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2010.01.19 Council Meeting Packet CITY OF CRYSTAL City Council / EDA Meeting Packet Tuesday, January 19, 2010 MEETING SCHEDULE Time Type of Meeting Place 6:00 – 6:30 p.m. Citizen Input Time Conference Room A 6:30 – 6:55 p.m. EDA Work Session to discuss the 2009 Annual Report and 2010 Work Program Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers After the Regular City Council Meeting Council Work Session to discuss: • CDBG allocation • Annual Appreciation Dinner for commissioners • City’s 50th Anniversary Conference Room A THE CITY MANAGER’S COMMENTS ARE BOLDED. Crystal City Council Meeting Preliminary Agenda January 19, 2010 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE II. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings: a) The Regular City Council Meeting from January 5, 2010; and b) The Council Work Session from January 14, 2010. III. CONSENT AGENDA The Council will consider the following items, which are routine and non - controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a solicitation license for representatives of the Window Store to go door-to-door promoting the sales and service of windows, siding, or kitchen remodeling; and 4. Acceptance of Bridget Root’s resignation from the Planning Commission. IV. OPEN FORUM (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) Crystal City Council Meeting Agenda January 19, 2010 Page 2 of 4 V. REGULAR AGENDA 1. The Council will consider a conditional use permit for a storage building at 3231 Nevada Ave N (Prescription Landscape). Prescription Landscape currently occupies this property and operates under a conditional use permit. The applicant is requesting approval of a 400 square foot storage building for salt storage in the winter and dirt storage the rest of the year. At its January 11 meeting, the Planning Commission held a public hearing on this application and recommended approval, based on the findings and conditions contained in the staff report. 2. The Council will consider a resolution revoking the off-sale liquor license and tobacco license for Crystal Liquor & Smoke Shop, LLC d/b/a Crystal Liquor & Smoke Shop located at 5120 – 56th Ave N (Bass Lake Road). As discussed with the Council in December, this business has been closed for some time. Since then, we have learned the liability insurance has been cancelled. Although we have attempted to keep the owner current on the status of the licenses, the owner has several addresses that are no longer current. We now have the owner’s work address and are forwarding correspondence there. Based on the status of the property and no liability insurance, recommend approval of the resolution revoking the liquor and tobacco licenses for Crystal Liquor & Smoke Shop. 3. The Council will consider a resolution authorizing the preparation of a Feasibility Study for Noble – Major Avenue Alley Reconstruction Project # 2010-07. This year’s alley project is in the Phase 5 (panhandle) area. It is likely that 36th Avenue will be overlaid this year. In order for the alley project to be complete prior to the overlay project, plans for the alley project need to proceed. Recommend approval of the Feasibility study for this year’s alley project. 4. The Council will consider a resolution approving Permanent Improvement Revolving Fund (PIR) expenditure for the purchase of a replacement Street Department Unit #304, one ton truck, hoist, and flatbed. The 2010 PIR has $32,000 for the replacement of Streets ¾ ton truck 304. Recommend approval of this replacement purchase. Crystal City Council Meeting Agenda January 19, 2010 Page 3 of 4 5. The Council will consider the 2009 Pay Equity Report for the City of Crystal. Minnesota cities are required to complete and submit pay equity reports to the state every three years. Crystal is required to submit our report by the end of January. The report shows Crystal is in compliance; recommend approval of the 2009 Pay Equity Report. 6. The Council will consider a resolution authorizing the filing of a grant application and execution of such agreement for Community Center boilers under the provision s of the Energy Efficiency and Conservation Block Grant Program – ARRA. Federal grant funds are available for energy efficient furnaces/boilers and other HVAC systems for local governments. Several boilers at the Community Center are ready for replacement and funds are included in the 2011 PIR. While the applications for these funds will be very competitive, recommend approval of authorizing the grant application for these funds. VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The next City Council Meeting will be at 7:00 p.m. on Monday, February 1, 2010 in the Council Chambers at City Hall. VIII. ADJOURNMENT Crystal City Council Meeting Agenda January 19, 2010 Page 4 of 4 IX. MEETING SCHEDULE ON JANUARY 19, 2010 Time Type of Meeting Place 6:00 – 6:30 p.m. Citizen Input Time Conference Room A 6:30 – 6:55 p.m. EDA Work Session to discuss the 2009 Annual Report and 2010 Work Program Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers After the Regular City Council Meeting Council Work Session to discuss: CDBG allocation Annual Appreciation Dinner for commissioners City’s 50th Anniversary Celebration Conference Room A Have a great weekend; city offices are closed Monday, January 18, in observance of the Martin Luther King, Jr. holiday. See you at Tuesday’s meeting. Page 1 of 2 APPLICATIONS FOR CITY LICENSE January 19, 2010 GAS INSTALLER B & D Plumbing, Heating & A/C Inc. 4145 Mackenzie CT St Michael 55376 Centerpoint Energy 9320 Evergreen Blvd. Ste. B, Coon Rapids 55433 Dependable Indoor Air Quality 2619 Coon Rapids Blvd. Coon Rapids 55433 Kevin’s Heating & Cooling 6474 20th Ave S Hugo 55038 McQuillan Brothers Plumbing & Htg. Co 688 Hague Ave. St Paul 55104 Pierce Refrigeration 1920 2nd Ave S Anoka 55303 R & S Heating & Air Conditioning 12600 Creek View Ave. Savage 55378 River City Sheet Metal 8290 main St NE Ste39 Fridley, MN 55432 Silvernail 6603 36th Ave N Crystal, MN 55427 St Paul Plumbing 640 Grand Ave St Paul, MN 55105 GAS STATION Sura Inc. dba Gas & Food 4800 56th Ave N Crystal, MN 55429 PLUMBER B & D Plumbing, Heating & A/C Inc. 4145 Mackenzie CT St Michael 55376 Budget Plumbing 855 Hwy 169 N Plymouth, MN 55441 Dinius Plumbing 1741 Commerce Court White Bear Lake, MN 55110 McQuillan Brothers Plumbing & Htg. Co 688 Hague Ave. St Paul 55104 Raymond Haeg Plumbing 7226 Cedar Ave S Richfield, MN 55423 River City Sheet Metal 8290 Main St NE Ste39 Fridley, MN 55432 Sowada & Barna Plumbing P O Box 188 Cedar, MN 55011 St Paul Plumbing 640 Grand Ave St Paul, MN 55105 RENTAL – NEW 5830 Elmhurst Ave N – John Sexter 3248 Xenia Ave N – Craig/Melissa Gottschalk (Conditional) 5731 36th Ave N – Gary/Cheryl LaMaster 6922 45th Pl N – Bryant/Colleen Jacobson (Conditional) RENTAL – RENEWAL 3237 Adair Ave N – Peter/Szara Loring 4366 Colorado Ave N – Richard and Diane Donnelly 5930 Elmhurst Ave N – Wayne/Judy Aydt (Conditional) 5907 Jersey Ave N – Lee/Charlene Kjeldahl 5943 Jersey Ave N – James Waters (Conditional) 5430 Orchard Ave N – Joseph/Joan McCusker (Conditional) 5557 Unity Ave N – Community Involvement Programs (Conditional) 5616 Wilshire Blvd – Daniel/Mary Andresen (Conditional) 4512 Yates Ave N – Drew/Teri Kabanuk (Conditional) 3149 Yukon Ave N – Community Involvement Programs 6300 27th Ave N – Sedona Hills Apartments (Conditional) 6400 27th Ave N – Sedona Hills Apartments (Conditional) Page 2 of 2 RENTAL – RENEWAL continued 7719 30th Ave N – Mike Savage 5625 45th Ave N – John Morey (Conditional) 5925 46th Ave N – Tim Lindfors (Conditional) 5324 48th Ave N – Del Young/Tina Langhans (Conditional) 5704 56th Ave N – Harold Creek (Conditional) TOBACCO Down in the Valley 5582 W Broadway, Crystal 55428 (pre approved by Anne Norris 1/7/10) Sura Inc. dba Gas & Food 4800 56th Ave N Crystal, MN 55429 TREE TRIMMER CB Industries dba Arbortech 6332 Rhode Island Ave N Brooklyn Park, MN 55428 Gosiak Tree Service 9578 110th St Little Falls, MN 56345 Shadywood Tree Experts 5315 Dominick Dr Minnetonka, MN 55343 City Clerk ’s Memorandum DATE: January 14, 2010 TO: City Council FROM: City Clerk Janet Lewis SUBJECT: Consent Agenda: Planning Commission resignation As part of the consent agenda, please consider this memo as documentation for Bridget Root’s resignation from the Planning Commission due to unforeseen family obligations. If you have any questions, please contact me at (763) 531-1145. Thank you. I:\ADMIN\LICENSING\Application Forms\Liquor\Violation Reports\Revocations\Council Staff Report Form Lewis1.19.10.doc ___________________________________________________________________ FROM: Janet Lewis, City Clerk _______________________________________________________________ MEMORANDUM DATE: January 13, 2010 TO: Crystal City Council City Manager Anne Norris C: City Attorney Mike Norton SUBJECT: Off-Sale Liquor License revocation for Crystal Liquor & Smoke Shop Crystal Liquor & Smoke Shop LLC d/b/a Crystal Liquor & Smoke Shop is an off-sale liquor store located at 5120 – 56th Ave N, and the owner/licensee is Dr. Sahr Bockai. Crystal Liquor & Smoke Shop LLC d/b/a Crystal Liquor & Smoke Shop is not open for business, appears to be a vacant property, and contains alcohol and tobacco inventory. Although the off-sale store appears to be abandoned, it has a current liquor license that will expire June 30, 2010. In addition, the 2010 tobacco license has not been renewed and subject to cancellation by the City. Liquor liability insurance for Crystal Liquor & Smoke Shop was cancelled for non-payment in October 2009, although the City just recently received notification of the cancellation. Proof of Insurance is required for maintaining a liquor license. To date, the City has not received satisfactory evidence of insurance coverage for Crystal Liquor & Smoke Shop. Crystal Liquor & Smoke Shop made two illegal alcohol sales to underage persons on May 27, 2008 and August 31, 2009 during routine compliance checks by the Crystal Police Department. The City Council took action against the owner/licensee for each violation according to Resolution 2002-75. The violation from August 31, 2009 was deemed a second violation according to Resolution 2002-75. Civil sanctions were imposed by the Council after it COUNCIL STAFF REPORT Regular Agenda: Liquor License revocation for Crystal Liquor & Smoke Shop, 5120 – 56th Ave N I:\ADMIN\LICENSING\Application Forms\Liquor\Violation Reports\Revocations\Council Staff Report Form Lewis1.19.10.doc reviewed police and court documents and certifications. A letter from the licensee was submitted to the city manager on December 9, 2009 which admitted the violation from August 31, 2009, explained mitigating circumstances, accepted sanctions, and waived his right to a hearing. As a result, the City Council imposed sanctions at its meeting on December 15, 2009, which included a $1,500 fine due by December 30, 2009 and 3-day license suspension to be carried out when the store reopens. Beginning in October 2009 and to-date, notices, letters, and orders have been promptly mailed to the two addresses provided by the licensee, which are: 1st Address: 12209 Kemp Mill Road Silver Spring, MD 20902 2nd Address: 5055 Seminary Road Apt 839 Alexandria, VA 22311 The owner did not make any contact with the City from December 14, 2009 through January 7, 2010. In a phone conversation with Dr. Bockai on January 8, 2010, he stated he did not receive the City order regarding sanctions imposed by the City Council and thus did not know about the due date for the civil fine of $1,500. He then provided the City with a third address for correspondence, which is: 3rd Address: 3316 – 14th St. NW Washington D.C. 20010 A copy of this report has been mailed to Dr. Bockai at the third address provided on Thursday, January 14, 2010, via Certified and First-Class Mail. Adopt the resolution revoking the off-sale liquor and tobacco licenses for Crystal Liquor & Smoke Shop LLC d/b/a Crystal Liquors & Smoke Shop located at 5120 – 56th Ave N. Council Action Requested RESOLUTION NO. 2010- _____ AUTHORIZING FILING OF GRANT APPLICATION AND EXECUTION OF AGREEMENT FOR COMMUNITY CENTER BOILERS UNDER THE PROVISIONS OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - ARRA WHEREAS, it is important for the City of Crystal to reduce energy costs; and WHEREAS, the City of Crystal must do its part in reducing greenhouse gas emissions; and WHEREAS, in 2009 the City of Crystal replaced two of the five Community Center’s 80% efficient boiler with 95% efficient boilers, but for lack of funds, could not replace the remaining three; and WHEREAS, the City of Crystal desires to submit a proposal to obtain grant funds as part of the EECBG block grant program, which is funded by the American Reinvestment and Recovery Act of 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL, MINNESOTA: That the Crystal City Manager(authorized representative) and/or City Engineer is authorized to execute said application and serve as official liaison(s) with Minnesota Office of Energy Security; and FURTHER, the City of Crystal agrees to enter into necessary and required agreements with the State of Minnesota for the specific purpose of replacing three inefficient Community Center boilers, should the necessary grant funds be awarded. Adopted by the Crystal City Council this 19th day of January 2010. ______________________ ReNae J. Bowman, Mayor ATTEST: Jane Lewis, City Clerk I:pubworks/projects/2010/2010-13/CC Boiler Grant App