested, the following motion was made: �a Moved by Councilman Bertrand and seconded by Councilman Langsdorf to place this item on the April 12 Special meeting agenda to be considered after the discussion on the improvement of Bass Lake Road. Motion Carried. The meeting was recessed at 9:15 P.M. and called back to order at 9:22 P.M. The City Engineer presented for consideration by the Council the plans and specifications for Hennepin County Project No. 67.52 (West Broadway - Bass Lake Road -Douglas Drive). Several residents and businessmen appeared to ask questions, Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-15 f RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR HENNEPIN COUNTY IMPROVEMENT PROJECT NO. 6752 WHEREAS, plans for Hennepin County Project No. 6752 showing pro- posed alignment, profiles, grades, and cross sections, together with specifications and special provisions for the construction of County State Aid Highway No. 8, 10 and 102 within the limits of the City as a State Aid Project have been prepared and presented to the City of Crys- tal, NOW, THEREFORE, IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Aaker, Meintsma; absent, not voting: Rygg, Rosenthal. Motion carried, resolution de- clared adopted. ATTEST: City Clerk Moved by Councilman Langsdorf and seconded by Councilman Bertrand to authorize the Mayor and City Manager to sign an agreement with Hennepin County for construction and cost sharing on Hennepin County Project 6752 which is in the City of Crystal. Motion Carried. 5 APRIL 1977 The District 44 Legislators appeared to discuss with the Council legis- lation for raising the levy in the City of Crystal. Mayor Meintsma \l outlined the financial problems of the City and Representatives Lyndon Carlson and Leo Adams answered questions from the Council. The City Engineer presented for consideration by the Council a report regarding an oil depository tank at the City Garage, After discussion, the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Brisky to allo- cate $250 from the Miscellaneous Commissions budget for the purchase of a 500 gallon tank to be used as a used oil depository by residents. Motion Carried. The City Manager presented for consideration by the Council the fees for non-resident families and individual resident and non-resident fees for the Crystal municipal swimming pool. Moved by Councilman Bertrand and seconded by Councilman Brisky to set the 1977 Crystal municipal pool rates at $17 for the resident family season ticket, $8.50 for the resident individual ticket, $20 for the non-resident family season ticket, $10 for the non-resident individual season ticket, and $1 for the daily rate. Motion Carried. The City Manager presented for consideration by the Council possible changes in the municipal court locations. Discussion was delayed on this item until the next meeting so that Coun- cilman Rosenthal could review the matter with the Council. The City Manager presented for consideration by the Council the appli- cation for a tree trimming license from Tim's Tree Service. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ap- prove the authorization to issue a tree trimming license to Tim's Tree Service. Motion Carried, The City Manager presented for consideration by the Council a request from the Human Relations Commission for funds in the amount of $72.50 for a joint program with other communities. Moved by Councilman Aaker and seconded by Councilman Langsdorf to au- thorize the allocation of up to $75 from the Miscellaneous Commissions budget for the Crystal Human Relations Commission's portion of the cost for the Family Life program. Motion Carried. The City Manager presented for consideration by the Council the resig- nation of Marlene Girard from the Human Relations Commission. ._ Moved by Councilman Bertrand and seconded by Councilman Brisky to ac- cept the resignation of Marlene Girard from the Human Relations Commis- sion and direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. 5 APRIL 1977 The City Manager presented for consideration by the Council the resig- nation of Harvey Leviton from the Human Relations Commission. Moved by Councilman Bertrand and seconded by Councilman Brisky to ac- cept the resignation of Harvey Leviton from the Human Relations Commis- sion and direct the City Manager to send him a letter of thanks and appreciation. Motion Carried, Moved by Councilman Aaker and seconded by Councilman Bertrand to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. ATTEST: City Clerk 12 APRIL 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on April 12, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Sec- retary of the Council called the roll and the following were present: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the follow- ing were absent: Rygg; also present were the following staff members: John T. Irving, City Manager; Dave Kennedy, City Attorney; Peter Her- lofsky, Assistant City Manager; William Sherburne, City Engineer; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag, The Mayor opened the informational meeting regarding the proposed Bass Lake Road Improvement from Hampshire east to Highway 52. The follow- ing persons appeared and were heard: Bill Kusske, 6500 Brentwood Tom Castaneda, The Bungalow Jerry Carlson, 5301 Kentucky Earl Simons, Dependable Finance Gene Bienias, 6512 Bass Lake Road Jim Bebus, Metro Liquors Mr. Anderson, Anderson's Shoe Repair Bob Benedict, Medical Center Pharm. Phil Turnke, Metro Communications Mrs. Carringer, Dairy Queen Lois Degendorfer, 6309 Brentwood Gordon Mathe, 6532 Brentwood Marty Campion, Campion Assoc. Don Pietig, Northside Appliance Byron McCullough Tim Hermann, 6505 Brentwood David Kahlman Silver Comb Ron Long, Realtors E1 Shirmers, 5640 Hampshire Loren Shiebe, Chamber of Commerce Lois Belmore, 6521 Brentwood Vera Slater, Beauty School Wayne Degendorfer, 6309 Brentwood Following discussion, no action was taken. The Mayor then opened discussion regarding storm sewer improvements in the Memory Lane Pond area. The City Engineer then presented his report of August 13, 1976. Dis- cussion followed regarding the degree of affordable flood protection and the means of determining the most benefit for the most reasonable cost. The following persons appeared and were heard: Jim Murphy, 4408 Louis- iana; Jim Beckers, 4416 Louisiana; and Paul Thorson, 4509 Maryland. The City Manager was asked to contact New Hope for the purpose of ar- ranging a joint meeting between the two Councils. The City Manager informed the Council of a possible discussion item regarding 3412 Xenia. -c Moved by Councilman Bertrand and seconded by'Councilman Aaker to con- sider 3412 Xenia Avenue. Motion Carried. /,z 0 12 APRIL 1977 Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution: RESOLUTION NO. 77-16 A RESOLUTION RELATING TO CERTAIN HAZARDOUS PRO- PERTY WITHIN THE CITY BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. The Council has been informed by the Assistant Building In- spector that certain property located at 3412 Xenia Avenue North, in Crystal, is vacant, unsafe and is deemed hazardous due to the fact that the building on the property is open to trespass and the build- ing could be made safe by securing the same. 2. The actions of the Assistant Building Inspector and the City Attorney in notifying the owner of the property of the City's intention to secure the building are hereby ratified and confirmed in all respects and this resolution constitutes an order for the purpose of securing a vacant building under Minnesota Statutes, Section 463.251. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. ATTEST: City Clerk L Z Mayor Moved by Councilman Langsdorf and seconded by Councilman Brisky to ad- journ the meeting. Motion Carried. -May ---_ ATTEST: 42L - City Clerk 19 APRIL 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on April 19, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Rygg; also present were the following staff. members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; John Olson, 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 meeting of April 5, 1977 and the Special meeting of April 12, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the continued hearing on the requested vacat_on of a utility and drainage easement in Murray Lane 9th Addition, located north of 52nd Avenue east of Vera Cruz. The Mayor asked those present \ to comr�iient or ask questions concerning the proposed vacation. Those present and heard were: Mr. and Mrs. Platzer, 5221 Regent; Les Lamb, 5338 - 52nd Avenue North; and Barb Raykovich, 5226 Regent. Moved by Councilman Aaker to continue the :nearing until the ne«t regu- lar meeting. Motion Died for Lack of a Second. Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance to vacate 201: ORDINANCE NO. 77-0 AN ORDINANCE TO VACATE UTILITY AND DRAINAGE EASEMENT IN MURRAY LANs, 9TH ADDITION and further, that the second and final reading be held on May 3, 1977. Moved by Councilman Langsdorf to amend the ordinance to make the vaca- tion of the easement 101. Motion Died for Lack of a Second. By roll call and voting aye on the original motion: Bertrand, Brisjcy, Aaker, Rosenthal, Meintsma; voting no: Langsdorf; absent, not voting: Rygg, Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time and place for the public hearing on the variance of parking requirements, as requested by Northside Appliance Company at 6404 56th Avenue North, from 41 stalls and 1 loading berth to 0 stalls and 0 loading berths. This item was tabled from the April 5, 1977 meeting. The Mayor asked those present to voice their opinions or ask questions about the vari- ance. Those present and heard were: Don Pietig. 19 APRIL 1977 Moved by Councilman Rosenthal and seconded by Councilman Brisky that pursuant to Section 515.55 of the Crystal City Code to vary or modify 15. the strict application of Section 515.09, Subd. 8-t, to allow a vari- ance of 41 off-street parking spaces and 1 loading berth for the use of the premises located at 6404 - 56th Avenue North, Tract B, Registered Land Survey #440, as recommended by the Planning Commission. Motion Carried. The City Engineer presented for consideration by the Council a request for a building permit for remodeling and alterations to an existing structure located at 2801 Douglas Drive, by the Church of the Latter Day Saints. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to approve, as recommended by the Planning Commission, the authorization to issue building permit #25600 to the Church of Latter Day Saints for remodeling and alterations to the existing building located at 2801 Douglas Drive, Lot 1, Block 1, L.D.S. Addition, subject to standard procedure. Motion Carried. The Council then requested a review of the procedures in referring building permits to the Planning Commission and Council. The City Engineer presented for consideration by the Council final approval of Donna's Addition, located at Hampshire Avenue north of 32nd Avenue. The Planning Commission recommended approval. Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-17 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized f� and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a sub- division plat for Donna's Addition, as submitted by Richard Dempsey, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled DONNA'S ADDITION, City of Crystal, Hennepin County, Minnesota. /"-23 19 APRIL 1977 l By roll call and voting aye: j Rosenthal, Aaker, absent, not tion declared adopted. ATTEST: City Clerk Langsdorf, Bertrand, Brisky, Meintsma, voting: Rygg. Motion carried, reso_lu- 1 '2 Z, y .cam May The City Engineer presented for consideration by the Council final approval of Valley View Park 2nd Addition, located between Jersey and Hampshire Avenues in the vicinity of Valley Place. The Planning Com- mission recommended approval. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to set bond in the amount of $48,000, as a guarantee of faithful perfor- mance of certain work requirements as a condition of plat approval for Valley View Park 2nd Addition, as recommended by the City Engineer. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for a variance of lot width, lot area and rear yard setback on Lot 7, Block 2, Murray Lane 9th Addition, in the vi- cinity of 52nd and Scott. Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:00 P.M., May 17, 1977, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustments and Ap- peals to consider the request for a variance to Section 515.15, Subd. 2(a-1), Subd. 2(d-1) and Section 515.13, Subd. 4(a) on Lot 7, Block 2, Murray Lane 9th Addition. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for tentative approval of Woolstons 9th Addition located at 52nd and Hanson Court. Moved by Councilman Bertrand and seconded by Councilman Aaker to set 7:00 P.M., May 17, 1977, as the time and date for the public hearing on the proposed Woolstons 9th Addition. Motion Carried. The City Manager presented for consideration by the Council the setting of a public hearing for a variance of parking requirements on Lot 3, Block 1, Mars 2nd Addition. 1 U Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., May 17, 1977, 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 the request for a variance to Section 515.09, Subd. 6(a) on Lot 3, Block 1, Mars 2nd Addition. Motion Carried. 19 APRIL 1977 The City Manager presented for consideration by the Council the Second Reading of an ordinance to allow the addition of "used furniture" as a permitted use in a B-4 zoning district. Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77--10 AN ORDINANCE RELATING TO ZONING: AMENDING THE CITY OF CRYSTAL ZONING CODE, SUBSECTION 515.37, SUBDIVISION 2, PARAGRAPH ( r ) and further, that this be the second and final reading. By roll call and voting aye: Bertrand, Brisky, Rosenthal, Meintsma; voting no: Langsdorf, Aaker; absent, not voting: Rygg, Motion failed to receive 2/3 majority of Council. Motion Lost. Moved by Councilman Aaker and seconded by Councilman Rosenthal to re- consider. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to send the matter back to the Planning Commission to define conditions for inclusion of "used furniture" as a conditional use in a B-4 District. By roll call and voting aye: Langsdorf, Aaker; voting no: Bertrand, Brisky, Rosenthal, Meintsma; absent, not voting: Rygg. Motion Lost. Moved by Councilman Langsdorf to table. Motion Died for Lack of a Second. Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt the following ordinance: a— I ORDINANCE NO. 77-10 AN ORDINANCE RELATING TO ZONING: AMENDING THE CITY OF CRYSTAL ZONING CODE, SUBSECTION 515.37, SUBDIVISION 2, PARAGRAPH (r) and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning certain properties near 4947 West ��— Broadway from R-1 to B-3, B-4 to B-3, and R-1 to P-1, as requested by the Knights of Columbus. 19 APRIL 1977 Moved by Councilman Langsdorf and seconded by Councilman Aaker to ac- cept the Certificates of Deposit in the amount of $48,000 as a guarantee of faithful performance of certain work requirements as a condition of rezoning. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Aaker; abstained: Rosenthal; absent, not voting: Rygg. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to enter into agreement with the Knights of Columbus for the purpose of guar- anteeing faithful performance for certain work requirements as a con- dition of rezoning for 4947 West Broadway, and further, that the Mayor and City Manager be authorized to sign such agreement. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Aaker; abstained: Rosenthal; absent, not voting: Rygg. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-11 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Aaker; abstained: Rosenthal; absent, not voting: Rygg. Motion Carried. Mr. Neilan Lund, from the Environmental Commission, appeared before the Council to discuss bills before the legislature concerning deposits for beverage containers. Mr. Lund, on behalf of the Commission, asked for support of Senate File 1 and House File 13. Discussion followed with the following motion being made: Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-18 A RESOLUTION CONCERNING DISPOSABLE I BEVERAGE CONTAINERS WHEREAS, both the Minnesota House and Minnesota Senate are now considering measures pertaining to deposits on beverage containers; and, WHEREAS, such a concern was expressed to the City Council by the Crystal Environmental Commission at the Council meeting of April 19, 1977; and, / -"Z �0 19 APRIL 1977 WHEREAS, after discussion, the Crystal City Council did feel de- sireous in expressing its support for the concept of control of dis- posable beverage containers, but did not feel it could support specific" bills it had not read; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal, while not endorsing any specific bill now before the Leg- islature, does support, in concept, statewide, and if possible, Federal, control of the disposal of beverage containers. By roll call and voting aye: Langsdorf, Bertrand, Aaker, Meintsma; voting no: Brisky, Rosenthal; absent, not voting: Rygg. Motion car- ried, resolution declared adopted. QL ATTEST: City Clerk The City Manager informed the Council that a referendum petition regard- ing Ordinance No. 77--6 had been submitted to the City Clerk. The City Clerk presented a statement of verification to the City Council. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77x-19 RESOLUTION AS TO SUFFICIENCY OF REFERENDUM PETITION WHEREAS, a referendum petition has been duly submitted to the City Clerk pursuant to Section 5.10 and 5.11 of the City Charter, call- ing for the submission of Ordinance No. 77-6, WHEREAS, the City Clerk has submitted such petition to the Coun- cil, and WHEREAS, the petition is in proper and due form and is accompanied by signatures of qualified voters equal to 5% of the number of quali- fied voters registered at the last general municipal election held immediately preceeding the submission of the petition: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal: 1. The referendum petition is found and determined to be sufficient and in due form as prescribed by Sections 5.10 and 5.11 of the Charter. /,z 19 APRIL 1977 2. The Council shall forthwith at this meeting, being the next regular meeting following the submission of the petition, take the appropriate action re- quired by Section 5.10 of the Charter with reference to referendum petitions, By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg, Motion carried, resolu- tion declared adopted., ATTEST: City Clerk / s9 Mayb ._. _ Moved by Councilman Bertrand and seconded by Councilman Langsdorf that Ordinance No. 77-6 entitled "An Ordinance Relating to Toning; Chang- ing the Use Classification of Certain Lands" be affirmed and a.d}::ered to as passed. Motion Carried. The following persons appeared and were heard: Ed DeJarlais, 7315 33rd Ave. Kathy Tranby, 6917 Valley Place !'firs. Ed DeJarlais, 7315 33rd Ave. Ron Gulenchyn, 3140 Louisiana Phil Karn.o, 3109 Aquila E. V. Goldsmith, 322.5 Louisiana Mike Timmerman, 6143 Lakeland. Ron Dietl, 3444: Louisiana Paulette Magnusson., 3159 Jersey John Seiger Moved by Councilman Aaker and seconded by Councilman Bertrand that the ordinance be submitted to the electors of. the City at a Special Election to be held on Tuesday, the 14th day of June, 1977, to be held in accordance with Section 4.04 of the City Charter and State General Election Laws. Moved by Councilman Langsdorf and seconded by Council�r.an Rosenthal to amend the motion to set the election date for June 7, 1977. By roll call and voting aye: Langsdorf, Brisky, Aaker, Rosenthal, Meintsma; voting no: Bertrand; absent, not voting: Rygg. Motion Carried. Amended Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Aaker that the Citv Attorney be instructed to prepare the question to appear on the ballot at the election as provided by Section 5.07 of the Charter and submit said question_ to the Council by May 3, 1977 for their re- view, modification and approval. Motion Carried. J 16 /=1 19 APRIL 1977 Mr. Alan Dorfman appeared before the Council to discuss the cost of street lighting to apartment owners. Mr. Stan Taube and Mr. Ted Gold- man also appeared. t� After discussion on the street lighting cost, it was the consensus of the Council that the staff could look into alternative methods of distributing the cost. Mr. John Schaaf, 4908 Quail, appeared to discuss power boats on Twin Lake with the Council. Mr. Herb Helmers also appeared. Councilman i� Bertrand relayed the discussion of the three communities meeting on the subject and indicated that he would keep the Council apprised of the results of the meetings. The City Manager presented for consideration by the Council a report for the Health Department regarding property west of Brunswick between approximately 30th and 32nd Avenues North. After discussion, the Council agreed the staff should proceed with investigation of methods of licensing excavation and grading through the Uniform Building Code and report to the Council at a later meeting. The City Manager presented for consideration by the Council the Scott nn Avenue storm sewer allocations. �V\ Moved by Councilman Bertrand and seconded by Councilman Brisky to con- cur with the recommendation of Golden Valley City Council to award the contract to Northdale Construction Company in the amount of $683,100.35, for construction of the Scott Avenue storm sewer project. Motion Carried. The City Manager presented for consideration by the Council the setting of a meeting date with the New Hope City Council to discuss storm sewer 0 improvements. Moved by Councilman Langsdorf and seconded by Councilman Aaker to meet with the New Hope City Council at 7:00 P.M., May 2, 1977 at the Crystal City Hall to discuss mutual storm sewer improvements. Motion Carried. The City Manager presented for consideration by the Council an agree- ment with Hennepin County on health services. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to enter into agreement with Hennepin County regarding Health Services, and further, to authorize the Mayor and City Manager to sign such agree- ment. Motion Carried. The City Engineer presented for consideration by the Council the bids �'�- for maintenance materials. /Z y 19 APRIL 1977 Moved by Councilman Aaker and seconded by Councilman La.ngsdorf to adopt the following resolution, the read.ina of which was dispensed with by unanimous consent: RESOLUTION NO. 77-20 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, 1977, and tabulated as follows: BITUMINOUS PATCHING MIXTURE (3/8") $ AT PLANT DELIVERED C. S. McCrossan, Inc. $ 9.00/ton $10.50/ton Bury & Carlson, Inc. $10.60/ton Bury & Carlson, Inc. $11.60/ton BITUMINOUS PATCHING MIXTURE (3/411) $ 2.25/ton C. S. McCrossan, Inc. C. S. McCrossan, Inc. $ 9.00/ton $10.50/ton Bury & Carlson, Inc. $10.10/ton 1.65/ton $11.10/ton Commercial Asphalt Co. $ 7.61/ton - SAND AT PIT -^ Barton Contracting Co. $ 0.67/ton $ 1.62/ton Bury & Carlson, Inc. $ 0.72/ton $ 1.59/ton Buesing Bros. Trucking, Inc. $ 0.78/ton $ 1.68/ton W. G. Pearson, Inc. $ 1.00/ton $ 2.60/ton CLASS 5 GRAVEL Barton Contracting Co. $ 1.17/ton $ 2.12/ton Buesing Bros. Trucking, Inc. $ 1.35/ton $ 2.04/ton Bury & Carlson, Inc. $ 1.35/ton $ 2.25/ton C. S. McCrossan, Inc. $ 1.25/ton $ 2.75/ton W. G. Pearson, Inc. $ 1.65/ton $ 3.25/ton GRANULAR MATERIAL C. S. McCrossan, Inc. $ 0.50/ton Barton Contracting Co. $ 0.53/ton Bury & Carlson, Inc. $ 0.58/ton Buesing Bros. Trucking, Inc. $ 0.60/ton W. G. Pearson, Inc. $ 1.00/ton DUST OIL Bury & Carlson, Inc. AT PLANT $ 0.50/gal. 02 Ll - AND WHEREAS, C. S. McCrossan, Inc., is the apparent low bidder and most responsive to the specifications for 3/8 inch and 3/4 inch bituminous patching mixture and granular material; and Barton Contract- ing Company is the apparent low bidder and most responsive to the speci- fications for sand and Class 5 gravel, 19 APRIL 1977 AND WHEREAS, the bid for dust oil was rejected because dust oil can be purchased on the open market at less cost, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for 3/8 inch and 3/4 inch bituminous patching material at $9.00 a ton at plant and $10.50 a ton delivered, and granular ma- terial at $0.50 a ton at pit to C. S. McCrossan, Inc.; and for sand at $0.67 a ton at pit and $1.62 a ton delivered, and for Class 5 gravel �— at $1.17 a ton at pit and $2.12 a ton delivered to Barton Contracting Company, and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contracts. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. �. -- ayor ATTEST: City Clerk The City Manager presented for consideration by the Council the resig- nation of Ed Sipe from the Environmental Commission. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ac- cept the resignation of Ed Sipe from the Environmental Commission and instruct the City Manager to send him a letter of thanks and apprecia- tion. Motion Carried. The City Engineer presented for consideration by the Council the bids for Improvement #56-C (32nd Avenue from Nevada to Louisiana). Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-21 RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF IMPROVEMENT #56-C WHEREAS, the City of Crystal did advertise for bids for street Improvement No. 56-C (32nd Avenue from Nevada to Louisiana and Mary- land Avenue from 32nd Avenue to dead end north), and WHEREAS, such bids were received and publicly opened on April 4, 1977, and tabulated as follows: 19 APRIL 1977 Concrete Curb Co. $37,577.15 Alexander Construction. Co., Inc. $38,462.05 Bury & Carlson, Inc. $40,918.70 Hardrives, Inc. $42,888.44 AND WHEREAS, Concrete Curb Company is the apparent low bidder, and most responsive to the specifications, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract in the amount of $37,577.15 for street Improvement No. 56-C (32nd Avenue from Nevada to Louisiana and Maryland Avenue from 32nd Avenue to dead end north) to Concrete Curb Company, and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. Mayor ATTEST: City Clerk The City Manager presented for consideration by the Council the appli- cation for a tree triianin license from Arbor Tree Service. g 1� Moved by Councilman Aaker and seconded by Councilman Brisky to approve the authorization to issue a tree trimming license to Arbor Tree Ser- vice. Motion Carried. The City Manager presented to the Council a resolution authorizing the public sale of property gathered by the Police Department to be held on April 30, 1977, at 10:00 A.M. at the Crystal Municipal Garage. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-22 RESOLUTION AUTHORIZING PUBLIC AUCTION WHEREAS, the City of Crystal Police Department has, over the past six months, kept in their custody many lost, mislaid, stolen or aban- doned bicycles which have not been reclaimed by the owners, and WHEREAS, it is in the best interests of the City of Crystal to dispose of said bicycles by public auction, 19 APRIL 1977 NOW, THEREFORE, BE IT RESOLVED that the City Manager is author- ized and directed to publish notice of an auction of all such bicycles that have been in the custody of the City of Crystal Police Department for over six months, and to hold a public auction of such bicycles at 10:00 A.M., April 30, 1977, at the Crystal Municipal Garage, 6125 - 41st Avenue North, and FURTHER, BE IT RESOLVED that certain other surplus City -owned equipment which has been adjudged to be surplus, be sold at the same public auction. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg. Motion carried, resolu- tion declared adopted. May ATTEST: I City Clerk The City Manager brought to the Council's attention information concern- ing the placement of the median east of Hampshire on Bass Lake Road which was part of the County Improvement project. The Council agreed that the Mayor discuss the matter and the concerns of the businessmen with County Commissioner John Derus. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on �2% 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 Councilman Aaker and seconded by Councilman Bertrand to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayo /33 3 MAY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on May 3, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Bertrand; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; William Sherburne, City Engineer; John Olson, Administra- tive 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 meeting of April 19, 1.977 were approved. Councilman Bertrand arrived at 7:03 P.M. The City Manager presented for consideration by the Council the Second Reading of an ordinance vacating a utility and drainage easement in Murray Lane 9th Addition. Mr. Platzer, 5221 Regent Avenue North, ap- peared on this matter and after discussion the following motion was \ made: Moved by Councilman Bertrand and seconded by Councilman Rygg to table the second reading of the ordinance until the next Council meeting. Motion Carried. Mr. Mark Hanlon, 5016 - 52nd Avenue North, appeared before the Council to appeal the City Manager's denial of his request for an exception to the recreational vehicle ordinance. Discussion was held on the alter- natives for parking the trailer after which the following motion was made: D -- Moved by Councilman Bertrand and seconded by Councilman Brisky that the decision of the City Manager in denying the exception to the recrea- tional vehicle ordinance is reversed and the exception is granted for one year provided that the trailer is parker' closer to the house on the east side, and does not extend beyond the front of the house. Motion Carried. The City Attorney presented for consideration by the Council the ques- tion to appear on the June 7, 1977 referendum ballot. The City Manager explained some changes in the resolution as presented by the Attorney. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: ,2�_ 3 MAY 1977 RESOLUTION 110. 77-23 A RESOLUTION RELATING TO A SPECIAL ELECTION PURSUANT TO REFERENDUM PROVISIONS OF THE CITY CHARTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL: 1. At its April 19 regular meeting the Council, acting pursuant to City Charter Section 5.10, set Tuesday, June 7, 1977, as the date of a special election on the question of the approval of Ordinance No. 77-6. 2. The form of question for said election prepared by the City Attorney pursuant to Council direction is approved. 3. The election shall be held and conducted in accordance with the laws of the State of Minnesota relating to special elections and the City Charter. 4. The City Clerk shall cause Notice of Election in the form attached as Exhibit A to be posted and published as required by law as follows: Notice of Election shall be published in the official newspaper at least three weeks prior to the election; the notice to- gether with a sample ballot shall be posted in each polling place at least ten days prior to the election; and a sample ballot shall be posted in the Clerk's office for public inspection at least four days prior to the election. 5. The polling places and judges for the election shall be those established by subsequent action of the Council of this date. The polls shall open at 7:00 A.M. and shall remain open until 8:00 P.M. 6. The City Clerk is authorized and directed to prepare printed paper ballots for the election in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF CRYSTAL JUNE 7, 1977 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the adoption of the ordinance, place a cross mark (X) in the square opposite the word YES. Voters desiring to vote against the adoption of the ordinance, place a cross mark (X) in the square opposite the word NO. SHALL CITY ORDINANCE NO. 77-6, ENTITLED "AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS", WHICH IN ITS ENTIRETY READS AS FOLLOWS: 3 MAY 1977 "ORDINANCE NO. 77-6 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS THE CITY OF CRYSTAL DOES ORDAIN: Section 1. The zoning district classification of the following described land is hereby changed as follows: Description of Land: That part of Lot 10 lying S of N 250' thereof and lying E of W 100' thereof and that part of N 250' of Lot 10 lying E of W 110' thereof except road. Rob- binsdale Gardens Addition. Present Classification: I-2 District heavy industrial New Classification: R-4 District high density residential Sec. 2. The Zoning Administrator is authorized and di- rected to make the appropriate changes in the Zoning District map on file in the office of the City Clerk in accordance with Crystal City Code. Appendix I, Subsection 515.17, Sub- division 2. Sec. 3. This ordinance is effective in accordance with Subsection 110.10 of the City Code." BE ADOPTED? YES NO City Clerk Judges 136 u 3 MAY 1977 7. The City Council shall meet in the Council Chambers on Wednes- day, the 8th day of June, 1977, at 7:00 o'clock P.M. to canvass the results of the election and to declare the results thereof. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Manager presented for consideration by the Council a report from the City Clerk regarding polling places and judges for the June 7 refer- endum. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to approve the list of election judges and polling places for the June 7, 1977 Special Election, as follows: WARD #1 PRECINCTS 1 & 2 NEILL SCHOOL Marilyn Ensminger 3418 Georgia Ave. N. Elizabeth Ziminski 3348 Florida Ave. N. Patricia Benson 3340 Hampshire Ave. N. Patricia Prentice 7608 30th Ave. N. WARD #3 PRECINCTS 1, 2, & 3 FOREST SCHOOL Diane Malmberg 6807 47th Ave. N. Arlene VanRissenghem 4500 Brunswick Ave. Anne Weinard 4710 Orchard Claire Clair 5307 Edgewood WARD #2 PRECINCTS 1 & 2 CITY HALL Florence Gaulke 3924 Douglas Dr. N. Eileen Broman 3857 Idaho Joan Mossey 4557 Louisiana Iva Oberg 4224 Kentucky WARD 4 PRECINCTS 1 & 2 THORSON SCHOOL Bernadine Plasencia 5841 Pennsylvania N. Lorraine LaFontaine 5824 Nevada Ave. N. Jacqueline Johnson 7608 59th Ave. N. Lucille Dougherty 7724 58th Place N. Motion Carried. 3 MAY 1977 Moved by Councilman Langsdorf and seconded by Councilman Brisky to hold the regular Council meeting of June 7, 1977 on June 8, 1977 follow- ing the canvass of the election. Motion Carried. The City Manager presented for consideration by the Council the remov- ing of a building at 3412 Xenia Avenue North. Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was suspended by unani- mous consent: RESOLUTION NO. 77-24 A RESOLUTION RELATING TO CERTAIN HAZARDOUS PROPERTY WITHIN THE CITY BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. Pursuant to Sections 463.15 to 463.261, inclusive, Minnesota Statutes, 1976, the City Council of the City of Crystal, Minnesota, finds that the structure located at 3412 Xenia Avenue North upon the parcel of land legally described as follows: Lot Nine (9), Block One (1), Hipp's Valley View 2nd Addition, to be hazardous within the meaning of the aforesaid statute for the following reasons: a. The existing furnace is defective and must be replaced. b. The electrical wiring is defective and must be replaced with 100 amp service. c. The existing piping must be replaced with copper piping. d. The existing hot water heater must be replaced. e. Many of the windows, sash, window casings, and sill joists are rotted and must be replaced. f. The ground must be removed to 18 inches below the joists. g. The water system and plumbing do not meet the City requirements. h. The kitchen cabinets and sink base must be re- placed. i. The kitchen floor must be retiled. j. Many of the floor boards in the living room, cor- ner bedroom and middle bedroom are rotted and must be replaced. /3? 3 MAY 1977 k. Many of the studs in the middle bedroom are rotted and must be replaced. _ 1. All interior walls and ceilings must be sheet - rocked. M. Interior doors and millwork must be replaced. n. The existing roof is defective and many of the roof boards are rotten. o. The front and back outside doors are in dis- repair and must be repaired. p. The front and back landings are decomposed and must be replaced. q. Many of the windows are broken and must be re- placed. r. Exterior stucco is in disrepair and needs re- placement. S. Several of the facia and eave boards are rotted and need replacement. t. The chimney is in a dangerous condition and must be replaced. U. The house is vacant. 2. Pursuant to the foregoing and in accordance with the said ._ statute, the City Manager is hereby authorized and directed to order the owner of said property to correct the above deficiencies or to remove or raze such hazardous building and that such repair, razing or removal be completed within 30 days of the date of service of said Order. 3. The City Manager shall advise the owner that unless such ac- tion is taken or an answer served upon the City and filed in the office of the Clerk of District Court for Hennepin County, Minnesota within 20 days of the date of the service of the Order upon him, a Motion for Summary Enforcement of the Order will be made to the District Court. 4. The City Manager shall further advise the owner that if the City is compelled to take any corrective action herein all necessary costs will be assessed against the real estate and all necessary ex- penses will be certified to the County Auditor for collection and that such costs and expenses will be collected as other taxes. 5. The City Manager is further authorized to give the above no- tice to any lien holders of record. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsm"- Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: J r City Clerk !69 3 MAY 1977 The City Manager presented for consideration by the Council the resig- nation of Mary Hagen from the Human Relations Commission. Moved by Councilman Rosenthal and seconded by Councilman Brisky to accept the resignation of Mary Hagen from the Human Relations Commis- sion and direct the City Manager to send her a letter of thanks and appreciation. Motion Carried. The City Manager presented for consideration by the Council an ordinance adopting Chapter 70 of the Appendix of the Uniform Building Code en- titled, "Excavation and Grading". Moved by Councilman Rosenthal and seconded by Councilman Rygg to adopt '7 the following ordinance, and to instruct the staff to define the size of the project covered by the ordinance: ORDINANCE NO. 77-/Z AN ORDINANCE RELATING TO GRADING AND EXCAVATIONS: AMENDING CRYSTAL CITY CODE BY ADDING A SUBSECTION: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 415.01 AND 415.03 and further, that the second and final reading be held May 17, 1977. Motion Carried. The City Engineer presented for consideration by the Council Improve- ment Project No. 57-A--sealcoating streets and alleys and blacktopping alleys. 19 Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to request the City Engineer to prepare a feasibility report on Im- provement No. 57-A. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Brisky to accept the feasibility report as presented by the City Engineer and set 7:00 P.M., May 24, 1977 as the time and date for a public hearing on the proposed Improvement Project 57-A. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for a tree trimmer's license from the United Tree Service. (� Moved by Councilman Bertrand and seconded by Councilman Rygg to approve the application for a tree trimmer's license of United Tree Service. Motion Carried. The City Manager presented for consideration by the Council a request from the Iron Horse for a variance to the sign ordinance. Phillip Eder appeared. IC) .-. Moved by Councilman Aaker and seconded by Councilman Langsdorf that the Council, having considered the factors specified in Subsection 406.30, relating to sign variances, deny the request for variances /4 c 3 MAY 1977 to the sign ordinance as requested by Donald Jones for the Iron Horse, 5630 Lakeland Avenue North, based on the following Findings of Fact: 1. Requires three extensive and substantial variances to the sign ordinance (406.17, Subd. 3(c), height; 406.17, Subd. 3(c), size; 406.13, Subd. 6 and 7, setback); 2. Financial hardship, the reason for a variance request, Id has not been shown and is not a grounds for a vari- ance; 3. No attempt has been made to submit plans for con- struction of a sign which would require fewer vari- ances or no variances at all; and 4. The sign has been continued for more than 60 days after change of effective control of business in violation of Section 406.31, Subd. 7(a) of the City Code. By roll call and voting aye: Rygg, Langsdorf, Aaker, Rosenthal, Meintsma; voting no: Bertrand, Brisky. Motion Carried. Discussion was held on the joint Crystal -New Hope meeting of May 2, 1977. Councilman Langsdorf reported on the meeting of May 2, 1977 and after discussion on storm drainage, the Council agreed to have the staff look into alternatives for water storage but also indicated that New Hope should be looking into creating more storage capability. The Council then discussed the Bass Lake Road improvement project and agreed that the Mayor should send a letter to New Hope restating the Crystal position on the project. Councilman Rygg then informed the Council that an open house for Crys- tal Council and staff at the Northwest YMCA would be held and that 1the YMCA asked that the Council set a date for the visit from Crystal. The Council agreed on June 2, 1977 from 7:00 P.M. to 10:00 P.M. \�-k Mayor Meintsma informed the Council that he did have a nominee for the vacant position on the Civil Service Commission. He said his nomi- nee would be Marie Sellner. Moved by Councilman Rygg and seconded by Councilman Bertrand to affirm the Mayor's appointment of Marie Sellner to the Civil Service Commis- sion for a term ending December 31, 1979. Motion Carried. 3 MAY 1977 Moved by Councilman Langsdorf and seconded by Councilman Aaker 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 a food establishment license for Joe Yee's Cafe at 6418 56th Avenue North, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Mayor 17 MAY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on May 17, 1977 at 7:00 P.M. at 4141 Douglas, Drive North., Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Aaker; the following were absent: Rosenthal; also present were the following staff members: John T. Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Walter Arnt- zen, Building Inspector; John Olson, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Councilman Rosenthal arrived at 7:02 P.M. The minutes of the regular meeting of May 3, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on a request by Park Metropolitan Investment Fund, Inc., for a variance of lot width, lot area and rear yard setback for Lot 7, Block 2, Murray Lane 9th Addition. The Mayor asked those present to voice their opinions or ask questions concern- ing the proposed variance. The following persons were present and were heard: Steve Coddon, Mrs. Barclay, and Mr. Platzer. Moved by Councilman Bertrand and seconded by Councilman Rygg that pur- suant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15, Subd. 2(a-1) to grant a vari- ance of 8 feet on the lot width; Section 515.15, Subd. 2(d-1) to grant a variance of 1200 square feet in the lot area requirements; and Sec- tion 515.13, Subd. 4(a) to grant a variance of 10 feet on the rear yard setback on Lot 7, Block 2, Murray Lane 9th Addition, as recommended by and based on the findings of fact of the Planning Commission, with the condition that the garage be attached and have a minimum of one stall. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Woolstons 9th Addition located at 52nd and Hanson Court. The Mayor asked those present to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to grant tentative approval of Woolstons 9th Addition. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by the Modern Tool Company for a variance of the off-street parking requirements on the NEly 270.4 feet of Lots 8, 9, and 10, Block 2, Hanson's Addition, to permit the required parking on Lot 3, Block 1, Mars 2nd Addition. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. Mr. Timmerman appeared and was heard. 1435" 17 MAY 1977 Moved by Councilman Bertrand and seconded by Councilman Brisky that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 6(a) to grant a vari- ance in off-street parking requirements to permit parking on Lot 3, Block 1, Mars 2nd Addition, as recommended by the Planning Commission, and contingent upon continued ownership by Modern Tool of Lot 3, Block 1, Mars 2nd Addition. Motion Carried. The City Manager presented for consideration by the Council a request by the Modern Tool Company to rezone Lot 3, Block 1, Mars 2nd Addition, 5132 Hanson Court, from I-2 to P-1. The Planning Commission recommended approval. V Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-/g AN ORDINANCE REZONING CERTAIN PARCELS OF LAND WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on June 8, 1977. Motion Carried. The Jaycees were present to discuss a proposal concerning a tree trust. -- John Manning and Jerry Gaasland of the Jaycees presented a $1,000 check to the Mayor for purchasing trees as part of the tree trust program. The City Manager presented for consideration by the Council the Second Reading of an ordinance vacating the utility and drainage easement in Murray Lane 9th Addition. Mr. Platzer appeared and asked that the matter be tabled. CO Moved by Councilman Bertrand and seconded by Councilman Rosenthal to table the Second Reading of the ordinance until the June 8, 1977 meet- ing. Motion Carried. The City Manager presented for consideration by the Council a request by Target Stores to rezone a part of Lot 1, Block 1, Cardinal Court Addition, 5537 West Broadway, from B-4 to B-3 and for a conditional use permit to allow a motor fuel station. The Planning Commission recommends approval. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77- <3 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on June 8, 1977. Motion Carried. /44 17 MAY 1977 Moved by Councilman Langsdorf and seconded by Councilman Brisky to approve the request for a conditional use permit (Section 515.35, Subd. 4-c) to allow a motor fuel station on the following described property: Commencing at the NEly corner of Lot 1, Block 1, Cardinal Court Addition; thence SEly along the SWly line of West Broadway 100 ft.; thence SWly at right angles 183 ft.; thence SEly parallel to the SWly line of West Broadway 150 ft.; thence NEly at right angles 183 ft.; thence Nally along the SWly line of West Broadway 150 ft. to point of beginning. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit by Target Stores, Inc., for remodeling the existing gas station at 5537 West Broadway. Moved by Councilman Rosenthal and seconded by Councilman Aaker to table this matter until the June 8 meeting. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit by VanMan Construction Company for an airplane hangar at the Crystal Airport. �D Moved by Councilman Rygg and seconded by Councilman Bertrand to approve, as recommended by the Planning Commission, the authorization to issue building permit #25691 to VanMan Construction Company to build an air- plane hangar on Leased Lot 62C, Crystal Airport, subject to standard procedure. After discussion about the use and need for the hangar, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Aaker to table the matter until the June 8 meeting. Motion Carried. The City Engineer presented for consideration by the Council final approval of Sunnybrook Acres 4th Addition. Moved by Councilman Rosenthal and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-25 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted subdivision regulations for the orderly, economic, and safe develop- ment of land within the City, and 17 MAY 1977 WHEREAS, the City Council has considered the application for a subdivision plat for Sunnybrook Acres 4th Addition, as submitted by Everett K. Pearson, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City I� of Crystal hereby approves the plat entitled SUNNYBROOK ACRES 4TH AD- DITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk The Building Inspector presented for consideration by the Council a request by St. Raphael's.Church for remodeling and alterations to the exterior of the church at 7301 - 56th Avenue North. 1 Moved by Councilman Rygg and seconded by Councilman Brisky to approve, as recommended by the Planning Commission the authorization to issue building permit #25762 to Bobco, Inc., for remodeling and alterations to the exterior of St. Raphael's Church located at 7301 - 56th Avenue North. Motion Carried. The City Engineer presented for consideration by the Council the set- ting of a public hearing on the variance request at 4134 Douglas Drive. Moved by Councilman Bertrand and seconded by Councilman Aaker to set 7:00 P.M., June 8, 1977, as the time and date for the public hearing at which time the Council will sit as a Board of Adjustments and Appeals to consider the request for a variance to Section 515.07, Subd. 5-b. Motion Carried. The City Engineer presented for consideration by the Council the set- ting of a public hearing on the variance request at 5411 - 54th Avenue North. Iq Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., June 8, 1977, 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 the request for a variance to Section 515.13, Subd. 4-a. Motion Carried. The City Engineer presented for consideration by the Council the set- ting of a public hearing on a variance request for 6305 - 45th Avenue 10 North. /46 17 MAY 1977 Moved by Councilman Langsdorf and seconded by Councilman Bertrand to set 7:00 P.M., June 8, 1977, 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 the request for a variance to Section 515.13, Subd. 4-a. Motion Carried. The City Engineer presented for consideration by the Council the set- ting.of a public hearing on a variance request for 3535 Brunswick Avenue North. Moved b Councilman y R ygg and seconded by Councilman Aaker to set 7:00 P.M., June 8, 1977, 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 the request for a variance to Section 515.13, Subd. 4-a. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance adopting Chapter 70 of an Appendix of the Uni- form Building Code, Excavating and Grading. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77-12 AN ORDINANCE RELATING TO GRADING AND EXCAVATIONS: AMENDING CRYSTAL CITY CODE BY ADDING A SUBSECTION: REPEALING CRYSTAL CITY CODE, SUBSECTIONS 415.01 AND 415.03 and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council the resig- nation of Mary Ann Eckenberg from the Planning Commission. Moved by Councilman Langsdorf and seconded by Councilman Rygg to accept the resignation of Mary Ann Eckenberg from the Planning Commission, and to instruct the City Manager to send a letter of thanks and appre- ciation. Motion Carried. The City Manager presented for consideration by the Council a request for a peddler's license from Robert M. Cook dba Boys Self Help Program. Robert Cook appeared. l Moved by Councilman Bertrand and seconded by Councilman Rosenthal to grant a transient merchant (peddler's) license to Robert M. Cook dba Boys Self Help Program. Motion Carried. The City Manager presented for consideration by the Council a request for a peddler's license from Allen E. Law dba Minneapolis Recreation Development. Allen Law appeared. 147 17 MAY 1977 Moved by Councilman Rygg and seconded by Councilman Aaker to grant a v transient merchant (peddler's) license to Allen E. Law dba Minneapolis Recreation Development. Motion Carried. The City Manager presented for consideration by the Council a request for a 3.2 beer license from Superamerica service station. Jim Ditlevson and Larry Skeie appeared. Moved by Councilman Rygg and seconded by Councilman Bertrand to table for further study the 3.2 beer off -sale license for Larry J. Skeie dba Superamerica, Inc., at 5359 West Broadway. Motion Carried. The City Manager presented for consideration by the Council the report of the Building Inspector on the Iron Horse Restaurant. Phillip Eder and his attorney, Ed Cohen, appeared. After discussion concerning the work being done at the Iron Horse, the following motion was made: 2 Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to proceed to prosecute Phillip Eder for violation of the Crystal City Code on the basis of the report submitted by the Building Inspector. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to request a transcript of the Council discussion for the granting of the liquor license for Phillip Eder. Motion Carried. The City Manager presented for consideration by the Council a resolution redefining the level of funding for the Suburban Public Health Nursing Service. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-26 RESOLUTION REDEFINING THE LEVEL OF FUNDING FOR THE SUBURBAN PUBLIC HEALTH NURSING SERVICE WHEREAS, the City Council authorized, in the 1977 budget, an ap- propriation for Suburban Public Health Nursing Service (SPHNS) programs in an amount of 68� per capita; and WHEREAS, the Community Health Service Act, through Hennepin County, will provide subsidy resources to support the provision of public health nursing services to municipalities at a rate of 40� per capita; and WHEREAS, this subsidy will lower the contribution of the City of Crystal to SPHNS in a like amount; /4 e, 17 MAY 1977 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal: To restate the City Council's acceptance of programs and services as comprehended during development of the 1977 budget and to redefine the level of budget funding for those programs and services at a rate of 28� per capita, the 40� per capita balance of the costs to be financed by state subsidy. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. a ATTEST: City Clerk The City Engineer presented for consideration by the Council a report concerning the improvement project on 36th Avenue (Regent to June Aven- ues). ven- ues). Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-27 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 36TH AVENUE WHEREAS, the Commissioner of the Department of Transportation for the State of Minnesota has caused to be prepared: plans, special pro- visions and specifications for the improvement of Trunk Highway No. 278, renumbered as Trunk Highway No. 278, within the corporate limits of the City of Crystal, from Regent Avenue to France Avenue; and WHEREAS, said plans are on file in the Office of the Department of Transportation, St. Paul, Minnesota; being marked, labeled and iden- tified as: 2756-08 (278=278); and WHEREAS, said special provisions are on file in the Office of the Department of Transportation, St. Paul, Minnesota; being marked, labeled and identified as: S.P. 2756-08 (278=278), and which, to- gether with, the Minnesota Department of Highways Standard Specifica- tions for Highway Construction, dated January 1, 1972, as amended by Minnesota Department of Highways Supplemental Specifications for High- way Construction, dated April 1, 1976, will govern, and which are on file in the Office of the Commissioner of Department of Transportation, constitute the specifications for said improvement of Trunk Highway No. 278, renumbered as Trunk Highway No. 278; and, /-49 17 MAY 1977 WHEREAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the Office of the City Clerk; and, WHEREAS, the term, said plans and special provisions, as hereinafter used in the body of this Resolution will be deemed and intended to mean, refer to and incorporate the plans and special provisions in the foregoing recitals particularly identified and described; and, WHEREAS, the Commissioner of the Department of Transportation desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Crystal, on said Trunk Highway No. 278, renumbered as Trunk Highway No. 278, will be parallel with the curb adjacent to the highway and will be at least 20 feet from any crosswalk. "2LI NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway No. 278, renumbered as Trunk High- way No. 278, within the corporate limits of the City of Crystal, be and hereby are approved. BE IT FURTHER RESOLVED that the City of Crystal does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 278, renumbered Trunk Highway No. 278, will be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the con- struction of Trunk Highway No. 278, renumbered Trunk Highway No. 278, in accordance with said plans and special provisions. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk Moved by Councilman Rygg and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: /sc 17 MAY 1977 RESOLUTION NO. 77-27A BE IT RESOLVED that the City of Crystal enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: To remove the existing signals and to provide new traffic control signals with street lights and signing on Trunk Highway No. 278 (36th Avenue North) at Noble Avenue in accordance with the terms and condi- tions set forth and contained in Agreement No. 58590, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Meintsma, Aaker. Motion carried, resolution declared adopted. Mayor ATTEST: City Clerk Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-28 RESOLUTION PROVIDING FOR CITY PAYMENT FOR CONSTRUCTION PROJECT BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for payment by the City of Crystal to the State of the City's cost shares of cooperative joint -use storm sewer facilities construction and the construction of concrete curb and gutter, concrete and bituminous walk and other associated and miscellaneous items to be performed by the State under contract upon, along and adjacent to Trunk Highway No. 278 (36th Avenue North) between Regent Avenue North and June Avenue North within and adjacent to the corporate City limits. BE IT FURTHER RESOLVED that the Mayor and City Manager be and they hereby are authorized to execute such agreement. (Cooperative Construc- tion Agreement No. 58582) /S/ 17 MAY 1977 By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. May -at' ATTEST: f.�1%C."C'/l�� i �C:'Yl /7'YUli✓Ltd✓ City Clerk The City Engineer presented for consideration by the Council bond agree- ment and final approval of Valley View Park 2nd Addition. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to accept a deposit in the amount of $48,000 from Raymond P. Stegora in lieu of a bond for Valley View Park 2nd Addition and place in a daily interest passbook account at First Federal Savings and Loan with the interest accrued going to Raymond P. Stegora, as a guarantee of faith- ful performance of certain work requirements as a condition of final approval of Valley View Park 2nd Addition. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Brisky to enter into agreement with Raymond P. Stegora for the purpose of guaranteeing faithful performance for certain work requirements as a condition of final approval of Valley View Park 2nd Addition, and further, to au- thorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-29 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development -27 of land within the City, and WHEREAS, the City Council has considered the application for a sub- division plat for Valley View Park 2nd Addition, as submitted by Richard L. Dempsey, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City _ of Crystal hereby approves the plat entitled VALLEY VIEW PARK 2ND AD- DITION, City of Crystal, Hennepin County, Minnesota. 17 MAY 1977 By roll call and voting aye: Bertrand, Rygg, Langsdorf, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. _ I Mayes___. ATTEST: City Clerk The City Engineer presented for consideration by the Council a bond release for Dairyland Liquor II, 5616 Lakeland. Moved by. Councilman Rygg and seconded by Councilman Rosenthal to accept the work required as a condition of building permit approval for Dairy - land Liquor II, 5616 Lakeland Avenue North, subject to guarantee pro- visions of the agreement of this date, and that bond of the Home Indem- nity Company of New York No. NB583820 in the amount of $2,800 be released, subject to said guarantee, as recommended by the City Engineer. Motion Carried. The City Engineer presented for consideration by the Council a bond release for Kabul Records, 5415 West Broadway. C� Moved by Councilman Rosenthal and seconded by Councilman Aaker to re- lease the bond required of Kabul Records, 5415 West Broadway and is- sued by United Pacific Insurance Company of Washington in the amount of $3,600 because the property has been acquired by another party and site development is currently being performed under agreement with the new owner. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, with the exception of the 3.2 beer off -sale license for Larry J. Skeie dba Superamerica, Inc., 5359 West Broadway; and with the exception of the off -sale liquor license for Ye Olde Lamplighter Liquor, Inc. dba Ye Olde Lamplighter Liquor, Inc., 2728 Douglas Drive North; a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to adjourn the meeting. Motion Carried. ATTEST: I � , City Clerk Mayor 24 MAY 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on May 24, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Aaker; the following were absent: Rosenthal; also present were the following staff members: John Irving, City Manager; James Larson, City. Attorney's Office; William Sherburne, City Engineer; Peter Herlofsky, Assistant City Manager; Daniel Smith, Assistant City Engineer; John Olson, Administrative Assistant; and Betty Bye, Assessment Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Councilman Rosenthal arrived at 7:03 P.M. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Improvement Pro- ject 57-A (sealcoat streets and alleys, blacktop alleys). The Mayor asked those present to voice their opinions and to ask questions con- cerning the proposed project. The following persons were present and were heard: Mrs. Luitjens, 3457 Major Dave Folsom, 3027 Wisconsin N. Sue Lindberg, 3324 Zane John Proux, 3425 Welcome Jerry Martin, 8608 32nd Place George Aebly, 3419 Welcome Robert Childs, 3407 Welcome (presented petition objecting to assess- ment for improvement) Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-30 RESOLUTION ORDERING IN THE CONSTRUCTION OF SEAL - COAT IMPROVEMENT PROJECT 57-A WHEREAS, it has been proposed to proceed with Sealcoat Improvement Project 57-A, 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 ordered -- constructed as set out in the Notice of Public Hearing, published in the North Hennepin Post May 13, 1977, and May 19, 1977, which hearing was held on May 24, 1977, which Notice of Public Hearing is incorporated into and made a part of this resolution as if set forth in full herein, including the respective cost estimates thereof. 24 MAY 1977 BE IT FURTHER RESOLVED that all properties located upon each of the abutting streets as listed in aforesaid Notice for Improvements No. 57-A, shall be hereinafter designated Sealcoat Improvement Project 57-A, and IT IS FURTHER RESOLVED that the entire cost of the above designated improvement, including the cost of engineering, interest during con- struction and necessary incidental expenses shall be assessed against \ all real property benefited by such improvement as listed above. BE IT FURTHER RESOLVED that the City Engineer be instructed to provide the City with final detailed plans and specifications for Seal - coat Improvement Project 57-A, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Sealcoat Improvement Project 57-A. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Meintsma, Aaker. Motion carried, resolution declared adopted. ATTEST: 4-Z& Assessm nt Cle Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-31 RESOLUTION ORDERING IN THE CONSTRUCTION OF BLACK- TOP ALLEY IMPROVEMENT PROJECT 57-A WHEREAS, it has been proposed to proceed with Blacktop Alley Im- provement Project 57-A, 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 ordered constructed as set out in the Notice of Public Hearing, published in the North Hennepin Post May 13, 1977 and May 19, 1977, which hearing was held on May 24, 1977, which Notice of Public Hearing is incorpor- ated into and made a part of this resolution as if set forth in full -- herein, including the respective cost estimates thereof. /5-.5- 24 MAY 1977 BE IT FURTHER RESOLVED that all properties located upon each of the abutting streets as listed in aforesaid Notice for Improvements No. 57-A, shall be hereinafter designated Blacktop Alley Improvement Project 57-A, and IT IS FURTHER RESOLVED that the entire cost of the above designated improvement, including the cost of engineering, interest during con- struction and necessary incidental expenses shall be assessed against all real property benefited by such improvement or improvements as listed above. BE IT FURTHER RESOLVED that the City Engineer be instructed to provide the City with final detailed plans and specifications for Black- top Alley Improvement Project 57-A, as set forth in this Resolution, and BE IT FURTHER RESOLVED that the City Manager be directed to cause notice of advertisement for bids to be published according to law for the construction of Blacktop Alley Improvement Project 57-A. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: 4 zeti, Ae� AssesAment Clerk The City Manager asked the Council to expand the meeting to consider a license for Rod Hopp Shows (a carnival). 3 - Moved by Councilman Aaker and seconded by Councilman Rosenthal to ex- pand the meeting to include discussion of the license for Rod Hopp Shows. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the carnival license and an itinerant food establishment license for Rod Hopp Shows, Inc., for the period of June 1, 1977 through June 5, 1977. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. Mayor--=' ATTEST: 1 A / 1f Assessm nt Cle 4:57 " 7 JUNE 1977 Board of Equalization Pursuant to due call and notice thereof, the City of Crystal Council convened as a Board of Equalization at the City Hall, 4141 Douglas Drive North, Crystal, Minnesota, at 7:00 P.M. on June 7, 1977. The Secretary called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Peter Herlof- sky, Assistant City Manager; and Roger Olson, City Assessor. Mayor Meintsma led the Council and the audience in the Pledge of Alle- giance to the Flag. 1 Mayor Meintsma presented Mr. Roger Olson, City Assessor, to discuss and answer questions regarding the 1977 assessment rolls. The following persons appeared to discuss the value placed on their property: Gary Gundlach, 5757 Adair; Karen Johnson, 5717 Perry; Mar- vin Scheelk, 8016 - 34th Avenue North; and John Schaaf, 4908 Quail. Moved by Councilman Rosenthal and seconded by Councilman Aaker to ad- journ the meeting as the Board of Equalization. Motion Carried. M o 1S7 8 JUNE 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on June 8, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the following staff members were also present: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Walter Arntzen, Building Inspector; John Olson, Admin- istrative 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 meeting of May 17 and the Special meeting of May 24, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by Stanley Staye for a variance in the permitted area of an accessory building and to waive the requirement that an accessory building be located in the rear yard at 4134 Douglas Drive. The Mayor asked those present to voice their opinions or ask questions concerning the proposed variance. The following persons were present and were heard: Stanley Staye, 4134 Douglas Drive. ' Moved by Councilman Rosenthal and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5-b, to grant a vari- ance of 106 square feet and to waive the requirement that the accessory building be located in the rear yard on that part of Lot 28, Glenwood Manor, lying West of the East 163.5 feet thereof and subject to a drain- age and utility easement over the East 5 feet thereof, subject to the conditions of approval as stated by and based on the findings of fact of the Planning Commission on May 9, 1977. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by Dirk P. Vogel for a variance to the rear yard setback at 5411 - 54th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the proposed variance. No one appeared. Moved by Councilman Bertrand and seconded by Councilman Brisky that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a vari- ance of 31 feet of the rear yard setback on Lot 4, Block 1, Hiawatha Manor 3rd Addition, as recommended by and based on the findings of fact of the Planning Commission on May 9, 1977. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for 13, the public hearing on the request by Duane Opitz for a variance of rear yard setback at 6305 - 45th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the proposed variance. No one appeared. /_5;�' 8 JUNE 1977 Moved by Councilman Rygg Iand seconded by Councilman Bertrand that pur- suant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a vari- ance of 21.2 feet in`the required 40 feet rear yard setback on the East 149.5 feet of the North 1/2 of Lot 1, Fairview Acres, as recommended by and based on the findings of fact of the Planning Commission on May 9, 1977. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by J. C. Bennett for a variance to the rear yard setback at 3535 Brunswick. The Mayor asked those present to voice their opinions or ask questions concerning the proposed variance. Mr. J. C. Bennett, 3535 Brunswick was present. Moved by Councilman Rygg and seconded by Councilman Langsdorf that pur- suant 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 10 feet in the rear yard setback at 3535 Brunswick Avenue North, on that part of the North 85 feet of the South 170 feet of Lot 1, Block 4, Rosedale Acres, except street, as recommended by the Planning Com- mission. Motion Carried. Mayor Meintsma declared this was the time and place for the official canvass of the results of the Special Election of June 7, 1977. The results are as follows: Ward 1 Ward 2 Ward 3 Ward 4 Total FOR THE PROPOSITION 137 195 246 163 741 AGAINST THE PROPOSITION 1,071 646 399 232 2,348 Total Votes Cast --3,089 No. of Spoiled Ballots --4 The Judges of Election were: Marilyn Ensminger, Elizabeth Ziminski, Patricia Benson, Patricia Prentice, Florence Gaulke, Eileen Broman, Bernice Berg, Iva Obex -g-_, Diane Malmberg, Arlene VanRissenghem, Anne Weinard, Claire Clair, Bernadine Plasencia, Lorraine LaFontaine, Jac- queline Johnson, and Lucille Dougherty. Moved by Councilman Aaker and seconded by Councilman Rosenthal that the official canvass of the Special Election held on June 7, 1977 hereby declares that ORDINANCE NO. 77-6 is NOT ADOPTED. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit by VanMan Construction Company for an (X airport hangar at the Crystal Airport. Moved by Councilman Rosenthal and seconded by Councilman Rygg to approve, as recommended by the Planning Commission the authorization to issue / 5- 8 JUNE 1977 building permit #25691 to VanMan Construction Company to build an air- L-; plane hangar on Leased Lot 62C, Crystal Airport, subject to standard procedure. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance to rezone property from B-4 to B-3 to allow a motor fuel station, as requested by Target Stores. Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following ordinance: `l ORDINANCE NO. 77-13 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL Moved by Councilman Bertrand and seconded by Councilman Langsdorf to table the Second Reading of the ordinance in order to check the required distances for underground storage tanks from public buildings. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance vacating a utility easement in Murray Lane 9th Addition. Mr. Platzer appeared and was heard. S Moved by Councilman Bertrand and seconded by Councilman Rosenthal to continue the consideration of the ordinance until the next regular Council meeting. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Brisky to take the matter of rezoning for a motor fuel station requested by Target Stores off the table. Motion Carried. After receiving the information regarding the required distances for underground storage tanks from public buildings, the Mayor called for a vote on the adoption of the following ordinance: ORDINANCE NO. 77-13 _1 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance rezoning Lot 3, Block 1, Mars 2nd Addition, 5132 Hanson Court from I-2 to P-1. Mr. George Timmerman was present. kU Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance: /(C 8 JUNE 1977 ORDINANCE NO. 77-14 '\C'' AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that this be the second and final reading. Motion Carried. The Building Inspector presented for consideration by the Council a building permit request for the Iron Horse Restaurant. Mr. Phillip Eder was present. Moved by Councilman Bertrand and seconded by Councilman Brisky to ac- cept a letter of credit in lieu of bond in the amount of $14,000 from Phillip Eder as a guarantee of faithful performance of certain work requirements as a condition of issuance of a building permit for re- modeling and alterations in existing building at the Iron Horse Res- taurant, 5630 Lakeland Avenue North. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to enter into agreement with Phillip Eder for the purpose of guaranteeing faithful performance for certain work requirements as a condition of issuance of a building permit for remodeling and alterations in exist- ing building at 5630 Lakeland Avenue North, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Rygg to ap- prove the authorization to issue a building permit for remodeling and alterations to existing building at 5630 Lakeland Avenue North to Phil- lip Eder, subject to standard procedure. Moved by Councilman Rosenthal and seconded by Councilman Aaker to amend the motion to require that all inspections required would have to be done even if it means removing some of the work already done. Amendment Carried. Mayor Meintsma then called for a vote on the motion, as amended. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for a tree trimmer's license from Berry's Tree Service. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the authorization to issue a tree trimmer's license to Berry's Tree Service. Motion Carried. The City Manager presented for consideration by the Council a request for authorization to issue temporary tree trimmers' licenses prior to final approval by the City Council. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- prove authorization to issue temporary tree trimmers' licenses prior ,161 8 JUNE 1977 to final approval by the City Council, provided the applicants meet all the requirements of the ordinance. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-/9' AN ORDINANCE AMENDING THE CITY CODE, SECTION 1165 and further, that the second and final reading be held on July 5, 1977. Motion Carried. The City Attorney presented for consideration by the Council an ordinance amending City Code to provide for the licensing of the sale of tobacco and cigarettes. Moved by Councilman Rygg and seconded by Councilman Aaker to adopt \a the following ordinance: ORDINANCE NO. 77-/-/ AN ORDINANCE RELATING TO TOBACCO AND CIGARETTES: PRO- VIDING FOR THE LICENSING OF THE SALE THEREOF; AMENDING CRYSTAL CITY CODE, SECTION 1135 and further, that the second and final reading be held on July 5, 1977. Motion Carried. Mr. Wayne Blesi asked the Council about selling part of his land and dedicating the house at 7009 - 60th Avenue North, which he indicated , was the oldest house in Crystal, to the Historical Society. \� Mayor Meintsma explained that the proper procedure would be to appear before the Planning Commission. The City Engineer presented for consideration by the Council a main- tenance agreement with the Minnesota Department of Transportation. Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-32 RESOLUTION ENTERING INTO MAINTENANCE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the following frontage roads: E. Frontage Road - 47th Avenue N. to 51st Ave. N. E. Frontage Road - Wilshire Avenue to 62nd Ave. N. W. Frontage Road - 47th Avenue N. to Vera Cruz Ave. W. Frontage Road - Wilshire Avenue to CSAH 10 (Bass Lake Road) All in Crystal, Minnesota \ In 16Z 8 JUNE 1977 are an integral part of the City street system, and WHEREAS, the location of certain portions of these frontage roads cause a hardship in gaining access for State Department of Transpor- tation Maintenance vehicles, and WHEREAS, the Minnesota Department of Transportation recently up- graded the condition of these frontage roads to an acceptable level, and WHEREAS, the City of Crystal is willing to perform routine main- tenance on the frontage roads as provided herein, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal agrees to perform routine maintenance on said frontage roads keeping them in good repair, including but not limited to minor patching, snow and debris removal, control of vegetation, signing, striping, and minor drain- age structure maintenance, but shall not be construed so as to include resurfacing or heavy seal coating, at its sole cost and expense, AND FURTHER, BE IT RESOLVED that the Mayor and City Manager be authorized to sign the agreement with the Minnesota Department of Trans- portation in the maintenance of these frontage roads. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. --Mayor_ ATTEST: City Clerk The City Attorney presented for consideration by the Council an ordi- nance amending the City Code and relating to the use of certain terms in the City Code. Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt \� the following ordinance: ORDINANCE NO. 77-/6 AN ORDINANCE RELATING TO THE USE OF CERTAIN TERMS IN THE CITY CODE: ADDING A SUBSECTION TO THE CITY CODE and further, that the second and final reading be held on July 5, 1977. Motion Carried. The City Engineer presented for consideration by the Council the setting, of the assessment hearing for Improvement #55, #56, #57, and delinquent water, sewer and street lighting charges. 6; 3 8 JUNE 1977 __.. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to set 7:00 P.M., October 3, 1977, at the Crystal City Hall, as the time, date and place for the assessment hearing on Improvement Projects #55, #56, #57, and delinquent water, sewer and street lighting charges. Motion Carried. The City Manager presented for discussion by the Council a resolution 0� recently adopted by the Bassett Creek Flood Control Commission. Af- ter discussion, the matter was referred to the City staff for further review. The City Engineer presented for consideration by the Council a resolu- tion on the appropriation of municipal state aid funds. Moved by Councilman Langsdorf and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-33 -10 APPROPRIATION OF MUNICIPAL STATE -AID FUNDS TO C.S.A.H. OR T.H. PROJECT WHEREAS, it has been deemed advisable and necessary for the City of Crystal to participate in the cost of a construction project located on T.H. No. 278 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Depart- ment of Highways and identified in its records as S.P. No. 2756-08 (T.H. 278=278) MSA 116-010-02, NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State -Aid Street Funds the sum of $49,588.16 dollars to apply toward the construction of said project and request the Commis- sioner of Highways to approve this authorization. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk ' May -or - - The City Manager presented for consideration by the Council the appli- cation for a 3.2 off -sale beer license for Superamerica, Inc., per the City Attorney's recommendation, at 5359 West Broadway. Jim Ditlev- son, area manager for Superamerica, appeared, and was heard. Moved by Councilman Aaker and seconded by Councilman Brisky to deny the application for a 3.2 off -sale beer license for Superamerica, Inc., at 5359 West Broadway. Motion Carried. /(4 8 JUNE 1977 The City Attorney presented for consideration by the Council the sus- pension or revocation of the 3.2 off -sale beer license of P.D.Q. Stores,,..- 7200 tores,7200 - 56th Avenue North. Y Moved by Councilman Bertrand and seconded by Councilman Brisky to set a public hearing for July 5, 1977 to consider the revocation or suspen- sion of the 3.2 off -sale beer license of the P.D.Q. Store, 7200 - 56th Avenue North. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, with the exception of the tavern licenses, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. Mayor ATTEST: City Clerk /f5 21 JUNE 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on June 21, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Langsdorf, Bertrand; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Walter Arntzen, Build- ing Inspector; John Olson, 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 Board of Equalization meeting of June 7, 1977 and the regular meeting of June 8, 1977 were approved. Diane H. Schipper, 3425 Winnetka Avenue North, appeared before the Coun- cil to discuss the noise levels on Winnetka Avenue and the building of a warehouse in New Hope across from her property. After discussion on the material presented by Mrs. Schipper, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Rygg to write a letter to the City of New Hope expressing the Council's concern on the matter and asking the Council to delay a final decision on the ware- house proposed for the limited industry lot southeast of Winpark and Winnetka Avenue. Motion Carried. The City Manager presented for consideration by the Council a petition from residents opposing a previous petition which requested a blacktop alley between Yates and Zane Avenues between 47th and 48th Avenues North. The following persons appeared and were heard: Robert Borg, 4736 Zane Richard Wicks, 4713 Yates Carol Thompson, 4748 Zane Carol Harms, 4719 Yates Joy Hall, 4755 Yates After hearing discussion, no action was taken by the Council. The City Engineer presented for consideration by the Council a request from Richard Ipsen to rezone property at 5448 Orchard Avenue North from R-1 to R-2. The Planning Commission has recommended denial. The following persons appeared and were heard: Richard Ipsen, applicant Phil Johnson, 5511 Orchard Mr. & Mrs. John Ipsen, 4910 -54th Ed Davis, 5430 Orchard Mr. Larson, 4901 Wilshire Gordon Dahlen, 3455 Morgan Harold Dahlen, 5441 Twin Lake Terrace Ken Wagner, 5501 Orchard Moved by Councilman Rosenthal and seconded by Councilman Brisky to deny, as recommended by the Planning Commission, the rezoning request of Richard Ipsen at 5448 Orchard Avenue North, based on the following findings of fact: /6 � 21 JUNE 1977 1. It would consist of spot zoning, 'I' 2. There has been no change in the conditions in the area which would require a change in zoning, and 3. There was no mistake in zoning the property when the zoning for the area was established. Motion Carried. The Building Inspector presented for consideration by the Council a request for a conditional use permit from the U -Haul Company to allow the rental of trailers and trucks at 5465 Lakeland Avenue North. The Planning Commission recommended approval. �A Moved by Councilman Aaker and seconded by Councilman Rygg to approve, as recommended by the Planning Commission, the conditional use permit for the U -Haul Company of Minnesota to allow the rental of trucks and trailers at 5465 Lakeland Avenue North, provided that the property meets the requirements of Section 515.35, Subd. 4-e, and provided that the present sign is removed. Motion Carried. The Building Inspector presented for consideration by the Council a request for a conditional use permit from Superamerica to allow a motor fuel station and operate a retail store as an accessory use in conjunc- tion with the motor fuel station at 2756 Douglas Drive. The Planning Commission recommended approval. Mr. Michael Holt, Superamerica, ap- peared and was heard. Moved by Councilman Rygg and seconded by Councilman Brisky to approve, as recommended by the Planning Commission, the conditional use permit for Superamerica to allow a motor fuel station and operate a retail store as an accessory use in conjunction with the motor fuel station at 2756 Douglas Drive. By roll call and voting aye: Rygg, Brisky; voting no: Aaker, Rosen- thal, Meintsma; absent, not voting: Langsdorf, Bertrand. Motion Lost. Request denied based on the following findings of fact: 1. Poses a hazard by mixing children who might use the store with vehicles driving in and out for gasoline. 2. Inconsistent with previous actions of the Council which has tried to keep the two uses separate. 3. The proposed conditional use does not satisfactorily com- ply with or meet the provisions of Section 515.53, Subd. 1-e of the Zoning Code relating to possible adverse ef- fects of the conditional use. The Building Inspector presented for consideration by the Council a request for a variance by Ronald Irwin at 6828 Corvallis Avenue North for which the setting of a public hearing is required. /67 21 JUNE 1977 Moved by Councilman Rygg and seconded by Councilman Aaker to set 7:00 P.M., July 5, 1977, 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 the request for a variance to Section 515.07, Subd. 5(c-2) on Track E, Registered Land Survey #570, 6828 Corvallis Avenue North. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance by Steven Smothers at 3217 Utah Avenue North for which the setting of a public hearing is required. Moved by Councilman Rosenthal and seconded by Councilman Brisky to set 7:00 P.M., July 5, 1977, as the time and date for a public hear- ing at which time the Council will sit as a Board of Adjustments and Appeals to consider the request for a variance to Section 515.13, Subd. 4-a on Lot 3, Block 3, Winnetka Park lst Addition, 3217 Utah Avenue North. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit from Ken Johnson to construct an addi- tion to the building at 5125 Hanson Court. Mr. George Timmerman ap- peared. Is Moved by Councilman Aaker and seconded by Councilman Rygg to set bond in the amount of $30,500 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for an addition to the existing structure at 5125 Hanson Court, as recommended by the City Engineer. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Brisky to accept bond in the amount of $30,500 from Modern Tool Company as a guarantee of faithful performance for certain work requirements as a condition of issuance of a building permit for an addition to the existing struc- ture at 5125 Hanson Court. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Rygg to enter into agreement with Modern Tool Company for the purpose of guaranteeing faithful performance for certain work requirements as a condition of issuance of a building permit for an addition to the existing struc- ture at 5125 Hanson Court, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Aaker to ap- prove, as recommended by the Planning Commission, the authorization to issue building permit #25879 to Modern Tool Company for an addition to the existing building located at 5125 Hanson Court, subject to stan- dard procedure. Motion Carried. .—. Representatives of the businesses on Bass Lake Road appeared to discuss the West Broadway -Bass Lake Road improvement project with the Council. The following persons appeared and were heard: IAg 21 JUNE 1977 Loren Schiebe, Chamber of Commerce Rick Doule, Silver Comb Mrs. Carol Carringer, Dairy Queen Dennis Fritz, Arby's _ Oscar Jones, Crystal Shopping Center Tim Eckman, Tiny Tim's Paul Warseth, Community Liquor Store Tony Anderson, Andy's Shoe Repair Bob Benedict, Medical Center Pharmacy Russ Sorenson, atty.for businessmen After discussion with the business people, no further action was taken. The Building Inspector presented for consideration by the Council a request for a variance by Gordon E. Cook at 4537 Adair Avenue North for which the setting of a public hearing is required. �C Moved by Councilman Aaker and seconded by Councilman Rygg to set 7:00 P.M., July 5, 1977 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 the request for a variance to Section 515.13, Subd. 4-a, on the South 66.25 feet of the East 120 feet of Lot 9, Block 1, Wagners Garden Tracts, 4537 Adair. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance by Joseph S. Greenstein at 7917 33rd Place North for which the setting of a public hearing is required. Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., July 5, 1977, as the time and date for a public hearing, at which time the Council will sit as a Board of Adjustments and Ap- peals to consider the request for a variance to Section 515.13, Subd. 4-a, on Lot 44, Block 2, Winnetka Park lst Addition, 7917 33rd Place North. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit from Commercial Installation Company for an airplane hangar at the Crystal Airport. Mr. Silverman, of Commer- cial Installation Company, appeared and was heard. Moved by Councilman Aaker and seconded by Councilman Rygg to continue this matter to the July 5, 1977 meeting, but indicated that it is the consensus of the Council that a building permit would be issued if a study is conducted showing the optimum place for a helicopter and a leased lot is assigned. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from James Gerhardson at 215 Willow Bend for which the setting of a public hearing is required. �5 Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., July 5, 1977 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 the request for a variance to Section 515.15, Subd. 4(c-13) on Lot 1, Block 1, Crystal Shopping Center, 215 Willow Bend. Motion Carried. 21 JUNE 1977 The City Manager presented for consideration by the Council the Second Reading of an ordinance vacating the utility easement in Murray Lane 9th Addition. \y Moved by Councilman Rosenthal and seconded by Councilman Rygg to con- tinue this matter until the next regular meeting. Motion Carried. The City Manager presented for consideration by the Council a petition from residents requesting a stop sign at the intersection of Yates and Zane Place. Mrs. Diane Anderson, 5539 Yates, appeared. Moved by Councilman Rosenthal and seconded by Councilman Brisky to approve the request for a.two-way stop sign on Yates at Zane Place, to stop traffic going north and south on Yates. Motion Carried. The City Manager presented for consideration by the Council the off - sale liquor license application of Ye Olde Lamplighter, Inc. at 2728 Douglas Drive North. Mr. Redmond appeared. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- X1-0 prove the application for an off -sale liquor license of Ye Olde Lamp- lighter, Inc., dba Ye Olde Lamplighter, Inc., at 2728 Douglas Drive North. By roll call and voting aye: Rygg, Meintsma; Rosenthal, Aaker; ab- stained: Brisky; absent, not voting: Langsdorf, Bertrand. Motion Carried. The City Manager presented for consideration by the Council a resolu- tion from the joint Twin Lake Study Committee. Moved by Councilman Rosenthal and seconded by Councilman Aaker to set 7:00 P.M., July 12, 1977, as the time and date for a public hearing to discuss the matter of boat usage on Twin Lake. Motion Carried. Don Toays appeared before the Council to ask for approval of the li- cense for a 3.2 beer stand at the Crystal Frolics and to ask permission to use the streets and parks for Crystal Frolics activities. Moved by Councilman Rygg and seconded by Councilman Aaker to authorize the issuance of a 3.2 special beer stand license to the Crystal Fire Department, for the Crystal Frolics, at Becker Park on July 29, 30, and 31, 1977. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Brisky to approve the usage of Crystal streets and parks for Crystal Frolics activities. Motion Carried. The City Manager presented for consideration by the Council the 1977 0-1 tree program for the City. 21 JUNE 1977 Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-34 RESOLUTION PROVIDING FOR A SHADE TREE DISEASE SUBSIDY PROGRAM Moved by Councilman Rosenthal to amend Paragraph 2 of the program re- quirements to limit the residential property eligible to a maximum of one acre, and to include a request for a copy of the most recent tax returns of all persons in the household. Motion Failed for Lack of a Second. Moved by Councilman Aaker and seconded by Councilman Rosenthal to amend the resolution providing for a tree disease subsidy program to limit the size of property to one acre. Motion Carried. The Mayor then called for a vote on the motion, as amended, which reads as follows: RESOLUTION NO. 77-34 RESOLUTION PROVIDING FOR A SHADE TREE DISEASE SUBSIDY PROGRAM \� WHEREAS, the City of Crystal recognizes its responsibility as a community within the metropolitan area in providing a shade tree disease program for diseased oak and elm trees, and WHEREAS, the Minnesota Department of Agriculture has been pro- vided with funds to grant to local units of government for the pur- pose of conducting shade tree disease control programs, and WHEREAS, the City Council of the City of Crystal has levied in its 1977 budget, funds for the purpose of providing a shade tree dis- ease subsidy program for its citizens, NOW, THEREFORE, BE IT RESOLVED the City of Crystal will provide a subsidy program to its citizens on the following basis: 1. The City of Crystal will participate by providing 50% of the total cost of removal and disposal with a maximum of $150.00 per tree. 2. The City of Crystal will participate with a subsidy of 75% and 1000 of the total cost of removal and dis- posal of trees to those homeowners who qualify with incomes on the attached schedule. 3. Costs computed and subsidized on a per tree basis. 4. Residential property only, parcels no larger than one (1) acre. 5. Property assessed due to non-compliance with 20 -day removal order will not be eligible for subsidy. 21 JUNE 1977 6. Program is retroactive to January 1, 1977, for trees required to be removed within twenty (20) days from notification by City Tree Inspector. INCOME SCHEDULE Schedule of Tree Subsidy Very Low Income Low Income Other 100% 75% 50% (No Maximum) (No Maximum) (Maximum $150 per tree) Annual Adiusted Gross Household Income Family Very Low Size Income Low Income Other 1 Up to 5,500 5,501 - 7,200 7,200 and over 2 6,500 6,501 - 8,750 8,751 it 3 7,500 7,501 - 10,000 10,001 If 4 8,250 8,251 - 10,300 10,301 " 5 9,000 9,001 - 11,850 11,851 " 6 9,500 9,501 - 12,150 12,151 " 7 10,000 10,001 - 12,500 12,501 " 8 10,250 10,251 - 12,800 12,801 " 9 10,500 10,501 - 13,100 13,101 " 10+ 10,750 10,751 - 13,400 13,401 " By roll call and voting aye: Rygg, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Langsdorf, Bertrand. Motion carried, resolution declared adopted. May ATTEST: ,Q City Clerk Moved by Councilman Rygg and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-35 RESOLUTION AUTHORIZING THE CITY STAFF TO APPLY TO THE MINNESOTA DEPARTMENT OF AGRICULTURE FOR A SHADE TREE DISEASE PROGRAM GRANT WHEREAS, the City Council of the City of Crystal has provided a shade tree disease subsidy program for residential property owners within its community, and /7/ C 7pZ 21 JUNE 1977 WHEREAS, the Minnesota Department of Agriculture has been pro- vided with funds to administer a grant program to assist communities in providing a shade tree disease control program pursuant to Minnesota Statutes Section 18.023, and WHEREAS, the City of Crystal has initiated a program of subsidy to its citizens, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal shall authorize its staff to make application to the Minne- sota Department of Agriculture for grants to enable the City of Crystal to provide its shade tree disease control program for 1977. By roll call and voting aye: Rygg, Brisky, Meintsma, Rosenthal, Aaker; voting no: None; absent, not voting: Langsdorf, Bertrand. Motion carried, resolution declared adopted i Ma o ATTEST: j City Clerk The City Manager presented for consideration by the Council a resolu- tion regarding a joint agreement with New Hope for cost sharing of the upgrading of Louisiana Avenue from 27th to 32nd Avenues. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which has been dispensed with by unanimous consent: RESOLUTION NO. 77-36 RESOLUTION APPROVING A JOINT AND COOPERATIVE AGREEMENT WITH THE CITY OF NEW HOPE FOR THE IMPROVEMENT OF LOUISIANA AVENUE FROM 27TH AVENUE TO 32ND AVENUE BE IT RESOLVED that the City of Crystal enter into a joint powers agreement with the City of New Hope for the sharing of costs and con- struction of Louisiana Avenue from 27th Avenue to 32nd Avenue, and FURTHER BE IT RESOLVED that provision be made in the agreement that the Crystal sanitary sewer lateral on Louisiana Avenue be connected to the New Hope sanitary sewer lateral on 27th Avenue. BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign said agreement. /73 21 JUNE 1977 By roll call and voting aye: Rygg, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Langsdorf, Bertrand. Motion carried, resolution declared adopted.\ a ATTEST: City Clerk The City Attorney presented for consideration by the Council an ordi- nance amending the non -intoxicating malt liquor ordinance of the City Code. The Council requested that a requirement for listing other establishments in which the applicant has interest be added to Section 2 before the Second Reading. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-/S- AN 7-/5 AN ORDINANCE RELATING TO NON -INTOXICATING MALT LIQUOR: AMENDING CRYSTAL CITY CODE, SUBSECTION 1215.07, SUBDIVISION 3 AND SUBSECTION 1215.09 and further, that the second and final reading be held July 5, 1977. Motion Carried. The City Manager presented for consideration by the Council a request to transfer $800 from the Emergency Allowance to the Miscellaneous Commissions budget. Moved by Councilman Rygg and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-37 RESOLUTION TRANSFERRING FUNDS BE IT HEREBY RESOLVED that the City Treasurer be authorized and directed to make the following transfer: FROM TO AMOUNT Emergency Allowance Miscellaneous Commissions $800 l'7¢ 21 JUNE 1977 By roll call and voting aye: Rygg, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Langsdorf, Bertrand. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Manager presented for discussion by the Council a request from the City of Edina for participation in an effort to insure that all municipalities in the metropolitan area have the same level of assess- ment. After review of written material presented by the City Assessor, no action was taken. Councilman Brisky called the Council's attention to the Human Relations Commission minutes of May 23, 1977. He indicated that he had been re- quested to relay the Commission's request for the removal of Randy Landis and Eva Lien from the Commission for lack of attendance. Moved by Councilman Brisky and seconded by Councilman Rosenthal to remove Randy Landis and Eva Lien from the Human Relations Commission for lack of attendance. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to approve ._. the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file ,)-Lr in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. By roll call and voting aye: Rygg, Meintsma, Aaker; abstained: Brisky, Rosenthal; absent, not voting: Langsdorf, Bertrand. Motion. Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. ATTEST: 17 City Clerk 7s 5 JULY 1977 Pursuant to due call and notice thereof, the meeting of the City Council of the City of Crystal was held on July 5, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal and Aaker; the following was absent: Rygg; also present were the following staff members: Irving, Larson, Herlofsky, Sherburne, Olson, Arntzen and Ridgley. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of June 21, 1977 were approved with no exceptions. Councilman Rygg arrived at 7:03 P.M. It being 7:00 P.M., Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request by Ronald Irwin for 6828 Corvallis Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the proposed variance. Those present and heard were: Harold O'Brien, 6802 - 51st Place North Ronald Irwin, 6828 Corvallis Avenue North Moved by Councilman Rosenthal and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5(c-2) to grant a variance for a detached accessory building encroaching upon the rear one-fourth of the lot at 6828 Corvallis Avenue North, Tract E, Registered Land Survey #570, as recommended by the Planning Commission. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request by Steven Smothers for a variance of 5 feet in the rear yard setback at 3217 Utah Ave. North. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. Those present and heard were: 1;. Steven Smothers, 3217 Utah Avenue North Moved by Councilman Aaker and seconded by Councilman Rosenthal that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a to grant a variance of 5 feet in the required 40 foot rear yard setback for an addition to the house at 3217 Utah Ave. No., Lot 3, Block 3, Winnetka Park 1st Addition, as recommended by and based on the Findings of Fact of the Planning Commission. Motion Carried. /-76 5 JULY, 1977 Mayor Meintsma declared that this was the time and place as advertised for the public hearing on the request by Gordon E. Cook for a variance of seven feet in the required 40 foot rear yard setback at 4537 Adair. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. Those present and heard were: Gordon E. Cook, 4537 Adair Avenue North Moved by Councilman Rosenthal and seconded by Councilman Rygg that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a variance of seven feet in the required 40 foot rear yard setback to allow an addition to the house at 4537 Adair Ave. North, and legally described as the South 66.25 feet of the East 120 feet of Lot 9, Block 1, Wagners Garden Tracts, as recommended by and based on the Findings of Fact of the Planning Commission. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by Joseph S. Greenstein for a variance of 20 feet in the required 40 foot rear yard setback at 7917 - 33rd Place North. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. Those present and heard were: y Joseph Greenstein, 7919 - 33rd Place North Moved by Councilman Rygg and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a variance of 20 feet in the required 40 foot rear yard setback to allow an addition to the house at 7917 - 33rd Place North, Lot 44, Block 2, Winnetka Park lst Addition, as recommended by the Planning Commission. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the request by James Gerhardson for a variance of 26 feet to allow a 60 foot antenna at 215 Willow Bend. The Mayor asked those present to voice their opinions or ask questions concerning the variance request. Those present and heard were: 5 James Gerhardson, 215 Willow Bend (Crystal Shopping Center) Moved by Councilman Aaker and seconded by Councilman Rygg that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.55, Subd. 4(c-13) to grant a variance of 26 feet to allow a 60 foot antenna to be built at 215 WilloW Bend, Lot 1, Block 1, Crystal Shopping Center, as recommended by the Planning Commis- sion. By roll call and voting aye: Rygg, Langsdorf, Brisky, Rosenthal, Aaker; voting no: Bertrand, Meintsma; absent and not voting: none. Motion Carried. 5 JULY, 1977 Mayor Meintsma declared this was the time and place as advertised for the public hearing to consider the status of the beer license for the PDQ Store, 7200 - 56th Avenue North. The Mayor asked those present to voice their opinions or ask questions concerning the matter. Those present and heard were: Robert Heacock,Attorney Jack Mankowski, Store Manager Mr. Shelton Mr. Finster /77 W Moved by Councilman Aaker and seconded by Councilman Bertrand to continue the hearing to the next regular Council Meeting (July 19, 1977). Councilman Brisky abstained. Motion Carried. Mrs. Rose Zezza, 5211 - 56th Avenue North, appeared before the Council and presented a petition requesting the installation of a stop light in the area of Regent and Bass Lake Road. Mayor Meintsma explained that the stop light is part of the request for Community Development Funds and approval of the request probably wouldn't come until September. The Building Inspector presented, for consideration by the Council, a request for a building permit from Commercial Installation Company for an airplane hangar at the Crystal Airport. Cyril Silberman appeared on behalf of Commercial Installation. Moved by Councilman Rygg and seconded by Councilman Aaker to approve, as recommended by the Planning Commission, the authorization to issue building permit #25881 to Commercial Installation Company for an airplane hangar on leased lot 84 at the Crystal Airport, subject to standard procedure. Motion Carried. The Building Inspector presented, for consideration by the Council, a request for a building permit from Target Stores, Inc., for re- modeling the existing gasoline station at 5537 West Broadway. Moved by Councilman Aaker and seconded By Councilman Rosenthal to approve, as recommended by the Planning Commission, the authorization to issue building permit #25611 for remodeling the existing gasoline station located at 5537 West Broadway, Lot 1, Block 1, Cardinal Court Addition, subject to standard procedure. Motion Carried. The City Manager presented, for consideration by the Council, the Second Reading of an ordinance vacating a utility easement in Murray Lane 9th Addition. Moved by Councilman Bertrand and seconded by Councilman Brisky to con- tinue the matter of the drainage easement indefinitely. Motion Withdrawn. \0 5 JULY, 1977 Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following ordinance, with an amendment vacating only 10 feet: ORDINANCE NO. 77-19 AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENT IN MURRAY LANE 9TH ADDITION and further, that this be the second and final reading. Motion Carried. The City Attorney presented, for consideration by the Council, an ordinance amending the non -intoxicating malt liquor ordinance. Moved by Councilman Langsdorf and seconded by Councilman Rygg to \` adopt the following ordinance: ORDINANCE NO. 77-15 AN ORDINANCE RELATING TO NON -INTOXICATING MALT LIQUOR: AMENDING CRYSTAL CITY CODE, SUBSECTION 1215.07, SUBDIVISION 3 AND SUBSECTION 1215.09 and further, that this be the second and final reading. Motion Carried. Mr. and Mrs. Melhuse , 4552 Brunswick Ave. No. appeared to discuss the condition of a neighbor's property. Mr. Irving said the City staff would look at the property. The City Attorney presented, for consideration by the Council, the Second Reading of an ordinance concerning the usage of certain terms in the City Code. \` Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77-16 AN ORDINANCE RELATING TO THE USE OF CERTAIN TERMS IN THE CITY CODE: ADDING A SUBSECTION TO THE CITY CODE and further, that this be the second and final reading. Motion Carried. The City Attorney presented, for consideration by the Council, the second reading of an ordinance regarding the sale of tobacco and cigarettes. Moved by Councilman Rygg and seconded by Councilman Aaker to adopt the following ordinance: I7y 5 JULY, 1977 ORDINANCE NO. 77-17 AN ORDINANCE RELATING TO TOBACCO AND CIGARETTES: ,y PROVIDING FOR THE LICENSING OF THE SALE THEREOF; AMENDING CRYSTAL CITY CODE, SECTION 1135 and further, that this be the second and final reading. Motion Carried. The City Attorney presented, for consideration by the COuncil,, the Second Reading of an ordinance amending the tree trimming ordinance. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-18 AN ORDINANCE RELATING TO TREE TRIMMING: AMENDING CRYSTAL CITY CODE, SUBSECTION 1165.11 and further, that this be the second and final reading. Motion Carried. The City Manager presented, for consideration by the Council, the letter of resignation of John Grogan from the Park and Recreation Advisory Commission. 1(_o Moved by Councilman Langsdorf and seconded by Councilman Rygg to accept the resignation of John Grogan from the Park and Recreation Advisory Commission and instruct the City Manager to send him a letter of thanks and appreciation. Motion Carried. The City Manager presented, for consideration by the Council, thtee applications for tree trimming licenses from Allstate Tree Service, S.A.S. Tree Service and Design Tree Service. Moved by Councilman Rygg and seconded by Councilman Aaker to approve the authorization to issue tree trimming licenses to Allstate Tree Service, S.A.S. Tree Service and Design Tree Service. Motion Carried. The City Manager presented, for consideration by the Council, a resolu- tion authorizing the City to participate with Hennepin County for the existing LEAA grant. Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: ASO 5 JULY, 1977 RESOLUTION NO. 77-38 RESOLUTION AUTHORIZING HENNEPIN COUNTY CRIMINAL JUSTICE COUNCIL TO INCLUDE THE CITY OF CRYSTAL'S JUVENILE SPECIALIST PROJECT IN THE JUSTICE COUNCIL'S FY1978 MINI -PLAN WHEREAS the Law Enforcement Assistance Administration (LEAA) and the Governor's Commission on Crime Prevention and Control now provide a procedure wherein local government planning agencies such as the Hennepin County Criminal Justice Coordinating Council may annually prepare and submit a mini-plan/mini-block grant application; and \� WHEREAS such mini-plans/mini-block grant applications contain a section indentifying all projected grant applications from within the planning jurisdiction for funding approval in part or whole by the state LEAA agency; and WHEREAS such a procedure eliminates the previous requirement to submit projects for funding consideration on a grant -by -grant basis each year; and WHEREAS the Hennepin County Criminal Justice Coordinating Council is preparing and will submit on behalf of all units of government in Hennepin County a mini-plan/mini-block grant application for FY78 LEAA funding; and WHEREAS, the City of Crystal, as a member of the Hennepin County Criminal Justice Coordinating Council, anticipates a request for sponsorship of the Crystal City Council for the following project: State/ Federal Local Submitted Project Title Year Duration Award Match By Juvenile Specialist 3 1/1/78-6/30/79 $22,723 $7,998 Crystal Police Department NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council authorizes the Hennepin County Criminal Justice Coordinating Council to include the above-mentioned project in the subgrant section of the Council's FY78 mini-plan/mini-block grant application for submission to the Crime Control Planning Board for funding consideration in part or whole; and BE IT FURTHER RESOLVED that following such action by the Crime Control Planning Board the approved grant application/contract be returned to the Crystal City Council for appropriate action. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky, Aaker. Motion Carried; Resolution declared adopted. ATTEST: Mayor City Clerk /9/ 5 JULY, 1977' The City Manager presented, for consideration by the Council, a resolution approving the City's Civil Defense Plan. Moved by Councilman Rygg and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-39 RESOLUTION APPROVING THE REVISED CRYSTAL EMERGENCY PLAN WHEREAS, the City of Crystal recognizes its responsibility in providing emergency assistance to its citizens in times of disaster; and, WHEREAS, the City of Crystal has established a Civil Defense Department to provide these services to its citizens. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal approves the City of Crystal Emergency Plan and the appendices attached thereto, and that a copy of said plan is filed in the Office of the City Clerk. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky, Aaker. Motion Carried; Resolution declared adopted. Z7 ATTEST: Ma City Clerk tC� The City Manager presented, for consideration by the Council, a resolution authorizing City staff to apply for Minnesota Housing Finance Agency Grant funds. Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt. the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-40 =�) C) RESOLUTION AUTHORIZING APPLICATION FOR MHFA HOUSING REHABILITATION GRANT FUNDS WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide grants of funds to property owners for the purpose of housing rehabilitation; and, WHEREAS, the City of Crystal has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Home Improvement Grant Program; and, /82 a0 5 JULY, 1977 WHEREAS, the City of Crystal has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Home Improvement Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the City Manager of the City of Crystal is hereby authorized to make application to the Minnesota Housing Finance Agency for a grant of funds pursuant to the Home Improvement Grant Program; BE IT FURTHER RESOLVED that the Crystal HRA is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Home Improve- ment Grant Program, in the City of Crystal. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky, Aaker. Motion Carried; Resolution declared adopted. ATTEST: ""l City Clerk Mayor The City Engineer presented, for consideration by the Council, bids for seal coat and other 1977 projects. Moved by Councilman Rygg and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-41 RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF SEAL COAT IMPROVEMENT WHEREAS, the City of Crystal did advertise for bids for Sealcoat'Improvement No. 57-A, and WHEREAS, such bids were received and publicly opened on June 29, 1977 and tabulated as follows: Allied Blacktop Co. Bituminous Roadways, Inc. $64,380.20 $67,200.90 AND WHEREAS Allied Blacktop Co. is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract in the amount of $64,380.20 to Allied Blacktop Co., and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. /f3 5 JULY, 1977 By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky,Aaker. Motion Carried; Resolution declared adopted. 1\ ATTEST: City Clerk Mayor Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-42 RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF BLACK- TOP IMPROVEMENT 56-G AND 57-A WHEREAS the City of Crystal did advertise for bids for the blacktop improvement no. 56-G and 57-A, and WHEREAS such bids were received and publicly opened on June 29, 1977 and tabulated as follows: Bituminous Roadways, Inc. $ 8,801.20 C.S. McCrossan, Inc. 9,785.00 Hardrives, Inc. 13,900.90 Bury & Carlson, Inc. 14,374.80 AND WHEREAS Bituminous Roadways, Inc. is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract in the amount of $8,801.20 to Bituminous Roadways, Inc., and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to sign such contract. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky, Aaker. Motion Carried; Resolution declared adopted. ATTEST: ` Mayor City Clerk The City Manager presented, for consideration by the Council, the resignation of Walter Buchholz from the Crystal HRA and the Joint as Water Commission. Ig � 5 JULY, 1977 Moved by Councilman Bertrand and seconded by Councilman Rygg to accept the resignation of Walter Buchholz from the Crystal Housing and Redevelopment Authority and from the Joint Water Commission, " and to instruct the City Manager to send him a letter of thanks and appreciation. Motion Carried. Councilman Loel Bertrand requested to discuss with the Council the resolution concerning Twin Lake and the action taken by the Twin Lakes Water Committee. Mr. Bertrand indicated the Council would be con- sidering two actions: 1) to leave the present situation, or 2) ban all power boats on the lakes. Councilman Aaker asked the Council to consider the establishment of a border committee with New Hope in an attempt to work out differences. No action was taken on the matter. Moved by Councilman Aaker and seconded by Councilman Rygg to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Brisky, Aaker. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to adjourn the meeting. Motion Carried. ATTEST: City Clerk Mayor 12 JULY 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on July 12, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg,. Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; James Larson, City Attorney; Peter Herlofsky, Assistant City Manager; John Olson, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Meintsma declared this was the time and place as advertised for the public meeting to discuss the, use of Twin Lake. The Mayor asked those present to voice their opinions or ask questions concerning the use of Twin Lake. Those persons present and heard were: Mary Reed, 5508 Orchard Warren Reed, 5508 Orchard Shel Morris, 5046 Quail Howard Anderson, 5328 51st Peter Brusky, 4916 Bernard Herb Helmers, 4900 Quail John Schaaf, 4908 Quail Floyd Carlson, 5026 Quail Paul Mattson, 5116 Quail Tom Beznet, 5331 Corvallis Dearel Nelson, 4920 54th Heinz Becker, 5100 Quail Armand Pilon, 4839 Quail Mrs.,Bill Riley, 5412 Twin Lake Terrace Gladys Dahl, 5424 Twin Lake Terrace Gary Kamp, 4824 Quail Rick Carlson, 5026 Quail Donna Carlson, 5026 Quail Thelma Paddock, 5608 Twin Lake Terrace Mrs. James, 5630 Twin Lake Terrace Mrs. Beznet, 5331 Corvallis Bob Mack, 5600 Twin.Lake Terrace Harold Dahlen, 5441 Twin Lake Terrace Paulette Magnusson, 3159 Jersey Joyce Mattson, 5116 Quail 191-5- 12 9S Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: \ RESOLUTION NO. 77-43 A RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD OF COM- MISSIONERS TO APPROVE AN ORDINANCE ESTABLISHING WATER SURFACE USE REGULATION ON TWIN LAKE BE IT RESOLVED THAT: WHEREAS, power boating on Twin Lake tends to endanger the safety of all lake users, and WHEREAS, a study by the Metropolitan Council for the Bureau of Outdoor Recreation recommends that Twin Lake is suitable for sailing, canoeing, fishing and swimming only, and WHEREAS, Section 378.32 of the Minnesota State Statutes authorizes counties to regulate water surface use, by ordinance, of lakes located in two or more municipalities upon the recommendation of those munici- palities and upon approval of the ordinance by the Commissioner of the Department of Natural Resources, 12 JULY 1977 NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Cry- stal that the Hennepin County Board of Commissioners is requested to approve an ordinance prohibiting watercraft propelled in any respect by machinery from being operated at any time on the waters of Twin Lake (DNR #2742) in Hennepin County, Minnesota. BE IT FURTHER RESOLVED that the Hennepin County Board of Commissioners is requested to empower the law enforcement agencies of the Cities of Brooklyn Center, Crystal and Robbinsdale to enforce said ordinance pursuant to Section 378.32, Subdivision 10 of the Minnesota State Sta- tutes. BE IT FURTHER RESOLVED that the Hennepin County Board of Commis- sioners upon approval of said ordinance is requested to submit it to the Commissioner of the Department of Natural Resources for his approval as required by Section 378.32, Subdivision 1 of the Minnesota State Statutes. By roll call and 'Voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; voting no: Meintsma; absent, not voting: None. Motion carried, resolution declared adopted,_.___,, Mayor ATTEST: City Clerk Moved by Councilman Langsdorf and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Mayor / 7 19 JULY 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on July 19, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Aaker; the following were absent: Rosenthal; also present were the following staff members: Peter Her- lofsky, Assistant City Manager; Dave Kennedy, City Attorney; Jim Lar- son, Assistant City Attorney; Dan Smith, Assistant City Engineer; Wally Arntzen, Building Inspector; John Olson, 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 meeting of July 5, 1977 and the Special meeting of July 12, 1977 were approved. Mayor Meintsma declared this was the time and place for the continued hearing on the status of the beer license of the PDQ Store, 7200 - 56th Avenue North. The Mayor asked those present to voice their opin- ions or ask questions concerning the matter in question. Those present and heard were: James Larson, Attorney for the City Mr. Heacock, Attorney for PDQ Patsy Rogers, Rockford, Minnesota, and former clerk at PDQ Jim Shelton, Division Manager of PDQ Stores Jack Mankowski, 4721 Flagg Ave. N., Manager of PDQ Store, 7200 56th Avenue North After hearing the testimony presented by the attorneys, the hearing was closed and the following motion was made: Moved by Councilman Aaker and seconded by Councilman Bertrand to request the attorneys to submit separate findings of fact based on the testi- mony given, to be reviewed at the next regular Council meeting. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Meintsma, Aaker; abstained: Brisky; absent, not voting: Rosenthal. Motion Carried. The Assistant City Manager presented for consideration by the Council tentative approval of the McVay Addition, located at 55th and Welcome for which the setting of a public hearing is required. Moved by Councilman Langsdorf and seconded by Councilman Aaker to set 7:00 P.M., August 2, 1977, as the time and date for the public hearing on the proposed McVay Addition, 55th and Welcome. Motion Carried. y 19 JULY 1977 The Assistant City Manager presented for consideration by the Council tentative approval of the Mike Peterson 2nd Addition, 35th Avenue be- tween Hampshire and Georgia for which the setting of a public hearing is required. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to set 7:00 P.M., August 2, 1977, as the time and date for the public hearing on the proposed Mike Peterson 2nd Addition, located on 35th Avenue North between Hampshire and Georgia. Motion Carried. The Assistant City Manager presented for consideration by the Council tentative approval of the Crystal Industrial 2nd Addition, 5221 Lake- land Avenue North for which the setting of a public hearing is required. Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., August 2, 1977, as the time and date for the public hearing on the proposed Crystal Industrial 2nd Addition. Motion Carried. The Building Inspector presented for consideration by the Council a building permit for remodeling and alterations at 5221 Lakeland Avenue North. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to set bond in the amount of $9,900 as a guarantee of faithful performance 5 of certain work requirements as a condition of building permit approval, for 5221 Lakeland Avenue North, as recommended by the City Engineer. Motion Carried. _ Moved by Councilman Langsdorf and seconded by Councilman Bertrand to accept bond in the amount of $9,900 from Pierson Cabinets as a guarantee of faithful performance for certain work requirements as a condition of issuance of a building permit for remodeling and alterations at 5221 Lakeland Avenue North. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Aaker to enter into agreement with Pierson Cabinets for the purpose of guaranteeing faithful performance of certain work requirements as a condition of issuance of a building permit for remodeling and alterations at 5221 Lakeland Avenue North, and further, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Brisky to approve, as recommended by the Planning Commission, the authorization to issue building permit #f26017 to John L. Pierson for remodeling and altera- tions of two existing buildings and combining them into one building at 5221 Lakeland Avenue North, Lots 7 and 8, Crystal Industrial Addi- tion. Motion Carried. The City Attorney presented for consideration by the Council the First Reading of an ordinance relating to the maximum fine for misdemea- nors. i9�1 19 JULY 1977 Moved by Councilman Bertrand and seconded by Councilman Rygg to adopt the following ordinance: ORDINANCE NO. 77-20 AN ORDINANCE RELATING TO MISDEMEANORS AND THE PENALTY THEREFOR: AMENDING CRYSTAL CITY CODE, SUBSECTION 115.01 and further, that the second and final reading be held August 2, 1977. Motion Carried. The Assistant City Manager presented for consideration by the Council the applications of John R. Schaaf, Jr., Francis Feyereisen and James R. Kyro for a position on the Planning Commission. Mr. Feyereisen appeared and was interviewed by the Council. The Coun- cil then indicated it would interview the other candidates at the next meeting. Mr. Gary Newman appeared before the Council to discuss licenses for entertainment devices for St. Raphael's. After discussion of the type of machine to be used at the Festival and the ordinances pertaining to those machines, the following motion was made: Moved by Councilman Rygg and seconded by Councilman Aaker to waive the fees. After discussion and by consent of the mover and seconder, the motion was withdrawn. Moved by Councilman Bertrand and seconded by Councilman Rygg to approve the application of St. Raphael's Church for a license to operate amuse- ment devices at its Festival on August 5, 6, and 7, and to waive the fees for those amusement devices. Motion Carried. The Assistant City Manager presented for consideration by the Council a resolution approving the classification of certain tax -delinquent property. Moved by Councilman Rygg to omit property listed as item 5. Motion Failed for Lack of a Second. The Council requested the staff to review the status of property listed as item 5. Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-44 RESOLUTION APPROVING CLASSIFICATION OF CERTAIN TAX -DELINQUENT PROPERTY WHEREAS, the City Council of the City of Crystal, has received from the County of Hennepin, a list of lands in said municipality which 19 JULY 1977 became the property of the State of Minnesota, for non-payment of 1968 or 1969 real estate taxes, which said list has been designated as Classi_, fication List No. 652 -NC, and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non -conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED by said City Council, acting pursuant C to Minnesota Statute 282, that the said classification by said Board of County Commissioners of each parcel of land described in said list as non -conservation land be and the same is hereby approved, and that the sale of each such parcel of land be and the same is hereby approved, with the exception of Outlot A, Winnetka Village Addition, on which the City submitted an Application for Cancellation of Certificate of Forfeiture. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Aaker, Meintsma; absent, not voting: Rosenthal. Motion carried, resolution declared adopted. May ATTEST: City Clerk The Assistant City Manager presented for consideration by the Council a resolution authorizing application for the conveyance of tax -forfeited lands. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-45 RESOLUTION AUTHORIZING APPLICATION FOR THE CONVEYANCE OF TAX -FORFEITED LANDS WHEREAS, there is situated within the boundaries of the City of Crystal, County of Hennepin, certain tax -forfeited land, and WHEREAS, the City of Crystal desires to obtain said land for pond- ing and drainage purposes, NOW, THEREFORE, BE IT RESOLVED that the City Manager be instructed to make application for conveyance of tax -forfeited land as hereinafter 19 JULY 1977 described, and further, that the Mayor and Manager be authorized to sign such application for conveyance. The land to be acquired for ponding and drainage purposes is described as follows: Lot 9, Block 1, Colonial Acres Addition Plat 54595, Parcel 0900 By roll call and Meintsma; absent, declared adopted. ATTEST: voting aye: Rygg, Langsdorf, Bertrand, Brisky, Aaker, not voting: Rosenthal. Motion carried, resolution City Clerk The Assistant City Manager presented for consideration by the Council the appointment of a person to the Three -Community Water Commission. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to appoint Councilman John Brisky to the Three -Community Water Commission. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to ad- journ the meeting. Motion Carried. ATTEST: City Clerk / �'z 2 AUGUST 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on August 2, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; William Sher- burne, City Engineer; Walter Arntzen, Building Inspector; John Olson, 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 meeting of July 19, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed McVay Addition, 55th and Welcome. The Mayor asked those present to ask questions or voice their opinions concerning the proposed plat. No one appeared. \ Moved by Councilman Langsdorf and seconded by Councilman Rygg to grant tentative approval of the McVay Addition, which is a replat of Lot 11, Block 2, Boulevard Acres, 55th and Welcome, subject to standard proce- dure. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Mike Peterson 2nd Addition, 35th _ Avenue North between Hampshire and Georgia. The Mayor asked those pre- sent to voice their opinions or ask questions concerning the proposed plat. No one appeared. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to grant tentative approval of the Mike Peterson 2nd Addition, which is a replat of Lots 1 and 2, Block 1, Mike Peterson Addition, located at 35th Avenue North between Hampshire and Georgia, subject to the granting of drainage and utility easement on the east 34.8 feet of Lot 1, and on the west 5 feet of Lot 2. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the proposed Crystal Industrial 2nd Addition, 5221 Lakeland Avenue North. The Mayor asked those present to voice their opinions or ask questions about the proposed plat. Those pre- sent and heard were: John Pierson. Moved by Councilman Bertrand and seconded by Councilman Aaker to grant tentative approval of the Crystal Industrial 2nd Addition, which is a replat of Lots 7 and 8, Crystal Industrial Addition, located at 5221 Lakeland Avenue North, subject to standard procedure. Motion Carried. The Council considered the status of the 3.2 beer license of the PDQ Store at 7200 - 56th Avenue North. 2 AUGUST 1977 Mr. Robert Heacock, attorney for PDQ, presented the Council with his written findings of fact, and on advice from the City Attorney, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Rosenthal that, because the Council had just received the written findings of fact y from PDQ, the status of the 3.2 beer license of PDQ be considered at the next regular meeting. By roll call and voting aye: Langsdorf, Bertrand, Aaker, Rosenthal, Meintsma; voting no: Rygg; abstaining: Brisky. Motion Carried. The City Manager presented, for consideration by the Council, the appli- cation of Crystal Chalet Operations, Inc., to move the off -sale liquor store from 3526 North Lilac Drive to 5301 - 36th Avenue North. Mr. Richard Swadden appeared. Moved by Councilman Langsdorf and seconded by Councilman Rygg to grant the off -sale liquor license of Crystal Chalet Operations, Inc., dba Chalet Liquor City U.S.A., at 5301 - 36th Avenue North; and simultane- ously cancel the off -sale liquor license of Crystal Chalet Operations, Inc., dba Chalet Liquor, at 3526 North Lilac Drive, effective with issuance of the Certificate of Occupancy. By roll call and voting aye: Langsdorf, Bertrand, Rygg, Meintsma, Rosenthal, Aaker; abstaining: Brisky. Motion Carried. The City Manager presented for consideration by the Council the appli- cation for a 3.2 beer on -sale license (tavern) of B.D.A., Inc., at 3520 Lilac Lane. William Drouches, William Baden and Ronald Anderson appeared. Moved by Councilman Aaker and seconded by Councilman Rosenthal to grant the 3.2 beer on -sale (tavern) license to B.D.A., Inc. dba William W. Drouches' Chalet Bowl, at 3520 Lilac Lane. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Meintsma, Rosenthal, Aaker; abstaining: Brisky. Motion Carried. The City Attorney presented for consideration by the Council the Second Reading of an ordinance relating to misdemeanors. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-20 AN ORDINANCE RELATING TO MISDEMEANORS AND THE PENALTY THEREFOR: AMENDING CRYSTAL CITY CODE, SUBSECTION 115.01 and further, that this be the second and final reading. Motion Carried. 2 AUGUST 1977 The City Attorney presented for consideration by the Council the First Reading of an ordinance relating to buildings and the certificate of _ c� occupancy. (} Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 77- QJ AN ORDINANCE RELATING TO BUILDINGS: AMENDING CRYSTAL CITY CODE, SUBSECTION 400.01, SUBDIVISION 2 and further, that the second and final reading be held August 16, 1977. Motion Carried. The City Attorney presented for consideration by the Council the First Reading of an ordinance relating to the fencing of swimming pools. �.� Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77- as AN ORDINANCE RELATING TO PUBLIC SAFETY: REQUIRING FENCING OF SWIMMING POOLS: AMENDING CRYSTAL CITY CODE BY ADDING A NEW SECTION and further, that the second and final reading be held August 16, 1977. Motion Carried. The City Manager presented for consideration by the Council a resolu- tion authorizing an application for reimbursement funds from the State of Minnesota Peace Officer Training Board. Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-46 RESOLUTION APPROVING APPLICATION FOR REIMBURSEMENT FUNDS FROM THE STATE OF MINNESOTA PEACE OFFICER TRAINING BOARD WHEREAS, a patrolman from the City of Crystal has completed an 8 -week basic police science course, and WHEREAS, the City of Crystal can receive partial reimbursement of costs incurred in sending an officer to the course from the Minnesota Peace Officer Training Board; NOW, THEREFORE, BE IT RESOLVED that the City of Crystal apply for such reimbursement funds from the Minnesota Peace Officer Training 2 AUGUST 1977 Board and that the City Manager is instructed to submit such appli- cation. l�= By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Manager presented for consideration by the Council a resolu- tion concerning equitable assessments. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-47 A RESOLUTION REQUESTING A UNIFORM LEVEL OF ASSESSMENT IN THE SEVEN -COUNTY AREA Moved by Councilman Rosenthal and seconded by Councilman Aaker to change the language in the sixth paragraph to remove the words "reduce" and "wide" and replace them with the word "eliminate". Motion Carried. The amended motion now reads: Moved by Councilman Rosenthal and seconded by Councilman Bertrand to adopt the following resolution, as amended, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-47 A RESOLUTION REQUESTING A UNIFORM LEVEL OF ASSESSMENT IN THE SEVEN -COUNTY AREA WHEREAS, the equitable assessment of real property values is abso- lutely essential in order that taxes levied by governmental units which transcend municipal and county boundaries will be fair, and WHEREAS, studies prepared by the State of Minnesota Department of Revenue show that there is great disparity among the seven counties in the metropolitan area, with the 1976 sales assessment ratio study of residential properties showing, for example, that Hennepin County's limited value ratio was 84.4%, and its market value ratio was 96.3%, while Anoka County's limited value ratio was 89.5% and its market value ratio was 92.7%, and at the low end were Scott County's 73.9% limited value ratio and Dakota County's 81.5% market value ratio. Individual municipalities ranged from a low of 60.8% limited value in Watertown, Carver County, to a high of 94.6% in Edina, Hennepin County, with a low of 66.9% market value in Watertown to a high of 107.6% in Champlin, Hennepin County, and 2 AUGUST 1977 WHEREAS, 1973 legislation limited current year assessments for selective property classes to a 5% increase in the preceding assessment valuation, and a 1975 amendment provided that all property classes were limited to an increase in valuation for 1975 and subsequent years of 10% of the previous valuation, or 25% of the difference between the current estimated market value and previous years' limited market value whichever is greater, and WHEREAS, the introduction of "limited" market value greatly compli- cates the problems of securing equitable assessments, and WHEREAS, the authority of municipal and county boards of review to make overall changes in values is severely limited by statute, and WHEREAS, the Commissioner of Revenue of the State of Minnesota constitutes the State Board of Equalization and is empowered to elim- inate disparities in assessment levels between counties, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City �\ of Crystal that the Commissioner of Revenue of the State of Minnesota be requested to take immediate action to secure a uniform level of assessment among the seven counties in the metropolitan area by rais- ing assessment levels in Carver, Scott, Dakota, Ramsey and Washington Counties, and BE IT FURTHER RESOLVED that the attention of the members of the House and Senate representing Crystal be called to this entire problem — with the request that they make every effort possible to secure what- ever changes are necessary in the "limited value" statutes so that ap- plication of this feature will not hinder the establishment of a uni- form level of assessment, and BE IT FURTHER RESOLVED that cities in Hennepin and Anoka Counties and the Hennepin and Anoka County Boards of Commissioners be urged to make similar requests to the Commissioner of Revenue and to their res- pective legislators. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Manager presented for consideration by the Council bids for tree removal in the City. 2 AUGUST 1977 Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-48 RESOLUTION AWARDING BID FOR TREE REMOVAL IN THE CITY WHEREAS, the City of Crystal did advertise for bids for removal of trees and stumps on public property and removal of trees and stumps on private property in the City of Crystal, and WHEREAS, such bids were received and publicly opened on July 28, 1977, and tabulated as follows: Removal of Public Property Trees Diameter Tree and Stump Stump Only 0 - 6" $ 10 $1 per inch 6" - 9.9" $ 15 $1 per inch 10" - 15.9" $ 30 $1 per inch 16" - 19.9" $ 55 $1 per inch 20" - 23.9" $ 75 $1 per inch 24" - 29.9" $ 85 $1 per inch 30" - 35.9" $130 $1 per inch 36" - 39.9" $145 $1 per inch 40"+ per $165 $1 per inch Removal of Private Property Trees 0 - 6" $ 30 $1 per inch 6" - 9.9" $ 60 $1 per inch 10" - 15.9" $100 $1 per inch 16" - 19.9" $160 $1 per inch 20" - 23.9" $200 $1 per inch 24" - 29.9" $250 $1 per inch 30" - 35.9" $300 $1 per inch 36" - 39.9" $350 $1 per inch 4011+ $400 $1 per inch Submitted by Tim's Tree Service, Inc. AND WHEREAS, Tim's Tree Service, Inc. is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for removal of public property trees and removal of pri- vate property trees to Tim's Tree Service, Inc., for the amounts stated above, and 11� /�g 2 AUGUST 1977 BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Manager presented for consideration by the Council a change order for the Scott Avenue storm sewer project. The Council discussed the need to extend the storm sewer to just south of 35th Avenue North (east of Highway 100) to meet an existing storm sewer coming from the west side of the highway. The following motion was then made: Moved by Councilman Langsdorf and seconded by Councilman Bertrand to authorize a change order for the Scott Avenue storm sewer project. Motion Carried. The Council considered a letter from Lloyd Olson, 4911 - 52nd Avenue North, regarding a drainage easement into Twin Lake. Mr. Peter Bruske, 4916 Bernard, appeared and told the Council that most \LA of the drainage ditch was on his property and he did not want it dredged out. After further discussion, no action was taken by the Council. The City Manager presented for consideration by the Council the appli- cation of John Schaaf for appointment to the Planning Commission. Councilman Rosenthal nominated John Schaaf for a position on the Plan- ning Commission. Councilman Bertrand nominated Francis Feyereisen for a position on the 1'!DPlanning Commission. The following vote was taken on the nominations: For Schaaf: Rygg, Brisky, Aaker, Meintsma. For Feyereisen: Bertrand, Rosenthal, Langsdorf. Before a final vote was taken appointing John Schaaf to the Planning Commission, discussion was held with Mr. Schaaf regarding possible appointment to the Crystal HRA. Mr. Schaaf asked for time to consider .... an HRA appointment. 2 AUGUST 1977 i Moved by Councilman Bertrand to nominate Francis Feyereisen to the Planning Commission. Moved by Councilman Langsdorf that the nominations be closed. Moved by Councilman Aaker and seconded by Councilman Rygg to table discussion of the appointment to the Planning Commission until the next regular meeting. Motion Carried. The City Manager presented for consideration by the Council a request from the Human Relations Commission for funds for the 4th Annual Family Life Workshop to be held November 5, 1977, in conjunction with Golden Valley, Robbinsdale and Community Education of District 281. Moved by Councilman Brisky and seconded by Councilman Aaker to approve authorization to allocate $250 from the Miscellaneous Commissions budget for the Family Life Workshop co-sponsored by the Human Relations Com- mission. Motion Carried. The City Manager presented for consideration by the Council a nominee for the position of City Public Health Officer. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- i-7 point Dr. James J. Pattee as the Public Health Officer for the City of Crystal. Motion Carried. The City Manager presented for consideration by the Council a program of counseling and referral for City employees with alcoholic or chemi- cal dependency problems, or family problems. After discussion concern- ing the program, the following motion was made: (g Moved by Councilman Aaker and seconded by Councilman Bertrand to author- ize the Mayor and City Manager to enter into agreement with the Metropol- itan Counseling Service for a counseling and referral service for City employees. Motion Carried. The City Manager informed the Council of the National League of Cities Convention on December 3-7 in San Francisco. Moved by Councilman Bertrand and seconded by Councilman Brisky that 19 Mayor Meintsma and Councilman Rosenthal be the City's representatives at the National League of Cities Convention in San Francisco on Decem- ber 3-7, 1977. Motion Carried. Mayor Meintsma informed the Council of a conference in Duluth August 28-30 on "Economic Development: New Roles for City Government". Moved by Councilman Rosenthal and seconded by Councilman Bertrand to *) v authorize Mayor Meintsma to attend the "Economic Development: New "~ Roles for City Government" Conference in Duluth on August 28-30, 1977. Motion Carried. 2 AUGUST 1977 Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- prove the list of license applications, as submitted by the City Clerk \ to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. ATTEST: City Clerk I Q_ C 16 AUGUST 1977 Pursuant to due call and notice thereof, the meeting of the City Council of the City of Crystal was held on August 16, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Lanasdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; William Sherburne, City Engineer; Walter Arntzen, City Building Inspector; John Olson, Administrative Assistant; and Pat Ridgley, Deputy 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 August 2, 1977 were approved. The Council considered the status of the 3.2 beer license of the PDQ Store at 7200 - 56th Ave. No. After discussion of the alternative actions to consider, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Langsdorf that the off -sale non -intoxicating malt liquor license of Jack Mankowski be suspended for three days beginning 12:01 A.M. August 22, and ending 8:00 A.M. August 25. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to amend the motion to state that the non -intoxicating malt liquor license of Jack Mankowski be suspended for one day beginning at 12:01 A.M., August 22 and ending 8:00 A.M. August 23 and that the following order and conclusions as presented by the City Attorney, be adopted: 1. Pursuant to Crystal City Code Section 1005.23, the licensee was afforded an opportunity for a hearing with proper notice. 2. The PDQ Store located at 7200 Bass Lake Road has a license for the sale of 3.2 beer. The licensee is Mr. Jack Mankowski. 3. Patsy Rogers was employed by the PDQ Store at 7200 Bass Lake Road on October 16, 1976. 4. Patsy Rogers received classroom instruction from PDQ relative to the illegality of sale of beer to minors. 5. Patsy Rogers terminated her employment with the Bass Lake Road PDQ Store in mid-January, 1977. 6. On Maichl5, 1977, Mrs. Patsy Rogers appeared in Hennepin County Municipal Court, Division II, and was charged with "Sale of Beer to a Minor on October 16, 1976," and pleaded not guilty to that charge. 16 AUGUST 1977 7. On May 16, 1977, the date scheduled for the trial of the charge against Mrs. Rogers, she appeared in court and pled guilty to the charge of "Sale of Beer to a Minor on October 16, 1976." Pursuant to a plea agreement, Mrs. Rogers' sentence was stayed pursuant to Minn. Stat. 1976, §609.135, for a period of one year, on the condition that she had no "Sale to Minor" charges brought against her during that period. 8. Although PDQ management stated that it was unaware that charges were brought against Mrs. Rogers, Mr. Mankowski did know on December 28, 1976, that the alleged sale was being investigated but took no action to determine whether an illegal sale had been made or to determine whether charges would be brought, or to make any further inquiry of Mrs Rogers concerning the incident. 9. PDQ management does, as a part of its employee training \ program, advise its employees that it is illegal to sell beer to minors and, further, PDQ management does require its employees to ' ask for picture ID in questionable cases. 10. PDQ has made no showing that it has made any efforts to strengthen or re-emphasize that portion of its training program related to the sale of 3.2 beer. 11. A violation of Crystal City Code Section 1215.29(a) is established by the conviction of Mrs. Rogers, pursuant to her guilty plea. Conviction of an employee is grounds for revocation or suspension of the beer license issued to Mr. Mankowski under Crystal City Code Section 12125.19, Subd. 2. 12. Neither the guilty plea nor the testimony at the hearing substantiates a finding that the violation was willful on the part of the licensee or his agent. Therefore, the specific finding is made that the violation was non -willful. Councilman Brisky abstained. Motion Carried. A vote was then taken on the amended motion: Councilman Brisky abstained. Motion Carried. The City Engineer presented, for consideration by the Council, a report on improvement needs for the Royal Crown Motel, 6000 Lakeland Ave. No. for which the setting of a bond is required. -�' Moved by Councilman Rosenthal and seconded by Councilman Aaker to set bond in the amount of $10,100 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for the Royal Crown Motel, 6000 Lakeland Ave. No. as recommended by the City Engineer. Motion Carried. The City Engineer presented, for consideration by the Council, a �j report on improvement needs for Timesavers, Inc., 5720 Hanson Court for which the setting of a bond is required. 16 AUGUST 1977 Moved by Councilman Aaker and seconded by Councilman Brisky to set bond in the amount of $49,000 as a guarantee of faithful performance of certain work requirements as a condition of building permit —' approval for Timesavers, Inc., 5270 Hanson Court as recommended by the City Engineer. Motion Carried. The Building Inspector presented, for consideration by the Council, a request from Village Builders for tentative approval of proposed Carla Addition (located at Corvallis and Louisiana) and vacation of Louisiana north of Corvallis. Richard Kaufmann appeared. Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:00 P.M. September 6, 1977 as the time and date for a public hearing on the proposed vacation of Louisiana Ave. from Corvallis Ave. north to M.N. & S. Railroad retaining all utility easements as deemed necessary. Motion Carried. The.City Manager presented, for consideration by the Council, a request for a purchase of stock in the Paddock Bar and Lounge. s Moved by Councilman Langsdorf and seconded by Councilman Bertrand to approve the change in ownership of L.J.D., Inc., dba Paddock Bar & Lounge, 5540 Lakeland Avenue North, from Dorothy Beske, Joseph -- Hartinger and Lorraine Hartinger to Joseph Hartinger and Lorraine Hartinger, effective 12:01 A.M., September 1, 1977. Councilman Brisky abstained. Motion Carried. The Building Inspector presented, for consideration by the Council, a request for a sign variance from Chalet Bowl, 3520 Lalac Drive. Moved by Councilman Langsdorf and seconded by Councilman Aaker to deny the request from Chalet Bowl for a variance to the sign ordinance. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Aaker, Brisky, Meintsma; voting no: Rosenthal; absent and not voting: none. Motion Carried. The City Engineer presented, for consideration by the Council, a petition from residents for a sanitary sewer on Florida Ave. No. from 38th Ave. No. to 300 feet north. Larry Marofsky appeared for Virgil Jackson. 7 Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to table consideration of the petition so that a feasibility report can be prepared by the City Engineer and so that the petitioner can present a plan showing how the lot will meet flood plain regulations. -� Motion Carried. The Mayor presented, for approval by the Council, the appointment of John Schaaf to the Crystal Housing and Redevelopment Authority. QC)q 16 AUGUST 1977 Moved by Councilman Bertrand and seconded by Councilman Rygg to confirm the appointment of John Schaaf to the Crystal Housing and Redevelopment Authority. Motion Carried. The Council considered an appointment to the Planning Commission. Moved by Councilman Aaker and seconded by Councilman Langsdorf to take from the table the appointment to the Planning Commission. Motion Carried. Moved by Councilman Rosenthal and seconded by Councilman Rygg to appoint Francis Feyereisen to the Planning Commission with a term ending December 31, 1980. Motion Carried. The City Engineer presented,for consideration by the Council, a report on improvement needs for U -Haul Co., 5465 Lakeland Ave. No. Moved by Councilman Bertrand and seconded by Councilman Brisky to set bond in the amount of $1,500 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for U -Haul Co., 5465 Lakeland Ave. No. as recommended by the City (� Engineer. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to accept bond in the amount of $1,500 from U -Haul Co., 5465 Lakeland Ave. No. as a guarantee of faithful performance of certain work require- ments as a condition of issuance of a building permit for minor altera- tions at 5465 Lakeland Ave. No. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to enter into agreement with U -Haul Co., 5465 Lakeland Ave. N. for the purpose of guaranteeing faithful performance for certain work requirements as a conditiori-of issuance of a building permit for minor Alterations at 5465 Lakeland Ave. N. and further to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Manager presented, for consideration by the Council, the second reading of an ordinance relating to buildings and the certificate of occupancy. Moved by Councilman Rygg and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-21 AN ORDINANCE RELATING TO BUILDING: AMENDING CRYSTAL CITY CODE, SUBSECTION 400.01, SUBDIVISION 2 and further, that this be the second and final reading. Motion Carried. The City Manager presented, for consideration by the Council, the 1� second reading of an ordinance relating to the fencing of swimming pools. 16 AUGUST 1977 Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following ordinance: I �- ORDINANCE NO. 77-22 AN ORDINANCE RELATING TO PUBLIC SAFETY: REQUIRING FENCING OF SWIMMING POOLS: AMENDING CRYSTAL CITY CODE BY ADDING A NEW SECTION and further, that this be the second and final reading. Motion Carried. The City Engineer presented, for consideration by the Council, a resolution approving a change order on the 36th Ave. Project. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-49 RESOLUTION APPROVING CHANGE ORDER BE IT RESOLVED that Change Order No. 1 on Improvement Project 55-A (36th Avenue from Regent to June) is hereby approved; and, BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to sign such Change Order. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Aaker,Rosenthal, Meintsma, Brisky; voting no: none; absent and not voting:.fi6f@-:_ Motion Carried, Resolution declared adopted. s ATTEST: City Clerk The City Engineer presented, for consideration by the Council, an agreement with Golden Valley on the extension of the Scott Avenue storm sewer. tL{ Moved by Councilman Langsdorf and seconded by Councilman Rygg to enter into agreement with Golden Valley on the extension of the Scott Avenue storm sewer and authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Manager presented, for consideration by the Council, the I5 polling places for the September 13, 1977 primary election. 02 0 (A 16 AUGUST 1977 Moved by Councilman Aaker and seconded by Councilman Rygg to establish Neill School, 6600 - 27th Ave. No., Crystal, MN, and Crystal Heights School, 3415 Louisiana Ave. No., Crystal, MN as the polling places for Ward 1 for the September 13, 1977 primary election. Motion Carried. The Council discussed upon request of the Mayor a proposal for ,U a SuperAmerica station on Douglas Drive which had been before the Council previously. No Action Taken. The City Manager presented, for consideration by the Council, a petition from Mrs. Eugenia Humphrey, 5748 Pennsylvania Ave. No. and Joyce Fish, 5608 Pennsylvania Ave. No., regarding access to the proposed Taco Bell in New Hope at Bass Lake Road and Pennsylvania. The Council accepted the petition and instructed the City Manager to send a letter to Mrs. Humphrey and Mrs. Fish describing the latest plan for the area from Taco Bell and in- dicating that the Council will keep informed of any change in plans which involve the curb cuts on Pennsylvania. Councilman Aaker discussed with the Council the establishment of a noise ordinance similar to an ordinance now in effect in Bloom- ington. Moved by Councilman Aaker and seconded by Councilman Rosenthal to instruct the Environmental Commission to study a noise ordinance for the City of Crystal which can be effectively enforced. Motion Carried. John Schaaf asked the Council members if they would attend the meeting of the Hennepin County Commissioners when the Twin Lake boat restrictions are discussed. Moved by Councilman Rosenthal and seconded by Councilman Aaker to instruct the City Manager to send a letter to the County Commissioners detailing the hearing process involved in the passage of the ordinance restricting boats on Twin Lake. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Aaker to Ic approve the list of license applications. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to adjourn the meeting. Motion Carried. ATTEST: Y City Clerk IIIL/ W►1 , I ��. Pow / IN Zo7 6 SEPTEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on September 6, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Wally Arntzen; Building Inspector; Delores Ahmann, City Clerk; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of August 16, 1977 were corrected by including in the motion the order of the Conclusions and Order re- garding the suspension of the 3.2 beer license of Jack Mankowski. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ap- prove the minutes of the August 16, 1977 meeting, as corrected. Motion Carried. It being 7:00 P.M. Mayor Meintsma declared this was the time and place for the public hearing on the vacation of Louisiana Avenue North from Corvallis Avenue North, north to the Minneapolis, Northfield and Southern Railroad. The Mayor asked those present to voice their opinions or ask questions concerning the vacation. Those present and heard were: Lloyd Schreiner, 5608 57th Avenue North; Juanita Pickus, 6922 Corvallis; and Dick Kauffmann. Moved by Councilman Langsdorf and seconded by Councilman Rygg to adopt the following ordinance to vacate 131: ORDINANCE NO. 77-.Z3 AN ORDINANCE VACATING A PORTION OF A CERTAIN STREET WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held September 20, 1977. Motion Carried. Mr. Kauffmann asked the Council to consider a plat which indicated the vacation of the 13 feet. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to table consideration until the Planning Commission had seen the plat. Motion Carried. The City Clerk presented for consideration by the Council the list of election judges for the September 13, 1977 primary election. '- Moved by Councilman Aaker and seconded by Councilman Brisky to approve the list of election judges for the September 13 primary election as submitted, a copy of which is on file in the office of the City Clerk. Motion Carried. a 6 SEPTEMBER 1977 The City Manager presented, for consideration by the Council, the bids for a fire truck. Moved by Councilman Rygg and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unan- imous consent: RESOLUTION NO. 77-50 RESOLUTION AWARDING BIDS FOR A 1250 G.P.M. FIRE TRUCK WHEREAS, the City of Crystal did advertise for bids for a 1250 G.P.M. fire truck, and WHEREAS, such bids were received and publicly opened on August 4, 1977, and tabulated as follows: Company American La France Mack Trucks Howe Fire Apparatus Alt. Custom Alt. Pierce Fire Apparatus General Safety Equip. Co. Alternate add Bid Prices Delivery $83,477.00 160-200 workdays 76,321.00 10 cal. months 77,881.00 60 cal. days 74,354.00 12-13 months 75,900.00 75,450.00 78,450.00 74,100.00 240 workdays 71,456.00 340-360 workdays 1,215.00 AND WHEREAS American La France and Mack Truck Company did not meet specifications, AND WHEREAS all facts regarding all bids have been taken into consideration for the best interests of the City of Crystal, AND WHEREAS General Safety Equipment Company is the apparent low responsible bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the bid to General Safety Equipment Company in the amount of $71,456.00, plus Alternate in the amount of $1,215.00 for the furnishing of a 1250 G.P.M. fire truck, and further, that funds for this equipment will be taken from General Revenue Sharing, as designated by the 1977 budget. o/ 6 SEPTEMBER 1977 BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. L� By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. Ma r ATTEST: City Clerk The Building Inspector presented for consideration by the Council a request from Northwest Costume, 3205 Vera Cruz, for a permit to exca- vate and fill an area at 3205 Vera Cruz. 5 Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- prove the authorization to issue a permit to excavate and fill at 3205 Vera Cruz. Motion Carried. The City Manager presented for consideration by the Council a request for a tree trimmer's license from Davey Tree Expert Company, 8748 E. Research Center Road, New Hope, Minnesota. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to approve the tree trimmer's license for Davey Tree Expert Company, 8748 E. Research Center Road, New Hope, Minnesota. Motion Carried. The City Manager presented, for consideration by the Council, a request from Orr-Schelen-Mayeron & Associates, Inc., for an extension of six months for final plat approval of the Father William Blum Addition. Moved by Councilman Langsdorf and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-51 7 RESOLUTION WAIVING STRICT COMPLIANCE OF SECTION 505.05 OF THE CRYSTAL CITY CODE FOR THE FATHER WILLIAM BLUM ADDITION WHEREAS, on August 17, 1976, preliminary plat approval was granted for the Father William Blum Addition, and WHEREAS, it has been a year since the preliminary plat approval was granted for said Addition, and WHEREAS, difficulties have arisen which have made it impossible to complete the preparation of the final plat, 6 SEPTEMBER 1977 NOW, THEREFORE, BE IT RESOLVED that strict compliance of Section 505.05 of the Crystal City Code be waived to extend the deadline of final plat approval for six months for the Father William Blum Addition.' By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Aaker; abstained: Rosenthal. Motion carried, resolution declared adopted. ATTEST: City Clerk The City Engineer presented for consideration by the Council a request to appropriate municipal state -aid funds for a construction project on Trunk Highway 278 (36th Avenue). Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unan- imous consent: RESOLUTION NO. 77-52 tz APPROPRIATION OF MUNICIPAL STATE -AID FUNDS U TO T.H. PROJECT WHEREAS, it has been deemed advisable and necessary for the City of Crystal to participate in the cost of a construction project located on T.H. No. 278 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Depart- ment of Transportation and identified in its records as S.P. No. 2756-08 (T.H. 278=278) NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State -Aid Street Funds the sum of $104,226.19 dollars to apply toward the construction of said project and request the Com- missioner of Transportation to approve this authorization. MSAP 116-010-04. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. Mayo ATTEST r City Clerk ,... 6 SEPTEMBER 1977 The City Engineer presented for consideration by the Council a request to reduce the improvement security of the Knights of Columbus from $48,000 to $13,000. { Moved by Councilman Langsdorf and seconded by Councilman Aaker to re- duce the improvements security of the Knights of Columbus from $48,000 to $13,000, as recommended by the City Engineer. Motion Carried. The City Manager presented for consideration by the Council a letter of resignation from Ron Gulenchyn from the Human Relations Commission. /G Moved by Councilman Brisky and seconded by Councilman Rygg to accept the resignation of Ron Gulenchyn from the Human Relations Commission, and instruct the City Manager to send him an appropriate letter of thanks and appreciation. Motion Carried. The City Manager presented for consideration by the Council the 1978 City Budget for which the setting of a public hearing is required. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to set 7:00 P.M., September 15, 1977 as a Special meeting and 7:00 P.M., September 27, 1977 as a public hearing to discuss the 1978 City Budget. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to table 1� consideration of a request for a "No Parking" designation on Hanson Court until the next Council meeting. Motion Carried. Mayor Meintsma asked the progress on items which resulted from the joint meeting with New Hope on drainage problems. The City Manager indicated that because of the workload of the engineering staff, he would ask the Council to consider hiring a consulting engineer to pre- pare cost estimates on extending a storm sewer line from Memory Lane pond area to Twin Lake. By common consent, the Council authorized the City Manager to negotiate with a consulting engineer and to bring back a contract for approval by the Council. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- (y prove the list of license applications, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. Ma o ATTEST: City Clerk 15 SEPTEMBER 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on September 15, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secre- tary of the Council called the roll and the following were present: Langsdorf, Bertrand, Brisky, Aaker; the following were absent: Rygg, Meintsma, Rosenthal; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Miles Johnson, City Treasurer; and John Olson, Administrative Assistant. The Mayor Pro Tem led the Council and the audience in the Pledge of Allegiance to the Flag. The City Manager requested the Council consider the canvass of the September 13, 1977 Primary Election in Ward 1 as an item for the agenda. Moved by Councilman Langsdorf and seconded by Councilman Aaker to con- sider the canvass of the September 13, 1977 Primary Election in Ward 1 as an item for the agenda for the Special meeting. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place for the official canvass of the results of the Primary Election held on Septem- ber 13, 1977 in Ward 1. The results are as follows: PRECINCTS- 1 RECINCTS1 2 TOTAL WARD 1 COUNCILPERSON David Folsom 7 27 34 Philip G. Karno 9 26 35 Shirlie M. Lundgren 54 44 98 Total Votes Cast --167 No. of Spoiled Ballots --7. The Judges of Election were: Elizabeth Ziminski, Patricia Benson, Marie Biederman, Patricia Renschler, Marilyn Ensminger, Jeanne Nash, Marie Fink, and Glenda Schmidt. Moved by Councilman Aaker and seconded by Councilman Brisky that the official canvass of the election held on September 13, 1977 hereby declares that Shirlie M. Lundgren and Philip G. Karno in Ward 1 are qualified to appear on the ballot for the November 8, 1977 General Election. Motion Carried. The City Manager presented for consideration by the Council the 1978 City Budget. Councilman Rosenthal arrived at 7:10 P.M. 15 SEPTEMBER 1977 Discussion was held on the projected revenues and proposed expendi- tures for 1978. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. Mayor Pro Tem ,;� i1 20 SEPTEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on September 20, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Brisky, Meintsma, Rosenthal, Aaker; the following were ab- sent: Bertrand; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Wally Arntzen, Building Inspector; John Olson, 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 meeting of September 6, 1977 were approved. Councilman Bertrand arrived at 7:02 P.M. Don Toays, Chairman of the Crystal Frolics, presented the Mayor the winning entry in the "Design A City Flag" contest. After the presen- tation, the following motion was made: Moved by Councilman Rosenthal and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-52A RESOLUTION DESIGNATING AN OFFICIAL FLAG FOR THE CITY OF CRYSTAL WHEREAS, the Crystal Fire Department, as part of the 1977 Crystal Frolics, sponsored a Design -A -City -Flag contest; and, WHEREAS, all entries submitted were displayed and judged by per- sons attending the Frolics; and, WHEREAS, the winner of the contest was determined to be Eileen Cederberg, 3457 Orchard Avenue North, NOW, THEREFORE, BE IT RESOLVED that the design submitted by Eileen Cederberg be declared the official City flag; and, BE IT FURTHER RESOLVED that the City Council wishes to express its thanks and appreciation to Eileen Cederberg for her flag design; and, BE IT FINALLY RESOLVED that the flag designed by Eileen Cederberg and presented to the Mayor, be prominently displayed in the Crystal City Hall. 20 SEPTEMBER 1977 By roll call and voting ave: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: City Clerk Mayor ---'- The Building Inspector presented for consideration.by the Council a request for a building permit from William Kranz, Inc., for a 45'x70' commercial building at 3231 Nevada Avenue North. Mr. DeJarlais ap- peared to discuss the matter. '�L Moved by Councilman Langsdorf and seconded by Councilman Aaker to set bond in the amount of $8,500 as a guarantee of faithful performance of certain work requirements as a condition of building permit approval for a 45'x70' commercial building at 3231 Nevada Avenue North, as recom- mended by the City Engineer. Motion Carried. The City Engineer presented for consideration by the Council final approval of the Mike Peterson 2nd Addition which is a replat of Lots 1 and 2, Block 1, Mike Peterson Addition, located between Hampshire and Georgia on 35th Avenue North. Moved by Councilman Bertrand and seconded by Councilman Rygg to -adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-53 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organ- ized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Mike Peterson 2nd Addition, as submitted by Jeff Scholl, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled MIKE PETERSON 2ND ADDI- TION, City of Crystal, Hennepin County, Minnesota. M By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. <f ATTEST: City Clerk 20 SEPTEMBER 1977 The City Engineer presented for consideration by the Council the final approval of the McVay Addition which is a replat of Lot 11, Block 2, Boulevard Acres, located at 55th and Welcome Avenue North. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-54 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Mc Vay Addition, as submitted by Ken Mickelson, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled MC VAY ADDITION, City of Crystal, Hennepin County, Minnesota. - By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Meintsma, Aaker. Motion carried, resolution declared adopted. y � ayor ATTEST: City Clerk The Building Inspector presented for consideration by the Council a request for a variance in off-street parking requirements from Modern Tool, Inc., at 5217 Hanson Court. Mr. George Timmerman of Modern Tool, Inc., appeared. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to set 7:00 P.M., October 4, 1977, as the time and date for a public hear- ing at which time the Council will sit as a Board of Adjustments and Appeals to consider the request for a variance to Section 515.09, Subd. 3h-3, at 5217 Hanson Court, proposed Lot 1, Block 1, Woolston's 9th Addition. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance in curb cut opening requirements from Modern Tool, Inc., at 5217 Hanson Court. Mr. George Timmerman of Modern Tool, Inc., appeared. 20 SEPTEMBER 1977 Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., October 4, 1977 as the time and date for a public hearing at which time the Council will sit as a Board of Adjustments and Ap- peals to consider the request for a variance to Section 515.09, Subd. 3h-6, at 5217 Hanson Court, proposed Lot 1, Block 1, Woolston's 9th Addition. motion Carried. Mr. George Timmerman, Modern Tool, Inc., appeared before the Council to request "No Parking" on Hanson Court. '7 Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to table discussion of this matter until October 4 when the variance re- quests of Modern Tool are considered. Motion Carried. The Building Inspector presented for consideration by the Council a re- quest for a building permit from Richard Hess for an airplane hangar on Leased Lot 70-D, Crystal Airport. Mr. Richard Hess appeared. Moved by Councilman Aaker and seconded by Councilman Bertrand to approve, as recommended by the Planning Commission the authorization to issue building permit #174 to Richard Hess to build a 421x52' airplane hangar on Leased Lot 70-D, Crystal Airport, subject to standard procedure. Motion Carried. The Building Inspector presented for consideration by the Council a re- quest for a building permit from the U -Haul Company of Minnesota for remodeling and alterations to existing building located at 5465 Lake- land Avenue North. Ci Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- prove, as recommended by the Planning Commission, the authorization to issue building permit 4194 to U -Haul Company of Minnesota for re- modeling and alterations to the existing building located at 5465 Lake- land Avenue North, Plat #54330, Parcel #3160, subject to standard pro- cedure. Motion Carried. The Building Inspector presented for consideration by the Council ten- tative approval of a revised plat of Carla Addition which is a replat of Lot 25, Russ Addition, from Village Builders. •10 Moved by Councilman Rosenthal and seconded by Councilman Brisky to set T:OO P.M., October 4, 1977, as the time and date for a public hear- ing on the revised plat of Carla Addition. Motion Carried. The City Manager presented for consideration by the Council the Second Reading of an ordinance vacating 13 feet of Louisiana Avenue from Cor- vallis Avenue North to the M. N. & S. Railroad right-of-way. 1\ Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following ordinance: 20 SEPTEMBER 1977 ORDINANCE NO. 77-23 V 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. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance to the sign ordinance from Kentucky Fried Chicken for a sign at 6624 Bass Lake Road. Charles Peugh, Signcrafters, Inc., appeared to discuss the matter. Moved by Councilman Rosenthal and seconded by Councilman Aaker that pursuant to Chapter 406, Section 30, of the Crystal City Code, to vary or modify the strict application of Section 406.13, Subd. 6, to grant a variance so that the leading edge of the front pillar is in line with the leading edge of the building and conditioned on the determina- tion and refund of money received for sign loss. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to table the matter. Motion Carried. The City Manager presented for consideration by the Council a petition, from residents requesting the Council reconsider the denial of the rezoning of property at 5448 Orchard Avenue North from R-1 to R-2. The following persons appeared: Richard Ipsen, Mildred Ipsen, Harold Dahlen. The Council took no action on this matter. The City Manager presented for consideration by the Council a request to engage a consulting engineer to provide a report on the New Hope - Crystal storm sewer project (Memory Lane Pond). Moved by Councilman Aaker and seconded by Councilman Langsdorf to au- thorize the Mayor and City Manager to enter into agreement with Orr- Schelen-Mayeron & Associates, Inc., for a study to determine approxi- mate cost of running a storm sewer line from Memory Lane Pond to Twin Lake. Motion Carried. Mr. Greg Mack appeared before the Council to discuss a resolution sup- porting the Hennepin County Park Reserve District's effort to secure land and water conservation fund contingency reserves for the North i Hennepin Trail Corridor. t� Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 20 SEPTEMBER 1977 RESOLUTION NO. 77-55 RESOLUTION SUPPORTING THE HENNEPIN COUNTY PARK RESERVE DISTRICT'S EFFORT TO SECURE LAND AND WATER CONSERVATION FUND CONTINGENCY RESERVES FOR THE NORTH HENNEPIN TRAIL CORRIDOR WHEREAS, the Hennepin County Park Reserve District has proposed the establishment of a 40 -mile multi -use North Hennepin Trail Corridor, and WHEREAS, the Metropolitan Council in 1974 included the North Hen- nepin Trail Corridor in its Regional Recreation Open Space Plan, and WHEREAS, the Crystal Park and Recreation Commission and Crystal City Council has reviewed the concept plan for the proposed Hennepin Trail Corridor, and WHEREAS, the proposed trail corridor will be readily accessible to the residents of Crystal, providing an outstanding opportunity for such activities as hiking, bicycling, cross-country skiing, horseback riding and snowmobiling, and WHEREAS, the Hennepin County Park Reserve District intends to submit application for Land and Water Conservation Fund Contingency Reserves for the acquisition and development of the North Hennepin Trail Corridor, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal supports the proposed North Hennepin Trail Corridor, and BE IT FURTHER RESOLVED that the City Council supports the efforts of the Hennepin County Park Reserve District to secure Land and Water Conservation Fund Contingency Reserves for the acquisition and develop- ment of the North Hennepin Trail Corridor. By roll call and voting aye: Rygg, Langsdorf_, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk The Council considered the Housing Maintenance Code submitted by the Crystal Housing and Redevelopment Authority. Moved by Councilman Langsdorf and seconded by Councilman Brisky to 1 tc refer the Housing Maintenance Code to the Planning Commission, Human Relations Commission and the Environmental Commission for review and comment by the second Council meeting in December. Motion Carried. 20 SEPTEMBER 1977 The City Engineer presented for consideration by the Council a bond release for -R. L. Johnson Warehouse at 32nd and Nevada Avenue North. Moved by Councilman Aaker and seconded by Councilman Rosenthal to accept the work required as a condition of building permit approval for R. L. Johnson Warehouse at 7300 - 32nd Avenue North, subject to guaranty provisions of the agreement of this date, and that the bond of Fidelity & Deposit Co. of Maryland, No. 59-10-347, in the amount of $52,000 be released, subject to said guaranty, as recommended..by the City En- gineer. Motion Carried. The City Engineer presented for consideration by the Council a release of the Certificate of Deposit from Richard L. -Dempsey for an apartment building at 3219 Douglas Drive. Moved by Councilman Rygg and seconded by Councilman Langsdorf to ac- cept the work required as a condition of building permit approval for an apartment building at 3219 Douglas Drive, subject to guaranty pro- visions of the agreement of this date, and that the Certificate of De- posit in the amount of $9,700 be released, subject to said guaranty, as recommended by the City Engineer. Motion Carried. The City Engineer presented for consideration by the Council the plans and specifications for a project on Louisiana from 27th Avenue to 32nd Avenue. VA Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove the plans and specifications for Street Improvement #56-H, and to authorize the City Manager to advertise for bids. Motion Carried. The City Manager presented for consideration by the Council the 1978 City Budget. No action was taken. Mayor Meintsma distributed a letter he received from Mrs. Marie Abele, 6400 - 34th Avenue North, regarding a flower trellis attached to the front of her house. By common consent of the Council, the Mayor will write a letter to Mrs. Abele indicating the Council is reviewing guidelines for the Build- ing Department to follow regarding the definition of a structure and w ill consider this matter at the next Council meeting. �-- The Council discussed the letter from the Metropolitan Transit Commis- sion regarding locations of bus shelters. No action was taken. The Council discussed the letter from the Human Relations Commission 3 regarding "The House" pWram. The City Manager brought the Council up-to-date on the proposed Taco �`� Bell food establishment and discussion was held on the letter received 20 SEPTEMBER 1977 from the New Hope City Manager. The Council discussed the closing of curb cuts on Pennsylvania Avenue and the City Attorney was asked to '1 consider the legality of closing the curb cut to the PDQ Store on Mary- land. Mr. E. V. Goldsmith requested the Council consider an additional stop sign on 32nd Avenue to stop traffic which would be generated by the completion of the street. Moved by Councilman Langsdorf and seconded by Councilman Aaker to in- stall a fourth stop sign at the intersection of 32nd Avenue and Louis- iana Avenue. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rygg to approve _ the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. ATTEST: 2Li'��i�,,,-I�,,��,,-�l,�,,--,��,��l-,12--l�,,--- City Clerk F Mayor 27 SEPTEMBER 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on September 27, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The '— Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Miles Johnson, City Treasurer; Dave Kennedy, City Attorney; James Mossey, Chief of Police; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Manager requested the Council include consideration of the plans and specifications for the Valley Place Park Shelter as an addi- tional item on the agenda. Moved by Councilman Langsdorf and seconded by Councilman Rygg to in- clude consideration of plans and specifications for the Valley Place Park Shelter as an item on the agenda. Motion Carried. The City Manager presented for consideration by the Council the plans and specifications for the Valley Place Park Shelter. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ap- prove the plans and specifications for the Valley Place Park Shelter, and to authorize the City Manager to advertise for bids. .._ Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing to consider the 1978 City Budget. The Mayor asked those present to ask questions or voice their opinions concerning the proposed budget. The following persons were present and were heard: Alan Dorfman, attorney for apartment owners to discuss street lighting; and John Paulson, apartment owner, to discuss street lighting. Discussion was held on various aspects of the Police Department oper- ation and its relation to the budget request. Councilman Langsdorf indicated that the Park and Recreation Commission had discussed recreation fees and their recommendation was to continue the same fee structure. Discussion was then held on street lighting, particularly rates and whether it should be included in the general operating budget. After this discussion, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Rygg that it was the intent of the Council that street lighting not be included _ in the general tax levy and that the single family residential property owner be charged $2.05 per quarter and the multiple family property owner be charged $1.55 per unit per quarter. Motion Carried. The City Manager reviewed the questions which were asked about the budget at the last meeting, after which the following motion was made: 27 SEPTEMBER 1977 Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-56 A RESOLUTION ADOPTING BUDGET AND LEVYING TAXES FOR CERTIFICATION TO THE COUNTY AUDITOR. THAT WHEREAS, Section 7.06 of the City of Crystal Charter requires adoption of an annual budget appropriating certain budgeted funds, AND WHEREAS, the attached budget does show in detail the appro- priation to each department under the several funds, WHEREAS, State Law and the Charter require certification of taxes levied, THEREFORE, BE IT RESOLVED that there shall be appropriated to the specific funds the amounts indicated: General Fund (City Operations) $2,518,852 Bond Requirements 46,380 Police Relief Association 109,520 Firemen's Relief Association 7,000 PERA-FICA 115,280 Audit Costs 7,000 BE IT FURTHER RESOLVED that there is hereby levied for certifica- tion to the County Auditor the following amounts as indicated: General Fund (City Operations) $1,141,539 Bond Requirements 46,380 Police Relief Association 109,520 Firemen's Relief Association 7,000 PERA-FICA 115,280 Audit Costs 7,000 BE IT FURTHER RESOLVED that all funds appropriated but not levied shall be produced as follows: General Fund from licenses, permits, fees and sources as indicated in the attached budget. Annual Audit Fund from prior years surplus. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk 27 SEPTEMBER 1977 Moved by Councilman Bertrand and seconded by Councilman Rosenthal to include as an item on the agenda consideration of a communication to Taco Bell regarding the City's policy on commercial openings on a resi- dential street. Motion Carried. The City Manager explained that the Taco Bell restaurant proposal had been approved by the New Hope City Council and that the plan indicated no openings onto Pennsylvania Avenue, a Crystal residential street. After discussion, the following motion was made: Moved by Councilman Rosenthal and seconded by Councilman Bertrand to instruct the City Manager to communicate with Taco Bell to explain the City's policy of ingress and egress from commercial property onto residential streets. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to ad- journ the meeting. Motion Carried. ATTEST: City Clerk 3 OCTOBER 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on October 3, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Aaker; the following were ab- sent: Rosenthal; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; William Sherburne, City Engineer; Dave Kennedy, City Attorney; Dan Smith, As- sistant City Engineer; and Betty Bye, Assessment Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing to consider assessments for public improvements. The Mayor explained the assessment proceedings and asked if anyone had any comments or questions. The following persons were present and were heard: Phil Karno, 3109 Aquila David Folsom, 3027 Wisconsin Mary Rein, 3007 Yukon Marvin Johnson, 3216 Aquila Lee Jordan, 3015 Wisconsin Sylvester Girtz, 8332 32nd Ave. David Mork, 4304 Welcome Harold Peterson, 7909 30th Ave. Harold Locken, 6929 34th Ave. Shirlie Lundgren, 6307 34th Ave. Carrol Thornton, 3421 Major Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-57 RESOLUTION CONFIRMING ASSESSMENTS FOR IMPROVEMENTS INCLUD- ING STORM SEWER, ALLEY MAINTENANCE, BLACKTOP ALLEY, SEAL - COAT, SEALCOAT ALLEY, OMITTED WATER LATERAL, OMITTED SANI- TARY SEWER LATERAL, REASSESSMENT ON FORFEIT LAND, DISEASED TREE REMOVAL AND DELINQUENT SANITARY SEWER, WATER, STREET LIGHTING AND WEED CUTTING CHARGES BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. That the City Clerk, with the assistance of the City Engineer cal- culate the proper amount to be specially assessed for construction work and delinquent charges included as:. Storm Sewer #5578 . . . . . . . . . . 10 years Alley Maintenance #5678 . . . . . . . 1 year Blacktop Alley #5678 . . . . . . . . 5 years Blacktop Alley #5778 . . . . . . . . 5 years Sealcoat #5778 . . . . . . . . . 2 years Sealcoat Alley #5778 . . . . . . . . 2 years Omitted Water Lateral #3265 . . . . . 7 years Omitted Sanitary Sewer Lateral . . . 9 years Reassessment on Forfeit Land 1978 . . 10 years Diseased Tree Removal 1978 . . . . . 1 year 2 3 OCTOBER 1977 Delinquent Weed Cutting PIR 78 . . . . 1 year Delinquent Sewer & Water Utility Charges and Street Lighting PIR 78 . . . . . . . . 1 year more fully described in notice as published in Notice of Public Hear- ing in the North Hennepin Post on September 15, 1977 and said assess- ment roll having been heretofore ordered filed with the City Clerk, open to public inspection, together with tabulated statement in dupli- cate showing the proper description of each lot and every parcel, piece or tract of land to be specially assessed and the amount calculated against the same. 2. Notice having been published as required by law that the Council would meet at this time and place to consider and pass upon said 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 specified in the assessment roll is hereby approved and each of the lots, pieces or parcels of land enumerated in said proposed assessment roll is hereby found to be specifically benefited by the construction of said improve- ments, 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 res- pective lot, piece or parcel of land therein described. _. 3. Said proposed assessment roll is hereby adopted and confirmed and the sums fixed and named in said assessment roll are hereby adopted and confirmed as the proper special assessment for each such lot, piece or parcel of land and the City Clerk is hereby directed to certify the same and file said assessment roll in 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 interest to December 31 of the year in which payment is made EXCEPT THAT 5. All delinquent sanitary sewer, water, street lighting and weed cutting charges will be assessed directly against the property that received 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 1977, collectible with such taxes during the year 1978, if they are not prepaid by September 9, 1977. 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 3 OCTOBER 1977 equal installments and for the number of installments as set out in the Notice of Assessment Hearing published September 15, 1977 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, 1978 and each such sub- sequent installment shall be paid with one (1) year's interest at said rate on all unpaid installments. At such meeting all persons interested in such assessment appeared before the Council. 7. Any assessment 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 twenty (20) days after the adoption of the assessment roll and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. 8. The City Clerk is hereby directed to make tip and file with the County Auditor of Hennepin County, Minnesota, certified statement of the amount of all unpaid assessments and the amount which will be due thereon on the first Monday in January of each year. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Aaker, Meintsma; absent, not voting: Rosenthal. Motion carried, resolution declared adopted. Ma r ATTEST: City Clerk The Council then considered a resolution determining total amounts that would have to be assessed against certain tax -forfeited lands. Moved by Councilman Bertrand and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-58 RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX -FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE: AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT: AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF CHAPTER 394, MINNESOTA LAWS OF 1941. �'?e 3 OCTOBER 1977 BE IT RESOLVED by the City Council of the City of Crystal of Crystal, Minnesota: WHEREAS, at the time of the determination of the City Council of the City of Crystal of the total amounts of money to be assessed in the proceedings of the improvements listed below, certain parcels of land had been forfeited to the State, and were, therefore, not sub- ject to assessment: NOW, THEREFORE, pursuant to Chapter 394, Laws of Minnesota, 1941, the City Council does hereby determine that each of the parcels of land hereinafter described would have been assessed the amounts set opposite each such described parcel, if such parcel had not been tax - forfeited land and therefore not subject to assessment, and the City Council does hereby determine that each of said parcels has been bene- fited in an amount equal to the amount set opposite each of said par- cels: ar- cels: d� Description Improvement Levy # Amount Lot 1, Block 1, Nelson Terrace Sealcoat #5778 6824 $ 81.75 Plat 54803, Parcel 1500 Lot 2, Block 1, Nelson Terrace Sealcoat #5778 6824 81.75 Plat 54803, Parcel 3000 Lot 3, Block 1, Nelson Terrace Sealcoat #5778 6824 91.97 Plat 54803, Parcel 4500 Lot 6, Block 1, Nelson Terrace Sealcoat #5778 6824 81.75 Plat 54803, Parcel 9000 S 1/2 Lot 10, Block 1, Sunnybrook Sealcoat #5778 6824 255.19 Acres 2nd Plat 55057, Parcel 2020 By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Aaker, Meintsma; absent, not voting: Rosenthal. Motion carried, resolution declared adopted. May - ATTEST: City Clerk Moved by Councilman Aaker and seconded by Councilman Bertrand to ad- journ the meeting. ' Motion Carried. o ATTEST: May�-- City Clerk 4 OCTOBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on October 4, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney, Wil- liam Sherburne, City Engineer; Wally Arntzen, Building Inspector; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the Special meeting of September 15, 1977, regular meet- ing of September 20, 1977, and the Special meeting of September 27, 1977 were approved. It being 7:00 P.M. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request of Modern Tool, Inc., for a variance in the off --street parking requirement to permit backing onto a public street at 5217 Hanson Court. The Mayor asked those present to voice their opinions or ask questions concerning the requested variance. No one appeared. Moved by Councilman Aaker and seconded by Councilman Brisky that pur- suant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.09, Subd. 3h-3 to permit backing onto a public street at 5217 Hanson Court, proposed Lot 1, Block 1, Woolston's 9th Addition. Motion Failed Unanimously. Moved by Councilman Langsdorf and seconded by Councilman Rygg to deny, as recommended by and based on the findings of fact of the Planning Commission, and based on the finding of fact that there is nothing unique to allow the issuance of a variance, the request for the variance of Modern Tool, Inc., to permit backing onto a public street. Motion Carried. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the variance request of Modern Tool, Inc., for a variance to allow a 60 ft. width curb cut opening at 5217 Hanson Court. The Mayor asked those present to voice their opinions or ask questions concerning the requested variance. No one appeared. Moved by Councilman Rosenthal and seconded by Councilman Aaker to deny, as recommended by and based on the findings of fact of the Planning Commission, and based on the finding of fact that there is no finding of hardship as required by the ordinance either economic or non -economic, the variance request of Modern Tool, Inc., for a variance of 38 feet in the width of one curb cut. Motion Carried. Mr. George Timmerman of Modern Tool, Inc., had requested a "No Parking" designation on Hanson Court. He did not appear. d- 4 OCTOBER 1977 Moved by Councilman Bertrand and seconded by Councilman Rygg to deny i the request for a "No Parking" designation on Hanson Court in view of �- the last two actions taken on the variance requests for Modern Tool, Inc. The Mayor ruled this motion out of order.because it is still tabled. By common consent of the Council, staff was requested to contact Modern Tool, Inc. to ascertain whether Mr. Timmerman still wants the "No Park- ing" designation on Hanson Court. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the revised plat of Carla Addition. The Mayor asked those present to voice their opinions or ask questions concern- ing the proposed plat. Mr. Steve Kauffmann was present. Moved by Councilman Rosenthal and seconded by Councilman Aaker to grant tentative approval of the revised plat of Carla Addition located at the northeast corner of Corvallis and Louisiana Avenue and which is a re - plat of Lot 25, Russ Addition. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from Kentucky Fried Chicken for a sign at 6624 Bass Lake Road. This matter was tabled at the last Council meeting. ID The Building Inspector noted that the applicant did not have his infor-i mation ready and wished to present it at the October 18, 1977 Council meeting. Therefore, the matter was continued until Kentucky Fried Chicken can present their information. The City Manager presented for consideration by the Council the bids for the Valley Place Park Shelter. Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-59 RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF VALLEY PLACE PARK SHELTER WHEREAS, the City of Crystal did advertise for bids for the Valley Place Park Shelter Building, and WHEREAS, such bids were received and publicly opened on October 4, 1977, and tabulated as follows: Base Bid Deduct Alternate No. 1 Kover Corporation $122,222.00 $7,000.00 120 calendar days 4 4 OCTOBER 1977 Roger Sheehy Company Robert 0. Westlund Henning Nelson Const. Co. M. A. Barr Construction Stratton -Nielsen Co., Inc. Base Bid $129,600.00 100 calendar days $114,593.00 180 calendar days $133,600.00 90 calendar days $105,000.00 120 calendar days $ 96,014.00 60 calendar days 7 I- Deduct Alternate No. 1 $7,800.00 $7,523.00 $7,700.00 $3,000.00 $5,500.00 Co AND WHEREAS Stratton -Nielsen Company, Inc., is the apparent low bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract for the base bid of $96,014.00 with deduct alternate No. 1 of $5,500.00 for a total amount of $90,514.00 for the Valley Place Park Shelter Building to Stratton -Nielsen Company, Inc., and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. ATTEST: ��Ci`-•>.�'r.�_�'.�.0� - City Clerk Moved by Councilman Langsdorf and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-60 RESOLUTION REQUESTING HENNEPIN COUNTY TO TRANSFER FUNDS WHEREAS, the City of Crystal has advertised for bids for a Valley Place Park Shelter Building, and WHEREAS, the City of Crystal has awarded the contract for the Valley Place Park Shelter Building, I 4 OCTOBER 1977 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal requests Hennepin County to authorize the use of the $10,000 specified in the Community Development Block Grant Application Year II, which was noted as an unspecified local option, to be trans- ferred to the Valley Place Shelter activity. By roll call and voting aye: thal, Aaker, Meintsma. Motion ATTEST: City Clerk Rygg, Langsdorf, Bertrand, Brisky, Rosen - carried, resolution declared adopted. The Council considered a request from Mrs. Marie Abele,'6400 - 34th Avenue North to discuss a building permit for her residence. Mrs. Abele was not present to discuss this item. The Council concurred with the Building Inspector's definition of a structure. The Building Inspector presented for consideration by the Council a request from Norm Nafstad, 8200 Vincent Avenue North for a permit to excavate and fill in the area between 29th Avenue North and 32nd Avenue North west of Brunswick. Mr. Nafstad was present. Moved by Councilman Aaker and seconded by Councilman Rygg to authorize the issuance of a temporary excavation permit for a period not to exceed 90 days to excavate and fill in the area between 29th Avenue North and 32nd Avenue North west of Brunswick Ave. N. Motion Carried. The City Clerk presented for consideration by the Council the list of polling places and election judges for the November 8, 1977 General Election. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to approve the list of election judges and polling places for the November 8, 1977 General Election as follows: WARD 1, PRECINCT 1 WARD 1, PRECINCT 2 ,G NEILL SCHOOL CRYSTAL HEIGHTS SCHOOL Elizabeth Ziminski 3348 Florida Patricia Benson 3340 Hampshire Marie Biederman 2742 Louisiana Delores Lejcher 3024 Florida Marilyn Ensminger 3418 Georgia Jeanne Nash 8108 34th Ave. Phyllis O'Neill 6924 35th Ave. Betty Baehr 8324 31st Ave. WARD 2, PRECINCT 1 FAIR SCHOOL Florence Gaulke 3924 Douglas Drive Bernice Berg 3549 Perry Hesther Truax 3713 Vera Cruz.. WARD 2, PRECINCT 2 CITY HALL Grace Berner 6401 41st Ave. Eileen Broman 3857 Idaho Iva Oberg 4224 Kentucky WARD 3, PRECINCT 3 CAVANAGH SCHOOL Anne Weinard 4710 Orchard Mildred Herman 5119 Lakeside Caroline Hughes 4825 Vera Cruz 4 OCTOBER 1977 WARD 3, PRECINCT 1 WARD 3, PRECINCT 2 WELCOME PARK SHELTER FOREST SCHOOL Diane Malmberg 6807 47th Ave. Hazel Hoenigschmidt 4534 Welcome Vidar Fladmoe 4501 Brunswick WARD 4, PRECINCT 1 TWIN OAK PARK SHELTER Claire Clair 5307 Edgewood Odelia Lewis 5224 Idaho Barbara Reed 4944 Jersey Ave. lU WARD 4, PRECINCT 2 THORSON SCHOOL Phyllis Adamson Bernadine Plasencia 5724 Twin Lake Terrace 5841 Pennsylvania JoAnn Keske 5657 Perry Patricia Campion 5320 Perry Ave. Marjorie Olson 6600 Dudley Kay M. Olson 6915 59th Ave. Motion Carried. The City Manager presented for consideration by the Council a resolu- tion cancelling certain checks. Moved by Councilman Rosenthal and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-61 RESOLUTION CANCELLING CERTAIN CHECKS NOW, THEREFORE, BE IT RESOLVED that the following checks be can- celled by the City of Crystal: CHECK # WRITTEN TO DATED AMOUNT 16588 Betty Blowers 2-18-71 $ 4.50 20264 Thomas Briggs 3-03-72 4.50 23871 David Kresa 3-16-73 18.00 29231 City of St. Louis Park 3-02-71 2.00 32525 Karyn Prois 7-06-72 5.00 34800 Matt Brown 6-05-73 1.00 35222 Westinghouse 7-18-73 26.84 36810 Mailing Machine Service 3-25-74 6.00 TOTAL $67.84 11 4 OCTOBER 1977 By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted.' ATTEST: City Clerk The City Engineer presented for consideration by the Council the bids for Street Improvement #56-H, Louisiana Avenue from 27th to 32nd. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-62 RESOLUTION AWARDING BIDS FOR CONSTRUCTION OF IMPROVEMENT #56-H WHEREAS, the City of Crystal did advertise for bids for street Improvement No. 56-H (Louisiana Avenue from 27th to 32nd), and WHEREAS, such bids were received and publicly opened on September 30, 1977, and tabulated as follows: Bury & Carlson, Inc. $159,829.68 Hardrives, Inc. 169,888.48 Alexander Construction Co., Inc. 173,490.41 C. S. McCrossan, Inc. 177,546.78 AND WHEREAS, Bury & Carlson, Inc., is the apparent low bidder, and most responsive to the specifications, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract in the amount of $159,829.68 for street Improvement No. 56-H (Louisiana Avenue from 27th to 32nd) to Bury & Carlson, Inc., and BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carriedresolution declared adopted. Z, ATTEST: L �� /✓iii/✓/" .G:71/�'✓ `/ ATTEST: City Clerk 4 OCTOBER 1977 The City Manager presented for consideration by the Council an appli- cation to the Metropolitan Council for a grant to off -set mandatory planning costs. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-63 RESOLUTION AUTHORIZING THE CITY OF CRYSTAL TO MAKE APPLI- CATION FOR A COMMUNITY COMPREHENSIVE PLANNING FUND ENTITLEMENT WHEREAS, the City of Crystal is aware of the Mandatory Planning �. Act of 1976, and WHEREAS, the City of Crystal has prepared various planning docu- ments which it has used to guide the City's development, and WHEREAS, the aforementioned legislation requires specific items to be included in the planning documents of all the cities in the State of Minnesota, and WHEREAS, the City of Crystal, upon receiving its system state- ment from the Metropolitan Council, has reviewed its planning docu- ments, and WHEREAS, the City of Crystal is required to submit an application for grant funds within one hundred and twenty (120) days of receipt of that system statement, and WHEREAS, an estimate of costs to meet the requirements of the provisions of law has been made, and WHEREAS, the City of Crystal will be reviewing the specific needs of the Mandatory Planning Act and may have to revise its original appli- cation, depending on the information supplied by the Metropolitan Coun- cil planning staff, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal City Coun- cil authorizes application to the Metropolitan Council for Community Comprehensive Planning Fund Entitlement of $5,113.00 by the City Man- ager. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker. Motion carried, resolution declared adopted. Maya ATTEST: City Clerk 4 OCTOBER 1977 The City Manager presented for consideration by the Council, an agree- ment with Hennepin County to reallocate funds from Hennepin County Community Health Services. Moved by Councilman Rygg and seconded by Councilman Aaker to authorize the Mayor and City Manager to enter into agreement with Hennepin County to reallocate funds to cities which participate in the Community Health Service program. Motion Carried. The Building Inspector presented for consideration by the Council a report on an unsafe building at 4554 Hampshire Avenue North. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-64 RESOLUTION RELATING TO SECURING A VACANT BUILDING DEEMED TO BE HAZARDOUS WHEREAS, the City Building Inspector has reported to the Council that a certain building located at 4554 Hampshire Avenue North is va- cant and unoccupied and in his judgment is a hazard in that the build- ing is open to trespass and has not been secured, and WHEREAS it is the opinion of the Council based on the report of the Building Inspector that the building could be made safe by secur- ing the same: , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal as follows: 1. The City Council hereby orders the building at 4554 Hampshire Avenue North be properly secured pursuant to Minnesota Statutes, Section 463.251. 2. The Building Inspector and the City Manager are au- thorized and directed to serve upon the owner of record of the premises or his agent an order directing said owner or agent to properly secure the building immediately upon re- ceipt of the order.. 3. In view of the imminent hazards to health and safety caused by said building the Building Inspector is hereby au- thorized and directed to cause the building to be properly secured immediately and concurrently with the mailing of the above notice to the owner of the building or his agent. 4. Any building permits heretofore issued for construc- tion or repair in said building are hereby revoked. 4 OCTOBER 1977 5. The Building Inspector is directed to report to the Council at its next regular or special meeting on the condition of the building and on appropriate steps to be taken to remove or raze the building as a hazardous build- ing under Minnesota Statutes, Section 463.15-.261. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. Ma r ATTEST: City Clerk The City Manager presented for consideration by the Council a report on the status of City investment monies. After discussion, the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by .—. unanimous consent: RESOLUTION NO. 77-65 RESOLUTION TRANSFERRING FUNDS WHEREAS there exists in Sanitary Sewer #8 Debt Service Fund bal- ances in excess of the amount needed to pay on principal and interest on all bonds payable from said fund, and the Council is authorized by Minnesota Statutes, Section 475.61, Subdivision 4 to apply said excess amounts to other authorized corporate purposes, and WHEREAS the City Manager has recommended the transfer of funds from Sanitary Sewer #8 Debt Service Fund for certain priority capital expenditures: BE IT RESOLVED by the City Council of the City of Crystal as fol- lows: 1. The sum of $193,600 is transferred from Sanitary Sewer #8 Debt Service Fund to the Permanent Improvement Building Repair and Miscellaneous Equipment Fund hereby created. 2. The sum herein transferred shall be expended as follows: I�0 C1 4 OCTOBER 1977 Needed fire truck expenditure to be added to revenue sharing appropriation . . . . . . . . $ 7,000 Additional fire pumper truck . . . . . . . . . . $75,000 Emergency generator for municipal buildings $11,000 Renewal of communication system for the Fire Department . . . . . . . . . . . . . . . . $15,600 Patrol grader replacement . . . . . . . . . . . $78,000 Building repairs to North and South Fire Stations . . . . . . . . . . . . . . . . . . . . $ 7,000 By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Ro- senthal, Aaker, Meintsma. Motion carried, resolution declared adopted. n � Na r ATTEST: City Clerk Moved by Councilman Aaker and seconded by Councilman Langsdorf to set a Special meeting at 7:00 P.M., October 25, 1977 to discuss the City investment monies. Motion Carried. Councilman Brisky wished to discuss with the Council the question of lowering the age requirement for the use of pinball machines. It was the consensus of the Council to request staff to submit an up- dated report concerning this item. Moved by Councilman Langsdorf and seconded by Councilman Brisky to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorporated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Aaker to adjourn the meeting. Motion/Carried. b Mayor ATTEST: City Clerk 18 OCTOBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on October 18, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; Wil- liam Sherburne, City Engineer; Walter Arntzen, Building Inspector; John Olson, 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 Special meeting of October 3, 1977 and the regular meeting of October 4, 1977 were approved. The Mayor welcomed the Webelos Den of Cub Scout Troop #405, First Lu- theran Church of Crystal and their leader, Tom Wells, to the meeting. The Building Inspector presented for consideration by the Council a request from Signcrafters for a variance to the sign ordinance at 6624 - 56th Avenue North. This matter was tabled at the September 20 meeting. Moved by Councilman Rosenthal and seconded by Councilman Aaker to re- move from the table consideration of the request for a sign variance at 6624 - 56th Avenue North. Motion Carried. The following persons appeared on this matter: Jack Lawrence of Sign - crafters. After discussion of the positioning of the sign and the possibility of erecting a smaller sign which would be in conformance with the or- dinance, Mr. Lawrence withdrew his requests for variances for setback and square footage with the understanding that he would erect a 6'x8' sign set back the required 10 feet. The Building Inspector presented for consideration by the Council a request from Signcrafters for a variance to the sign ordinance (second free-standing sign) at 5629 West Broadway (Arby's). The following persons appeared: Jack Lawrence of Signcrafters and Mr. Nadler, repre- senting Arby's. Moved by Councilman Bertrand and seconded by Councilman Rygg that pur- suant to Chapter 406, Section 30, of the Crystal City Code to vary or modify the strict application of Section 406.17 to grant a variance to allow a second free-standing sign at 5629 `rest Broadway. Motion Carried. The Building Inspector presented for consideration by the Council a request from Signcrafters for a variance to the sign ordinance (clear- 3 I ance to ground) at 5629 West Broadway. The following persons appeared on this matter: Jack Lawrence of Signcrafters and Mr. Nadler, represent- ing Arby's. 18 OCTOBER 1977 Moved by Councilman Bertrand and seconded by Councilman Rosenthal that pursuant to Chapter 406, Section 30, of the Crystal City Code, to vary ` or modify the strict application of Section 406.17, Subd. 3(d) to grant a variance to allow less than 10 feet of clearance between the ground and sign at 5629 West Broadway (Arby's). Motion Carried. The City Engineer presented for consideration by the Council the ten- tative approval of Design Associates Addition for which the setting of a public hearing is required. Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., November 1, 1977, as the time and date for a public hearing on the proposed Design Associates Addition, located at 57th Avenue and West Broadway. Motion Carried. Mr. Leander G. Lippert, representing Snack Time Services, appeared before the Council to discuss an amendment to the food handling ordi- nance. Discussion was held on the product being sold, the present City ordinance, and how the business would fit into the ordinance. .t By common consent, the Council directed the City Attorney and staff to prepare any necessary changes in the ordinance. Joan and Steven Boger, 2908 Idaho Avenue North, presented to the Coun- cil a petition requesting a two-way stop sign at the intersection of 30th and Idaho, stopping north -south traffic, and at 29th and Idaho. Moved by Councilman Rosenthal and seconded by Councilman Aaker to in- stall two-way stop signs at the intersections of 29th and Idaho and 30th and Idaho to stop north -south traffic. Motion Carried. The Building Inspector presented for consideration by the Council a request from the Gittleman Corporation for a conditional use permit for a planned unit development at 4710 - 58th Avenue North. John West- -7 gard and Melvin Gittleman of the Gittleman Corporation appeared. t Moved by Councilman Langsdorf and seconded by Councilman Aaker to ap- prove, as recommended by the Planning Commission, application #77-41 for a conditional use permit, as submitted by the Gittleman Corporation, for a planned unit development at 4710 - 58th Avenue North (proposed Lot 1, Block 1, Twin Lake North 2nd Addition), provided the drainage is retained on the west side, the present flora is retained on the west and north, and that there is a 40' setback from the north property line. Motion Carried. Mr. Gittleman then requested the Council consider authorizing the build- ing permit subject to working out the differences on the building plan and subject to any bond requirements. After discussion, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Rygg to author- ize, as recommended by the Planning Commission, the issuance of build- ing permit #0166 to Gittleman Corporation for a 66 -unit condominium 1' 3 18 OCTOBER 1977 at 4710 - 58th Avenue North, Plat #54104, Parcels #1200 & #2500 (pro- posed Lot 1, Block 1, Twin Lake North 2nd Addition), subject to standard procedure; also subject to receipt of bond, signed agreement, and ap- proval of the building plan by the City Staff. Motion Carried. The Building Inspector presented for consideration by the Council the setting of a public hearing for a variance to building an addition to the garage at 8117 -- 34th Avenue North. Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to set 7:00 P.M., November 1, 1977, 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 the request for a variance to Section 515.13, Subd. 3(a-1) at 8117 - 34th Avenue North, Lot 6, Block 4, Winnetka Park 3rd Addition. Motion Carried. The Building Inspector presented for consideration by the Council the setting of a public hearing for a variance to build an accessory build- ing at 5222 - 56th Avenue North. 0 is Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., November 1, 1977, 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 the request for a variance to Section 515.07, Subd. 5(b), —� at 5222 - 56th Avenue North, Lot 1, Block 1, Charles R. Knaeble Post #494. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit to build a hangar on Leased Lot 13B, Crystal Airport. Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove, as recommended by the Planning Commission, the authorization to issue building permit #0268 to Lyman Lumber Company, for an 821x48' hangar on Leased Lot 13B, Crystal Airport, subject to standard proce- dure. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit for an addition to an existing building at 5153 Idaho Avenue North, and for which the setting of a bond is required. Moved by Councilman Rygg and seconded by Councilman Aaker to set bond in the amount of $2,500 as a guarantee of faithful performance of cer- tain work requirements as a condition of building permit approval for an addition to the existing building at 5153 Idaho Avenue north, as recommended by the City Engineer. Motion Carried. The Building Inspector presented for consideration by the Council the setting of a public hearing for a variance request by Gregg Jewett to build an addition to the house at 8001 - 35th Avenue North. kk 1P, 18 OCTOBER 1977 Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., November 1, 1977, as the time and date for a public hearing i� at which time the Council will sit as a Board of Adjustments and Appeals to consider the request for a variance to Section 515.13, Subd. 4-a, at 8001 - 35th Avenue North, Lot 1, Block 3, Winnetka Park 3rd Addition. Motion Carried. The Building Inspector presented for consideration by the Council a report on the single-family dwelling at 4554 Hampshire Avenue North. Mr. Aaron Williams appeared. Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unani- mous consent: RESOLUTION NO. 77-66 A RESOLUTION RELATING TO CERTAIN HAZARDOUS v -A PROPERTY WITHIN THE CITY BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota, as follows: 1. Pursuant to Sections 463.15 to 463.261, inclusive, Minnesota Statutes, 1976, the City Council of the City of Crystal, Minnesota, finds that the structure located at 4554 Hampshire Avenue North upon i the parcel of land legally described as follows: The North Eighty (80) feet of the South Two Hundred Twenty -Two (222) feet of Lot 10, Banholzer's Addition, to be hazardous within the meaning of the aforesaid statute for the following reasons: 1. The foundation plates are decayed throughout most of the building and must be replaced. 2. The floor joists on lst and 2nd floors are overspanned in several areas and decay is evident throughout joist system, requiring replacement. 3. There is excessive notching of floor joists throughout the building. 4. The joists under bearing partitions are not doubled. 5. Subflooring on both floors has excessive decay and joints do not occur over supports. 6. Wall studs are not 16" on center and approximately 75% of the studs on the exterior walls are spliced at one or both ends. 7. The wall corners do not have 3 studs as required. /S 18 OCTOBER 1977 8. The exterior walls are not braced. 9. The windows and door openings do not have headers. 10. The wall studs have excessive notching throughout building. 11. The beams in the basement are short of support columns. The steel plates have been cantilevered from columns, and beams are laying on steel. 12. There is no heating system. 13. The plumbing is defective and needs replacement. 14. The electrical system needs extensive work. 15. The foundation has several large cracks and approxi- IL-1 mately 50% needs replacement. 2. Pursuant to the foregoing and in accordance with the said statute, the City Manager is hereby authorized and directed to order the owner of said property to correct the above deficiencies or to _ remove or raze such hazardous building and that such repair, razing or removal be completed within 30 days of the date of service of said Order. 3. The City Manager shall advise the owner that unless such ac- tion is taken or an answer served upon the City and filed in the office of the Clerk of District Court for Hennepin County, Minnesota, within 20 days of the date of the service of the Order upon him, a Motion for Summary Enforcement of the Order will be made to the District Court. 4. The City Manager shall further advise the owner that if the City is compelled to take any corrective action herein all necessary expenses will be certified to the County Auditor for collection and that such costs and expenses will be collected as other taxes. 5. The City Manager is further authorized to give the above no- tice to any lien holders of record. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. ATTEST: h City Clerk Mayor 18 OCTOBER 1977 Mr. Bernie Carlson appeared before the Council to discuss the possibil- ity of amending the present ordinance regarding age requirements for people playing pinball machines. After discussion on the police report and the report of the detached worker and how the reports applied to the age restriction of pinball machines, the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 77-1 S AN ORDINANCE RELATING TO MECHANICAL AMUSEMENT DEVICES AND THEIR USE BY MINORS: REPEALING CRYSTAL CITY CODE, SUB- SECTION 1100.09, SUBD. 5 and further, that the second and final reading be held November 1, 1977. By roll call and voting aye: Langsdorf, Bertrand, Brisky, Rosenthal, Aaker, Meintsma; voting no: Rygg. Motion Carried. The City Attorney presented for consideration by the Council the First Reading of an ordinance amending Section 720 of the:Crystal .City Code, changing the unit definition regarding multiple dwellings. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to I� adopt the following ordinance: ORDINANCE NO. 77- .Z4 AN ORDINANCE RELATING TO THE CITY STREET LIGHTING SYSTEM: DEFINING CERTAIN BILLING UNITS: AMENDING CRYSTAL CITY CODE, SUBSECTION 720.05, SUBDIVISION 1 and further, that the second and final reading be held on November 1, 1977. Motion Carried. The City Manager presented for consideration by the Council setting of a Special Council meeting to canvass the results of the November 8 General Election. Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:00 P.M., November 9, 1977, as the time and date for a Special meet- ing of the City Council to canvass the results of the November 8, 1977 General Election. Motion Carried. The City Engineer presented for consideration by the Council a report on alley maintenance in the City. Discussion followed with the consen- sus of the Council being to leave the policy on alley maintenance the same and review the possibility of funding the extraordinary cost of installing storm sewer in some alleys when improved. 18 OCTOBER 1977 The City Manager presented for consideration by the Council a contract with the Metropolitan Council Housing and Redevelopment Authority for the extension of the Section 8 rental assistance program. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to authorize the Mayor and City Manager to sign the contract with the Metropolitan Council Housing and Redevelopment Authority for the ex- tension of the Section 8 rental assistance program. Motion Carried. The Building Inspector presented for consideration by the Council a request to reduce the escrow on property at 4801 Idaho Avenue North from $2,000 to $1,000. Moved by Councilman Rygg and seconded by Councilman Aaker to reduce the escrow required as a guarantee of faithful performance of certain work requirements for property at 4801 Idaho Avenue North from $2,000 to $1,000, as recommended by the Building Inspector. Motion Carried. �7 Ci, The City Engineer presented for consideration by the Council partial release of currently held security for work being done at Valley View Park 2nd Addition. _.� J Moved by Councilman Rosenthal and seconded by Councilman Rygg to approve the release of $39,000, leaving a balance of $9,000 plus accrued inter- est in a savings account, for Valley View Park 2nd Addition, as recom- mended by the City Engineer. Motion Carried. The City Manager presented to the Council a Joint Powers Agreement proposal for public health nursing service, and explained the necessity for entering into such an agreement. Moved by Councilman Bertrand and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-67 RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN HEALTH NURSING SERVICE; AND DIRECTING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WHEREAS, the City of Crystal is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units, and WHEREAS, the City Council has duly established a board of health and assigned it duties as provided in Minnesota Statutes, Section 145.913, and WHEREAS, the City Council has determined that the City cooperate with other municipalities in providing community health nursing ser- vices and home health services: 18 OCTOBER 1977 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The Mayor and Manager are authorized and directed to execute the attached Joint and Cooperative Agreement providing for membership of the City in the Suburban Health Nursing Service. 2. The City Clerk is directed to file a copy of the executed �`� agreement together with a certified copy of this resolution with the City Manager of the City of Crystal. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried, resolution declared adopted. .L611 Mayan ATTEST: City Clerk Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-68 RESOLUTION DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE SUBURBAN HEALTH NURSING SERVICE BE IT RESOLVED by the City Council of the City of Crystal, Minne- sota that in accordance with the provisions of the Joint and Coopera- tive Agreement, the Council hereby designates John T. Irving as its first director on the Board of Directors of the Suburban Health Nurs- ing Service, AND FURTHER, the City Clerk is directed to file a certified copy of this resolution with the City Manager of the City of Crystal. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker, Meintsma. Motion carried- ,,.resolution declared adopted. Mayor ATTEST: City Clerk The City Manager presented for consideration by the Council an agree- ment with Robbinsdale for sharing the cost of the extension of the Scott Avenue storm sewer. 18 OCTOBER 1977 Moved by Councilman Aaker and seconded by Councilman Rygg to enter into agreement with the City of Robbinsdale for cost sharing of the s,?q extension of the Scott Avenue storm sewer and to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The City Manager informed the Council of his discussion with County _ staff on when the matter of boats on Twin Lake would appear on the �_- County Board agenda. He said he was informed that the County staff would attempt to give the City three weeks' notice. Councilman Langsdorf advised the Council of the joint meeting with the District 281 School Board and said the School Board indicated it would --:)(c be considering the closing of more schools, and a possible referendum at its meeting in January. Moved by°,Councilman Aaker and seconded by Councilman Rygg to approve the list of license applications, as submitted by the City Clerk to 7 the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Bertrand to adjourn the meeting. Motion Carried. ATTEST: City Clerk / J Mayor W-0 25 OCTOBER 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on October 25, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secre- tary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Rosenthal, Aaker; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; Miles Johnson, Finance Director; Ed Brandeen, Director of Parks and Recreation; and John Olson, Administrative Assistant. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Meintsma declared this was the time and place as advertised for the public meeting to discuss the alternative uses of the accumulated balances from closed -out bond retirement funds. The Mayor opened the meeting for comments and suggestions. Councilman Langsdorf outlined the proposal from the Park and Recreation Advisory Commission which includes the following recommendations: 1. Improvements consisting of general lighting, new hockey boards, hockey light relamping and fencing at specific parks for safety. 2. Senior citizen center at Thorson School. 3. Drinking fountains at certain parks. 4. Upgrading of athletic fields. 5. Picnic areas at Becker and Valley Place Parks. 6. Buildings at certain parks. 7. Trees, sod and seed and irrigation at certain parks. 8. Walkways and paths at various parks. 9. Tennis courts at certain parks. 10. Apparatus and equipment at certain parks. 11. Athletic field lighting at Bassett Creek and Valley Place. 12. Tennis court lighting. 13. Golf course at Bassett Creek. 14. New hockey rinks and lighting at certain parks. 15. Parking lot improvements at certain parks. Paul Thorson of the Human Relations Commission said the Commission had passed a resolution supporting the senior citizen center at Thorson School. A petition from residents from around Valley Place Park was presented requesting the Council purchase the property at 6820 - 32nd Avenue NortYr-- to be included in Valley Place Park. 25 OCTOBER 1977 Shirlie Lundgren, 6307 - 34th Avenue North, requested the Council con- sider using the funds in the following manner: 1. Police pension fund. 2. Assisting senior citizens who may be forced out of their homes because of high assessments. 3. An additional marked police car. 4. Purchasing the property at 6820 - 32nd Avenue North be- cause the residents have requested it:. Councilman Aaker presented a proposal for providing down payments on houses as a means of keeping or increasing the City's population. The City Attorney discussed the legal ramifications of this program. Councilman Rosenthal suggested the improvement of Becker Park and a possible area renovation and a community center. Councilman Rygg indicated he favored park improvements as a use for the funds and items such as: 1. Tax relief. 2. Expanded senior and youth recreation programs. 3. A subsidy fund for youths to decrease the cost of recrea- tion programs. 4. Flood relief or property acquisition in the Bassett Creek area. Councilman Bertrand said he did not have specific projects but would suggest guidelines to follow in considering proposals: 1. Items which benefit all citizens of Crystal insofar as possible. 2. A plan for the on-going upkeep of facilities proposed so they won't be a tax burden. 3. Items which relieve the tax burden. 4. Take time to consider a lot of citizen input. Councilman Aaker commented that some persons will suggest that the money be applied toward taxes. Councilman Bertrand suggested that the PIR fund be increased to provide money for projects which would normally be bonded for. Mayor Meintsma suggested the following items: 1. All public buildings be retrofitted for energy conserva- tion. 2. The Council table be redesigned and the artificial barriers between the Council and public in the Council Chambers be eliminated. 25 OCTOBER 1977 3. Curb and gutter around all parks. 4. Landscaping around City Hall. 5. Evergreen windbreaks around City Hall. 6. Trees planted on south side of City Hall for shade. 7. Renovation of Becker Park and the surrounding area. 8. Community Building in Becker Park or near the swimming pool. 9. Planting boulevard trees. Fred Schmidt said the City should consider replanting trees and possibly purchasing a tree spade (transplanter). He also said the City could consider building homes for low-income persons which would be scattered throughout the City. A c itizen suggested barricades for park driveways to keep cars out of parks after 10:00 P.M. Shirlie Lundgren suggested that if the property at 6820 - 32nd Avenue North is purchased, that it be used for parking and the entire park- ing area be blacktopped. She also suggested using small sites for low-income families. E. V. Goldsmith said he thought a senior citizen area is needed. Dave Kennedy suggested the Council consider an HRA program to purchase dilapidated housing in the City, demolishing it, and building new homes for sale. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. Mater ATTEST: ) % City Clerk _? 3 1 NOVEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on November 1, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Rosenthal, Aaker; the following were absent: Meintsma; also present were the following staff members: Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne; City Engineer; Walter Arntzen, Building Inspector; John Olson, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor Pro Tem led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of October 18, 1977 and the Special meeting of October 25, 1977 were approved. Mr. Milt Oliver, of VFW Post #494, presented the Mayor Pro Tem with an American flag to be used by the City at City Hall. It being 7:00 P.M., Mayor Pro Tem Bertrand declared this was the time and place as advertised for the public hearing on the proposed Design Associates Addition at the southwest quadrant of 57th Avenue and West Broadway. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the proposed plat. Those present and heard were: Chuck Nadler of Design Associates. Moved by Councilman Aaker and seconded by Councilman Rygg to grant, as recommended by and based on the findings of fact of the Planning Commis- sion, tentative approval of Design Associates Addition, which is a replat of Lots 1 and 2, Block 1, General Mills Crystal Addition, ex- cept that part of Lot 1, Block 1, General Mills Crystal Addition lying Easterly of a line 1.17 feet southwesterly of and measured at a right angle to and parallel with the line dividing said Lot 1 from West Broad- way. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place as advertised for the public hearing on the variance request of Howard Becker to con- struct an addition to a garage at 8117 - 34th Avenue North. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Howard Becker, 8117 - 34th Avenue North. Moved by Councilman Rosenthal and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 3(a-1), to grant a variance of 1.5 feet in the required 5 foot sideyard setback at 8117 - 34th Avenue North, Lot 6, Block 4, Winnetka Park 3rd Addition, as recom- mended by and based on the findings of fact of the Planning Commission. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place as adver- tised for the public hearing on the variance request of VFW Post #494 1 NOVEMBER 1977 to construct a 16'x20' accessory building at 5222 - 56th Avenue North. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Milt. Oliver and Horace Hammond of VFW Post #494. Moved by Councilman Rygg and seconded by Councilman Aaker that pursu- ant to Section 515.55 of the Crystal City Code to vary or modify the �. strict application of Section 515.07, Subd. 5-b, to grant a variance to build a 161x20' accessory building in the front half of the property at 5222 - 56th Avenue North, Lot 1, Block 1, Charles R. Knaeble Post #494, provided that the major portion of the building be placed in the north half of the property along, but not closer than 2' from, the north curb line of the picnic/park area and based on the following findings of fact: 1. That only a slight amount of the building will encroach on the front half (south half) of the property. 2. That there is a blacktop curb and driveway preventing the placement of the building further north. 3. That there exists a fire lane to the north which must remain clear. 4. That the lot has a unique shape. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place as adver- tised for the public hearing on the variance request of Gregg Jewett for the construction of an addition to a house at 8001 - 35th Avenue North. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the variance. Those present and heard were: Sharon Jewett, 8001 - 35th Avenue North. y Moved by Councilman Aaker and seconded by Councilman Rosenthal that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a variance of 14 feet 3 inches in the required 40' rear yard setback for a 25'x14' addition to the house at 8001 - 35th Avenue North, Lot 1, Block 3, Winnetka Park 3rd Addition, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Mr. George Timmerman, of Modern Tool, Inc., appeared before the Council to discuss the posting of "No Parking" signs on Hanson Court. After discussion, the following motion was made: i Moved by Councilman Langsdorf and seconded by Councilman Aaker to grant the request for the installation of "No Parking" signs in front of the Modern Tool building on Hanson Court, conditioned upon notice to Crystal Auto Parts; further conditioned that if Crystal Auto Parts objects, 1 NOVEMBER 1977 another hearing will be held; and finally conditioned that if no objec- tion is received within a month, the signs would be installed. at City expense. Moved by Councilman Rosenthal to table until the next meeting. Motion Failed for Lack of a Second. S The Mayor Pro Tem then called for a vote on the motion: By roll call and voting aye: Rygg, Langsdorf, Brisky, Aaker; voting no: Rosenthal, Bertrand; absent, not voting: Meintsma. Motion Carried. Marie A. Abele, 6400 - 34th Avenue North, appeared before the Council to discuss the trellis and camper cover attached to the house at 6400 - 34th Avenue North. After discussion on the trellis, Councilman Langsdorf suggested that a structure would be defined as something attached to the house or that has sides and a top. An open framework with no canopy is not a structure. The Council asked Mrs. Abele if she would be willing to detach the trellis from the house. She agreed and the Council, by consensus, agreed with the definition of Councilman Langsdorf and asked Mrs. Abele to work with the building department on making the necessary changes to remove the trellis from the building and secure it in the ground. Representatives of Superamerica appeared before the Council to discuss reconsideration of the request for a conditional use permit for a gaso- line station at 2756 Douglas Drive. Moved by Councilman Aaker and seconded by Councilman Rygg to reconsider the previous action by the Council. Motion Carried. 7 James Ditlevson, Len Feilmeier and Michael Holt, of Superamerica, ap- peared to discuss the matter. After discussion, the following motion was made: Moved by Councilman Rosenthal and seconded by Councilman Rygg to set 7:00 P.M., November 15, 1977, as the time and date for a public hear- ing to reconsider the request for a conditional use permit for a gasoline/ retail sales business at 2756 Douglas Drive. Motion Carried. The Assistant City Manager presented, for consideration by the Council, a request for a private kennel license (permitting the housing of three or more animals) at 3236 Edgewood Avenue North. The following persons appeared: Mr. and Mrs. Melvin Bauck, 3236 Edgewood; and Mrs. T. J. ly Condon, 3230 Edgewood. Moved by Councilman Langsdorf and seconded by Councilman Aaker to deny the request for a private kennel license from Melvin Bauck, 3236 Edge - wood Avenue North. 1 NOVEMBER 1977 By roll call and voting aye: Langsdorf, Aaker; voting no: Rygg, Rosen- thal, Brisky, Bertrand; absent, not voting: Meintsma. Motion Failed. Moved by Councilman Rygg and seconded by Councilman Brisky to grant a private kennel license to Melvin Bauck at 3236 Edgewood Avenue North. By roll call and voting aye: Rygg, Brisky, Rosenthal, Aaker, Bertrand; voting no: Langsdorf; absent, not voting: Meintsma. Motion Carried. The City Engineer presented for consideration by the Council the setting of a bond for work required as a condition of building permit approval for a 66 -unit condominium at 4710 - 58th Avenue North, by the Gittle- man Corporation. Q Moved by Councilman Rosenthal and seconded by Councilman Aaker to set bond in the amount of $70,000 as a guarantee of faithful performance for certain work required as a condition of building permit approval for a 66 -unit condominium at 4710 - 58th Avenue North, as recommended by the City Engineer. Motion Carried. The Assistant City Manager presented for consideration by the Council a request for funds from Paula Hylle of "The House". Paula Hylle and Glen Jacobson of "The House" appeared to discuss the matter. After discussion, the following motion was made: Moved by Councilman Brisky and seconded by;Councilman Aaker to refer the matter to staff for the drawing up of a contract to be considered by the Council. By roll call and voting aye: Langsdorf, Brisky, Rosenthal, Aaker, Ber- trand; voting no: Rygg; absent, not voting: Meintsma. Motion Carried. The Assistant City Manager presented for consideration by the Council final approval of the Carla Addition, located at the northeast corner of Corvallis and Louisiana. Richard Kauffmann appeared on this matter. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent': RESOLUTION NO. 77-69 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a Municipal Corporation, organized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and 1 NOVEMBER 1977 WHEREAS, the City Council has considered the ap-plication for a subdivision plat for Carla Addition, as submitted by Minneapolis Northfield and Southern Railway, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled CARLA ADDITION, City of Crystal, Hennepin County, Minnesota. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; absent, not voting: Meintsma. Motion carried, resolution declared adopted. Mayor Pro Tem ATTEST: City Clerk The Assistant City Manager presented for consideration by the Council the Second Reading of an ordinance relating to the City's street light- ing system. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following ordinance: %—k ORDINANCE NO. 77-24 AN ORDINANCE RELATING TO THE CITY STREET LIGHTING SYSTEM; DEFINING CERTAIN BILLING UNITS: AMENDING CRYSTAL CITY CODE, SUBSECTION 720.05, SUBDIVISION 1 and further, that this be the second and final reading. Motion Carried. The Assistant City Manager presented for consideration by the Council the Second Reading of an ordinance relating to mechanical amusement devices and their use by minors. Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-25 AN ORDINANCE RELATING TO MECHANICAL AMUSEMENT DEVICES AND THEIR USE BY MINORS: REPEALING CRYSTAL CITY CODE, SUBSEC- TION 110.09, SUBD. 5 and further, that this be the second and final reading. Motion Carried. The City Engineer presented for consideration by the Council the bids SL_+ for a street sweeper. I R 1 NOVEMBER 1977 Moved by Councilman Brisky and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-70 RESOLUTION AWARDING BID FOR A STREET SWEEPER WHEREAS, the City of Crystal did advertise for bids for a street sweeper, and WHEREAS, such bids were received and publicly opened on October 26, 1977, and tabulated as follows: MacQueen Equipment, Inc. Elgin $30,885.00 (The above price includes the trade-in of an Elgin Sweeper) AND WHEREAS, MacQueen Equipment, Inc., is the apparent low bidder, NOW, THEREFORE,.BE IT RESOLVED that the City of Crystal award the contract in the amount of $30,885.00, which price includes the trade- in of an Elgin Sweeper, to MacQueen Equipment, Inc., for a street sweeper. By roll call and voting aye: Langsdorf, Rygg, Bertrand, Brisky, Rosen- thal, Aaker; absent, not voting: Meintsma. Motion carried; resolution declared adopted. Mayor Pro Tem ATTEST: City Clerk The City Engineer presented for consideration by the Council the bids for a front-end loader. The Council asked the Engineer to bring in the information on the bids to help elaborate on the points where the Case bid did not meet specifications.. After discussion on the bid differences, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Langsdorf to con- tinue this matter until the next Council meeting. Motion Carried. The City Engineer presented for consideration by the Council the appro- priation of additional funds for preliminary engineering on the 36th Avenue project. ice Moved by Councilman Langsdorf and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: „v 9 1 NOVEMBER 1977 RESOLUTION NO. 77-71 APPROPRIATION OF MUNICIPAL STATE -AID FUNDS T.H. PROJECT 2756-08 WHEREAS, it has been deemed advisable and necessary for the City of Crystal to participate in the cost of a construction project lo- cated on T.H. No. 278 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Depart- ment of Highways and identified in its records as S.P. 2756-08; S.A.P. 116-010-03, NOW, THEREFORE, BE IT RESOLVED: that we do hereby appropriate from our Municipal State -Aid Street Funds the additional sum of $2,000 dollars to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; absent,, not voting: Meintsma. Motion carried, resolution declared adopted. ATTEST: City Clerk Mayor Pro Tem The City Engineer presented for consideration by the Council a resolu- tion authorizing the Department of Transportation to erect "No Parking” signs on 36th Avenue (T.H. 278). Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-72 RESOLUTION AUTHORIZING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ERECT "NO PARKING" SIGNS ON T.H. 278 BE IT RESOLVED that the City of Crystal requests the Minnesota Department of Transportation to erect "No Parking" signs on T. H. 278 within the City of Crystal. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; absent, not voting: Meintsma. Motion carried, resolution declared adopted. Mayor Pro Tem ATTEST: !/V. V�i��i' D.P/ /�7//l City Clerk l(0 /7 ,30 1 NOVEMBER 1977 The Assistant City Manager presented for consideration by the Council the tree disease program for 1978. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-73 RESOLUTION ADOPTING A TREE DISEASE SUBSIDY PROGRAM FOR 1978 WHEREAS, the City of Crystal recognizes its responsibility as a dd community within the metropolitan area in providing a shade tree dis- ease program for diseased oak and elm trees, and WHEREAS, the Minnesota Department of Agriculture has been provided with funds to grant to local units of government for the purpose of conducting shade tree disease control programs, and WHEREAS, the City Council of the City of Crystal has levied in its 1978 budget, funds for the purpose of providing a shade tree disease subsidy program for its citizens, NOW, THEREFORE, BE IT RESOLVED the City of Crystal will provide a subsidy program to its citizens on the following basis: 1. The City of Crystal will participate by providing 500 of the total cost of removal and disposal with a maxi- mum of $150.00 per tree. 2. The City of Crystal will participate with a subsidy of 75% and 100% of the total cost of removal and disposal of trees to those homeowners who qualify with incomes on the at- tached schedule. 3. Costs computed and subsidized on a per tree basis. 4. Residential property only, parcels no larger than one (1) acre. 5. Property assessed due to non-compliance with 20 -day re- moval order will not be eligible for subsidy. 6. Income Schedule: Schedule of Tree Subsidy Very Low Income Low Income Other 100% 75% 50% (No Maximum) (No Maximum) (Maximum $150 per tree) Family Size 1 NOVEMBER 1977 Annual Adjusted Gross Household Income Very Low Income Low Income Other 1 Up to 5,500 5,501 - 7,200 7,201 and Over 2 6,500 6,501 - 8,750 8,751 it 3 7,500 7,501 - 10,000 10,001 It 4 8,250 8,251 - 10,300 10,301 if 5 9,000 9,001 - 11,850 11,851 of 6 9,500 9,501. - 12,150 12,151 " 7 10,000 10,001 - 12,500 12,501 " 8 10,250 10,251 - 12,800 12,801 " 9 10,500 10,501 - 13,100 13,101 " 10+ 10,750 10,751 - 13,400 13,401 " By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; absent not voting: Meintsma. Motion carried, resolution declared adopted. Mayor Pro Tem ATTEST: City Clerk Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-74 .31 �' WHEREAS, the City Council of the City of Crystal has provided a Iq shade tree disease subsidy program for residential property owners within its community,, and WHEREAS, the Minnesota Department of Agriculture has been provided with funds to administer a grant program to assist communities in pro- viding a shade tree disease control program pursuant to Minnesota Sta- tutes Section 18.023, and WHEREAS, the City of Crystal has initiated a program of subsidy to its citizens, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal shall authorize its staff to make application to the Minne- sota Department of Agriculture for grants to enable the City of Crvstal to provide its shade tree disease control program for 1978. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosenthal, Aaker; absent, not voting: Meintsma. Motion carried, resolution declared adopted. ATTEST: Mayor Pro Tem City Clerk �z 1 NOVEMBER 1977 The Assistant City Manager presented for consideration by the Council a resolution transferring funds. Moved by Councilman Langsdorf and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-75 RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM TO AMOUNT Emergency Allowance Salaries - Fire $ 7,900 Emergency Allowance Ins. -Gen. Liab.-Auto 8,400 Emergency Allowance Ins. Workmens Comp. 15,000 By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosen- thal, Aaker; absent, not voting: Meintsma. Motion carried, resolution declared adopted. 0� Mayor Pro Tem ATTEST: City Clerk The Assistant City Manager presented for consideration by the Council an amendment to the North Suburban Regional Mutual Aid Association. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-76 RESOLUTION APPROVING AMENDMENT TO THE NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION AGREEMENT BE IT RESOLVED by the City Council of the City of Crystal that the City of Rogers be included in the agreement with the North Subur- ban Regional Mutual Aid Association, AND FURTHER, to authorize the Mayor and City Manager to sign said amendment to the agreement. By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Rosenthal, Aaker; absent, not voting: Meintsma. Motion carried, resolution de- clared adopted. ATTEST: Mayor Pro Tem City Clerk 1 NOVEMBER 1977 Moved by Councilman Aaker and seconded by Councilman Langsdorf to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file �,;) in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Mayor Pro Tem 34 9 NOVEMBER 1977 Pursuant to due call and notice thereof; the Special meeting of the City Council of the City of Crystal was held on November 9, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Sec- retary of the Council called the roll and the following were present: Rygg, Langsdorf, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Bertrand; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlof- sky, Assistant City Manager; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. Mayor Meintsma declared this was the time and place for the official canvass of theresultsof the General Election held on November 8, 1977. The City Clerk presented to the Council the certification of the returns of the election. The results are as follows: Ward 1, Precinct 1: Philip G. Karno Shirlie M. Lundgren William Langsdorf (write-in) Spoiled Ballots TOTAL WARD 1: Ward 2, Precinct 1: Adrian (Ade) Rygg Barry Lynch (write-in) Spoiled Ballots Ward 1, Precinct 2: 78 Philip G. Karno 186 136 Shirlie M. Lundgren 129 2 William Langsdorf 7 (write-in) 1 0 Glenda B. Schmidt 1 (write-in) 1 Spoiled Ballots 0 Philip G. Karno 264 3 Shirlie M. Lundgren 265 William Langsdorf 9 (write-in) Glenda B. Schmidt 1 (write-in) Spoiled Ballots 0 Ward 2, Precinct 2: 41 Adrian (Ade) Rygg 49 2 Ray Rasmussen 1 (write-in) 0 Tom Peterson 1 (write-in) Labosky 1 (write-in) Spoiled Ballots 3 3�J 9 NOVEMBER 1977 TOTAL WARD 2: Adrian (Ade) Rygg 90 i 1 Barry Lynch 2 (write-in) (write-in) Ray Rasmussen 1 Spoiled Ballots (write-in) Tom Peterson 1 (write-in) John Schaaf 3 Labosky 1 (write-in) (write-in) Spoiled Ballots 3 Ward 3, Precinct 1: Ward 3, Precinct 2: Loel Bertrand 36 Loel Bertrand 49 Spoiled Ballots 1 John Doe 1 Ward 4, Precinct 1: (write-in) 2: Spoiled Ballots 0 Ward 3, Precinct 3: Loel Bertrand 56 i 1 John Schaaf 3 (write-in) Spoiled Ballots 2 TOTAL WARD 3: Loel Bertrand 141 John Schaaf 3 (write-in) John Doe 1 (write-in) Spoiled Ballots 3 Ward 4, Precinct 1: Ward 4, Precinct 2: Loel Bertrand 49 Loel Bertrand 50 Spoiled Ballots 3 George Bradshaw 6 (write-in) Wm. Kuske 1 (write-in) Willis Kusske 2 (write-in) Bill Keske 1 (write-in) Spoiled Ballots 1 '_�6 9 NOVEMBER 1977 TOTAL WARD 4: Loel Bertrand 99 George Bradshaw 6 (write-in) Wm. Kuske 1 (write-in) Willis Kusske 2 (write-in) Bill Keske 1 (write-in) Spoiled Ballots 4 TOTAL VOTES CAST - 898 SPOILED BALLOTS - 10 The judges of election were: Elizabeth Ziminski, Patricia Benson, Marie Biederman, Delores Lejcher, Marilyn Ensminger, Charlotte Juhnke, Glenda Schmidt, Betty Baehr, Florence Gaulke, Bernice Berg, Hesther Truax, Grace Berner, Eileen Broman, Iva Oberg, Diane Malmberg, Hazel Hoenigschmidt, Vidar Fladmoe, Claire Clair, Odelia Lewis, Barbara Reed, Anne Weinard, Arlene VanRisseghem, Caroline Hughes, Phyllis Adamson, JoAnn Keske, Patricia Campion, Bernadine Plasencia, Marjorie Olson, and Kay M. Olson. Moved by Councilman Aaker and seconded by Councilman Langsdorf that the official canvass of the election held on November 8, 1977, hereby declares Shirlie M. Lundgren, Councilman Ward I; Adrian (Ade) Rygg, Councilman, Ward II; and Loel Bertrand, Councilman Section II; for three-year terms. Motion Carried. The City Manager requested that the Council take action, if they agree, to discuss the recommendations of the Park and Recreation Advisory Commission and residents of the area, regarding the purchase of property on 32nd Avenue, commonly known as the oasis. Moved by Councilman Langsdorf and seconded by Councilman Rygg to dis- cuss the possible purchase of property on 32nd Avenue, commonly known as the oasis. Motion Carried. Moved by Councilman Rygg and seconded by Councilman Aaker to instruct the City Manager to explore the possibility of purchasing the property on 32nd Avenue North, commonly known as the oasis. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ad- journ the meeting. Motion Carried. ATTEST: City Clerk 57 15 NOVEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on November 15, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Aaker; the following were absent: Rosenthal; also present were the following staff members: John Irving, City Manager; Dave Kennedy, City Attorney; Peter Herlofsky, Assistant City Manager; Willialh Sherburne, City Engineer; Miles Johnson, City Treasurer; Walter Arntzen, Building Inspector; John Olson, Administra- tive 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 meeting of November 1, 1977 and the minutes of the Special meeting of November 9, 1977, were approved. It being 7:00 P.M., Mayor Meintsma declared this was the time and place as advertised for the public hearing to reconsider the request for a conditional use permit for a gasoline/retail business at 2756 Douglas Drive North by Superamerica, Inc. The Mayor asked those present to voice their opinions or ask questions concerning the proposed permit. Those present and heard were: Jerry Brill, attorney for Superamerica; John Hogenson, Superamerica; Len Feilmeier, Superamerica; Paulette and Ron Magnuson, 3159 Jersey Avenue North, Shirlie Lundgren, 6307 - 34th Avenue; Milt Dunham, 5909 29th Place North. Moved by Councilman Aaker and seconded by Councilman Langsdorf to deny the application for a conditional use permit for a gasoline/retail business at 2756 Douglas Drive North by Superamerica, Inc., based on the findings of fact as set forth in the minutes of the June 21, 1_977, meeting of the City Council. After discussion, the mover and seconder withdrew the motion. Moved by Councilman Aaker and seconded by Councilman Langsdorf tc deny the application for a conditional use permit for a gasoline/retail business at 2756 Douglas Drive North by Superamerica, Inc., based on the findings of fact as set forth in the minutes of the June 21, 1977, meeting of the City Council, plus the following additional findings: 1. The operation of the business as proposed would be in conflict with the City's original concept for the de- velopment of the surround._Lng area. 2. The high volume nature of the proposed business and re- sulting increase in traffic congestion would tend to change the nature or Douglas Drive from a collector street to a major thoroughfare and is inconsistent with the City's long-range plans regarding the development of Douglas Drive. By roll call and voting aye: Langsdorf, Aaker; voting no: Rygg, Ber- trand, Brisky, Meintsma; absent, not voting: Rosenthal. Motion Failed. 0 15 NOVEMBER 1977 Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove, as recommended by the Planning Commission, the application for a conditional use permit for a gasoline retail business at 2756 Douglas Drive North by Superamerica, Inc., based upon new evidence and testi- mony at the public hearing of this date which justifies the following findings: 1. The proposed use does not pose any hazard to the public safety by mixing children who might use the store with vehicles driving in and out for gasoline. 2. Since the use is permitted as a conditional use in the area as zoned, the granting of the application would not be inconsistent with previous actions and policies of the Council in separating motor fuel and retail store uses. 3. Based on a consideration of the factors specified in Subsection 515.53, Subd. 1-e of the Zoning Code, there are no adverse effects resulting from the proposed use which are not properly controlled by the conditional use application. By roll call and voting aye: Rygg, Bertrand, Brisky, Meintsma; voting no: Langsdorf, Aaker; absent, not voting: Rosenthal. Motion did not receive the required 2/3 majority of the Council and therefore: Motion Failed. By common consent the Council directed the City Clerk to notify the applicant in writing that the application for the conditional use is not approved. Mr. Al Schempp was present to discuss his request for "No Trucks" signs on 36th Avenue North. The following persons also appeared: Adam Kramer, 6318 36th Avenue N.; Frank Nicolay, 6423 36th Avenue N.; Shirlie Lundgren, 6307 - 34th Avenue N.; and Kathy Tranby, 6917 Valley Place. r After discussion on the effect on state aid funds for 36th Avenue, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Rygg to install signs restricting truck usage on 36th Avenue from Highway 100 west to the Crystal -New Hope border and to instruct the Attorney and City En- gineer to determine the proper sign to install and report to the Coun- cil. Motion Carried. The Building Inspector presented, for consideration by the Council, application #77-45 as submitted by Village Builders to rezone from I-2 District (heavy industrial) to R-3 District (medium density resi- dential) Lot 10, Robbinsdale Gardens, located west of Nevada Avenue in the vicinity of Valley Place. '3y 15 NOVEMBER 1977 The following persons appeared: Richard Kauffmann, Village Builders; Paulette Magnuson, 3159 Jersey; Ron Magnuson, 3159 Jersey; Mrs. Kathy Tranby, 6917 Valley Place; Ed DeJarlais, 7315 - 33rd; Richard Ipsen; Shirlie Lundgren, 6307 - 34th Avenue N.; and E. V. Goldsmith, 3225 Lou- isiana Avenue North. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to approve, as recommended by the Planning Commission, application #77-45 as submitted by Village Builders to rezone from I-2 District (heavy industrial) to R-3 District (medium density residential) Lot 10, Rob- binsdale Gardens, located west of Nevada Avenue in the vicinity of Valley Place, based on the following findings: 1. The land use classification proposed is compatible with the municipal comprehensive plan. 2. Previous studies by the City's planning consultant have indicated that the proposed classification is compatible with the residential character of the sur- rounding area. 3. Studies by the City's planning consultant and the HRA show that there is a demonstrated need in the City for the type of housing that the rezoning would per- mit. 4. Conditions surrounding and affecting the land involved have changed to such an extent since the date of its present zoning that the proposed reclassification is warranted. and that the following ordinance be given its first reading: ORDINANCE NO. 77-_;_'(> AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSIFICATION OF CERTAIN LANDS and further, that the second and final reading be held on December 6, 1977. Motion Carried. The Building Inspector presented for consideration by the Council the setting of a public hearing on proposed plat Morningside Estates 6th Addition, located west of Nevada Avenue in the vicinity of Valley Place by Village Builders. Moved by Councilman Aaker and seconded by Councilman Brisky to set. 7:00 P.M., December 6, 1977, as the time and date for a public hearing on proposed plat Morningside Estates 6th Addition located west of Ne- vada Avenue in the vicinity of Valley Place which is a replat of Lot 10, Robbinsdale Gardens. Motion Carried. The Building Inspector presented for consideration by the Council a request for a building permit for a 40'x120' hangar on leased Lot 56-A, Crystal Airport, by Michael A. Shank of Shank Mechanical. '10 15 NOVEMBER 1977 Moved by Councilman Langsdorf and seconded by Councilman Rygg to approve, as recommended by the Planning Commission, the authorization to issue i building permit #334 to Shank Mechanical for a 40'x120' hangar on leased"" Lot 56-A, Crystal Airport, subject to standard procedure. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance by Donald G. Salmonson at 4349 Xenia Avenue North for which the setting of a public hearing is required. Lo Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., December 6, 1977 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 the request for a variance to Section 515.15, Subd. 2-a, on Lot 4, Block 3, Robbinsdale Home Gardens 3rd Addition, 4349 Xenia Avenue North. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance by Ronald Hanninen at 3200 Florida Avenue North for which the setting of a public hearing is required. Moved by Councilman Rygg and seconded by Councilman Langsdorf to set 7:00 P.M., December 6, 1977 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 the request for a variance to Section 515.07, Subd. 5-d, on Lot 1, Block 1, Julian Addition, 3200 Florida Avenue North. Motion Carried. Greg Antrim and Charley Swanson of the Crystal Fire Department presented a request by the Fire Pension Committee for certain legislative changes regarding an increase in their pension benefits. By common consent, the Council asked the Attorney and Finance Director to review the proposal and agreed to discuss the matter again at the December 20, 1977 Council meeting. Mr. Leo Lutgen was present to discuss his proposal regarding Bass Lake Road and Becker Park. After discussion on the proposal, the Council thanked Mr. Lutgen for his work and indicated it would consider the proposal as one of the alternatives to the present situation. The City Manager presented a request from the HECO organization regard- ing combined dispatching for police and fire and medical emergency, and 911 telephone installation. Moved by Councilman Langsdorf and seconded by Councilman Bertrand to set aside $2,600 from the Emergency Planning Fund for the purpose of financing the continuation of the study regarding combined dispatching for police and fire and medical emergency, and 911 telephone installa- tion. Motion Carried. 41 15 NOVEMBER 1977 Moved by Councilman Rygg and seconded by Councilman Aaker to contribute $2,600 to the HECO organization for the purpose of financing the con- tinuation of the study regarding combined dispatching for police and fire and medical emergency, and 911 telephone installation. Motion Carried. The City Engineer presented his report -regarding awarding a bid for a i' front-end loader. Moved by Councilman Bertrand and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION AWARDING BID FOR A FRONT-END LOADER By roll call and voting aye: Bertrand, Brisky, Meintsma; voting no: Rygg, Langsdorf, Aaker; absent, not voting: Rosenthal. It was a tie vote and therefore: Motion Failed. The City Manager presented for consideration by the Council a list of fund transfers. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-77 RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM TO AMOUNT Insp., Salaries Insp., Printing $ 570 Suburban Nursing Insurance, Service Workmen's Comp. $8,767 Emergency Allowance Dues, Subs. & Conv. $1,600 M By roll call and voting aye: Rygg, Langsdorf, Bertrand, Brisky, Meintsma, Aaker; absent, not voting: Rosenthal. Motion carried, resolution declared adopted. J l/L-2-Z Mayor' ATTEST: City Clerk Discussion was held at the request of the Park and Recreation Advisory ]:Z23_ Commission regarding possible uses of Thorson School. 4z 15 NOVEMBER 1977 The Council agreed to discuss this matter along with other considera- tions in determining the usage of the funds from investments. The Building Inspector informed the Council that Mr. William F. Proft would like to discuss with the Council an ordinance violation at 5712 Lakeland Avenue North. William Proft, Central Sign Company, appeared to discuss the matter with the Council. By common consent the Council agreed to request the staff to review the ordinance with respect to temporary signs and signs painted on the 1y inside and outside of windows. The following motion was also made: Moved by Councilman Bertrand and seconded by Councilman Rygg to dismiss the complaint against William F. Proft. Motion Carried. The Human Relations Commission has requested a change in their by-laws. After discussion;. the following motion was made: Moved by Councilman Bertrand and seconded by Councilman Brisky to ap- prove a change in by-laws for the Human Relations Commission to read as follows: "Article II, Section B.: Quorum, consisting of a majority of the members active in the Commission, shall be sufficient to transact the business of the Commission." Motion Carried. The City Manager presented for consideration by the Council a request for a tree trimmer's license from Mark's Tree Service. 1� Moved by Councilman Aaker and seconded by Councilman Brisky to approve a tree trimmer's license for Peter A. VanDyke dba Mark's Tree Service, 2017 Girard Avenue North. Motion Carried. i� The Assistant City Manager presented a report regarding the Community Development Block Grant strategy for Year IV application. Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:OO P.M., December 20, 1977 as the time and date for a public hearing to consider Year IV Community Development Block Grant. Motion Carried. The City Manager presented for consideration by the Council further information regarding the investment money received from previous im- provement projects. Discussion followed with the following motion made: Moved by Councilman Langsdorf and seconded by Councilman Aaker to set 7:00 P.M., November 29, 1977, as the time and date for a Special meet- ing to discuss possible uses of investment money received from previous""" improvement projects. Motion Carried. 15 NOVEMBER 1977 Moved by Councilman Aaker and seconded by Councilman Bertrand to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file 1q in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Mayor `t 4 2.9 NOVEMBER 1977 Pursuant to due call and notice thereof, the Special meeting of the City Council of the City of Crystal was held on November 29, 1977 at 7:00 P:M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secre- tary of the Council called the roll and the following were present: Bertrand, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Rygg, Langsdorf; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; Miles Johnson, City Treasurer; Ed Brandeen, Director of Parks and Recreation; and Delores Ahmann, City Clerk. The Mayor led the Council and the audience in the Pledge of Allegiance to the Flag. The City Manager presented, for consideration by the Council, the items which have been suggested to be included in the use of the money made available from the close-out of certain bond funds. Councilman Aaker removed his proposal regarding housing from being considered. General discussion then took place regarding bond ratings and the appro- priate amounts for the PIR Fund. Mr. Sheldon Thorkelson, Chairperson of the Parks and Recreation Advisory Commission, was present and heard. Moved by Councilman Aaker and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: A RESOLUTION RELATING TO THE PERMANENT IMPROVEMENT REVOLV- ING FUND OF THE CITY: DESIGNATING THE USES THEREFOR; AND PROVIDING FOR ITS MAINTENANCE By roll call and voting aye: Brisky, Aaker; voting no: Bertrand, Rosenthal, Meintsma; absent, not voting: Rygg, Langsdorf. Motion Failed. Moved by Councilman Rosenthal and seconded by Councilman Bertrand to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-78 A RESOLUTION RELATING TO THE PERMANENT IMPROVEMENT REVOLV- ING FUND OF THE CITY: DESIGNATING THE USES THEREFOR; AND PROVIDING FOR ITS MAINTENANCE Moved by Councilman Aaker and seconded by Councilman Bertrand to amend the motion to place a maximum amount on the PIR Fund to $4,000,000. Amendment Carried. Then the Mayor called for a vote on the motion, as amended, which reads' as follows: 4,5- 29 s 29 NOVEMBER 1977 RESOLUTION NO. 77-78 A RESOLUTION RELATING TO THE PER4ANENT IMPROVEMENn, REVOLV- ING FUND OF THE CITY: DESIGNATING THE USES THEREFOR; AND PROVIDING FOR ITS MAINTENANCE WHEREAS, in 1948 the City of Crystal established, pursuant to law, a Permanent Improvement Revolving Fund (PIR) and financed said fund by the issuance and sale of its $75,000 Permanent Improvement Revolving Fund Bonds of 1948, and WHEREAS, the PIR Bonds have been retired, and the PIR Fund has been used by the city for the purpose of financing various public im- provements; and WHEREAS, there exist now, and there is anticipated to exist in the future, balances in the debt service funds for various assessable public improvements which are in excess of the amounts needed to pay principal and interest when due on bonds of the city payable from such debt service funds, and WHEREAS, the City Council finds and determines that it is neces- sary and expedient for the sound financial management of the city to establish a procedure for the use, maintenance and management o the PIR Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as follows: 1. The Permanent Improvement Revolving (PIR) Fund is hereby created pursuant to Section 7.11 of the City Charter. All previous resolutions of the Council, and actions of duly authorized officers of the City, relating to the PIR Fund are confirmed and ratified, but the use, maintenance and management of the PIR Fund shall be hereafter governed by the provisions of this resolution and subsequent resolu- tions amendatory thereof. 2. The following shall be paid into the FIR Fund: a) the balance of amounts in the FIR Fund on the effective date of this Resolution; b) amounts remaining in any construction fund or debt service fund established for an assessable public improvement pursuant to Minnesota Statutes, Section 429.091, Subdivision 4, when (1) all bonds or other obligations payable from said construc- tion or debt service fund have been retired, and (2) anticipated collections of special assessments and other revenues pledged to a construction or debt service fund for an assessable public im- provement are estimated by the city treasurer 29 NOVEMBER 1977 to be adequate to produce at least 5% in excess of the amount needed to meet when due the prin- cipal and interest payments on bonds issued to finance the improvements for which the fund was established; c) any other amounts from time to time appropriated to the PIR Fund by the Council. 3. The PIR Fund may be used for the following purposes, subject to the provisions of this Resolution: a) the temporary financing of the cost of assessable public improvements pursuant to Minnesota Statutes, Chapter 429; b) loans to other city funds for any purpose other than operating expense; c) other lawful corporate purposes as authorized herein. 4. Accounts. There shall be maintained in the PIR Fund the fol- lowing accounts: a) The Public Improvement Account. Monies in this account shall be used to finance the cost of assess- able public improvements. Into this account shall be paid all special assessments, interest thereon and prepayments thereof, levied for such improve- ments. The city treasurer may establish sub -accounts within this account for each improvement project so financed. The initial balance in this account is $400,000. b) The Permanent Improvement Account. Monies in this account may be loaned or transferred to other city funds for any corporate purpose other than opera- ting expense. The initial balance in this account is $300,000. c) The Surplus Account. Monies in this account may be used for any lawful corporate purpose pursuant to appropriation by the Council. The initial bal- ance in this account is $40,400. 5. Account Balances. a) The balance in the Public Improvement Account may not exceed the sum of $600,000. b) The balance in the Permanent Improvement Account may not exceed the sum of $1,000,000. 47 29 NOVEMBER 1977 c) All other amounts in the PIR Fund constitute the.Surplus Account. d) In the event the balances in the Public Improve- ment Account and the Permanent Improvement Account are less than the .respective maximum amounts spec- ified in clause a) or b), any appropriations to the PIR Fund shall be credited first to the Public Improvement Account and next to the Permanent Im-• provement Account. Any amount in the PIR Fund in excess of $4,000,000 shall_ be transferred to the General Fund of the city. 6. All loans, expenditures, and transfers from the PIR Fund shall be authorized by Council resolution after recommendation by the City Manager. The Manager shall prepare and submit to the Council, prior to July 1 of each year, a detailed report of the condition of the PIR Fund, together with his recommendations for its use in the next ensu- ing fiscal year. By roll call and voting aye: Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg, Langsdorf. Motion. carried, resolu- tion declared adopted. C' �% � / Z Mayor' - --- ATTEST: City Clerk Moved by Councilman Aaker and seconded by Councilman Brisky to appoint a committee to study the utilization of Thorson School, with the com- mittee to be made up of one Council member, to be designated as Chair- person; one representative from each of the City's Advisory Commissions; one representative from School District 281; one representative from the Northwest Hennepin Human Services Council; one Crystal resident 3 from the Senior Citizen's group; one representative from the North Hennepin Community College; one City staff member; and five community members at large; and further, to report back to the City Council by August 1, 1978. Motion Carried. Moved by Councilman Bertrand and seconded by Councilman Rosenthal to authorize the staff_ to review methods of retrofitting the City hall � to make it more energy efficient and to determine the costs thereof. Motion Carried. The City Manager requested that a resolution regarding LEAA grant funds _ and discussion of the 1978 salaries for City employees be placed on the agenda for consideration. -49 29 NOVEMBER 1977 Moved by Councilman Rosenthal and seconded by Councilman Aaker to place discussion of a resolution on LEAA grant funds and the 1978 salaries for City employees on the agenda. Motion Carried. The City Manager presented for consideration by the Council a resolution regarding a LEAA grant for a juvenile specialist project. Moved by Councilman Rosenthal and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-79 A RESOLUTION OF THE CITY OF CRYSTAL ACCEPTING THE AWARD OF LEAA AND STATE FUNDS FOR THE JUVENILE SPECIALIST PRO- JECT AND AUTHORIZES THE EXECUTION OF CONTRACTS AND DIS- BURSEMENT OF FUNDS RELATIVE TO THIS PROJECT WHEREAS, the Minnesota Crime Control Planning Board has approved and awarded federal and state funds for the juvenile specialist project requesting City of Crystal sponsorship; BE IT RESOLVED that the Crystal City Council accepts the LEAA grant award totaling $16,260 in federal and state funds with a local match of $4,258 for the juvenile specialist project; that John T. Ir- ving, the City Manager of the City of Crystal, be authorized to execute the contract on behalf of the City and be authorized to disburse funds in accord with the provisions of the grant for the duration of the project from January 1, 1978 through December 31, 1978. By roll call and voting aye: Bertrand, Brisky, Meintsma, Rosenthal, Aaker; absent, not voting: Rygg, Langsdorf. Motion carried, resolu- tion declared adopted. _may Mayor. __ ATTEST: City Clerk The City Manager presented for consideration by the Council, the 1978 salaries for City employees. Moved by Councilman Aaker and seconded by Councilman Rosenthal to ap- prove the Manager's recommendations as presented and to increase the City Manager's salary to $2,950 per month for 1978, and the other em- ployees, as follows: z 29 NOVEMBER 1977 Position Monthly Salary Assistant City Manager $1,732 $668-722 Administrative Assistant 1;391 $716-791 City Clerk V 1,043 $764-881 Clerk IV (Steno -Sec.) .(863 3/1/78 Clerk I (Switchboard) 750 $896-1,020 Finance Director 2,183 Utility Clerk IV 861 Accounting Clerk III (881 5/23/78 Accounting Clerk I 720 Assessor 1,854 Appraiser 1,284 Assessor Clerk I 720 Building Inspector (1,775 5/9/78 Assistant Building Inspector 1,382 Fire Marshal 1,471 Plumbing & Heating Inspector 1,439 Clerk IV Inspection 881 Sanitarian III (1,650 5/14/78 Sanitarian II (2) 1,284 Clerk II (Steno -Sec., Health) 750 Director, Parks & Recreation 2,153 Assistant Director, Parks & Recreation 1,433 Women's Recreation Supervisor 1,141 Clerk II (Parks) (770 5/23/78 Park Foreman 1,566 City Engineer 2,388 Assistant City Engineer 1,536 Engineering Aide IV 1,320 Engineering Aide II 1,186 Clerk IV (Special Assessments) 891 Clerk II (Public Works) 792 Street Superintendent 1,686 Sewer & Water Superintendent (1,620 3/6/78 Police Chief 2,247 Communications Clerk (5) 889 Clerk IV (Police) (2) 835 Forester (CETA) 1,050 Fire Chief 400 Assistant Chief (2) 125 Training Officer 125 Assistant Training Officer 75 Captain (4) 50 Civil Defense Director 275 Deputy Civil Defense Director 50 Civil Service Director 100/year Clerical Ranges Clerk I $668-722 Clerk II $716-791 Clerk III $764-881 Clerk IV $774-896 Clerk V $896-1,020 '�7_o 29 NOVEMBER 1977 Local #49 has previously signed a contract for 1977 and 1978 and their salaries have already been determined. It is further understood that negotiations are still proceeding with representatives of Local #320, and further, that retroactivity is a part of the negotiations and is not mandatory under this motion. Motion"Carried. Moved by Councilman Aaker and seconded by CouncilmanRosenthalto ad- journ the meeting. Motion Carried. ATTEST: %i City Clerk " Mayor 51 6 DECEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Council of the City of Crystal was held on December 6, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Langsdorf, Brisky, Bertrand, Aaker; the following were absent: Rygg, Meintsma, Rosenthal; also present were the following staff members: Peter Her- lofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; John Olson, Administrative Assistant; and Delores Ahmann, City Clerk. The Mayor Pro Tem led the Council and the audience in the Pledge of Allegiance to the Flag. The minutes of the regular meeting of November 15, 1977 and the Special meeting of November 29, 1977 were approved. It being 7:00 P.M. Mayor Pro Tem Bertrand declared this was the time and place as advertised for the public hearing on the variance request by Donald G. Salmonson for 4349 Xenia Avenue North. The Mayor Pro Tem asked those present to voice their opinions or ask questions con- cerning the requested variance. Those present and heard were: Chauncey Vixler, 4343 Xenia Avenue North. Moved by Councilman Langsdorf and seconded by Councilman Aaker that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.15, Subd. 2-a, to grant a vari- ance of 10 feet in the lot width requirement to allow major alterations to the existing structure at 4349 Xenia Avenue North, as recommended by and based on the findings of fact of the Planning Commission. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place as adver- tised for the public hearing on the variance request by Ronald Hanninen for 3200 Florida Avenue North. The Mayor Pro Tem asked those present to voice their opinions or ask questions concerning the requested vari- ance. Those present and heard were: Ronald Hanninen. :?. Moved by Councilman Aaker and seconded by Councilman Brisky that pur- suant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.07, Subd. 5-d, to allow an air conditioner condenser to be located in the side yard of the dwelling at 3200 Florida Avenue North, as recommended by and based on the find- ings of fact of the Planning Commission. Motion Carried. The Assistant City Manager presented for consideration by the Council the Second Reading of an ordinance to rezone Lot 10, Robbinsdale Gar- dens, from an I-2 District to an R-3 District. 3 Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following ordinance: 6 DECEMBER 1977 ORDINANCE NO. 77-26 3 AN ORDINANCE RELATING TO ZONING: CHANGING THE USE CLASSI- FICATION OF CERTAIN LANDS and further, that this be the second and final reading. Motion Carried. Mayor Pro Tem Bertrand declared this was the time and place as adver- tised for the public hearing on the proposed Morningside Estates 6th Addition. The Mayor Pro Tem asked those present to voice their opin- ions or ask questions concerning the proposed plat. No one appeared. y Moved by Councilman Aaker and seconded by Councilman Brisky to grant, as recommended by the Planning Commission, tentative approval of Morn- ingside Estates 6th Addition, which is a replat of Lot 10, Robbinsdale Gardens. Motion Carried. Elsa Skogerboe appeared before the Council regarding her application for appointment to the Human Relations Commission. Moved by Councilman Langsdorf and seconded by Councilman Aaker to sus- pend rules on commission appointments. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Brisky to appoint Elsa Skogerboe to the Human Relations Commission for a term to expire December 31, 1980. Motion Carried. David Folsom appeared before the Council to discuss his application for appointment to the Environmental Commission. Moved by Councilman Aaker and seconded by Councilman Langsdorf to sus- pend rules on commission appointments. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ap- point David Folsom to the Environmental Commission for a term to ex- pire December 31, 1980. Motion Carried. Representatives from "The House" in Robbinsdale appeared before the Council to request contributions for services. Discussion was held, but no action was taken in order to gather further information about similar services from the Northwest Hennepin Human Services Council. The City Attorney informed the Council that he had yet to determine the type of sign which would be enforceable along 36th Avenue North regarding truck traffic, but that the report would be ready for the next Council meeting. S The following persons appeared to discuss this matter: Alvin Schempp, 6326 - 36th Avenue N., and Joe Thorn, 6802 - 36th Avenue North. No action was taken by the Council. Srj 6 DECEMBER 1977 Mayor Pro Tem Bertrand asked if anyone in the audience wished to appear before the Council. Mr. and Mrs. Robert Sebesta, 5618 Sumter, informed the Council they had 12 cats on their property and wished to keep them. q The Assistant City Manager reminded the Council that the animal ordi- nance allowed up to five animals if the owner applied for a private kennel license. He said the Sebestas had not applied for the license. The Council informed the Sebestas that the matter would be considered after they had applied for the proper license. The Assistant City Manager presented for consideration by the Council the Crystal HRA's recommendation on the condemnation of certain pro- ,C) perties. No action was taken on the matter. The City Engineer presented for consideration by the Council a letter of credit in lieu of a bond from the T.L.N. Company for the development of Twin Lake North Condominiums. i� Moved by Councilman Langsdorf and seconded by Councilman Aaker to ac- cept a letter of credit in lieu of a bond in the amount of $70,000 from the T.L.N. Company as a guarantee of faithful performance of cer- tain work requirements as a condition of issuance of a building permit for Twin Lake North Condominiums. Motion Carried. The City Engineer presented for consideration by the Council the agree- ment with the T.L.N. Company for the development needs for Twin Lake North Condominiums. 1� Moved by Councilman Langsdorf and seconded by Councilman Brisky to enter into agreement with T.L.N. Company for the purpose of guarantee- ing faithful performance for certain work requirements as a condition of issuance of a building permit for a 66 -unit condominium, and fur- ther, to authorize the Mayor and City Manager to sign such agreement. Motion Carried. The Assistant City Manager presented for consideration by the Council a resolution setting lighting fees for 1978. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-80 RESOLUTION SETTING RATES FOR STREET LIGHTING FOR 1978 WHEREAS, the City of Crystal has been billing the owners or renters of property in the City of Crystal for street lighting commencing Jan- uary 1, 1976, and 6 DECEMBER 1977 WHEREAS, the costs to the City for providing street lighting are estimated at $69,950 for the year 1978, and WHEREAS, there are estimated as of January 1, 1978, 8,642 billing units, and WHEREAS, Section 720.05 of the City of Crystal Code specifies the means of determining the cost per billing unit, i� NOW, THEREFORE, BE IT RESOLVED that the rate per quarterly bill- ing unit be set at $2.05 for bills due and payable in 1978 and there- after. By roll call and voting aye: Langsdorf, Brisky, Bertrand, Aaker; ab- sent, not voting: Rygg, Meintsma, Rosenthal. Motion carried, resolu- tion declared adopted. Mayor Pro Tem ATTEST:sL City Clerk The City Attorney presented for consideration by the Council an ordi- nance relating to police pensions. Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77-,4-2 AN ORDINANCE RELATING TO POLICE PERSONNEL; AND POLICE PEN- SIONS: AMENDING CRYSTAL CITY CODE BY ADDING A NEW SECTION and further, that the second and final reading be held December 20, 1977. Motion Carried. The City Attorney presented for consideration by the Council an ordi- nance amending the food handler's license ordinance. Moved by Councilman Aaker and seconded by Councilman Langsdorf to adopt the following ordinance: ORDINANCE NO. 77- , AN ORDINANCE RELATING TO SPECIAL FOOD HANDLING LICENSES AND THE LICENSE FEES THEREOF and further, that the second and final reading be held December 20, 1977. Motion Carried. � SJ 6 DECEMBER 1977 The Assistant City Manager presented for consideration by the Council an Interceptor Maintenance Agreement with the Metropolitan Waste Con- trol Commission for 1978. 1(, - Moved by Councilman Langsdorf and seconded by Councilman Brisky to enter into agreement with the Metropolitan Waste Control Commission for interceptor maintenance, and to authorize the Mayor and City .Man- ager to sign such agreement. Motion Carried. The City Engineer presented for consideration by the Council the wheel loader bids. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-81 RESOLUTION AWARDING BIDS FOR A WHEEL LOADER WHEREAS, the City of Crystal did advertise for bids for a wheel loader, and WHEREAS, such bids were received and publicly opened on October 26, 1977, and tabulated as follows: Ziegler, Inc. Caterpillar $59,950.00 Road Machinery & Supplies Co. Michigan 65,869.00 Case Power & Equipment Case 45,904.00 (Does not meet specifications) The above prices include the trade-in of a Michigan Loader. AND WHEREAS, Ziegler, Inc., is the apparent low bidder who meets specifications, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the contract in the amount of $59,950.00, which price includes the trade-in of a Michigan Loader, to Ziegler, Inc., for a wheel loader. By roll call and voting aye: Langsdorf, Brisky, Bertrand, Aaker; ab- sent, not voting: Rygg, Meintsma, Rosenthal. Motion carried, resolu- tion declared adopted. Mayor Pro Tem ATTEST: City Clerk 17 The Assistant City Manager presented for consideration by the Council � the letter of resignation of James Kloeppner from the Human Relations Commission. ,!5-6 6 DECEMBER 1977 Moved by Councilman Aaker and seconded by Councilman Brisky to accept the letter of resignation of James Kloeppner from the Human Relations kg Commission, and to direct the City Manager to send him a letter of thanks and appreciation. Motion Carried. 1C� The Assistant City Manager presented for consideration by the Council a request to commit $12,650 from the Park Construction Fund for the City's share in constructing tennis courts and lights at Bassett Creek Park. Moved by Councilman Aaker and seconded by Councilman Brisky to commit $12,650 of Park Construction Fund money to the construction of tennis courts and lighting at Bassett Creek Park. Motion Carried. The Assistant City Manager presented for consideration by the Council the grant agreement for the construction of tennis courts and lights at Bassett Creek Park. Moved by Councilman Langsdorf and seconded by Councilman Aaker to enter into agreement with the Minnesota State Planning Agency for a state grant of $12,650 to cover 50 percent of the cost of construction of two tennis courts and lights at Bassett Creek Park, and to authorize the Mayor and City Manager to sign the Outdoor Recreation Grant Project agreement. Motion Carried. The City Engineer presented for consideration by the Council the bids for the construction of two park shelters in Bassett Creek Park. Moved by Councilman Aaker and seconded by Councilman Brisky to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-82 RESOLUTION AWARDING BIDS FOR PARK SHELTERS WHEREAS, the City of Crystal did advertise for bids for two park shelters, and I WHEREAS, such bids were received and publicly opened on November 30, 1977, and tabulated as follows: Hamele & Associates, Inc. *Hamele & Associates, Inc. *Quality Industries, Inc. *Does not meet specifications. (Milroy Mfg. Co.) $5,432 (Cedar Forest Products) 5,528 (Quality Industries, Inc.) 7,618 AND WHEREAS, Hamele & Associates, Inc. (Milroy Mfg. Co.), is the apparent low bidder, NOW, THEREFORE, the contract in the (Milroy Mfg. Co.), t 6 DECEMBER 1977 BE IT RESOLVED that the City amount of $5,432.00, to Hamele o erect two park shelters. of Crystal award & Associates, Inc., -J l By roll call and voting aye: Langsdorf, Brisky, Bertrand, Aaker; ab- sent, not voting: Rygg, Meintsma, Rosenthal. Motion carried, resolu- tion declared adopted. ATTEST: City Clerk Mayor Pro Tem Moved by Councilman Aaker and seconded by Councilman Brisky to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incor- porated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Aaker and seconded by Councilman Langsdorf to ad- journ the meeting. Motion Carried. ATTEST: City Clerk Mayor Pro Tem S�1 20 DECEMBER 1977 Pursuant to due call and notice thereof, the meeting of the City Coun- cil of the City of Crystal was held on December 20, 1977 at 7:00 P.M. at 4141 Douglas Drive North, Crystal, Minnesota. The Secretary of the Council called the roll and the following were present: Rygg, Langs- dorf, Brisky, Meintsma, Rosenthal, Aaker; the following were absent: Bertrand; also present were the following staff members: John Irving, City Manager; Peter Herlofsky, Assistant City Manager; Dave Kennedy, City Attorney; William Sherburne, City Engineer; Miles Johnson, City Treasurer; Walter Arntzen, Building Inspector; John Olson, Administra- tive 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 meeting of December 6, 1977 were approved. Mayor Meintsma declared this was the time and place as advertised for the public hearing on the Community Development Block Grant application for Year IV. The Mayor asked the Assistant City Manager to bring the Council up-to-date on the Community Development material that was sup- plied to them. The Assistant City Manager then outlined the program for Year IV and brought to the Council's attention the special emphasis and requirements in Year IV regarding low and moderate income criteria. Mr. Mark Hendrickson, of Hennepin County, was then introduced to fur- ther explain Hennepin County's part in the Community Development appli-i cation process. Following the explanation, discussion took place re- garding the eligible activities and the Council and the following persons were heard: John Schaaf, Don Blore, and Paul Thorson. The following suggestions were made: 1. Program to assist in the buying of homes in Crystal. 2. Housing rehabilitation. 3. Adapt curbs for handicapped where sidewalks are present. 4. Convert Thorson School to a senior citizen center. 5. Hire a consultant or full-time staff person to direct rehabilitation of homes. 6. Renovate storm sewer system on Rhode Island and Sumter from 56th to 58th Avenues North. 7. Alleviate storm water problem in central Crystal. 8. Provide blacktop parking lots and trails in parks. 9. Remove handicapped barriers in City Hall, City build- ings, and other City facilities. Moved by Councilman Langsdorf and seconded by Councilman Rygg to set 7:00 P.M., January 17, 1978, as the time and date for the public hear- ing on the Community Development Block Grant Application for Funds for Year IV. Motion Carried. 20 DECEMBER 1977 The City Attorney presented for consideration by the Council a report on the proper signing for prohibiting trucks on 36th Avenue North. Moved by Councilman Aaker and seconded by Councilman Langsdorf to di- rect the City Engineer to erect four signs restricting truck traffic on 36th Avenue North from Highway 100 to the west City boundary which are to read: "No Trucks Over 9,000 Lbs. G.V.W.'. Motion Carried. Mr. Randy Johnson appeared before the Council to request that he be permitted to store equipment on his property at 6701 Cloverdale. Af- ter discussion by the Council, the following motion was made: Moved by Councilman Langsdorf and seconded by Councilman Aaker to table the matter until the first meeting in June. By roll call and voting aye: Langsdorf, Aaker, Meintsma; voting no: Rygg, Brisky, Rosenthal; absent, not voting: Bertrand. Motion Failed on a Tie Vote. Moved by Councilman Rygg and seconded by Councilman Rosenthal to give Randy Johnson, 6701 Cloverdale, sixty days in which to comply with Sec- tion 515.19, Subd. 3(c), of the Crystal City Code. Motion Carried. Mr. and Mrs. Don Lee, 6600 - 44th Avenue North, were also present, having a similar situation operating a business and having equipment in a residential area. After discussion about applying the same re- quirements for the Lee's, the following motion was made: y Moved by Councilman Rosenthal and seconded by Councilman Aaker to give Mr. Donald Lee, 6600 - 44th Avenue North, sixty days in which to com- ply with Section 515.19, Subd. 3(c) of the Crystal City Code. Motion Carried. Mr. Arthur Wilson, Chairman of the Environmental Commission, appeared before the Council to discuss a tree planting program for 1978. Af- ter discussion, the following motion was made: Moved by Councilman Aaker and seconded by Councilman Brisky to author- ize the expenditure of $400 from the Commission budget to purchase trees for the Environmental Commission in the form of a $2.00 subsidy per tree for residents who purchase trees. Motion Carried. The Council reviewed the comments from the advisory commissions regard- ing the proposed Housing Maintenance Code. � Moved by Councilman Aaker and seconded by Councilman Rosenthal to ac- cept the reports of the Commissions and take the recommendations under advisement. Motion Carried. The Building Inspector presented for consideration by the Council a request for a conditional use permit from Crown Oil Company to allow 7 the sale of case soda pop at 4800 - 56th Avenue North. Ron Revere, representing Crown Oil Company, appeared and was heard. (, G 20 DECEMBER 1977 Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to deny their request for a conditional use permit for 4800 - 56th Avenue North, based upon the following findings of fact: 1. It would be an intensification of a non -conforming use. 2. The hazardous site location. Motion Carried. Mr. David Green appeared before the Council to request the rezoning of property at 3517 Douglas Drive from R-1 to R-3. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following ordinance: ORDINANCE NO. 78-1 AN ORDINANCE REZONING CERTAIN LANDS WITHIN THE CITY OF CRYSTAL and further, that the second and final reading be held on January 3, 1978• Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from the Bang Bang Oil Company for which the setting of a public hearing is required. Al Gross, owner, appeared. Moved by Councilman Aaker and seconded by Councilman Rosenthal to set 7:00 P.M., January 17, 1978 as the time and date of a public hearing at which time the Council will sit as a Board of Adjustment and Appeals to consider the request for a variance to Section 515.13, Subd. 2(b), at 6306 - 56th Avenue North, legally described as the East 1/2 of Lot 24 and Lot 25, Block 5, Kensey Manor. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from Timesavers, Inc., for which the setting of a public hearing is required. Moved by Councilman Langsdorf and seconded by Councilman Aaker to set 7:00 P.M., January 17, 1978, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustment and Appeals to consider the request for a variance to Section 515.09, Subd. 4(h-15), at 5270 Hanson Court, Lot 3, Block 1, Timesaver's 2nd Addition. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from Jerome J. Gronski for which the setting of a public hearing is required. Moved by Councilman Rosenthal and seconded by Councilman Langsdorf to set 7:00 P.M., January 17, 1978 as the time and date for a public hearing at which time the Council will sit as a Board of Adjustment and Appeals to consider the request for a variance to Section 515.13, 6/ 20 DECEMBER 1977 Subd. 5(d) Side Yards at 5810 - 34th Avenue North, legally described as the West 70 feet of the East 170 feet of Lot 13, Block 2, Rosedale Acres, except road. Motion Carried. The Building Inspector presented for consideration by the Council a request for a variance from Bill Gleason for which the setting of a public hearing is required. iL- Moved by Councilman Rygg and seconded by Councilman Aaker to set 7:00 P.M., January 17, 1978, as the time and date for a public hearing at which time the Council will sit as a Board of Adjustment and Appeals to consider the request for a variance to Section 515.15, Subd. 2(a-1), on Lot 1, Block 1, Christian Addition (36th and Major). Motion Carried. The Building Inspector presented for consideration by the Council the tentative approval of the Christian Addition, located at the southwest quadrant of 36th and Major Avenues Norte, for which the setting of a public hearing is required. la Moved by Councilman Aaker and seconded by Councilman Brisky to set 7:00 P.M., January 17, 1978, as the time and date for a public hearing on the proposed Christian Addition, located at the southwest quadrant of 36th and Major Avenues North. Motion Carried. The Building Inspector presented for consideration by the Council the final approval of Morningside Estates 6th Addition, located west of Nevada Avenue North in the vicinity of Valley Place. Moved by Councilman Aaker and seconded by Councilman Rygg to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77--83 RESOLUTION APPROVING PLAT WHEREAS, the City of Crystal is a municipal corporation, organ- ized and existing under the laws of the State of Minnesota, and WHEREAS, the City Council of the City of Crystal has adopted sub- division regulations for the orderly, economic, and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for Morningside Estates 6th Addition, as submitted by Village Builders, Inc., NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the plat entitled MORNINGSIDE ESTATES 6TH ADDITION, City of Crystal, Hennepin County, Minnesota. �z 20 DECEMBER 1977 By roll call and voting aye: Rygg, Langsdorf, Brisky, Meintsma, Ro- senthal, Aaker; absent, not voting: Bertrand. Motion carried, reso- lution declared adopted. ATTEST: City Clerk The Building Inspector presented for consideration by the Council a request for a variance from John Anderson and Lynn Reetsma for which the setting of a public hearing is required. I� Moved by Councilman Aaker and seconded by Councilman Langsdorf to set 7:00 P.M., January 17, 1978, as the time and date for a public hear- ing at which time the Council will sit as a Board of Adjustment and Appeals to consider the request for a variance to Section 515.15, Subd. 2(a-1) and Section 515.15, Subd. 2(d-1) on Lot 21, Block 5, Robbinsdale Home Gardens 4th Addition (4348 Brunswick). Motion Carried. The City Manager presented for consideration by the Council the bids for a fire truck. Moved by Councilman Rosenthal and seconded by Councilman BriskY to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 77-84 RESOLUTION AWARDING BID FOR A FIRE TRUCK WHEREAS, the City of Crystal did advertise for bids for a 1250 G.P.M. fire truck, and WHEREAS, such bids were received and publicly opened on December 1, 1977, and tabulated as follows: Company Bid Prices Delivery General Safety Equip. Corp. $76,917.00 360-400 Workdays (For pre -payment of $38,000 when truck chassis is built, a discount of $1,677 may be deducted from the above) AND'WHEREAS, General Safety Equipment Corporation is the apparent low responsible bidder, NOW, THEREFORE, BE IT RESOLVED that the City of Crystal award the bid to General Safety Equipment Corporation in the amount of $76,917.00, with a discount of $1,677 deducted for the pre -payment of $38,000 when the truck chassis is built, for the furnishing of a 63 20 DECEMBER 1977 1250 G.P.M. fire truck, and further, that funds for this equipment will be taken from the balance in the bond fund, as designated by the City Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be author- ized to sign such contract. tc, By roll call and voting aye: Rygg, Langsdorf, Brisky, Meintsma, Ro- senthal, Aaker; absent, not voting: Bertrand. Motion carried, reso- lution declared adopted. r, ATTEST: �1 City Clerk The City Manager presented for consideration by the Council a report regarding fire pension program adjustments. Representatives of the Fire Department were present to discuss the proposed legislation with the Council. After discussion, the following motion was made: _ Moved by Councilman Aaker and seconded by Councilman Rosenthal to sup- port the Crystal Fire Department Relief Association's proposed legis- lation to provide for maximums in service pensions which, in effect, would provide the City of Crystal the vehicle to negotiate pension levels within those maximum levels. Motion Carried. The Mayor declared a recess at 10:05 P.M. and called the meeting back to order at 10:13 P.M. The Building Inspector presented for consideration by the Council a report on building deficiencies on certain properties within the City of Crystal. Moved by Councilman Langsdorf and seconded by Councilman Aaker to di- rect staff to prepare detailed findings for the Council to consider on the condition of the buildings listed by the Building Inspector. Motion Carried. The Council, by common consent, also asked the Building Inspector to prepare a list of occupied buildings which also might be considered. I7 Zi The Administrative Assistant presented for consideration by the Council a report on the possible zoning around the Crystal Airport. 1q Moved by Councilman Langsdorf and seconded by Councilman Rosenthal to adopt the following resolution, the reading of which was dispensed with by unanimous consent: P 20 DECEMBER 1977 RESOLUTION NO. 77-85 A RESOLUTION OPPOSING ESTABLISHMENT OF HAZARD ZONING AROUND CRYSTAL AIRPORT WHEREAS, the area surrounding the Crystal Airport within the City of Crystal is a fully developed area of primarily single-family homes; and, WHEREAS, Minnesota Statutes Chapter 360 requires the Metropolitan Airports Commission, as the owner of the Crystal Airport, to zone lands around the Crystal Airport in terms of potential hazards to air traf- fic; and, WHEREAS, such zoning would have a detrimental effect on the value and the future viability of the approximately 200 homes within the pri- mary hazard zones, as described in the regulations of the Commissioner of Transportation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal strongly opposes the proposed zoning described in the regu- lations of the Commissioner of Transportation as it would apply to the area around the Crystal Airport as it may result in condemnation with- out compensation without any provision for funding of the taking of land which may be, in effect, the result of such zoning; and, BE IT FURTHER RESOLVED that the City Council of the City of Crys- tal supports, in concept, the efforts of the Metropolitan Council in seeking changes in the State Law and/or the regulations of the Commis- sioner of Transportation to correct the situation. BE IT FINALLY RESOLVED that the City Clerk be instructed to send a copy of this resolution to the Governor, Commissioner of Transporta- tion, Chairman of the Metropolitan Council, Chairman of the Metropoli- tan Airports Commission, and the local State Legislators. By roll call and voting thal, Aaker; absent, not tion declared adopted. ATTEST: City Clerk aye: Rygg, Langsdorf, Brisky, Meintsma, Rosen - voting: Bertrand. Motion carried, resolu- The City Manager presented for consideration by the Council the Second Reading of an ordinance relating to police pensions. Moved by Councilman Langsdorf and seconded by Councilman Aaker to adopt the following ordinance: 45- 20 s 20 DECEMBER 1977 ORDINANCE NO. 77--27 AN ORDINANCE RELATING TO POLICE PERSONNEL; AND POLICE PENSIONS: AMENDING CRYSTAL CITY CODE BY ADDING A NEW SECTION and further, that this be the second and final reading. Motion Carried. The City Manager presented -for consideration by the Council the Second Reading of an ordinance amending the food licensing ordinance. Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following ordinance: ORDINANCE NO. 77-28 AN ORDINANCE RELATING TO SP7CIAL FOOD H?NDLING LICENSES AND THE LICENSE FEES THEREOF and further, that this be the second and final reading. Motion Carried. The City Manager presented for consideration by the Council- the First Reading of an ordinance relating to elections. Moved by Councilman Rygg and seconded by Councilman Brisky to adopt the following ordinance: ORDINANCE NO. 78-,_), AN ORDINANCE RELATING TO ELECTIONS: AMENDING CRYSTAL CITY CODE, SUBSECTIONS 215.01 AND 215.05 and further, that the second and final reading be held January 3, 1978. Motion Carried. The City Manager presented for consideration by the Council the selec- tion of the auditor for 1977. Moved by Councilman Rygg and seconded by Councilman Rosenthal to au- thorize the George P,. Hansen Company, CPA, to conduct an audit for 1977 for the City of Crystal, and that the cost of the audit is not to ex- ceed $7,550, and further, to instruct the City Manager to notify Mr. Hansen of this decision. Motion Carried. The City Manager presented for consideration by the Council fund trans- fers in the 1977 budget. _;) Moved by Councilman Aaker and seconded by Councilman Rosenthal to adopt the following resolution, the reading o= wh]-ch was dispensed with by --- unanimous consent: 20 DECEMBER 1977 RESOLUTION NO. 77-86 RESOLUTION TRANSFERRING FUNDS BE IT RESOLVED that the City Treasurer be authorized and directed to make the following fund transfers: FROM TO AMOUNT Emergency Allowance Election - Postage $ 500.00 Construction #57A -BT General 485.49 Construction #56G -BT Alley General 345.89 Construction #56F-Maint. General 84.63 Construction #57A-Sealcoat General 11,525.67 Construction #57A-Sealcoat General 13,442.84 Construction #57A-Sealcoat Equipment Reserve 600.00 Construction #56J-Maint. General 14.97 Construction #56J-Maint. Equipment Reserve 21.50 Construction #56J-Maint. General 39.08 Construction #56G -St. Swr. General 8,824.04 Water & Sewer Operating General 48,000.00 Street Lighting General 5,500.00 Revenue Sharing PIR Fund 6,640.00 Revenue Sharing PIR Fund 3,860.00 PIR Water & Sewer Operating 25,623.99 By roll call and voting aye: Rygg, Langsdorf, Brisky, i Meintsma, Posen -I thal, Aaker; absent, not voting: Bertrand. Motion carried, resolution declared adopted. or ATTEST: City Clerk The City Manager informed the Council that the Fire Department wished �. to initiate a program of blood pressure testing and would proceed un- less there was objection from the Council. No objections were voiced by Council members. The City Manager asked if the Council wished the commissions to select representatives for the Thorson School Task Force. By common consent, the Council asked that the commissions appoint their representatives. Councilman Rosenthal recommended licensing of all building and remodel- ing contractors in the City and asked for a report on such licensing from the Building Inspector and the City Attorney. 20 DECEMBER 1977 Moved by Councilman Aaker and seconded by Councilman Rygg to approve the list of license applications, as submitted by the City Clerk to the City Council in the preliminary agenda, a list of which is on file in the office of the City Clerk, and further, that such list be incorpor- 2s ated into and made a part of this motion as though set forth in full herein. Motion Carried. Moved by Councilman Langsdorf and seconded by Councilman Aaker to ad- journ the meeting. Motion Carried. ATTEST: kC9 City Clerk 7