The URL can be used to link to this page

2009-11-16 CC Minutes ~ AJ'?.~i'!ilL€ ALBERTVILLE CITY COUNCIL NOVEMBER 16, 2009 MINUTES ALBERTVILLE CITY HALL 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER The November 16,2009 regular City Council meeting was called to order by Mayor Klecker at 7:00 p.m. who led the public in the Pledge of Allegiance. ROLL CALL 'pRESENT: Mayor Ron Klecker, Council members John Vetsch, Dan Wagner, Larry Sorensen, and Tom Fay OTHERS PRESENT: City Attorney Mike Couri, City Engineer Adam Nafstad, Assistant City Planner Carie Fuhrman, City Administrator Larry Kruse, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS - no comments CITIZEN FORUM Mayor Klecker acknowledged there were a few members in the audience that had topics to discuss that were not on the agenda. First up were Cecelia Shettel and Renee Bartholome who were 17-year old residents commenting on the Full Moon Saloon. The girls pointed out that the establishment holds Karaoke on Thursday evenings, in which the back-door is prompted open. The rather loud sound carries from the establishment to their homes where they are trying to sleep so that they can get up for school in the morning. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16, 2009 Page 2 of 11 Other comments the girls shared was the deck or ramp that was constructed. The girls wanted to know if the owner was allowed to have the deck/ramp? Was a permit required to construct the structure? If yes, was a permit submitted and approved by the City? Were inspections done? Are the customers allowed to bring their alcoholic beverage onto the deck/ramp? The girls have both witnessed a rather large crowd congregating on the deck/ramp, which makes you wonder how many people can the deck/ramp hold. Ms. Shettel went on to inform the Council that she has noticed beer bottles and other paraphernalia on their property that is most likely from the customers that visit the Full Moon Saloon. Ms. Shettel and Ms. Bartholome wanted to know if the Council was going to do anything about the establishment. It was noted that this was not the first time residents have come before the Council complaining about the Full Moon Saloon establishment. James Lang of 11571 57th Street NE was invited to the podium to speak to the Mayor and Council members. Mr. Lang wanted to bring to the Council's attention the fact that the Full Moon Saloon and Bar had Chippendale Dancers on Sunday, November 8. Mr. Lang provided paper copies of the Minnesota State Statute that such events shall not take place on Sundays. City Council directed City Attorney Couri to prepare and send a letter to Full Moon Saloon and Bar informing Mr. Mabusth of the violation(s) that have been occurring within his establishment. It will include the handicap-deck that was constructed without a building permit. City Attorney Couri was not certain how to go about the liquor aspect of the comments, in which customers go outdoors for a cigarette because of the 'Clean Air Act' that went into effect in October 2008. Couri was unable to figure out how to go about monitoring the customers that would purchase an alcohol beverage within the Full Moon Saloon then exit the rear door to have a cigarette. Couri came to the conclusion that there appears to be causable evidence that the City could deny the approval of the Renewal of the Liquor License when it comes before the Council in March 2010. Council then directed staff in addition to sending a letter to work with the residents to review and put together a written notice and a plan as to how to proceed with the recent and prior complaints against the Full Moon Saloon. Residents inquired as to how long the process will take, which Couri commented it could be January 2010 before the City would have to retrieve the data and then to allow for a public hearing that would allow the owner sufficient notice. Couri reiterated what will take place. Staff will collect and put together the list of violation that will include backup documentation or evidence that will be presented to the Council. Upon reviewing the information the Council will then set a date to hold a public hearing. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16, 2009 Page 3 of 11 AMENDMENTS TO THE AGENDA The following amendments were made to the agenda: Add: 8.B.2. 8.J.2. 8.K.1 Public Works - Treatment Plant Ponds (odor) Acquisition Appraisals for CSAH 19 and Assessment Appraisals Tattoo Parlors Remove: 8.J.1. 1-94 Nagell Final Appraisal MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Monday, November 16, 2009 regular City Council agenda to include the following amendments: Add: 8.B.2. 8.J.2. 8.K.1 Public Works - Treatment Plant Ponds (odor) Acquisition Appraisals for CSAH 19 and Assessment Appraisals Tattoo Parlors Remove: 8.J.1. 1-94 Nagell Final Appraisal Motion carried unanimously. MINUTES November 2, 2009 regular City Council minutes The following motion was mis-interpreted: MOTION BY Council member Sorensen, seconded by Council member Wagner to prepare and submit a request to the court for the City's cost and expenses associated with the CSAH 19 Assessment Appeal on the Psyk property. Council members Sorensen and Wagner voted aye. Mayor Klecker, Council members Vetsch and Fay voted nay. Motion dies. Mayor Klecker confirmed that he voted aye. Therefore, the Motion carried. MOTION BY Council member Sorensen, seconded by Council member Fay to approve the Monday, November 2, 2009 regular City Council minutes as amended, that will be printed and signed; following 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. M:\Public Data\City Counci1\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16, 2009 Page 4 of 11 CONSENT AGENDA . 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. There are six (6) items listed on the Consent Agenda, in which the following were pulled for further discussion. 8.8.1. 8.E.2. Approve the purchase of a second hockey rink in the amount of $11 ,621 Authorizing the purchase of two defibrillators for the City Hall Kitchen with funds from a previous donation from the Lion's and CenterPoint Energy Grant Authorizing the purchase of two commercial microwaves for the City Hall Kitchen with funds from a previous donation from the Lion's Authorizing to designate $2,000 City Hall table replacement with funds from a previous donation from the Lion's 8.E.4. 8.E.5. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the two (2) remaining items on the November 16, 2009 Consent Agenda that included: 8.E.1. Authorize the Monday, November 16,2009 Payment of Claims (bills) for check numbers 027655 to 027704; and 8.E.3. Approve Resolution No. 2009-043 entitled a Resolution Accepting a Policy to Allow Payment Before Council Authorization. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT - no comments PUBLIC WORKS DEPARTMENT Approve the purchase of a second hockey rink in the amount of$11,621 (item pulledfrom Consent Agenda) Public Works Supervisor Guimont reported that the Youth Hockey Association is willing to pay or donate $3,000 and the Lions' are willing to donate $5,000 towards the purchase of an additional Outdoor Hockey Rink. The second outdoor hockey rink will be half the size of the current rink and will be location near the open area. The boards will be the same height as the current structure. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16,2009 Page 5 of 11 MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the purchase of a second hockey rink with a cost not to exceed $11,621 with the Albertville Lions requested to cash the Certificate of Deposit so a portion could be donated towards the purchase and construction of a second outside hockey rink ($5,000); the remaining balance would come from the funded by the General Fund that has an estimated balance of $20,000. Motion carried unanimously. Public Works - Treatment Plant Ponds (odor) Council member Wagner asked for a brief update on the ponds, which there was not too much to report except for the ponds are okay. UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - no comments FINANCE DEPARTMENT . Authorize the Monday, November 16, 2009 Payment of Claims (bills) for check numbers 027655 to 027704 MOTION BY Council member Fay, seconded by Council member Sorensen to authorize the Monday, November 2,2009 Payment of Claims (bills) for check numbers Monday, November 16,2009 Payment of Claims (bills) for check numbers 027655 to 027704 except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously. Authorizing the purchase of two defibrillators for the City Hall Kitchen withfundsfrom a previous donation from the Lion's and CenterPoint Energy Grant (item pulledfrom Consent Agenda) City Administrator Kruse noted that the City of Albertville received a matching grant from Centerpoint energy in the amount of $2,500 to purchase defibrillators for City Hall. Staff has not purchased them due to the need of the matching $2,500. The Lions donated $10,000 to the City of Albertville a number of years ago for a Community Center. The $10,000 has been invested in a Certificate of Deposit until October 31, 2009. Recently, the Albertville Lions has requested that the CD be cashed and applying $2,500 designated towards the purchase of the defibrillators. MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize the purchase of one (1) defibrillator for City Hall with funds from a previous donation from the M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved.doc M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved.doc M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16,2009 Page 9 of 11 SE Corner of 70th St. and CSAH 19 Culvers Property Sherwin Williams Property Beaudry Property Space Aliens $1,500 $2,500 $2,500 $1,500 $2,500 Acquisition Appraisals Fay Property Omann Brothers Property V oight Property Stangler Property Cost $1,500 $1,500 $1,500 $1,500 Mayor Klecker, Council members Wagner, Sorensen, and Fay voted aye. Council member Vetsch opposed. Motion carried. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the cost not to exceed $9,500 to hire a surveyor for the right-of-way acquisition. Mayor Klecker, Council members Wagner, Sorensen, and Fay voted aye. Council member Vetsch opposed. Motion carried. LEGAL 1-94 Nagel! Final Appraisal (discussion and possibly distributed) City Attorney Couri asked to have the item removed from the agenda. ADMINISTRATION Tattoo Parlors There was discussion and concern from the Council about the potential of a Tattoo Parlor opening up in Albertville. Council directed staff to prepare an Ordinance placing a moratorium on Tattoo Parlors. MOTION BY Mayor Klecker, seconded by Council member Fay to have staff prepare an ordinance for a moratorium on tattoo parlors. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16, 2009 Page 10 of 11 ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker acknowledged the upcoming meetings and calendar of events, noting that the joint Cities and School Board meeting set for Monday, November 30 was cancelled. November 2009 23 6:00 p.m. 26 all day 30 tentative December 2009 7 6:30 p.m. 7 7:00 p.m. 8 7:00 p.m. 14 6:00 p.m. 21 6:30 p.m. 21 7:00 p.m. 23 1 :30 p.m. 24 all day 28 6:00 p.m. 31 1:30 p.m. Joint Powers Water Board meeting Thanksgiving Day observed - City offices closed Jt. City of Albertville; City of St. Michael and STMA School Board meeting (location to be determined) Truth-in- Taxation Hearing City Council meeting Planning and Zoning Commission meeting STMA Ice Arena Board meeting Truth-in- Taxation Hearing (if necessary) City Council meeting Christmas Day observed - City offices closing early Christmas Day observed - City offices closed Joint Powers Water Board meeting New Year's Day observed - City offices closing early *************************************************** January 2010 1 all day 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 18 all day 19 7:00 p.m. 25 6:00 p.m. 25 7:00 p.m. ADJOURNMENT New Year's Day observed - City-PW offices closed City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Martin Luther King Day observed - City-PW offices closed City Council meeting TUESDAY Joint Powers Water Board meeting Committee ofthe Whole Workshop (tentative) MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the Monday, November 16,2009 regular City Council meeting at 8:48 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved. doc City of Albertville City Council Minutes November 16, 2009 Page 11 of 11 ~ I, '\V\ J Bridget M' er, CIty Clerk (recordmg secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\M 11-16-09 approved.doc ~ "!~~!!'!tlL€ Albertville City Council November 16, 2009 Public Attendance Record Page 1 PRINT Name Address City Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the a enda Jolene Lyon 17325 Ur Street NE Albertville Yes - dogs barking Jason Camp 5195 My Avenue NE Albertville r' I i t2L e,\ ~ c.. L S )\Q./{e( 1t5lf( S7f,^ Sr ;j[ Albe,tlfu I' If e ~e~ - &" beLle: ,I !l Jberfv/)!e ...----. . ()fso C> f I L/ oJt 53rd S- tU€ s.., Z 'oJ? Cie ~. M:\Public Data\City Council\2009 Public Hearing Attendance.doc