Albert Lea, Minnesota August 23, 2010

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1 On Monday, August 23, 2010 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 CALL TO ORDER AND ROLL CALL PRESENT: Mayor Michael K. Murtaugh, Councilors: Vern Rasmussen, Larry Baker, Ellen Kehr, Reid Olson, Larry Anderson, and Al Brooks, City Manager James E. Norman, City Clerk Shirley Slater- Schulte, City Engineer Steve Jahnke, representative of the Albert Lea Tribune. CONSENT AGENDA *a. APPROVAL OF MINUTES FROM THE WORKSESSION OF AUGUST 5 TH & REGULAR MEETING OF AUUST 9, 2010, SPECIAL CLOSED SESSION OF AUGUST 9, 2010 AND CANVASS BOARD MINUTES OF AUGUST 12, *b. RESOLUTION APPROVING CLAIMS August 23,2010 *c. LICENSES AND PERMITS ANNUAL LICENSE(s) ON-SALE INTOXICATING LIQUOR Albert Lea Moose Lodge, 1623 W. Main Street, Albert Lea, MN Holiday Lane, 522 Prospect Avenue, Albert Lea, MN Wedgewood Cove Golf Club, 2200 W 9th Street, Albert Lea, MN Casa Zamora, 2006 E. Main Street, Albert Lea, MN America's Best Value Inn, 2306 E. Main Street, Albert Lea, MN South Side Pub, 1119 S. Broadway Avenue, Albert Lea, MN Aragon Bar, 130 W. College Street, Albert Lea, MN SUNDAY ON-SALE INTOXICATING LIQUOR Holiday Lane, 522 Prospect Avenue, Albert Lea, MN Wedgewood Cove Golf Club, 2200 W 9th Street, Albert Lea, MN Casa Zamora, 2006 E. Main Street, Albert Lea, MN America's Best Value Inn, 2306 E. Main Street, Albert Lea, MN American Legion 56 d/b/a Leo Carey Post, 142 North Broadway, Albert Lea, MN OFF SALE INTOXICATING LIQUOR Liquor Deport, 606 South Broadway Avenue, Albert Lea, MN HyVee Wine & Spirits, 2708 Bridge Avenue, Albert Lea, MN MECHANICAL AMUSEMENT DEVICES Shell Rock Food & Beverage, d/b/a Green Mill, 2218 E. Main, Albert Lea, MN Albert Lea Moose Lodge, 1623 W. Main Street, Albert Lea, MN American Motel, 811 E. Plaza Street, Albert Lea, MN Aragon Bar, 130 W. College Street, Albert Lea, MN

2 I CABARET Albert Lea Moose Lodge, 1623 W. Main Street, Albert Lea, MN Wedgewood Cove Golf Club, 2200 W 9th Street, Albert Lea, MN American Legion 56 d/b/a Leo Carey Post, 142 North Broadway, Albert Lea, MN PLUMBER Tonna Mechanical, Inc, thStreet NW, Rochester, MN All Service Plumbing, 201 S. Central Avenue, Duluth, MN Jensen Heating, Air Conditioning & Plumbing, 104 Central Avenue N., Geneva, MN SIGN HANGER Waitt Outdoor, LLC, 4725 'F' Street, Omaha, NE On Sale Pizza Hut, 1725 East Main, Albert Lea, MN CLUB American Legion 56 d/b/a Leo Carey Post, 142 North Broadway, Albert Lea, MN S.O.B. Aragon Bar, 130 W. College Street, Albert Lea, MN MOTION: Move to approve the consent agenda as amended by adding Item 4c, 4d, 4e and 6h. Councilor Brooks 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 Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. PUBLIC FORUM No one was present at Public Forum. PETITIONS-REQUESTS-COMMUNICATIONS REQUEST FOR STREET DANCE FOR MOOSE CLUB, WEST MAIN, SEPTEMBER 11, 2010 City Manager Norman received a request from the Moose Club for a dance permit until midnight on September 11, 2010 with liquor to be served in the parking lot outside of the Moose Club. Snow fence and barricades will be borrowed from the city. A special presentation will also be held on September 11 at the Moose Club. They have asked if City Council members would like to help serve dinner. MOTION: I will move to grant this request. 2

3 Councilor Brooks moved that the consent agenda items 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. REQUEST FOR LETTER OF SUPPORT FROM SHELL ROCK RIVER WATERSHED City Manager Norman explained that a request has been received from Shell Rock River Watershed District for a Letter of Support from the City of Albert Lea for a grant application for $2.7 million in funding from the Lessard-Sams Outdoor Heritage Council. This state funding would finance acquisition of property for the outlet of Albert Lea Lake and a portion of Shell Rock River, and assist with ongoing lake management, habitat and wildlife restoration. Staff supports this letter. Mr. Andy Henschel, Representative from the Shell Rock River Watershed explained what this grant would cover and gave updates to the council. MOTION: I will move to grant this request for a Letter of Support. 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 Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. REQUEST FOR STREET FUNDRAISING EFFORTS, WEST MAIN, AUGUST 25, 26 & 27, 2010 City Manager Norman explained that the Albert Lea Fire Department MDA fill the boot fundraising event is normally held during the July 3rd parade. MDA is promoting nationwide that the fundraising event go back to its roots of being on the street, therefore the department is requesting permission to do the Albert Lea Fire Department s fill the boot on Aug 25,26,27 during the hours of 3pm - 6pm at Main & Broadway. MOTION: I will move to grant 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. REQUEST TO WAIVE LANDFILL FEES FOR LAKE CLEANUP, AUGUST 21, 2010 City Manager Norman explained that the City has received a request from the Lakes Restoration Committee to waive landfill fees for the lake cleanup effort recently held on Saturday, August 21, The debris from the cleanup efforts has already been delivered to 3

4 the landfill and the committee is requesting that the fees be waived. City staff has no objections to allowing the request. MOTION: I will move to grant this request. Councilor Rasmussen moved that the consent agenda items be adopted as presented, 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. REQUEST FOR LIVE MUSIC AT 1501 BLAKE AVENUE, SEPTEMBER 18, 2010 City Manager Norman explained that the City has received a request from Kevin Blake, 1501 Blake Avenue, for a private party on private property the evening of Saturday, September 18 th, 2010 from 7:00 p.m. to 12:00 midnight. Neighbors have been contacted with no issues noted. MOTION: I will move to grant this request. Councilor Anderson moved that the consent agenda items be adopted as presented, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Councilors Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Councilor Rasmussen and Baker voted nay. Mayor Murtaugh declared the motion passed. NEW BUSINESS PUBLIC HEARING AND RESOLUTION ADOPTING MISCELLANEOUS ASSESSMENT ROLL #80 City Manager Norman explained that a public hearing is being held to receive input regarding proposed assessment roll 0080, involving assessments for unpaid utility bills and other miscellaneous charges. The property owners have been notified about the public hearing. The assessments are due and payable in a single installment and shall bear interest at the rate of 4.75 percent per annum unless paid in full. Public Hearing was opened by Mayor Murtaugh. Mr. Steve Okagbare, Meadow Ridge, Elko, MN 55020, owner of 332 South Broadway, requested that the assessment for snow plowing be forgiven in the amount of $ He was not aware that he was responsible for the clearing of the sidewalks. Mayor Murtaugh called three times and then closed the public hearing. MOTION: I will move to adopt the Miscellaneous Assessment Roll #80 with exception of 332 South Broadway, parcel which we will refer back to staff for review. Motion was introduced by Councilor Brooks, seconded by Councilor Baker. On roll call vote, the Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. 4

5 (See Secretary's Original Resolution PUBLIC HEARING AND RESOLUTION RESOLUTION ADOPTING MISCELLANEOUS ASSESSMENT ROLL #82 City Manager Norman explained that a public hearing is being held to receive input regarding proposed assessment roll 0082, involving assessments for unpaid utility bills and other miscellaneous charges. This assessment is payable over five years for replacement of sewer line. The property owners have been notified about the public hearing. The assessments are due and payable in a single installment and shall bear interest at the rate of 4.75 percent per annum unless paid in full within thirty days. Mayor Murtaugh opened the public hearing. No one was present for this public hearing. Mayor Murtaugh called three times and then closed the public hearing. Motion was introduced by Councilor Kehr, seconded by Councilor Brooks. On roll call vote, the Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. (See Secretary's Original Resolution RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CITY OF ALBERT LEA ARENA REROOF City Manager Norman explained that Schultz Builders, Utica, MN was the lowest bid but has requested that they be permitted to withdraw their bid due to errors within the bid, without penalty. It appears that the second lowest bidder is All Weather Roofing, Austin, MN in the amount of $115,094 for the base bid and Alternate 1 in the amount of $48, which includes metal shingles. Insurance should cover the base bid of $115,094. Staff supports this recommendation. MOTION: I will move to allow Schultz Builders, Utica, MN to withdraw their bid without penalty and to accept the bid and award the contract for the Arena Reroof to All Weather Roofing, Austin, MN, for the base bid of $115, and Alternate 1 bid of $48, which includes metal shingles. Also to direct staff to ask the contractor to not do a complete removal of the old asphalt shingles, as with this type of steel shingle, removal is not required and this would be a cost savings to this alternate bid. 5

6 Motion was introduced by Councilor Olson, seconded by Councilor Baker. On roll call vote, the (See Secretary's Original Resolution RESOLUTION APPROVING SUMMERDALE TOWNHOMES THIRD SUBDIVISION City Manager Norman explained that the proposed Summerdale Townhomes Third Subdivision is a replat of Lot 5, Block 2, Summer Dale Second Addition and Lots 3, 4, 5, and 6, Summer Dale Addition, to create eight lots for twin homes as provided for in the R-1 District of the Zoning Ordinance and Chapter 54 of the City Code (Subdivision Ordinance). Each twin home will be split between two lots resulting in four buildings and eight living units. The fee for payment in lieu of parkland dedication has not been paid through previous platting and therefore payment is required prior to the plat being signed by the City Clerk and recorded with Freeborn County. In addition, each living unit will pay $1,800 in sanitary sewer and water development fees, or a total of $3,600 per structure. Other building permit fees and street opening fees will also apply. Motion was introduced by Councilor Baker, seconded by Councilor Rasmussen. On roll call vote, the (See Secretary's Original Resolution RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SUMMERDALE TOWNHOMES THIRD SUBDIVISION City Manager Norman explained the conditional use permit for Summerdale Townhomes Third Subdivision allows the developer to build for sale twin homes on individual lots within the R-1 district. The conditional use permit shall be recorded with the Plat. Motion was introduced by Councilor Baker, seconded by Councilor Rasmussen. On roll call vote, the (See Secretary's Original Resolution RESOLUTION ACKNOWLEDGING MUNICIPAL BOUNDARY ADJUSTMENT 770 TH PROPERTIES City Manager Norman explained that this resolution acknowledges that annexation has been accepted and approved by the Municipal Boundary Adjustment Office. 6

7 Motion was introduced by Councilor Anderson, seconded by Councilor Brooks. On roll call vote, the Anderson and Mayor Murtaugh. Mayor Murtaugh declared the resolution passed. (See Secretary's Original Resolution RESOLUTION AMENDING PROFESSIONAL AGREEMENT WITH MEAD & HUNT TASK ORDER #17 (JOB 1015) City Manager Norman explained that the in April 2005, the City entered into a Professional Services Agreement with Mead & Hunt, Inc. This resolution would amend that agreement to include Task Order #17. The order involves construction administrative services for converting the existing Runway to a taxiway with paved shoulders, turn-arounds on Runway 4-22, 8 foot high safety and wildlife fencing, and runway safety area grading. The specific breakdown of each task order is included in the resolution. The agreement is contingent on receipt of federal funds. Motion was introduced by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the (See Secretary's Original Resolution RESOLUTION CONSIDER ADVOCACY FOR TIGER II GRANT APPLICATION City Manager Norman explained that the City of Albert Lea has an application for Transportation Investment Generating Economic Recovery (TIGER II) funding. The application is part of a Minnesota Department of Transportation application to the federal government along with six other communities statewide. The TIGER II request is for $10,720,000 (total project cost is $13,400,000 and a $2.68 million City of Albert Lea participation for 20% match). The grant could fund a major reconstruction of North Broadway and build a parking ramp immediately east of the former Freeborn Bank building. Since this is a wonderful opportunity for funding of a much needed Broadway streetscape project, and also makes the proposal to the Albert Lea Medical Center financially feasible, staff proposed engaging an advocacy consultant and arranging a delegation visit to Washington, D.C. to meet with key players in the decision making chain during a worksession held on August 19, and Council directed the item be added to the Council agenda. Staff has discussed advocacy services with James C. Erickson of the Solomon Group, Minneapolis, Minnesota and a letter of engagement is attached to the agenda for review. Motion was introduced by Councilor Kehr, seconded by Councilor Rasmussen. On roll call vote, the (See Secretary's Original Resolution

8 ADVOCACY FOR TIGER II GRANT APPLICATION MOTION: I will move to grant this request for a Letter of Support. Councilor Baker moved that the consent agenda items 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. APPOINTMENT TO HUMAN RIGHTS COMMISSION Mayor Murtaugh explained that an application has been received from Jennifer Sorlie, 1910 Keystone, Albert Lea for appointment to the Human Rights Commission. Mayor Murtaugh stated that Ms. Sorlie has been a teacher since 2002 and is very qualified for this position. MOTION: I will move to appoint Jennifer Sorlie to the Human Rights Commission. Motion was made by Councilor Kehr, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilor Rasmussen, Baker, Kehr, Olson, Anderson, Brooks and Mayor Murtaugh. Mayor Murtaugh declared the motion passed. MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates First Ward, Councilor Rasmussen reported: Committee updates Ward Items Thanked the American Legion for all of their events Shinefest Visit the Freeborn County Museum Second Ward, Councilor Baker reported: Committee updates No Ward Items Third Ward, Councilor Kehr No Committee Updates Ward items Fourth Ward, Councilor Olson reported: No Committee updates Ward Items Fifth Ward, Councilor Anderson reported: Committee updates Ward Items Thanked everyone who was involved in Shinefest Campaign signs are not to be place in the right of way Upcoming American Legion Legacy Ride 500 Riders 8

9 Six Ward, Councilor Brooks reported: No Committee updates Ward Items James Avenue 9 th Street Parking 5 th Street Reconstruction 2011 Budget Mayor Murtaugh s Report: Thanked the community for all of their support to his family during the illness and death of his wife, Geri. Attended meetings last week with and cell phones. Thanked Councilor Brooks for filling in his absence. City Manager s Response to Public Items: Special Meeting with Albert Lea Medical Center Joint Meeting with County/City Officials scheduled for September 15, 2010 Albert Lea Port Authority tentative meeting for October, 2010 ADJOURNMENT 8:10 p.m. Councilor Olson moved and Councilor Baker seconded that there being no further business, the council meeting be adjourned at 8:10 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, September 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 August Secretary of the Council Mayor Michael K. Murtaugh 9