Albert Lea, Minnesota September 14, 2009

Transcription

1 On Monday, September 14, 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, and Council Secretary Shirley Slater-Schulte. a. The Pledge of Allegiance was recited. *2. CONSENT AGENDA *a. *b. APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF AUGUST 24, 2009 & SPECIAL MEETING MINUTES OF SEPTEMBER 10, 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) 3.2 ON-SALE Albert Lea Thunder, 701 Chapeau Drive, Albert Lea, MN TATTOO ESTABLISHMENT Rebecca Martinson & Michale Lara d/b/a Mr. Mike & Rooster Insane Ink, 204 W. Clark Street CIGARETTES Trail's Travel Plaza, Inc. 820 Happy Trails Lane, Albert Lea, MN TATTOO ARTISTS Michale Lara, 201 N. 3rd Street, Keister, MN ARCADE AMUSEMENT Trail's Travel Plaza, Inc., 820 Happy Trails Lane, Albert Lea, MN MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION & LEASE Albert Lea Elks #813 at AM Hospitality Management, LLC, 2301 E. Main Street, Albert Lea

2 *d. *e. *f. *g. *h. *i. *j. RESOLUTION MINNESOTA LAWFUL GAMBLING PREMISES PERMIT & LEASE FOR ALBERT LEA ELKS #813 AT AM HOSPITALITY MANAGEMENT, LLC, 2301 E. MAIN STREET, ALBERT LEA REQUEST FOR 2009 COMMUNITY CANDLELIGHT VIGIL FOR DOMESTIC VIOLENCE AWARENESS - Change of Location from Gazebo to New Denmark Park, October 8, p.m. 8 p.m. RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS (Job 0319) :P.M. RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS (Job 0621) :P.M. RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS (Job 0625) :P.M RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS (Job 0907) :P.M. CALL A PUBLIC HEARING FOR SEPTEMBER 28, :P.M. FOR TRANSFER OF PROPERTY TO GREATER JOBS, INC. MOTION: Move to approve the consent agenda as amended. 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. 3. PUBLIC FORUM Rev. George Marin, 1311 S. 4 th Avenue, thanked the City Council for the use of the Freeborn Bank Building and Morin Park for past events. Encouraged the City Council not to make budget cuts to the Police Force. Mr. Harold Kamrath, 326 Glenn Road, requested that Police and Fire Pension Funds be used for street Improvements. Requested a copy of the proposed 2010 budget and that it be made available at the library. 4. PETITIONS-REQUESTS-COMMUNICATIONS a. REQUEST FOR PLACEMENT OF BENCH AT MEMORIAL PARK SCHULZ FAMILY Mr. Roger Schulz, 1318 Academy requested the city council s support to place a bench in memory of their wife/mother, Delores Schulz, in Memorial Park. The family would donate the bench in her honor. The city manager recommends the family work with the parks department on its location within the park, if approved. Councilor Brooks supports the request.

3 MOTION: Move to approve this request. Councilor Brooks moved, seconded by Councilor Anderson. 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 FROM UNITED WAY OF FREEBORN COUNTY TO HOLD: KEEP THE FIRES BURNING EVENT, 7 A.M. 2 P.M., FRIDAY, OCTOBER 2, City Manager Simonsen explained that Ann Austin, Executive Director, United Way of Freeborn County is requesting the city council s permission to hold the annual Keep the Fires Burning event from 7:00 a.m. to 2:00 p.m., Friday, October 2, The location would be at the corner of Bridge Avenue and Marshall Street. MOTION: Move to approve this request. Councilor Baker moved, seconded by Councilor Anderson. 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 INSTALL BLIND CHILD SIGN 800 BLOCK OF JEFFERSON City Manager Simonsen explained that Ms. Amanda Plaza, 828 Jefferson, is requesting a Blind Child sign be placed on the 800 block of Jefferson Street to accommodate the needs of their family member. Councilor Anderson supports the request. MOTION: Move to approve this request. Councilor Anderson moved, 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. d. REQUEST TO USE MORIN PARK SALVATION ARMY Captain Jim Brickson, Salvation Army, requested the city council s consideration of allowing the use of Morin Park overnight on October 16, 2009, for a Hunger and Homelessness Awareness opportunity called Ignore No More. This is an educational experience for the youth in this community. Captain Brickson would coordinate with the Parks Department to provide snow fencing, picnic tables, burn barrels and arranging for port-a-potties for the event. MOTION: I will move to approve this request. Councilor Baker moved, 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.

4 e. REQUEST FOR SUPPORT FOR LEGISLATION REDUCING GLOBAL WARMING MN ENVIRONMENTAL PARTNERSHIP Mayor Murtaugh explained that the city has received a letter requesting support for legislation reducing global warming from the MN Environmental Partnership. MOTION: I will move to approve this request. Councilor Kehr moved, seconded by Councilor Brooks. After some discussion and on roll call vote, the following councilors voted in favor of said motion: Councilors Kehr, Anderson and Mayor Murtaugh, those voting nay were Councilors Rasmussen, Baker, Olson and Brooks. Mayor Murtaugh declared the motion failed. 5. UNFINISHED BUSINESS a. ASSESSMENT ROLL 0108 CHADWICK PROPERTY TABLED FROM City Manager Simonsen explained that at the August 24, 2009 City Council meeting, a public hearing was held to receive input regarding Job 0108 involving the street and utility construction for Township Road 105. The project costs were held for future assessment in Resolution passed by city council on September 23, 2002 and are now due and payable. The city council voted to table action on this item until this meeting. Since that time, the owner of the property, Mr. John Chadwick, is requesting the city acquire the property in lieu of the assessments. City staff is requesting additional time to meet and discuss this proposal. MOTION: I will move to table for four (4) weeks. Councilor Bakers moved, 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. b. ORDINANCE 124,4d (2 nd Reading) AMENDING CHAPTER 54 OF THE CITY CODE SUBDIVISION ORDINANCE City Manager Simonsen explained that on August 18, 2009, the Albert Lea Planning Commission voted unanimously to recommend to the City council approval of an amendment to the Subdivision Ordinance by adding Section 129 (t) requiring that all subdivisions shall be designed with complete streets. Complete streets means a system that provides for auto, truck, pedestrian and alternate vehicle travel including bicycles, scooters, wheelchairs and other transportation devices. The section further describes details of the systems. A second reading of the ordinance is required prior to adoption. It is requested that a summary of the ordinance be published, if approved.

5 Ordinance 124,4d was introduced by Councilor Baker, seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said ordinance: Councilors Murtaugh declared Ordinance 124,4d (2nd Reading) passed. c. ORDINANCE 126,4d (2 nd Reading) - AMENDING ORDINANCE 1-13 GENERAL PENALTY PROVISIONS City Manager Simonsen explained that this is the second reading of an amendment to Ordinance 1-13 pertaining to penalty provisions in the city code. In 2000, the maximum fine for a misdemeanor increased from $700 to $1,000 and from $200 to $300 for petty misdemeanors. It is recommended that the city code reflect this law change and be up to date with state law. It is requested that a summary of the ordinance be published, if approved. Ordinance 126,4d was introduced by Councilor Brooks, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said ordinance: Mayor Murtaugh declared Ordinance 126,4d (2 st Reading) passed. 6. NEW BUSINESS PUBLIC HEARING FOR ORDINANCE 127,3d (1 st CHAPTER 22 TATTOO ORDINANCE Reading) AMENDING City Manager Simonsen explained that this is the first reading and public hearing regarding the amendment of Chapter 22 of City Code pertaining to the Tattoo Ordinance. The proposed ordinance extends the regulations and licensing requirements to pertain not only to the business of tattooing, but also body piercing, body branding and body scarification. The ordinance outlines the necessity of a license application, application review and investigation by the police department. It further describes the restrictions regarding the location of the practice, the conditions of the license, health and sanitation requirements and penalties for breaking the code. A second reading of the ordinance will occur at the September 28, 2009 City Council meeting. The existing licensed tattoo establishments have been provided with a copy of the proposed changes and notified of the public hearing. Mayor Murtaugh opened the public hearing. Mr. Michael Lara, 204 W. Clark Street, addressed some issues in the proposed ordinance and requested that the Tattoo Shops be allowed to be open until 1 or 2 a.m. on Friday and Saturday Evenings.

6 Mr. Joe Wicklace, 619 West Clark Street, stated that the proposed ordinance should address hard surface floors, allow no carpets, clip cord covers are needed for lights/machines, should not be allowed to tattoo anyone under 18 years of age, disposable tubes vs. sterilizing equipment, gloves should be required and disposable paper towels not cloth. Shops should be allowed to stay open until midnight on weekends. Mayor Murtaugh called three times and then closed the public hearing. MOTION: Motion to send this ordinance and recommendations back to the City Attorney for review. Motion was introduced by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilors Murtaugh declared motion passed. b. PUBLIC HEARING AND RESOLUTION ADOPTING THE PROPOSED ASSESSMENTS FOR THE PARKING MAINTENANCE DISTRICT City Manager Simonsen explained that this resolution would adopt the 2009 Parking Maintenance District Assessments as presented to city council. The purpose of the parking maintenance district is to provide a revenue stream for the maintenance, staffing, financing and providing other functions that are necessary for proper maintenance of the downtown parking improvements and public facilities. Assessments are based on a per square foot basis for each lot as a general benefit, minus $50 per stall for privately-owned and improved off-street parking stalls open during normal business hours for customer parking. The parking maintenance district previously consisted of multiple zones which were assessed at different rates. The council revised that in November 2008 for assessments to be adopted this year. All properties within the district are now charged at the same rate. Assessments for this year include costs of the district from August 1, 2008 through July 31, The total assessable costs for 2009 are $36,299; compared to $36,366 the previous year Mayor Murtaugh opened the public hearing. Mr. Harold Kamrath, 316 Glenn Road, stated the he provides more than two (2) parking spaces behind his building located at 125 E. Clark Street and is requesting more credits for parking spaces. Mayor Murtaugh called three times and then closed the public hearing.

7 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 c. RESOLUTION APPROVING PROPOSED 2010 TAX LEVY City Manager Simonsen explained that this resolution would authorize Minnesota municipalities are required to establish a proposed tax levy for the following year by September 15 th of each year. This resolution would establish the proposed tax levy for 2010 at $5,095,275. This levy would include expenses to operate the General Fund, Public Improvement Revenue (PIR) Bond Debt Service and Capital Improvement Bond Debt Service. This resolution would set the highest taxable rate that the City may levy. After conducting public hearings on the 2010 proposed budget, the City Council may chose to lower the levy. The levy is traditionally adopted at the highest rate possible within the proposed budget until the final budget decisions have been made. The proposed budget would result in an estimated annual city tax of $373 to a home valued at $100,000. Resolution was introduced by Councilor Rasmussen, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Kehr, Olson and Anderson. Councilor Brooks and Mayor Murtaugh voted nay. (See Secretary s Original Resolution d. RESOLUTION SETTING DATES TO RECEIVE PUBLIC INPUT ON 2010 ANNUAL BUDGET City Manager Simonsen explained that the law requires that before Sept 15, at a regularly scheduled meeting at which the council adopts a proposed budget and tax levy, the council must also announce the time and place of the council meeting at which the budget and levy will be discussed and a final budget and levy will be determined. This meeting must occur at or after 6 p.m. and after November 24, Cities have until December 28, 2009 to certify a final levy to the county. This resolution sets the public input and adoption of the final budget and levy for December 14, 2009, at the regular city council meeting.

8 Resolution was introduced by Councilor Anderson seconded by Councilor Kehr. On roll call vote, the following councilors voted in favor of said resolution: Councilors Murtaugh declared the resolution passed. (See Secretary s Original Resolution e. RESOLUTION AUTHORIZING TERMINATION OF COLLECTION OF TAX INCREMENTS FROM TAX INCREMENT FINANCING DISTRICT NO. 5-8 (Northpark) City Manager Simonsen explained that this resolution would authorize Tax Increment Financing District 5-8 was created in The city paid $140,000 in redevelopment costs primarily for the area where Cafourek & Associates and Ben s Floral are located. The district, when originally established, was not required to be decertified until December The tax increment received to date has exceeded the original estimates. All redevelopment costs paid by the city have been repaid, and this district can be decertified early. This district will actually receive excess increment with the 2 nd half tax payment in December At that time, the excess increment will be returned to the county and redistributed to the school, county, and city as required by law. This resolution will decertify TIF District 5-8 effective December 31, Resolution was introduced by Councilor Baker, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution Included with these minutes) f. RESOLUTION APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD CARRINGTON COMPANIES City Manager Simonsen explained that this resolution would this resolution would approve an administrative survey which combines 0.9 acres of Lot 4, Block 1, with Lot 3, Block 1 to form Tract A in the Northbridge Subdivision and incorporated into the shopping center property. This leaves a rectangular lot of 4.9 acres (Tract B) between Hershey Street and Sykes Street as a separate buildable lot.

9 Resolution was approved by Councilor Anderson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution Included with these minutes) g. RESOLUTION APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD JARED DAWSON/SUMMER DALE 2 ND ADDITION City Manager Simonsen explained that this resolution would this resolution would approve two administrative surveys on the Hale Drive cul-de-sac. One survey divides a 0.01 acre parcel from former Lot 7, block 1 Summer Dale Second Addition and adds it to Lot 6, Block 1, Summer Dale second Addition. The second survey takes a 0.08 remnant from Lot 2, Block 2 and adds it to Lot 3, Block 2, Summer Dale Second Addition. Resolution was introduced by Councilor Rasmussen, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution Included with these minutes) h. RESOLUTION APPROVING PROFESSIONAL SERVICE CONTRACT WITH JONES HAUGH & SMITH (Job 0909) City Manager Simonsen explained that this resolution would this resolution would approve a professional services contract with Jones Haugh & Smith for the engineering services associated with the design and construction of 777 th Avenue, east of Love s Travel Plaza. Two firms submitted proposals (JHS and Bonnestro & Associates, Rochester) with the local firm bidding over $40,000 less for the proposed services. The cost of the contract is $129,040, and will be reimbursed by the Albert Lea Economic Development Agency. Resolution was introduced by Councilor Kehr, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution Included with these minutes)

10 I. RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH SHELL ROCK RIVER WATERSHED DISTRICT FOR FISH BARRIER ON BRIDGE AVENUE DAM City Manager Simonsen explained that this resolution would authorize the mayor and city manager to enter into a joint powers agreement with the Shell Rock River Watershed District to place and have access to a Resolution was introduced by Councilor Anderson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution j. RESOLUTION ALBERT LEA TOWNSHIP AND THE CITY OF ALBERT LEA DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE MUNICIPAL BOUNDARY ADJUSTMENTS OFFICE OF THE OFFICE OF ADMINISTRATIVE HEARINGS (Billy L & Diane L. Swearingen th ) City Manager Simonsen explained that this resolution would authorize the submittal of the necessary paperwork to support the joint orderly annexation of approximately 9.99 acres of land located at th St., (west of Pro Trucking/Pro Manufacturing on E. Main Street) as legally described in the resolution. Billy and Diane Swearingen have petitioned to annex the property into the city limits of Albert Lea. City officials and Albert Lea Township supervisors have met and discussed the annexation and have agreed to the joint orderly annexation and the payment to the township equivalent to five years of property taxes on the property. Resolution was introduced by Councilor Anderson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution

11 k. RESOLUTION ALBERT LEA TOWNSHIP AND THE CITY OF ALBERT LEA DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE MUNICIPAL BOUNDARY ADJUSTMENTS OFFICE OF THE OFFICE OF ADMINISTRATIVE HEARINGS (George Dress Property Sunset St.) City Manager Simonsen explained that this resolution would authorize the submittal of a request for joint orderly annexation of approximately acres of land located in the Albert Lea Township east of Chapeau Shores and west of Highway 13, and legally described in the resolution. The City of Albert Lea is the current owner of the property and is requesting to have it annexed into the city limits. City officials and Albert Lea Township supervisors have met and discussed the annexation and have agreed to the joint orderly annexation of this area and to payment to the township equivalent to five years of property taxes on the property. Resolution was introduced by Councilor Kehr, 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 l. RESOLUTION ALBERT LEA TOWNSHIP AND THE CITY OF ALBERT LEA DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE MUNICIPAL BOUNDARY ADJUSTMENTS OFFICE OF THE OFFICE OF ADMINISTRATIVE HEARINGS (Nicole Christiansen 2390 SE Marshall) City Manager Simonsen explained that this resolution would authorize the submittal of the necessary paperwork to support the joint orderly annexation of approximately 1.45 acres of land located at 2390 Se Marshall, as legally described in the resolution. Nicole Christiansen has petitioned to annex the property into the city limits of Albert Lea. City Officials and Albert Lea Township supervisors have met and discussed the annexation and have agreed to the joint orderly annexation and the payment to the township equivalent to five years of property taxes on the property. Resolution was introduced by Councilor Anderson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: (See Secretary s Original Resolution

12 M. CALL PUBLIC HEARING FOR SEPTEMBER 28, 2009, 7: P.M. COUNCIL CHAMBERS FOR TRANSFER OF LOT 1, BLOCK 3, ALBERT LEA INDUSTRIAL PARK TO GREATER JOBS City Manager Simonsen explained that a Public Hearing be called for September 28, 2009 at 7 p.m. to hear public input regarding the transfer of Lot 1, Block 3, Albert Lea Industrial Park to Greater Jobs. MOTION: I will move to approve this request. Motion was introduced by Councilor Brooks, seconded by Council Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Murtaugh declared the resolution passed. N. REQUEST FROM ANN BROITZMAN FOR SEWER ASSESSMENT City Manager Simonsen explained that the City received a letter from Ann Broitzman requesting that the cost of here assessment for replacement of the sewer line and driveway be assessment over 15 years. City staff recommended that the assessment be assessed over 10 years. MOTION: Move to approve the request and allow the assessments to be placed on the taxes over a 15 year period. Motion was introduced by Councilor Olson, seconded by Councilor Brooks On roll call vote, the following councilors voted in favor of said resolution: Councilors Murtaugh declared the resolution passed. 7. MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates Mayor Murtaugh reported on the following: Mayor Murtaugh read the PROCLAMATION OF CONSTITUTION WEEK, SEPTEMBER 17-23, First Ward, Councilor Rasmussen reported: Committee Updates Update on Port Authority Spec. Building Noise complaint regarding Aragon Street Dance

13 Second Ward, Councilor Baker reported: Committee Updates Ward Items Thank you from children and residents using Oak Circle Park Third Ward, Councilor Kehr reported: Committee Updates. Ward Items Report on Blue Zones Fourth Ward, Councilor Olson reported: Ward Items Check timing of lights at Bridge & Hawthorne Fifth Ward, Councilor Anderson: Ward Items Attended Pie Truesdale Events Visited the Blue Zones Booth Six Ward, Councilor Brooks: Committee updates Ward Items Mayor Murtaugh Thanked the council for handling the meetings while he was on vacation Letter writing campaign continues for Blue Zones Albert Lea Thunder Opener 911 Remembrance Event at the Moose Report on 2010 Census Edgewater park Road will open next spring Freeborn County League of Cities meeting date and time b. City Manager s Response to Public Items Reported on Frank & 8th Oakwood Terrace 8. ADJOURNMENT 9:25 P.M. Councilor Baker moved and Councilor Brooks seconded that there being no further business, the council meeting be adjourned at 9.25 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, September 28, On roll call vote, all councilors voted in favor of said motion. Mayor Murtaugh declared the motion passed and the meeting adjourned. Mayor Michael K. Murtaugh Filed and attested September 15, 2009 Secretary to the Council