Albert Lea, Minnesota January 24, 2011

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1 On Monday, January 24, 2011 the meeting of the Albert Lea City Council was called to order at 7:00 p.m. in the City Center Council Chambers by Mayor Vern Rasmussen, Jr. CALL TO ORDER AND ROLL CALL PRESENT: Mayor Vern Rasmussen Jr., Larry Baker, Ellen Kehr, Reid Olson, Larry Anderson, Al Brooks, Interim City Manager Patrick McGarvey, City Clerk Shirley Slater- Schulte, City Engineer Steven Jahnke, representative of the Albert Lea Tribune. CONSENT AGENDA *a. Approval of Minutes from the Regular Meeting of January 10, 2011 and Work Session of January 6, 2011 *b. Resolution Approval of Claims *c. Licenses and Permits (See attached list in agenda packet) 1. Resolution # Approving Application for Premises Permit Application for Gambling for Union Center, Inc. to conduct gambling at Where It Matters, 1119 S. Broadway 2. Resolution # Approving a Lease for Lawful Gambling Activity for Union Center, Inc. at Where It Matters 1119 S. Broadway. *d. Call a Public Hearing for Miscellaneous Assessments for February 28, 2011 at 7 p.m. MOTION: Move to approve the consent agenda as amended. Councilor Anderson moved that the consent agenda items be adopted as presented, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the motion PUBLIC FORUM PETITIONS-REQUESTS-COMMUNICATIONS REQUEST REGARDING THE MINNESOTA AVIATION HALL OF FAME - PLAQUES At the December 21, 2010 Airport Board meeting the Committee made a motion to bring this item to the City Council to consider. Jim Hanson presented that the Minnesota Aviation Hall of Fame is looking to relocate their memorial plaques. Originally, they were displayed at Heritage Halls in Owatonna. With the closing of Heritage Halls, the plaques were moved to the Duluth airport terminal but the only place they have for them is on the "secure" side of the terminal - people can't get to them without a boarding pass. Duluth is renovating the terminal in 2012, and at that time the plaques will have to be located elsewhere. There are about 150 plaques. If the plaques are placed three high, it would require at least 75 feet of wall space. The Airport Advisory Board discussed how these plaques would be a draw to Albert Lea and would increase the number of fly-ins because people would make day trips to 1

2 look at them. A motion was made to ask the City Council to send a letter of interest to the MAHOF board. This motion would not commit the City to housing the plaques; it would just open the dialog for bringing them here after a new building is constructed. MOTION: I will move to authorize a letter of interest. Motion was introduced by Councilor Anderson, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the motion REQUEST FROM ALBERT LEA FIGURE SKATING CLUB FOR PLACEMENT OF SIGN AT NORTH BROADWAY PARKING LOT FOR THE WEEK OF MARCH TH 50 TH ANNUAL SHOW A request has been received from the Albert Lea Figure Skating Club to place a temporary sign at the North Broadway parking lot the week of March to promote the club s 50 th annual show. The city has allowed this in the past. MOTION: I will move to authorize the placement of a temporary sign at the North Broadway parking lot. Motion was introduced by Councilor Anderson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the motion REQUEST TO HOLD THE BIG FREEZE - FEBRUARY 19 TH & 20 TH, 2011 A request has been received from the Chamber of Commerce to hold the Big Freeze on February 19-20, 2011 on Albert Lea Lake/Fountain Lake. Permission is requested for the placement of a 30 x60 tent on city property, permission to use power and removal of snow from the aquatic center parking lot and part of the Blazing Start Landing. MOTION: I will move to authorize this request. Motion was introduced by Councilor Anderson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the motion REQUEST TO AUTHORIZE THE SHERMAN BOOEN MEMORIAL AT THE ALBERT LEA AIRPORT At the December 21, 2010 Airport Board meeting the Committee made a motion to bring this item to the City Council to consider. It was presented that some friends of Sherman Booen had requested that the City of Albert Lea name the airport after him. Booen was born in Glenville, and was the first announcer on KATE radio in He moved to Minneapolis, and did a weekly aviation show on WCCO on Sunday mornings lasting until the early 1970's - it became the longest-running show on television. He also started Minnesota Flyer magazine and did air show announcing. He is 97, and had a stroke in September. Though he claimed Glenville/Albert Lea as "home," he hasn't lived here for 70 years. This request has been brought up in the past but no action was previously taken. 2

3 After much discussion, the opinion of the Airport Advisory Board is not to name Sherman Booen or any name dedicated to the airport. There was then discussion on what could be named after Sherman Booen. After much discussion a motion was made and seconded to request that the Council put a memorial near the jet plane for Sherman Booen. Costs of memorial would be between $500 - $1,000. MOTION: I will move to authorize this request. Motion made by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the motion NEW BUSINESS RESOLUTION NO ALTERNATE RESOLUTION ORDERING PREPARATION OF REPORTS ON IMPROVEMENTS Interim City Manager Patrick McGarvey explained that this resolution would order the Preparation of Reports on Improvements as reviewed and prioritized for 2011 by the City Council. Councilor Brooks moved that resolution be adopted as presented, seconded by Councilor Baker. (See Secretary's Original Resolution RESOLUTION NO AUTHORIZING AGREEMENT WITH SOUTH CENTRAL DRUG INVESTIGATION UNIT Interim City Manager Patrick McGarvey explained that the City of Albert Lea is a member of the South Central Drug Investigation Unit (SCDIU). The City has a current JPA in place that was approved two years ago and is automatically renewed. It was drafted by the Steele County Attorney s Office. This past year the legislature changed some rules and laws relating to task forces. These changes also resulted in changes to the requirement of our annual state audit. The JPA needs to be changed to reflect the new legislation. Councilor Kehr moved that resolution be adopted as presented, seconded by Councilor Anderson. (See Secretary's Original Resolution

4 RESOLUTION NO APPROVING PAY EQUITY REPORT Interim City Manager Patrick McGarvey explained that this resolution would approve submitting a pay equity implementation report to Minnesota Management and Budget as required by the Local Government Pay Equity Act, Minnesota Statutes to The report must be approved by the City Council, signed by the Mayor and submitted to the department by January 31, Pay equity is the State s method of eliminating discrimination against women who are paid less than men for jobs requiring comparable levels of expertise. The report shows that the City passed the statistical analysis test, the salary range test and the exceptional service pay test. Councilor Olson moved that resolution be adopted as presented, seconded by Councilor Baker. (See Secretary's Original Resolution RESOLUTION NO ACCEPTING FEASIBILITY REPORT AND CALLING A PUBLIC HEARING AT 7 P.M., FEBRUARY 28, 2011 FOR 2011 NEIGHBORHOOD IMPROVEMENT PROJECT (JOB #1101) Interim City Manager Patrick McGarvey explained that this resolution would approve accepting the feasibility report and calling a public improvement hearing for February 28 th, 2011 for City Job No. 1101: 2011 Neighborhood Improvement Project. This project involves the bituminous overlay of residential streets in the southeast part of the City, in the general area bounded on the north by Eleventh Street, on the south by Nineteenth Street, on the east by Gene Avenue and on the west by Larson Avenue. The streets are as follows: 11 th St. Margaretha Ave. to east end 14 th St. Myers Rd. to east end 16 th St. Myers Rd. to east end 16 th St. Margaretha Ave. to Gene Ave. 17 th St. Margaretha Ave. to Gene Ave. 18 th St. Larson Ave. to Milo Ave. Larson Ave. 19 th St. to north end Milo Ave. 16 th St. to 17 th St. Gene Ave. 16 th St. to 349 south of 17 th St. Botsford Ave. Lakeview Blvd. to end The project will involve milling the existing bituminous street surfacing for a 6-foot width along each concrete gutter line so the new bituminous layer will match with the level of the concrete gutter. A 2-inch thick layer of bituminous would be laid over the entire width of the street. The project also would involve replacing sections of curb & gutter that have settled and are causing drainage issues. There are a number of smaller bituminous street reconstructions and new installations which Engineering is proposing to include in this project. They are as follows: 4

5 16 th Street Gene Avenue to east end Bituminous Surface Installation: This section of roadway currently has curb & gutter and a gravel surface. The curb & gutter would remain in place while the gravel surface would be replaced with a new aggregate base and a bituminous surface. 17 th Street Gene Avenue to east end Bituminous Surface and Curb & Gutter Installation: This section of street, which serves as the entrance in to Sondergaard Park, is a gravel street. Proposed work is to install new curb & gutter, an aggregate base and a bituminous surface. 18 th Street Larson Avenue to west end Bituminous Surface and Curb & Gutter Installation: This section of street currently has a gravel surface and curb & gutter on the south side only. The existing curb on the south side would remain in place, while new curb would be installed on the north side. An 8 aggregate base and 4 bituminous surface would be installed. Milo Avenue Bituminous Surface Replacement: The existing bituminous surface on this section of Milo Avenue is in very poor condition and has deteriorated to the point where replacement is warranted. Work being proposed is to remove the existing bituminous surface and install a new aggregate base and bituminous surface. The majority of the curb & gutter is in good shape and will remain in place. A few short sections that have settled and are causing water ponding will be replaced. Bay Oaks Drive Cul-de-Sac Reconstruction: The bituminous surface in the cul-de-sac at the north end of Bay Oaks Drive is badly deteriorated and needs to be replaced. The main cause of the deterioration in this street has been due to frost heave action during the spring thaw. In order to alleviate this, Engineering is proposing to install subsurface drain tile along with the new aggregate base and bituminous surface. This drain tile will alleviate the movement of the pavement caused by the frost heave. This section of pavement failed before the 20-year replacement period ended as outlined in the City s assessment policy. As such, this work will not be assessed to the adjacent homeowners. The total estimated costs for this project are $536, with $280, being assessed to adjacent property owners and $256, being City costs. As per the assessment policy, the assessments would be spread over 10 years at the current rate of 4.75% A neighborhood meeting has been tentatively scheduled for February 17 th, Councilor Brooks moved that resolution be adopted as presented, seconded by Councilor Baker. (See Secretary's Original Resolution RESOLUTION NO ACCEPTING FEASIBILITY REPORT AND CALLING A PUBLIC HEARING AT 7 P.M., FEBRUARY 28, 2011 FOR 2011 STATE AID NEIGHBORHOOD IMPROVEMENT PROJECT (JOB #1102) Interim City Manager Patrick McGarvey explained that this resolution would approve accepting the feasibility report and calling a public improvement hearing for February 28 th, 2011 for City Job No State Aid Street Overlay Project. This project involves the bituminous overlay of four state-aid streets. The streets are as follows: 5

6 8 th St. - Broadway Ave. to Margaretha Ave., 14 th St. to 19 th St. Garfield Ave. DM&E RR to Fairlane Terrace Greenwood Dr. Bridge to Hammer Rd. The project will involve milling the existing bituminous street surfacing for a 6-foot width along each concrete gutter line so the new bituminous layer will match with the level of the concrete gutter. A 2-inch thick layer of bituminous would be laid over the entire width of the street. The project also would involve replacing sections of curb & gutter that have settled and are causing drainage issues as well as replacing damaged or settled sections of sidewalk. This project would also propose installing sidewalk along the west side of Margaretha Avenue from 19 th St. to 14 th St. The narrow section of Margaretha Avenue from 16 th St. to 17 th St. would be widened and new curb & gutter would be installed along the west side of the road. The total estimated costs for this project are $674, with $254, being assessed to adjacent property owners, $27, being held for future assessments, $380, being paid for using State Aid Funding and $39, being City costs. As per the assessment policy, the assessments would be spread over 5 years at the current rate of 4.75% A neighborhood meeting has been tentatively scheduled for February 22 nd, Councilor Brooks moved that resolution be adopted as presented, seconded by Councilor Baker. (See Secretary's Original Resolution RESOLUTION NO AUTHORIZING LEGAL SIGNING AUTHORITY TO INTERIM CITY MANAGER Interim City Manager Patrick McGarvey explained that this resolution would approve and authorize the Interim City Manager Patrick McGarvey to sign any and all grants or required documentation from the Division of Homeland Security and Emergency Management at the Department of Public Safety on behalf of the City of Albert Lea. Councilor Baker moved that resolution be adopted as presented, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the resolution (See Secretary's Original Resolution

7 RESOLUTION NO AUTHORIZING TRANSFER OF THE CITY OF ALBERT LEA S MATCHING FUNDS RELATED TO THE REGIONAL ASSISTANCE TO FIREFIGHTERS GRANT Interim City Manager Patrick McGarvey explained that this resolution would approve and authorize the transfer of $16, (10%) matching funds, related to the purchase of the UHF radios, from the General Fund Fire Department Budget, using the interest earnings from the Firefighters PERA Fund. Councilor Brooks moved that resolution be adopted as presented, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the resolution (See Secretary's Original Resolution RESOLUTION NO APPROVING JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA AND DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE AGENCY Interim City Manager Patrick McGarvey explained that this resolution would approve the City of Albert Lea to enter into a Joint Powers Agreement with the State of Minnesota Department of Public Safety Bureau of Criminal Apprehension to allow the Police Department and City Attorney s Office to access State and Federal Criminal Justice Information Databases. This is a five-year renewal of an existing JPA. At this time there is no cost to participating. The City Attorney has reviewed the document and has recommended approval. Councilor Baker moved that resolution be adopted as presented, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Kehr, Olson, Anderson, Brooks and Mayor Rasmussen Jr.; Mayor Rasmussen Jr. declared the resolution (See Secretary's Original Resolution MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates Second Ward, Councilor Baker reported: Committee updates Senior Center No Ward Items Third Ward, Councilor Kehr No Committee updates Ward Items - Request for a crossing on Front Street and Lincoln Huge Thank You from a resident who did not have water, got help from the City Employees. 7

8 Fourth Ward, Councilor Olson reported: Committee updates No Ward Items Thanked everyone who helped with all park projects Completed a lot of park and recreation projects with volunteers and donations Fifth Ward, Councilor Anderson reported: Committee updates No Ward Items Pick up trash on our lakes Sixth Ward, Councilor Brooks reported: Ward Items No Committee Updates Snow issue on South Broadway, snow piled on someone s else properties Questions regarding cleaning of snow off of sidewalks and trails Mailboxes that were hit by snow plows Met with Senator Sparks on the Streetscape Plan Mayor Rasmussen, Jr. reported: Attended Freeborn League of Cities Meeting Met with Representative Rich Murray on projects and state issues February 28 th, 2010 Event at Wedgewood Cove Interim City Manager Patrick McGarvey stated that city staff and council with start working on proposed cuts to the city budgets due to the possible reduction of LGA. ADJOURNMENT 7:35 p.m. Councilor Baker moved and Councilor Brooks seconded that there being no further business, the council meeting be adjourned at 7:35 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, February 14, On roll call vote, all councilors voted in favor of said motion. Mayor Rasmussen Jr. declared the motion passed and the meeting adjourned. Mayor Vern Rasmussen Jr. Filed and attested January 25, 2011 Secretary to the Council 8