Albert Lea, Minnesota June 8, 2009

Transcription

1 On Monday, June 22, 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 JUNE 8, 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) Off-Sale Liquor A-1 Liquor, 701 So. Broadway, 2 AM On-Sale Intoxicating Liquor (new license) Ronald D. Schroeder d/b/a The Rockitt Club, LLC, 1119 S. Broadway, On-Sale Intoxicating Liquor (new license) Ronald D. Schroeder d/b/a The Rockitt Club, LLC, 1119 S. Broadway, Jeff Elseth d/b/a Green Lea Golf Course, 101 Richway Dr., 3.2% On-Sale Malt Liquor Johnny Dang d/b/a China Restaurant, 805 E. Main St., On-Sale Wine Johnny Dang d/b/a China Restaurant, 805 E. Main St., Sunday On-Sale Intoxicating Liquor Jeff Elseth d/b/a Green Lea Golf Course, 101 Richway Dr., Sign Hanger Crosstown Sign, Inc., Aberdeen St., Ham Lake, MN

2 Mark Sanderson d/b/a Sanderson Auto Repair, Inc., 131 W. College St., Albert Lea, MN Tim Winkels d/b/a Winkels Electric, Inc., st St., S.E., Rochester, MN Darv Habben d/b/a/ Habben Properties, LLLP, 2501 Crossroads Blvd., Albert Lea, MN LaCrosse Sign Co., Inc., 1450 Oak Forest Dr., Onalaska, WI John Nagle d/b/a Nagle Signs, Inc., 1020 Wilbur Ave., Waterloo, IA LaCrosse Sign Co., Inc., 1450 Oak Forest Dr., Onalaska, WI Plumber James Meyer d/b/a Champion Plumbing, LLC, 3670 Dodd Rd., Eagan, MN Tim Christenson d/b/a Christianson Plumbing & Heating, 312 W. Front Street, HiMEC, Inc., th Street NW, Rochester, MN David J. Kelley d/b/a Kelley Plumbing, Heating & Cooling, LLC, 923 S.Broadway, Richard Hanson d/b/a Albert Lea Mechanical, Inc., 905 E. 13th St., Dennis Bergstrom d//b/a Jim & Dude's Plumbing & Heating, 724 W. Clark St., Jack Rasmussen d/b/a Master Plumbing, County Road 46, Cigarettes Nelson's Market Place, 1619 W. Main Street, Jeff Elseth d/b/a Green Lea Golf Course, 101 Richway Dr., A-1 Liquor, 701 So. Broadway, Stop & Go Foodmart, 701 So. Broadway, Freeborn County Coop Oil Co., 1840 Margaretha Ave., Fireworks American Promotional Events, Inc. d/b/a TNT Fireworks, Tulsa, OK for fireworks at the Love's Travel Center parking lot, 2752 E. Main St., Melrose Pyrotechnics, Inc., 9405 River Road SE, Clear Lake, MN (Pyrotechnics) for the fireworks at the City Beach on Fountain Lake for the 4 th of July Tattoo Artist Joseph R. Wicklace d/b/a Satan's Den, 204 W. Clark St., Water Softener Installer L&R Water-Craft Corporation, 100 1st St, S.E., Wells, MN Exhibitions/Shows Dale Merriam d/b/a Merriam's Midway Shows, Ltd., Kinney Rd., Somerset, TX for the downtown Circus to be held on July 3 rd, 4 th & 5 th, 2009 at the North Broadway Parking Lot Theatre-II Cinema 7 theatre, 2510 North Bridge Avenue, Mechanical Amusement Devices-Distributor Michael Hawkins d/b/a D&R Star, Inc., 2207 Seventh Street NW, Rochester, MN

3 Refuse Hauler-Residential Thompson Sanitation, Inc., 108 N. Independence Ave., Clarks Grove, MN Refuse Hauler-Commercial Thompson Sanitation, Inc., 108 N. Independence Ave., Clarks Grove, MN MOTION: Move to approve the consent agenda as presented. Councilor Anderson moved that the consent agenda items be adopted as presented, and seconded by Councilor Baker. 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 Mrs. Lorene Olson, 2010 Grand Avenue: Responded to recent comments regarding Denny Olson s mowing bids for the City. She stated that the height of the grass often requires weed eating an entire yard instead of mowing it. She stated that there is also expensive damage to equipment due to debris in the yards. Mr. Bob Graham, 1336 Crestview Road: Encouraged community to get more involved with the Blue Zones Vitality Project. Please plan to attend another event on Thursday, June 25, 2009 at 6:30 p.m. at the Marion Ross Performing Arts Center with Dr. Leslie Lytle. The community development office and library staff can help anyone get registered on the Vitality Compass. 4. PETITIONS-REQUESTS-COMMUNICATIONS a. REQUEST FOR USE OF SONDERGARD PLAY PARK BUILDING YOUTH FOR CHRIST Mr. Rick Miller presented a request from Youth for Christ for the use of the Sondergard play park building for Kid s Club activities. They would like the use of the building, and fees waived, for approximately 1.5 hours on Thursday mornings throughout the summer months. Mr. Miller explained what this project involved, and he stated that everyone is welcome. This project is designed to build relationships with children. Councilor Brooks moved that the item be adopted as presented, 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. b. REQUEST TO EXENTEND NOISE PAST 11:00 p.m. SUNSET SADDLE CLUB, JULY 24 & AUGUST 28, 2009

4 City Manager Simonsen explained that the City has received a request from Troy Thompson with the Sunset Saddle Club for July 24 th & August 28 th, 2009 to extend the noise from their public announcement system past 11:00 p.m. at the Freeborn County Fairgrounds. They are anticipating to be finished close to this time, but would like an extension in case they run over the time limit. Councilor Rasmussen moved that the item be adopted as presented, seconded by Councilor Olson. 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. c. REQUEST TO REDUCE FEE FOR PYROTECHNIC DISPLAY CHAMBER OF COMMERCE Mr. Randy Kehr, 1719 Plainview Lane, Chamber Director, requested a reduction of the pyrotechnic fee, from $ to $ for the year of This was a significant increase from $25.00 the previous year. This would be a one- time reduction. City Manager Simonsen explained that the City adopted the new fee in the January 2009 Fee Schedule in the amount of $ There are several fire and police services that are required for this type of fireworks display, as well as extra street preparation and clean up, and the cost of the fee would offset these expenses. Motion was made by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Kehr, Anderson and Mayor Murtaugh. Nays: Councilors Olson and Brooks. Mayor Murtaugh declared the motion passed. d. REQUEST TO HOLD EVENT WITH DJ, AUGUST 1, 2009, 8:00 P.M. TO 12:00 MIDNIGHT City Manager Simonsen explained that the City received a request from Mike and Vicki Larson, 204 North Shore Avenue, for an annual block party for the purpose of raising money and food for the food shelf to be held on Saturday, August 1 st, 2009 from 8:00 p.m. to midnight at 204 North Shore Avenue with a DJ. Staff is recommending that the time for the DJ be allowed from 8:00-10:30 as this is being held in a residential area. This event has been held in the past with police officers having to respond twice due to noise complaints late in the evening. MOTION: Move to approve this request with the DJ ending at 10:30 p.m. Motion was made by Councilor Kehr, 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 Murtaugh. Councilor Rasmussen abstained. Mayor Murtaugh declared the motion passed.

5 e. REQUEST FOR USE OF MUNICIPAL WATER TOWER LOT BENEFIT TO BE HELD AT AMERICAN LEGION, JUNE 27, 2009 FROM 4:00 to 8:00 P.M. City Manager Simonsen explained that the City has received a request to use the City Water Tower Parking Lot behind the America Legion on Saturday, June 27, 2009 from 4:00-8:00 p.m. for youth activities in conjunction with a benefit for the Rick Kelly family. The Committee for this benefit has offered to clean up the alley behind the American Legion for the use of this parking lot. Staff can support this request. Motion was made by Councilor Anderson, seconded by Councilor Baker. 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. f. REQUEST FOR BONFIRE AT CITY BEACH JULY 24 TH PARK & RECREATION DEPARTMENT City Manager Simonsen explained that the City received a request from Park & Recreation Department to hold a Beach Luau with a recreational bonfire at the city beach on July 24 th, 2009 for one of their park programs. The bonfire would not exceed city code regarding size and location. Staff can support this request. Motion was made by Councilor Olson, seconded by Councilor Rasmussen. 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. g. REQUEST FOR POLICE OFFICER SERVICES DURING THE MAWD SUMMER TOUR, JUNE 26, 2009 City Manager Simonsen explained that the City received a request from the Shell Rock River Watershed District for the services of a Police Officer for their MAWD summer tour scheduled for June 26, They will have three charter buses making stops at the South Industrial Park Flood Mitigation Project on South Shore Drive and would like to have a squad car and officer present while the buses are loading and unloading. The times would be 8:50 a.m., 10:55 a.m. and 1:30 p.m.; each stop would be approximately 30 minutes. City Staff can support this request.

6 Motion was made by Councilor Baker, seconded by Councilor Brooks. 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 a. CITY ENGINEER UPDATE ON I&I PROJECT City Engineer Steven Jahnke presented an update on the Inflow and Infiltration Project that the City is conducting. This project involves 5366 homes, of which 2,423 have been cleaned and there are approximately 1,195 yet to be inspected. The majority of the 87 homes that failed the inspection have worked with the city to get this problem resolved. No action is needed at this time from the city council. This is informational only. 6. NEW BUSINESS a. PUBLIC HEARING REGARDING FORCE MAIN FROM CITY OF MANCHESTER (JOB 0803) City Manager Simonsen explained a Public Hearing was scheduled for 7:00 p.m. on June 22, 2009 to hear public input regarding the force main sewer system installation from the Bay Oaks area to Old Hwy 101. Mayor Murtaugh opened the public hearing. No one spoke to this issue, either for or against. Mayor Murtaugh called three times and then closed the public hearing. b. RESOLUTION AUTHORIZING SANITARY SEWER MAINTENANCE AGREEMENT WITH MANCHESTER City Manager Simonsen explained this resolution would authorize the Mayor and City Manager to enter into a Sanitary Sewer Maintenance Agreement with the City of Manchester. This item was brought to the City Council in October 2008, but was tabled until the project was closer to happening. The City of Manchester has requested that this agreement be placed on the agenda for approval. The Agreement has three main items: 1. The lift station in Manchester will have a SCADA system. This SCADA system will be connected to the City of Albert Lea s system. 2. The City will provide maintenance assistance and will complete Gopher State One Call locates along the force main from Manchester on a time and materials basis. 3. The agreement will be in effect for 40 years, unless either party gives at least two years notice. Resolution was introduced by Councilor Kehr, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said resolution: Councilors

7 Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the resolution passed. (See Secretary s Original Resolution included with these minutes) c. RESOLUTION ORDERING PREPARATION OF REPORT FRONT STREET BICYCLE LANE City Manager Simonsen explained that the city received a request from the Albert Lea/Blue Zones Biking Committee for establishing and marking the community s first bicycle lane on Front Street. This resolution would order the preparation of a report and would authorize the City Engineer to prepare a feasibility report for bicycle lane to be placed along Front Street. Resolution was introduced by Councilor Anderson, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the resolution passed. (See Secretary s Original Resolution included with these minutes) d. INTRODUCTORY ORDINANCE 122, 4d, REPEALING CITY CODE SECTION 30-1 AND ENACTING A NEW CITY CODE SECTION 30-1 RELATING TO THE MINNESOTA STATE FIRE CODE City Manager Simonsen explained that the Fire Department is requesting that the City adopt the current version of the Minnesota State Fire Code. The Minnesota State Fire Code adopts the 2006 International Fire Code by reference including Minnesota amendments. Adoption of this fire code will allow the City to continue local enforcement of fire safety requirements and national standards. The motion would further authorize a summary of the ordinance to be published. The second reading of the proposed Ordinance would be conducted at the July 13 th, 2009 meeting. It may be adopted at that time if council chooses. Ordinance 122, 4d 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 Murtaugh declared the resolution passed. (See Secretary s Original Ordinance 122, 4d included with these minutes) e. INTRODUCTORY ORDINANCE 123, 4d REPEALING CITY CODE CHAPTER BICYCLE REGISTRATION

8 City Manager Simonsen explained that City staff recommends that Chapter of the Albert Lea City Code regarding Bicycle Registration be repealed as it has not been implemented for many years and the state law regarding such has been repealed. The motion would further authorize staff to publish a summary of the ordinance. The second reading of the proposed ordinance to repeal bicycle registration would be set for July 13, 2009 at which time the council could adopt of the proposed ordinance. Ordinance 123,4d 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, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the resolution passed. (See Secretary s Original Ordinance 123, 4d included with these minutes) 7. MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates First Ward, Councilor Rasmussen reported: Attended the Blazing Star Trail meeting. Residents should contact the DNR in support of the Blazing Star Trail project and getting this moved forward. Responded to Mrs. Olson regarding her comments about mowing public property. This is a bidding process and he feel that she should raise the bid next year. Continue to encourage staff to stay on top of the Edgewater Project. The public should contact American Bank as they are the current owners. Second Ward, Councilor Baker reported: No committee updates. Attended Blue Zones Purpose workshops and encouraged everyone to attend other events. It is a wonderful program. Walking Moai Kick-off and over 300 people attended this Blue Zones event. Concerns about the flags and flag poles on Broadway rolling up. Please drive slowly around the park/playground areas. Third Ward, Councilor Kehr reported: Request to have the Police speed sign on 4 th Avenue on a regular basis. Encouraged everyone to become involved with the Blue Zones Program MnDOT is sponsoring a bicycle/pedestrian seminar and she will be attending. Reminder about July 4 th activities and requested everyone to get involved. Thanked Mrs. Olson for coming to Public Forum. Fourth Ward, Councilor Olson reported: Committee updates. Issue on Bridge Avenue with sump pump running into the street. Please remind city employees to use their seat belts. Will discuss sidewalk issue in his ward with the City Engineer. Thanked the Albert Lea CBA for running the Baseball Tournament this past week-end.

9 Fifth Ward, Councilor Anderson: Thanked staff for taking care of concerns in the ward. Committee updates Summer Block Tour. Attended the Norwegian Vosselag. Six Ward, Councilor Brooks: No committee updates. Request for Officers to monitor Margaretha from Elks to 8 th during soccer games. Requested an update on house on 8 th & Frank. Mayor Murtaugh: Attended the Norwegian Vosselag celebration. Over 300 Family Motor Coaches were in Albert Lea. Certificate of Recognition for 100 th Birthday for Lulu Westcott, St. John s Lutheran Home. House on Railroad Avenue is being remodeled S. Broadway house has been demolished. Grass complaints should be reported to the police non-emergency number or city hall number. Update on the North Shore Project from the City Engineer. b. City Manager s Response to Public Items Staff is working on signage to keep vehicles off cemetery trails. Driveways can be installed up to the property line. The Annual Union Pacific Railroad Operation Lifesaver will be held on Wednesday, July 1st, Contact City Manager s office if interested in riding the train. 8. ADJOURNMENT 8:25 P.M. Councilor Anderson moved and Councilor Kehr seconded that there being no further business, the council meeting be adjourned at 8:25 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, July 13, 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 June 23, Secretary of the Council Mayor Michael K. Murtaugh