2009-05-18 CC Minutes
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ALBERTVILLE CITY COUNCIL
MAY 18, 2009
MINUTES
ALBERTVILLE CITY HALL
7:00 PM
PLEDGE OF ALLEGIANCE - CALL TO ORDER
Mayor Klecker called the regular Albertville City Council meeting to order at 7:01 p.m., which
the Pledge of Allegiance was said.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council members Tom Fay, Larry Sorensen, John Vetsch, and
Dan Wagner, City Attorney Mike Couri, City Engineer Adam Nafstad, City Planner Alan
Brixius, and City Administrator Larry Kruse
ABSENT: City Clerk Bridget Miller
OTHERS PRESENT: Fire Chief Tate Mills
RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS
None
CITIZENS OPEN FORUM
None
AMENDMENTS TO THE AGENDA
Mayor Klecker wanted to know if there were any changes to the agenda.
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
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City of Albertville
City Council Minutes
May 18, 2009
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Monday, May 18,2009 regular City Council agenda adding Mayor Klecker request report on his
attendance at the Annual Mayor's Association Meeting to Council reports section. Motion
carried unanimously.
MINUTES
Approve the Monday, May 4, 2009 regular City Council minutes
MOTION BY Council member Sorensen, seconded by Council member Vetsch to approve the
Monday, May 4,2009 regular City Council minutes, printed and signed; after signing the
minutes will be scanned and the electronic scanned version will be kept on file in the office of
the City Clerk that will serve as the official copy. Motion carried unanimously.
CONSENT AGENDA
e CONSENT AGENDA
All items with an asterisk (e) are considered to be routine in nature by the City staff and will be
enacted by one motion. There will be no separate discussion of these items unless a Council
member, staff, or citizen so requests. In such event, the item will be removed from the Consent
Agenda; a separate discussion will take place during the General Order of Business and
considered in its normal sequence on the agenda that will require a separate motion.
Mayor Klecker inquired if there were any items to be pulled for further discussion
9.F.1. Authorize the Monday, May 18,2009 Payment of Claims (bills) for check numbers
027029 to 027084 as presented except the bills specifically pulled, which are passed by separate
motion; 9.G.1. Approve three (3) I-Day 3.2% Malt Liquor License application(s) submitted by
the Albertville Lions for the annual Friendly City Days that will be held within the Lions
Pavilion located on Main Avenue NE from Friday, June 12 thru Sunday, June 14; 9.G.2.
Approve the Minnesota Lawful Gambling LG240B for Excluded Bingo Application submitted
by the S1. Albert Catholic Aid to conduct Excluded Bingo at the S1. Albert Parish Center located
at 5700 Main Avenue NE within the Albertville city limits for an event to be held on June 13,
2009 and November 22,2009, which a signed copy of the gambling permit will be kept on file in
the office of the City Clerk; 9.G.3. Approve Resolution No. 2009-015 entitled a Resolution
Approving a Three-Day Gambling Permit for the Albertville Lions for the Period Commencing
June 12,2009 to June 14,2009 to be held within Central-City Park (Lions Pavilion) as
presented; 9.G.4. Approve Resolution No. 2009-016 entitled a Resolution Approving the
Renewal of the Gambling Permit for the Albertville Lions at Major's Sports Cafe located at 5651
LaCentre Avenue NE within the Albertville city limits as presented; 9.G.5. Approve Resolution
No. 2009-017 entitled a Resolution Approving Renewal of the Gambling Permit for the
Albertville Lions Club that includes Pull-Tab's, Tipboards, Paddlewheels, and Raffles at Geez'
Sports Bar & Grill, 5788 Main Avenue NE within the Albertville city limits as presented; 9.G.6.
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City of Albertville
City Council Minutes
May 18,2009
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Approve Resolution No. 2009-018 entitled a Resolution Approving the Renewal of the
Gambling Permit for the Albertville Lions at Cedar Creek Bar & Grill located at 5700 Jason
Avenue NE within the Albertville city limits; 9.G.7. Approve Resolution No. 2009-019 entitled
a Resolution Approving Renewal of the Gambling Permit for the Albertville Lions at the 152
Club located at 5794 Main Avenue NE within the Albertville city limits as presented; 9.G.8.
Approve the New Application for a 2009-2010 On-Sale 3.2% Malt Beverage Liquor License to
MLB Restaurats Investment for Carbone's contingent upon Minnesota State Alcohol and
Gambling approval, at which time the City Clerk will issue the license; 9.J.l. Approve to reduce
the Albertville Marketplace Letter of Credit to no less than $15,225 conditioned upon all
outstanding balances owed to the City being paid in full
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
Consent Agenda pulling payment of claims for a question on a bill. Motion carried
unanimously.
WINTER PARK SOFTBALL FIELD
The Parks Committee reported they had reviewed a complaint by one of the neighbors of Winter
Park regarding balls hitting their fence and landing in their yard. The Park's Committee
recommended installation ofa 4 foot high chain link fence with a 10 foot net (14 feet high) by
approximately 200 feet long. Staff provided a quote of approximately $5,250 to complete the
job. Some Council members expressed concern about spending so much on this fence, when
there are so many other park priorities and little park revenue. The Council asked City Attorney
Couri what liability the City might have should a ball go beyond the fence and hurt someone.
City Attorney Couri stated it is the City Council's discretion if they want to install a fence. The
City has discretionary immunity, which limits the City's liability when the City can not
financially afford certain improvements.
An alternative shorter temporary fence was suggested giving the City time to study if the
problem is significant enough to merit the $5,000 plus fence investment.
MOTION BY Council member Vetch, seconded by Council member Wagner to install the 14
foot high fence in Winter Park. Council members Vetsch and Wagner voted aye and Council
members Sorensen, Fay and Mayor Klecker voted nay. Motion failed.
MOTION BY Council member Sorensen, seconded by Council member Fay to approve
installation of a temporary five to seven foot fence installed in a manner to protect the neighbor's
fence, with the idea that this issue may be revisited later this year to determine if the permanent
fence is really needed. Mayor Klecker, Council member Sorensen and Fay voted aye, and
Council members Vetsch and Wagner voting nay. Motion carried.
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City of Albertville
City Council Minutes
May 18, 2009
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DEPARTMENT BUSINESS
LEGAL
Niemeyer Trailer Sales - Amendment to the Developer's Agreement
Mr. Tim Niemeyer of Niemeyer Trailer Sales approached the City Council requesting removal of
the following paragraph in the Niemeyer Development Agreement, which requires him to
maintain a letter of credit guaranteeing payment of the special assessments for his private road.
"The special assessments referred to in this paragraph are estimated to be
approximately $52,402.75. The effect of this paragraph is to allow the City to retain
the developer's letter of credit in the amount of the unpaid special assessments
(reducing the letter of credit as payments on the special assessments are made) until all
special assessments are fully paid. The special assessments will likely be fully paid
over a ten year period. If the developer fails to make any of the special assessment
payments when due, the City would have the developer's letter of credit to draw on to
make the required payments. The property at issue has an assessed value of $530,300,
but City Staff believes that the purchase agreement between the current owner and
Niemeyer set a purchase price much higher than the assessed value."
Staff reported that removal of the assessment guarantee does not benefit the City and is primarily
meant to guarantee timely cash flow to make bond payments. Staff stated the City is well secured
by the land should assessments not be paid on time and interest charged will compensate the City
for this time delay.
MOTION BY Council member Wagner, seconded by Mayor Klecker to delete the following
paragraph from the Development Agreement.
"The special assessments referred to in this paragraph are estimated to be approximately
$52,402.75. The effect of this paragraph is to allow the City to retain the developer's
letter of credit in the amount of the unpaid special assessments (reducing the letter of
credit as payments on the special assessments are made) until all special assessments
are fully paid. The special assessments will likely be fully paid over a ten year
period. If the developer fails to make any of the special assessment payments when
due, the City would have the developer's letter of credit to draw on to make the
required payments. The property at issue has an assessed value of $530,300, but City
Staff believes that the purchase agreement between the current owner and Niemeyer
set a purchase price much higher than the assessed value."
Voting aye, Mayor Klecker, Council members Fay, Sorensen and Wagner. Voting nay
Council member Vetsch. Motion carried.
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City of Albertville
City Council Minutes
May 18, 2009
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FIRE DEPARTMENT
Fire Chief Tate Mills - Fire Code Update (152 Club)
Fire Chief Mills reported the majority of life safety issues have been completed at the 152 Club.
Although a number of smaller items remain, he does not recommend any enforcement action.
Mills reported that both he and Building Official Sutherland will continue to work with the 152
Club on the remaining fire compliance items.
PUBLIC WORKS DEPARTMENT - no comments
UTILITIES DEPARTMENT (WWTP) - no comments
BUILDING DEPARTMENT - no comments
FINANCE DEPARTMENT
Authorize the Monday, May 18, 2009 Payment of Claims (bills) for check numbers 027029 to
027084 as presented except the bills specifically pulled, which are passed by separate motion.
MOTION BY Council member Sorensen, seconded by Council member Wagner to authorize
the payment of check numbers 027029 to 027084. Motion carried unanimously.
CITY CLERK
.Approve three (3) 1-Day 3.2% Malt Liquor License application(s) submitted by the Albertville
Lions for the annual Friendly City Days that will be held within the Lions Pavilion located on
Main Avenue NE from Friday, June 12 thru Sunday, June 14
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
following motions; approve three (3) I-Day 3.2% Malt Liquor License application(s) submitted
by the Albertville Lions for the annual Friendly City Days that will be held within the Lions
Pavilion located on Main Avenue NE from Friday, June 12 thru Sunday, June 14. Motion
carried unanimously.
. Approve the Minnesota LawfUl Gambling LG240B for Excluded Bingo Application submitted
by the St. Albert Catholic Aid to conduct Excluded Bingo at the St. Albert Parish Center located
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City of Albertville
City Council Minutes
May 18,2009
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at 5700 Main Avenue NE within the Albertville city limits for an event to be held on June 13,
2009 and November 22, 2009, which a signed copy of the gambling permit will be kept on file in
the office of the City Clerk.
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
Minnesota Lawful Gambling LG240B for Excluded Bingo Application submitted by the St.
Albert Catholic Aid to conduct Excluded Bingo at the St. Albert Parish Center located at 5700
Main Avenue NE within the Albertville city limits for an event to be held on June 13, 2009 and
November 22,2009, which a signed copy ofthe gambling permit will be kept on file in the office
of the City Clerk. Motion carried unanimously.
. Approve Resolution No. 2009-015 entitled a Resolution Approving a Three-Day Gambling
Permit for the Albertville Lions for the Period Commencing June 12, 2009 to June 14, 2009 to be
held within Central-City Park (Lions Pavilion) as presented
MOTION BY Council member Fay, seconded by Council member Sorensen to approve
Resolution No. 2009-015 entitled a Resolution Approving a Three-Day Gambling Permit for the
Albertville Lions for the Period Commencing June 12,2009 to June 14,2009 to be held within
Central-City Park (Lions Pavilion) as presented. Motion carried unanimously
. Approve Resolution No. 2009-016 entitled a Resolution Approving the Renewal of the
Gambling Permitfor the Albertville Lions at Major's Sports Cafe located at 5651 LaCentre
Avenue NE within the Albertville city limits as presented
MOTION BY Council member Fay, seconded by Council member Sorensen to approve
Resolution No. 2009-016 entitled a Resolution Approving the Renewal of the Gambling Permit
for the Albertville Lions at Major's Sports Cafe located at 5651 LaCentre Avenue NE within the
Albertville city limits as presented. Motion carried unanimously.
.Approve Resolution No. 2009-017 entitled a Resolution Approving Renewal of the Gambling
Permit for the Albertville Lions Club that includes Pull-Tab 's, Tipboards, Paddlewheels, and
Raffles at Geez' Sports Bar & Grill, 5788 Main Avenue NE within the Albertville city limits as
presented
MOTION BY Council member Fay, seconded by Council member Sorensen to approve
Resolution No. 2009-017 entitled a Resolution Approving Renewal of the Gambling Permit for
the Albertville Lions Club that includes Pull- Tab's, Tipboards, Paddlewheels, and Raffles at
Geez' Sports Bar & Grill, 5788 Main Avenue NE within the Albertville city limits as presented
Motion carried unanimously.
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City of Albertville
City Council Minutes
May 18, 2009
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. Approve Resolution No. 2009-018 entitled a Resolution Approving the Renewal of the
Gambling Permit for the Albertville Lions at Cedar Creek Bar & Grill located at 5700 Jason
Avenue NE within the Albertville city limits
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
following motion.
. Approve Resolution No. 2009-019 entitled a Resolution Approving Renewal of the Gambling
Permit for the Albertville Lions at the 152 Club located at 5794 Main Avenue NE within the
Albertville city limits as presented
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
Resolution No. 2009-018 entitled a Resolution Approving the Renewal of the Gambling Permit
for the Albertville Lions at Cedar Creek Bar & Grill located at 5700 Jason Avenue NE within the
Albertville city limits. Motion carried unanimously.
. Approve the New Application for a 200Q-2010 On-Sale .':?2% Malt Beverage Liquor
License to MLB Restaurats Investment for Carbone's contingent upon Minnesota State Alcohol
and Gambling approval, at which time the City Clerk will issue the license
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
New Application for a 200Q-2010 On-Sale ~.2% Malt Beverage Liquor License to MLB
Restaurats Investment for Carbone's contingent upon Minnesota State Alcohol and Gambling
approval, at which time the City Clerk will issue the license. Motion carried unanimously.
CITY COUNCIL
Oral Update on the STMA Ice Arena Board meeting.
Council member Fay and Wagner reported the Board is in the process of doing Arena Manager
Fitch's annual review. Stated Youth Hockey reported increased number of players and teams.
Reported the STMA Board discussed the unlikelihood of an arena expansion in the near future
and is seeking information on development of another outside rink.
City Administrator Kruse presented an overview of the property tax impacts for Albertville and
St. Michael if a $5,000,000 arena was constructed. Albertville's annual debt service would
increase approximately seven percent, an amount almost impossible in light of the economy. At
the Arena Board meeting St. Michael stated they could not afford to participate at this time.
Kruse presented an alternative whereby both cities could annual reserve $50,000 each which
could be match through increased arena rates generating approximately $200,000 per year. The
Council expressed interest in this concept.
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City of Albertville
City Council Minutes
May 18,2009
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Oral Update on the Planning and Zoning Commission meeting
Council member Wagner reported the Commission will be recommending approval of Mr.
Wagener's storage building, which was the subject of much past discussion.
PLANNING AND ZoNING - no comments
ENGINEERING
MOTION BY Council member Fay, seconded by Council member Sorensen to:
.Approve to reduce the Albertville Marketplace Letter of Credit to no less than $15,225
conditioned upon all outstanding balances owed to the City being paid in full. Motion carried
unanimously.
Heard the City Engineer's Progress Report dated May 13, 2009
ADMINISTRA nON
Heard the City Administrator's report dated May 14, 2009
Downtown Plat- City lot
City Administrator Kruse reported the Downtown Plat and land trade has been finalized and was
seeking direction from the Council on sale and development of the lot. The Council directed a
letter be sent to both the 152 Club and Geez informing them of the City's intent to advertise and
sell the lot adjoining the Railroad tracks. Further to inform the Downtown businesses that they
can use the parking area there through the fall or until sold giving them time to finish their
parking lots and that the City may seed this area to grass later this fall after the volleyball season.
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker asked the Council to review the upcoming meetings and calendar of events.
May 2009
25 all day
26 6:00 p.m.
Memorial Day observed - City Offices closed
Joint Powers Water Board meeting
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City Council Minutes
May 18, 2009
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June 2009
1 7:00 p.m.
8 6:00 p.m.
9 7:00 p.m.
11-14 varies
12 5:00 p.m.
14 1:30 p.m.
15 7:00 p.m.
22 6:00 p.m.
29 7:00 p.m.
July 2009
2 all day
6 7:00 p.m.
13 6:00 p.m.
14 7:00 p.m.
20 7:00 p.m.
26 6:00 p.m.
26 7:00 p.m.
August 2009
3 7:00 p.m.
10 6:00 p.m.
11 7:00 p.m.
17 7:00 p.m.
24 6:00 p.m.
31 7:00 p.m.
ADJOURNMENT
City Council meeting
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
Albertville Friendly City Days
Albertville vs. St. Michael friendly challen2e 'Game On'
Albertville FCD Grande Day Parade
City Council meeting
Joint Powers Water Board meeting
Committee of the Whole Workshop (5th Monday - tentative)
Independence Day observed - City Offices closed
City Council meeting
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
City Council meeting
Joint Powers Water Board meeting
Committee of the Whole Workshop (tentative)
City Council meeting
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
City Council meeting
Joint Powers Water Board meeting
Committee of the Whole Workshop (tentative)
MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn
meeting at 9:30 p.m. Motion carried unanimously.
ity Administrator (recording secretary)
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Albertville City Council
May 18, 2009
Public Attendance Record
Page 1
Complete a "Request
to Speak" card if you
PRINT Name Address City want to speak to the
council regarding an
item that is not on the
agenda
Jane Smith 1325 Any Street NE Albertville No - agenda item
John Doe 1295 Your Street NE Annandale Yes - car(s) speeding
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