Albert Lea, Minnesota May 26, 2009

Transcription

1 On Tuesday, May 26, 2009 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 Michael Murtaugh. 1. CALL TO ORDER AND ROLL CALL Present were Mayor Michael Murtaugh, Councilors Vern Rasmussen, Larry Baker, Ellen Kehr, Reid Olson, Larry Anderson and Al Brooks. Also present were City Manager Victoria Simonsen, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune. a. The Pledge of Allegiance was recited. *2. CONSENT AGENDA *a. *b. APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MAY 11, RESOLUTION APPROVING CLAIMS: Resolution represents the financial claims of the City. (See Secretary's Original Resolution included with these minutes.) *c. LICENSES AND PERMITS ANNUAL LICENSE(s) Plumber Josh Kasper d/b/a Kasper Plumbing, Inc., Owatonna, MN Tree Trimmer Scott Jones d/b/a Farmland Tree Service, Sherburn, MN Fireworks American Promotional Events, Inc. d/b/a TNT Fireworks, 4511 Helton Dr. Industrial Park, Florence, AL for fireworks sales inside HyVee Store, Albert Lea, MN TEMPORARY LICENSE(s) On-Sale Liquor Albert Lea-Freeborn County Chamber Foundation, 701 Marshall St., Albert Lea, MN on June 13, 2009 at the North Broadway Parking Lot for Eddie Cochran event Curtis Smith d/b/a Moose Lodge of Albert Lea, 1623 W. Main St., Albert Lea, MN for an event at the Skyline Mall Plaza parking lot, June 5 & 6, 2009 *d. *e. CALL WORKSHOP FOR JUNE 18, 2009 AT 5:30 P.M. TO DISCUSS BASEBALL COMPLEX AT CITY COUNCIL CHAMBERS ACCEPTING PORT AUTHORITY 2008 ANNUAL AUDIT REPORT *f. PARADE PERMIT FOR ALBERT LEA/FREEBORN COUNTY 3 RD OF JULY PARADE

2 MOTION: Move to approve the consent agenda, and amend the agenda with the removal of item 4d Request from Green Lea Men s Club. Councilor Brooks moved that the consent agenda items be adopted as presented, and seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. 3. PUBLIC FORUM No one appeared at the Public Forum. 4. PETITIONS-REQUESTS-COMMUNICATIONS a. HABITAT FOR HUMANITY 500 MILE BICYCLE RIDE FUNDRAISER, JULY 16-17, 2009 City Manager Simonsen explained that Habitat for Humanity will be hosting a 500 mile, 7-day bicycle ride fundraiser on July 16 th & 17 th. The group will be entering Albert Lea from CSAH 45 from Clarks Grove and going west on Hammer Road on July 16 th. The ending point will be Albert Lea High School. They will be camping out at the high school before leaving July 17 th on the same route. There are approximately 125 riders who are fundraising for Habitat for Humanity. b. CROSSROADS COMMUNITY HOSPICE ANNUAL FRIENDS OF HOSPICE WALK SATURDAY, JUNE 13, 2009 City Manager Simonsen explained that Crossroads Community Hospice volunteers are planning the Annual Friends of Hospice Walk around Fountain Lake. The event is scheduled for Saturday, June 13 th in conjunction with Eddie Cochran weekend. The City Council is invited to join the walk which will begin at the Freeborn County Fairgrounds. Registration begins at 7:00 a.m. with the walk beginning at 7:30 a.m. c. REQUEST FOR REDUCED LANDFILL RATES DEMOLITION AT 418 ULSTAD, BOB & JOHN ACKLAND City Manager Simonsen explained that Mr. John Ackland has presented a purchase agreement for the property located at 418 Ulstad Avenue and plans to have the house and garage demolished. Mr. Bob Ackland is planning to do the demolition. He is requesting that the city reduce the rate at the landfill from $13.50 per cubic yard to $9.00 per cubic yard for this project. The $9.00 rate is generally applied to projects consisting of over 300 cubic yards of material. This site is not anticipated to have that amount. Mr. Bob Ackland, th Avenue S.W., stated that it is scheduled to change ownership on June 1, 2009 and due to back taxes, special assessments and other costs, that a request is being made for reduced landfill rates.

3 Mr. Jim Radke, Twin Lakes, MN, stated that the owner of the property understood that Ackland was going to repair this house. Inquired as to what would happen to this property. MOTION: Move to approve this request contingent on sale of this property to the Acklands by June 8 th, Motion was made by Councilor Rasmussen, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Kehr, Olson and, Anderson. Nays: Councilor Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. d. REQUEST FROM EDDIE COCHRAN DANCE COMMITTEE FOR USE OF NORTH BROADWAY PARKING LOT, SATURDAY, JUNE 13, 2009 FROM 8:00 P.M. TO 12:00 A.M. City Manager Simonsen explained that the Eddie Cochran Dance Committee is requesting the use of the North Broadway parking lot on June 13, 2009 from 8:00 p.m. to midnight to host a street dance with a live band and beer garden. This is the third year this event would be held with no incidents reported. The Committee is requesting permission to use the parking lot, play live music and sell 3.2% beer and malt beverages at the dance. A separate beer garden will be set up according to the Albert Lea Police Department specifications. MOTION: Move to approve this request. Motion was made by Councilor Baker, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. 5. UNFINISHED BUSINESS (NO ITEMS) 6. NEW BUSINESS a. PUBLIC HEARING AND RESOLUTION ADOPTING MISCELLANEOUS ASSESSMENTS, ROLL 0073 City Manager Simonsen explained that a public hearing is being held to receive input regarding the adoption of Roll 0073 involving miscellaneous assessments. The assessments include unpaid utility bills, refuse removal and mowing for which payment has not been received by the city. The assessments shall be payable in a single installment and shall bear interest at the rate of 6% per annum from May 26, 2009 unless the entire assessment is paid within 30 days from the adoption of this resolution. Mayor Murtaugh opened the Public Hearing and called three times. No one spoke for or against this item.

4 Mayor Murtaugh closed the Public Hearing. Resolution was introduced by Councilor Brooks, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Murtaugh declared the resolution passed (See Secretary s Original Resolution b. RESOLUTION ACCEPTING BID FOR 2009 MOWING AND TRIMMING OF GRASS City Manager Simonsen explained that the City advertised for bids for the mowing and trimming of grass on private and public properties that violate the city s ordinance regarding yards to be free of tall grass and weeds. Bids were submitted that included a charge for lots or yards up to 12,000 square feet in area, 12,100 to 20,000 feet in area and over 20,000 feet in area. The city received only one bid from Mr. Dennis J. Olson, Albert Lea, MN. The bid was $33.00 for property up to 12,000 square feet in area and $43.00 for property up to 12,001 to 20,000 square feet in area. The increase is $10.00 more than last year due to the increase in fuel costs. Resolution was introduced by Councilor Rasmussen, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson and Brooks. Nay: Mayor Murtaugh. Mayor Murtaugh declared the resolution passed (See Secretary s Original Resolution c. ORDINANCE 121, 3d REPEALING ORDINANCE 09, 3d REGULATING THE SALE OF METHAMPHETAMINE PRECURSOR DRUGS (2nd Reading) City Manager Simonsen explained that this is the second reading of Ordinance 121, 3d which repeals Ordinance 90, 3d regulating the sale of methamphetamine precursor drugs as adopted by the Albert Lea City Council in March The Minnesota State Legislature has adopted statute pre-empting all prior ordinances enacted. City Attorney Lee Bjorndal recommends that the City of Albert Lea repeal section of the city code and remove it from its ordinances. Ordinance 212, 3d was introduced by Councilor Olson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said Ordinance: Councilors (See Secretary s Original Ordinance 121, 3d

5 d. RESOLUTION AUTHORIZING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF ARENA HEATING/REFRIGERATION SYSTEM City Manager Simonsen explained that this resolution would authorize the preparation of plans and specifications for the replacement of the heating and refrigeration system at the Albert Lea City Arena. The existing system is over 40 years old and in need of replacement. City staff did pursue the installation of a geothermal system and presented the results to the City Council, but it does not appear to be feasible at this time due to financial considerations and the extended payback of the improvement. City staff would like to prepare specifications for a more traditional system of heating and refrigeration for the main arena area. Resolution was introduced by Councilor Kehr, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors (See Secretary s Original Resolution e. RESOLUTION AUTHORIZING AMENDMENTS TO LIBRARY POLICY MANUAL RULES OF BEHAVIOR City Manager Simonsen explained that the on May 20, 2009 the Albert Lea Library Advisory Board recommended an amendment to the Library policy manual regarding Rules of Behavior. The City Council has been provided the Rules of Conduct expected in the Library that are designed to protect the rights and safety of patrons, the rights and safety of staff members and to preserve and protect the library s materials, facilities and property. Resolution was introduced by Councilor Rasmussen, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor (See Secretary s Original Resolution f. RESOLUTION APPROVING PROFESSIONAL SERVICES CONTRACT WITH BOLTON & MENK MYERS ROAD RECONSTRUCTION (JOB 0208) City Manager Simonsen explained that in February, 2009, the City solicited proposals for engineering services for the complete reconstruction of Myers Road including the concrete street, sanitary sewer, storm sewer and watermain. The goal is to design the project in 2009 with the intent of constructing it in 2010 or 2011 depending on financial constraints. The total estimated cost of the project is $3,400,000 with federal funds, state aid funds and local funds and assessments covering the cost. The City received a total of three proposals from firms qualified to oversee the project. The bids were as

6 follows: Jones, Haugh and Smith with Yaggy Colby, Albert Lea/Rochester $345,336; Bolton & Menk, Mankato, MN $308,505; and Bonnestro & Associates, Rochester, MN $308, City staff is recommending accepting the bid from Bolton & Menk due to the cost estimate and time frame for construction being significantly shorter than the others. Resolution was introduced by Councilor Anderson, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said resolution: Councilors (See Secretary s Original Resolution g. RESOLUTION ORDERING INSTALLATION OF SIDEWALK 101 LAKE AVENUE City Manager Simonsen explained that on November 7, 2008 a letter was sent to Gerald & Grace Skaar, 109 Lake Avenue, requiring them to replace the sidewalk that was removed by them without authorization from the City. As of today, the sidewalk has not been replaced, resulting in a violation of City Code Sec indicating that it is the primary responsibility of the property owner to keep and maintain a sidewalk in a safe and serviceable condition. The code further identifies that if the property owner fails to do such the City Engineer shall report it to the City Council who may order the work done under their direction and assess the cost to the property owner. This resolution would order the installation of sidewalk at 101 & 105 Lake Avenue and assess the cost against the property. Mrs. Grace Skaar, 109 Lake Avenue, stated that the sidewalk was removed because it was in poor condition due to tree growth, and damaged by heavy equipment during removal of the house. They are proposing to have the sidewalk replace before June 8, Resolution was introduced by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson and Mayor Murtaugh. Nay: Councilor Brooks. Mayor (See Secretary s Original Resolution h. RESOLUTION AWARDING ALBERT LEA MUNICIPAL AIRPORT RUNWAY 16/34 RELOCATION PHASE I & RUNWAY 4/22 REHABILITATION (JOB 0714) City Manager Simonsen explained that bids for the relocation of Runway 16/34 and the rehabilitation of Runway 4/22 were received recently. Mead & Hunt completed the review of the contractor s bid proposals which included six separate schedules. All bid proposals met the requirements listed in the bidder s instructions. The bids were as

7 follows: Ulland Bros., Inc. $4,317,345.49; Shingobee Builders, Inc. $4,545,817.26; and Heselton Construction, LLC $4,677, After examining the bid proposals, Ulland Bros., Inc. was determined to be the low bidder in each of the schedules and the low bidder for the sum of the six schedules. The low bid was found to be approximately 19% below the engineer s estimate. It is recommended the bid be awarded to Ulland Bros., Inc. for all six schedules, contingent on the availability of federal funds. Resolution was introduced by Councilor Anderson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor (See Secretary s Original Resolution i. RESOLUTION AMENDING LEC OPERATIONS CONTRACT City Manager Simonsen explained that the City of Albert Lea and Freeborn County entered into an agreement in December 2007 involving the City leasing from the County a portion of the Freeborn County Government Center for use by the Albert Lea Police Department and shared space with the Freeborn County Sheriff s office for records and dispatch. The contract has been in place for over one year and it is agreed by both parties that adjustments should be made. This resolution would amend the current agreement to increase the amount of reimbursement from one-third to one-half of the salaries for the records department employees, that the agreement be reviewed on a regular basis and the newly appointed and elected officials sign the document. City staff supports the amendments as presented. Resolution was introduced by Councilor Kehr, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors (See Secretary s Original Resolution j. RESOLUTION TRANSFERRING OF FUNDS City Manager Simonsen explained that this resolution would authorize the temporary transfer of $800,000 from the unreserved fund balance of the General Fund to the Permanent Improvement Debt Service Fund for the prepayment and redemption of the city s general obligation Permanent Improvement Revolving Fund bonds, Series Resolution was introduced by Councilor Anderson, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor (See Secretary s Original Resolution

8 k. MOTION TO INSTRUCT STAFF TO EXPLORE POSSIBILITIES OF RV PARK Councilor Anderson stated that he would like to instruct staff to begin working on establishing a RV Park near the old wastewater treatment site, located near the Pelican Breeze. Council discussed this matter and made the following motion: MOTION: Move to instruct city staff to start the research and establishment of a Recreation Vehicle Park near the wastewater treatment site for a RV camping facility. Motion was introduced by Councilor Anderson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors 7. MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates First Ward, Councilor Rasmussen reported: Committee updates. Questions and concerns regarding a building in Ward VI in disrepair, but has been issued a building permit. Concerns regarding speeding and noise on Richway Drive. Encouraged everyone to participate in Blue Zone activities. Requested information as to where year olds can congregate past 10:30 p.m.? Second Ward, Councilor Baker reported: No Committee updates. Comments on the improved clarity of Fountain Lake. ArtSpace Meeting scheduled for May 27, 2009 at 3:00 p.m. Attended a Blue Zone Purpose Workshop. Third Ward, Councilor Kehr reported: Encourages everyone to attend the Blue Zone Purpose Workshop. 4 th of July Fundraiser scheduled for Friday, May 29, Excellent Press Conference regarding LGA by Mayor Murtaugh. Fourth Ward, Councilor Olson reported: Ward items have been addressed. Committee updates. Information on proposed RV Park. Update on Blazing Star Trail. Funds for Edgewater Park allocated for pavilion & playground equipment. Fifth Ward, Councilor Anderson: Committee Updates. Weekly Fishing Report. Construction at 4 th & Frank Hall Drive. Complaints on Jefferson and the Shell Station on Front Street for long grass. Encouraged residents to get involved with Blue Zones.

9 Thank you to SRRWD for assistance with Blazing Star Landing Cleanup. Sixth Ward, Councilor Brooks: Committee updates. Building Permit situation on 8 th & Frank. No Delivery of papers to abandoned/vacant properties. Inquired as to status of property damaged by fire on Academy. Mayor Murtaugh: Thank you from Thorne Crest Retirement Community. Library staff available to assist with Vitality Compass. USA Today will feature Albert Lea regarding Blue Zones. HRA Committee update at next meeting. Encourage residents to attend Blue Zone Activities. Comments on the clarity of Fountain Lake. Thank you to everyone involved in the Memorial Day activities. Proclamation for REACT during the month of May. b. City Manager s Response to Public Items Encouraged residents to apply for HRA grants. Sign up at Community Education or Planning Office for AARP Purpose Workshop. 8. ADJOURNMENT 8:35 P.M. Councilor Anderson moved and Councilor Brooks seconded that there being no further business, the council meeting be adjourned at 8:35 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, June 8, On roll call vote, all councilors voted in favor of said motion. Mayor Murtaugh declared the motion passed and the meeting adjourned. Filed and attested May 27, Secretary of the Council Mayor Michael K. Murtaugh