The
regular meeting of the Albert Lea City Council was called to order at
ROLL CALL
Present
were Councilors Vern Rasmussen, Randy Erdman,
The Pledge of Allegiance was recited.
WELCOME
CONSENT AGENDA
(a)
APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF
(b)
RESOLUTION 05-219 ADOPTED – APPROVING LAWFUL GAMBLING PREMISES
PERMIT RENEWAL: Resolution
05-219 approves the lawful gambling premises permit renewal for the Moose Lodge,
(See
Secretary's Original Resolution
05-219
included with these minutes.)
(c)
LICENSES APPROVED:
CIGARETTE
Shell Food Mart,
SIGN HANGER
TicToc Digital Printing Plus,
(d)
RESOLUTION 05-220 ADOPTED –
RELEASING SANITARY SEWER EASEMENT FOR 1205 CRESTVIEW:
Resolution 05-220 approves
the release of a sanitary sewer easement
for
(See
Secretary's Original Resolution
05-220
included with these minutes.)
(e)
RESOLUTION 05-221 ADOPTED –
CLAIMS: Resolution
05-221 presents the financial claims of the City.
(See
Secretary's Original Resolution
05-221
included with these minutes.)
Councilor
Brooks
moved, Councilor Rasmussen
seconded, that the consent agenda items be
adopted. On roll call vote, all
councilors voted in favor of said motion.
FOLLOW-UP
TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
-
A request was made to run the street sweeper through the parking lot adjacent to the
-
A report of dumpsters on the street on Botsford and Clark. These were removed. She noted that City ordinance prohibits dumpsters on the street and that staff will contact companies providing this service and remind them of the ordinance.
-
A request for a street light at Regency Lane and Gateway was received. City policy states that no light will be placed within 300 feet of another. She noted that three lights are within 300 feet of that corner.
-
A request was received to review the mowing policy. Staff has discussed this and will be bringing a proposal for changes to the Council.
-
A question was raised regarding curfew requirements. The Council has been provided with a copy of the ordinance and Ms. Simonsen will discuss this with anyone interested.
-
A question was raised about funding for
ADDITIONS
TO AGENDA
Item 7-a Calling a special meeting for the canvass of the special election results
Item 8-e Resolution supporting bonding request
PUBLIC
ITEMS
Warren
Stowell, 1408 South Broadway, asked to speak on the utility fees.
Doug
Lind,
Nick
Santee,
City Manager Simonsen explained that the site has been named the Blazing Star Landing and that there is a committee that meets at least monthly. She suggested that perhaps someone from the troop could meet with that committee.
Roger
Bok,
Mr. Bok then questioned the City’s policy on mowing. Ms. Simonsen explained that at the beginning of the season a property owner is notified by letter and if the property is not mowed within 14 days, the City mows it and sends the property owner a bill. The City charges $75 for the mowing and explained that it is set that high because the City doesn’t want to mow private property. The City will then continue to mow the property through the remainder of the season and will bill the owner. Mr. Bok said that the City is required to send a registered letter to the property owner and the grass must be mowed at six inches. This policy was set at his suggestion.
Mr.
Bok asked why the City tanker trucks were in Hollandale over the weekend.
City Attorney Schwab explained that City Code Section 70-1 deals with grass and other vegetation. The section specifically states that weeds and vegetation must be mowed when it reaches a maximum height of nine inches and that the City sends one courtesy notice per season.
Matt
Benda, a local attorney, stated that he wishes to speak in opposition to an
ordinance for utility fees and asked whether this is the appropriate time to do
so.
APPLICATIONS
OF
City
Manager Simonsen reported that this is a public hearing to receive citizen input
for the issuance of an on-sale and Sunday on-sale intoxicating liquor license to
Holiday Lanes,
There
was no public comment. Councilor
Fjelstad moved, Councilor Severtson seconded, that the applications of the
Holiday Lanes for the liquor licenses be approved.
On roll call vote, all Councilors voted in favor of said motion.
STORM
WATER AND PUBLIC LIGHTING UTILITIES – PUBLIC HEARING
Warren
Stowell 1408 South Broadway, reported that he owns a business at
Steve
Dietrich,
Matt
Benda,
Milt
Ost,
Mike
Murtaugh,
FAMILY SERVICES COLLABORATIVE UPDATE
Alice
Englin of Family Services Collaborative updated the Council on activities of the
collaborative in an effort to raise awareness and share positive outcomes from
families through the collaborative.
PERMANENT
STOP SIGNS AT JOHNSON AND
City
Manager Simonsen reported that on September 28, the Police Department and Park
Department hosted a neighborhood meeting for citizens that live near the city
beach and the skate park. One of the
requests made by this group was to permanently install the stop signs at Johnson
and
After
Council discussion, Councilor Fjelstad moved, Councilor Marin seconded, that the
stop signs stay at this intersection on a permanent basis.
On roll call vote, all Councilors voted in favor of said motion.
RESOLUTION 05-222
ADOPTED – APPROVING PARTICIPATION IN SHELL ROCK RIVER WATERSHED DISTRICT
AERATION PROJECT
Andy Henschel, Freeborn County Environmental Services and Watershed District representative, requested the City participate in the Shell Rock River Watershed District aeration project. He explained that the Department of Natural Resources has approved a permit for installation of the aerators. The Watershed District will pay for the aerators and will pay to run the electric line. They are requesting the use of electrical hookups at the old wastewater treatment plant to operate the aerators and are asking the City to cover the electrical cost of running the aerators in emergency situations. He estimated these costs to range from $140 to $700 per season.
After
Council discussion, Councilor Erdman moved, Councilor Rasmussen seconded, that
City participation in the Shell Rock River Watershed District aeration project
as outlined by Mr. Henschel be approved. On
roll call vote, all Councilors voted in favor of said motion.
(See
Secretary's Original Resolution
05-222
included with these minutes.)
SPECIAL
MEETING TO CANVASS SPECIAL ELECTION RESULTS CALLED
City Manager Simonsen explained that it is necessary to call a special Council meeting to canvass the results of the special election. She recommended November 9 at 12:00 noon.
Councilor
Erdman moved, Councilor Marin seconded, that a special meeting to canvass the
results of the special election be called for November 9, 2005 at 12:00 noon.
On roll call vote, all Councilors voted in favor of said motion.
RESOLUTION
05-223 ADOPTED – AUTHORIZING USE OF VEHICLES – OYER TRUCKING
Ms.
Simonsen reported that Ordean Oyer has requested permission to rent the City of
At
the request of Councilor Marin,
Councilor Fjelstad moved, Councilor Brooks seconded, that rental of the vehicles to Oyer Trucking be approved.
Matt Benda, representing MW Truck LLC, informed the Council that his client had the second low bid for the project. He explained that they are concerned over bidding and contract irregularities. He is intending to submit a formal letter to the City Council asking them to consider rebidding for 2006-2007. The rental of the trucks was outside of the bid specifications. He explained that the ad was clear that the bidder was expected to provide all equipment. He feels it is inappropriate to offer rental of the trucks to Mr. Oyer. He stated that his client hasn’t yet decided whether or not to challenge the 2005 contract and if the engineering staff intended to do the rental, it should have been included in the bid. He and his client have tried to stay away from the internet conspiracies but there may be some truth in the concerns raised.
Ms. Simonsen explained that Mr. Oyer has rented the trucks for several years and that the item was never brought before the City Council. She felt it was appropriate to bring the rental to the Council in light of the controversy between MW Truck and Oyer Trucking. She stated that the use of the City vehicles would have been open to any low bidder. MW Truck knows that because he was the one who drove the trucks last year. We have no obligation to let Mr. Oyer use the trucks. He can rent them for $50 per day elsewhere if he so chooses. The vehicles are rented for three to four weeks at a time resulting in approximately $2000. Even with that amount there would have been a significant difference between bids one, two and three. With regard to Mr. Benda’s reference to internet conspiracy, there is no conspiracy. City staff has been trying to obtain service at the best cost to our citizens and at the best possible cost. Mr. Oyer has provided that service over a number of years to our satisfaction and this is no different than previous years. This was simply brought to the City Council so that it was upfront to the public and not looking as though it was done behind closed doors.
Matt Benda explained that MW Truck LLC is different than the subcontractor in the past. Matt Wangen was the subcontractor and Marlowe Wangen is MW Truck LLC. To say that there was knowledge that this occurred, there was no knowledge that those trucks were driven by his client. It may be unfair to state that this option was available to him.
Councilor Brooks asked Mr. Benda if his client knew that the trucks were available that the bids would have been closer. Mr. Benda answered yes. Mr. Benda stated that he and Mr. Schwab had some differences over minor issues. As a result of those minor changes there was some doubt that his client’s bid was sufficient. Minor issues make a big difference in a public contract.
City Engineer Jahnke explained that two months ago we didn’t know if the trucks would be available to rent. If the trucks would have been needed for the digester project, they would not have been available to any contractor. They never told any contractor that they could use those trucks.
Mr. Benda stated that he assumes Mr. Oyer was aware that this was a possibility and made his bid accordingly.
Councilor Rasmussen asked Attorney Schwab if there was any legal concern over this issue. He doesn’t believe that this is a part of the bid. Mr. Schwab stated that he would agree with Mr. Benda if the trucks were being rented to Oyer at a substantially below cost. We are charging more than what Mr. Oyer can rent trucks elsewhere. This shouldn’t affect the original bid. Mr. Schwab also commented that Mr. Benda is referring to a minor discrepancy in his client’s bid. His client didn’t list the City as an insured on the insurance policy which made the bid non-responsive. They were not willing to name the City as an insured. This is not a minor discrepancy. Councilor Rasmussen asked what the difference was in the two bids. Ms. Simonsen stated that she believed it to be $100,000. Mr. Benda thought that it was between $70,000 and $100,000. Ms. Simonsen stated that this rental would amount to $6000.
Councilor
Marin stated that the issue is not the contract but the rental of the trucks.
The principal is what bothers him. A
contractor that already has a contract is now able to take the trucks outside
the City to have them inspected before this came before Council.
This Council has taken a lot of criticism this year because of
City Manager Simonsen agreed that this disturbs her as well. This item was going to come before the Council. The Council needs to remember that for the past numerous years our chief operator has been fully qualified to run the plant and has always had full jurisdiction to take care of these things. These items never came before Council previously. We are trying to do our due diligence by bringing it to Council knowing that we are under scrutiny. I was disappointed to hear that he assumed he could use the trucks again because he had used them the previous three years. She explained that the City has undergone dramatic changes in the administration these past couple of years and employees are just following past practice.
Councilor Marin commended Ms. Simonsen for her efforts and noted that the rules have changed and the employees need to abide by these rules. He doesn’t want these things to cause the City to lose integrity.
On
roll call vote, all Councilors voted in favor of said motion with the exception
of Councilor Marin who voted nay.
(See
Secretary's Original Resolution
05-223
included with these minutes.)
RESOLUTION
05-224 ADOPTED – APPROVING A.F.S.C.M.E. CONTRACT
City
Manager Simonsen reported that City officials and Union Stewards for Local 1018,
American Federation of State, County and Municipal Employees, AFL-CIO Council 65
(A.F.S.C.M.E.) have been negotiating a labor agreement over the past several
months. The two parties have reached
tentative agreement on a labor contract that will cover the time period of
Councilor
Rasmussen moved, Councilor Severtson seconded, that Resolution 05-224, approving
the A.F.S.C.M.E. contract, be approved. On
roll call vote, all Councilors voted in favor of said motion.
(See Secretary’s Original Resolution
05-224 included with these minutes.)
RESOLUTION 05-225 ADOPTED – APPROVING I.A.F.F.
CONTRACT
City
Manager Simonsen explained that negotiations with representatives of the
International Association of Firefighters, Local 1041, have resulted in a
tentative agreement which is being presented to City Council this evening.
The contract is effective for a three-year period beginning
Councilor
Erdman moved, Councilor Rasmussen seconded, that Resolution 05-225, approving
the I.A.F.F. contract, be approved. Councilor
Erdman commended City Manager Simonsen for due diligence in negotiating these
contracts. On roll call vote, all
Councilors voted in favor of said motion.
(See Secretary’s Original Resolution
05-225 included with these minutes.)
RESOLUTION 05-226 ADOPTED – IN SUPPORT OF BONDING
REQUEST
City
Manager Simonsen stated that she is recommending Council approval to submit a
bonding request to the State Legislature for their 2006 bonding session.
We would like to submit several projects on behalf of the Watershed
District,
Councilor
Erdman moved, Councilor Marin seconded, that Resolution 05-226, in support of
submitting the outlined bonding requests to the State Legislature, be approved.
On roll call vote, all Councilors voted in favor of said motion.
(See Secretary’s Original Resolution
05-226 included with these minutes.)
UNLISTED
ITEMS
WARD ITEMS
First Ward, Councilor Rasmussen:
(1) Congratulated the ALAHASA on winning another award.
Second
Ward, Councilor Erdman:
(1)
Has received several calls
about vehicles parked on City streets for extended periods of time and asked if
there is a limit to how many vehicles are permitted per household.
City Attorney Schwab responded that there is no limit on the number of
cars per residence however the vehicles must be licensed, insured and operable.
He noted that there is a 12-hour parking limit in residential areas.
(2)
With winter forthcoming, he
asked residents to be thoughtful of neighbors and move their vehicles to permit
snow removal.
(3)
Thanked Representative Dorman
for his role in bringing members of the Capitol Investment Committee to
(4)
Urged all residents to vote in
the special election on November 8.
Third
Ward, Councilor Marin:
(1)
Moved to approve a street
light at Gateway and Regency Lane. Councilor
Erdman seconded the motion. After
Council discussion and on roll call vote, all Councilors voted in favor of said
motion.
(2)
Reported that the City mowed a
lot owned by Herb Andersen on two separate occasions.
Mr. Andersen has receipts showing that he had a mowing service taking
care of this lot. He moved to
approve that Mr. Andersen’s mowing assessment be waived.
Councilor Erdman seconded the motion.
City
Manager Simonsen explained that the City mows approximately 80 neglected lots
and that we don’t mow unless the grass is over nine inches.
The property owner is charged $105 per mowing.
Councilor Marin commented that Mr. Andersen’s property is not being
neglected.
After
discussion and on roll call vote, all Councilors voted in favor of said motion
with the exception of Councilor Rasmussen who voted nay.
(See Secretary’s Original Resolution
05-227 included with these minutes.)
Fifth
Ward, Councilor Severtson:
(1)
Reported that residents in
Government Acres were under the impression at the time of annexation that they
were grandfathered in for burning, horses, and other items permitted prior to
annexation. Ms. Simonsen stated that
it would have taken Council action to permit burning in that area.
(2)
Residents also fear that their
fire hydrants will get knocked over because there are no flags and there is tall
grass around them.
Sixth
Ward,
(1)
Asked that engineering take a
look at the light pole in Oakwood Terrace. The
residents are reporting that it is dark in the area.
(2)
Asked the City Engineer to go
to New Hills Condos with him. The
residents are requesting additional signs.
ADJOURNMENT – 8:25 P.M.
Councilor
Marin moved, Councilor Severtson seconded, that there being no further business,
the council meeting be adjourned until the next regular meeting of the Albert
Lea City Council on Monday, November 14, 2005.
On roll call vote, all councilors voted in favor of said motion.
Filed and attested October 25, 2005.
/S/ Sandi Behrens /S/ Aaron Summers
Secretary of the Council Mayor