March 12, 2007
The regular meeting of the Albert Lea City Council was called to order at 7:00 p.m. in the City Center Council Chambers by Mayor Randy Erdman.
1. CALL TO ORDER AND ROLL CALL
Present were Mayor Randy Erdman, Councilors Vern Rasmussen, Larry Baker, George Marin, Reid Olson, John Severtson and Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune and KATE Radio.
(a.) The Pledge of Allegiance was recited.
(b.) OATH OF OFFICE – POLICE OFFICER
City Clerk Shirley Slater-Schulte gave the Oath of Office to the Ryan Merkouris as the newest member of the Albert Lea Police Department.
2. CONSENT AGENDA
(*a.) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF FEBRUARY 26, 2007.
(*b.) RESOLUTION 07-39 – APPROVING CLAIMS: Resolution 07-39 represents the financial claims of the City.
(See Secretary's Original Resolution 07-39 included with these minutes.)
(*c) APPROVAL OF LICENSES AND PERMITS:
ANNUAL LICENSE(S)
TREE TRIMMER
Albert Lea Tree Service, Inc., 606 W. 9th Street, Albert Lea, MNTEMPORARY LICENSE(S)
DANCE
Efren Bernal, 206 Fenton Ave., Albert Lea, MN for a dance at the Knights of Columbus Hall on March 24, 2007(*d.) CALL A SPECIAL WORKSHOP MEETING FOR THURSDAY, APRIL 19th, 2007 at 5:30 P.M. AT CITY HALL, 221 EAST CLARK STREET, ALBERT LEA, MN BEFORE THE PRE-AGENDA MEETING.
Councilor Marin 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed and the consent agenda items adopted.
3. PETITIONS-REQUESTS-COMMUNICATIONS
(a.) PRESENTATION BY DON ABRAMS, MINNESOTA POLLUTION CONTROL AGENCY, ON THE PRELIMINARY PLANS FOR EDGEWATER PARK
Mayor Erdman introduced Mr. Don Abrams from the Minnesota Pollution Control Agency regarding the preliminary plans for the cleanup of the Edgewater Park former dump site.
Mr. Don Abrams reviewed the maps and plans for this cleanup site and reviewed accomplishments and future goals. Ms. Jean M. Olson, Senior Hydro Geologist with Minnesota Pollution Control Agency, reviewed with the City Council the levels of materials in and along this site. Mr. David M. Parenteau, Project Manager/Associate with Wenck Associates, Inc., explained their role in this process and time lines for the project. There were several questions by the councilors regarding this proposed project, timelines and cost figures. Mayor Erdman thanked Mr. Abrams, Ms. Olson and Mr. Parenteaus, for presenting the information.
4. UNFINISHED BUSINESS – NO ITEMS.
5. NEW BUSINESS
(a.) PUBLIC HEARING AND RESOLUTION 07-40 – ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR MARGARETHA AVENUE (JOB 0242)
City Manager Simonsen explained that this resolution would accept the feasibility study and hold a public hearing for improvements to Margaretha Avenue known as Job 0242. The project involves the reconstruction of Margaretha Avenue from 125 feet north of 11th Street to 14th Street. The improvements include the removal of existing concrete pavement with replacement of new concrete with integrant curb. The width of the street would remain at 44 feet. The street design would include new storm sewer and a system of drains under the roadway to control surface and subsurface moisture. The work also includes replacement of the water main and sidewalk from 11th Street to 13th, as well as placing additional sidewalk from 13th to 14th Street.
The City and County have been joint partners on maintenance of Margaretha Avenue since 1968. This project would continue that collaboration. The total project cost is $1,940,770.30 with $270,262.08 being assessed to adjacent property owners. The remaining cost would be paid for by the City and County’s shares of federal funds, municipal state aid funds, and general funds of both entities.
A neighborhood meeting was held on February 22nd to discuss the project; however, no public participated in the meeting. A public hearing will be held this evening to hear input on the preliminary assessments for this project.
Mayor Erdman opened the public hearing and asked for public input.
Ms. Mary Ann Rockford, Rainbow Terrace, had several questions regarding the access to private driveways, who will be responsible for paying the assessments, and if the owner of the property will raise rent rates due to this assessment. City Engineer Steven Jahnke answered the questions on the driveway issue and the council inquired of City Attorney Steve Schwab regarding the assessment costs.
Mrs. Elaine Garr, 808 Lake Chapeau, had questions regarding whether their property would be included in this project. She had several concerns about the zoning and possible rezoning of their property and whether or not they should be included in this project.After three times calling for additional public comment Mayor Erdman closed the public hearing.
Resolution 07-40 was introduced by Councilor Brooks to order the improvements and authorize the preparation of plans for Margaretha Avenue, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-40 included with these minutes)
(b.) RESOLUTION 07-41 - CALLING A PUBLIC HEARING – MODIFICATION OF TIF DISTRICT 5-15
City Manager Victoria Simonsen explained that the City is proposing to modify the original budget for TIF 5-15 Broadway Ridge Redevelopment District. At the time this plan was originally prepared, specific projects were not identified. Since that time, the Freeborn Bank building renovations have begun and there is also a proposed redevelopment project for the Ehrhardt building. Minnesota statutes require that the procedure for modifying a TIF district follow the same procedures as were required for adoption of that district. These procedures require that the city hold a public hearing on the proposed modification. The City wishes to set a public hearing date for April 23, 2007 at 7:00 p.m. in the City Council Chambers.
Resolution 07-41 was introduced by Councilor Severtson to call a public hearing for the modification of TIF District 5-15 as proposed, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-41 included with these minutes)
(c.) RESOLUTION 07-42 - APPROVING BIDS FOR 2007 BITUMINOUS FOR 2007 BITUMINOUS CONTRACT NO. 2 (JOB 0631)
City Manager Simonsen explained that bids were opened on Wednesday, March 7, 2007, for the 2007 Bituminous Contract No. 2. This project involves the bituminous overlay and miscellaneous concrete work of residential streets in the north part of the City, in the general area bounded on the north by Airport Road, on the south by Glenview Road, on the east by Bridge Avenue, and on the west by Highland Avenue.
Two bids were received on the project: Ulland Bros, Inc. for a total of $366,407.95 and Crane Creek Asphalt at $382,462.19. Staff recommends the low bid of $366,407.95 as submitted by Ulland Bros., Inc. of Albert Lea, MN. The Engineer’s estimate was $536,794.13.
Resolution 07-42 was introduced by Councilor Rasmussen approving and accepting bids for the 2007 Bituminous Contract No. 2 as proposed, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-42 included with these minutes)
(d.) RESOLUTION 07-43 – ACCEPTING FEASIBILITY STUDY AND CALLING A PUBLIC IMPROVEMENT HEARING FOR PILOT STREET, MILROSE AVENUE AND ALGON STREET (JOB 0629)
City Manager Simonsen explained that this project involves the construction of a storm sewer system, paving, curb and gutter for Pilot Road from Windsor Avenue west, Milrose Avenue, and the west end of Algon Street. This project has been requested by all the property owners on the north side of Pilot Road and several of the homeowners on the south side of Pilot Road. It has also been requested by all the property owners on the proposed Milrose Avenue with the exception of Denis Flaherty who owns a large portion of the property on the west side of Milrose Avenue. On Algon Street it has been requested by the owner of the car wash and new marketing building on the corner of Algon Street and Milrose Avenue.
This area is currently drained by a private drain tile which does not work well. This area has been looked at for a storm sewer system and roadway several times beginning in 1993 and 1994. In 1997, a feasibility report was prepared, but the owners of the drain tile made repairs and requested that the project not be completed.
The City has been working on this project with several of the property owners since late 1994. The City has tried to relocate Milrose Avenue westerly to align with HiTec Avenue and Rowe Lane, but was not able to get the property owners to agree with this.
This area is wet and has poor soils, therefore the additional 18” of select granular borrow and subsurface drain tile is being included in the construction of this bituminous roadway.
If the Council approves moving forward with the project, a neighborhood meting would be scheduled in March with a public hearing being called for April 9, 2007 at 7:00 p.m. in the City Council Chambers. Construction could occur over the summer months.
Resolution 07-43 was introduced by Councilor Rasmussen accepting the report and calling a public hearing on the improvement, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-43 included with these minutes)
(e.) RESOLUTION 07-44 - RESOLUTION APPROVING MOSQUITO SPRAYING FOR 2007
City Manager Simonsen explained that this resolution would approve the mosquito spraying for 2007. The Park & Recreation Department received three quotes for the City’s 2007 mosquito control program. The quotes are as follows:
- More’s Ag Center, Inc., 8 applications $3,000/application - Blue Earth, MN
- Professional Mosquito Control 11 applications $3,295/application - Clearwater, MN
- Mosquito Control of Iowa 11 applications $2,723/application - Rolfe, IA
It is the staff recommendation to take the low bid from Mosquito Control of Iowa. They also have the ability to do aerial spraying when conditions are right.
Resolution 07-44 was introduced by Councilor Olson approving the mosquito spraying for 2007, seconded by Councilor Severtson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-44 included with these minutes)
6. MAYOR AND COUNCIL ITEMS
(a.) APPOINT FAMILY SERVICES COLLABORATIVE MEMBER
Mayor Erdman appointed Patty Griebrok as a member to the Freeborn County Family Services Collaborative Board.
MOTION: Move to approve the appointed by Mayor Erdman of Patty Griebrok as a member to the Freeborn County Family Services Collaborative Board.
Motion was introduced by Councilor Marin, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
(b.) MAYOR/WARD AND COMMITTEE ITEMS
First Ward, Councilor Rasmussen:
- Requested clarifications as to how the I&I Program will work and when will it begin. City Engineer Steven Jahnke explained the process and that it will begin in April or May 2007 with a public information meeting.
- No committee items
Second Ward, Councilor Baker:
- Reported that a resident stated how excited he was about the Freeborn Bank building restoration and encouraged councilors to keep up the work of beautifying the City of Albert Lea.
- No committee items
Third Ward, Councilor Marin:
- No Ward Items.
- No committee items
Fourth Ward, Councilor Olson:
- No Ward Items.
- No committee items.
Fifth Ward, Councilor Severtson:
- Request from a resident to place a portable potty at the end of Blazing Star Trail.
- Reported that HRA Committee Meeting was held and that they worked on a new rental agreement with the Senior Citizens group, also reviewed the bylaws and vowed to work together.
Sixth Ward, Councilor Brooks:
- No Ward items.
- Reported that a Port Authority Meeting was held and that they discussed the south industrial park and that they are very short staffed at this time.
- Stated concerns regarding the proposed assessments for the Rainbow Terrace property and that how could the city prevent this cost being passed on to the residents within this park.
Mayor Erdman:
- Requested that the City Engineer explain the Hammer Road speed limit. City Engineer Steven Jahnke explained that the speed limit is 55 mph on a portion of this roadway and 30 mph from Bridge Avenue to the railroad tracks. He also stated that the city cannot change the speed limit, but must request a speed study to be completed by MnDOT and they would probably recommend that the entire road be 55 mph.
- Special thank you to Senator Sparks, Representative Robin Brown and Watershed Outreach Director Cathy Rofshus for their participation in taking the Edgewater Project to the two committees last week at the Legislature and also to city staff for their hard work on getting the ball rolling on this project, so we may get this project completed this year.
(c.) CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
- Reported on the 15 minute parking signs in front of the Sportsman’s Tavern and the Heart of the Artichoke. The Heart of the Artichoke stall was recently installed and the owners want the sign to remain. The two stalls in front of the Sportsman’s Tavern were most likely changed to 15-minute parking when there was a shipping business operating next door. This business is no longer open. Engineering has no objections to changing the sign in front of the Sportsman’s Tavern to 2-hour parking from 7:00 a.m. to 5:00 p.m.
MOTION: Move to authorize the street department to remove the 15-minute parking signs and replace with the 2-hour parking signs from 7:00 am to 5:00 pm in front of the Sportsman’s Tavern.
Motion was introduced by Councilor Severtson, seconded by Councilor Brooks. . On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
- Questions regarding parking assessments in the block of the Sportsman’s Tavern. All businesses from Newton Avenue, east to the alley are all charged a parking assessment.
- Tiger Hills Development: City Manager explained that she misstated the party involved with the contaminated soils. It was not the Petro Fund; instead it is ACRRA (Agricultural Chemical Response and Reimbursement Account) that was involved with the clean up. ACRRA reimburses private parties for clean up. Tiger Hills is paying for the clean up through the 20% contingency set aside in the development agreement. The city will have no expense in this clean up.
- Concern about the city paying for Greater Jobs Membership. This is viewed as a legal membership fee for councilors and staff.
- Concern regarding the paying of an invoice to the Ramada Inn. This was for the lodging for three employees for two nights to attend the Wastewater Collection Seminar in Bloomington.
- A concern regarding the City Comprehensive Plan. City Charter, Section 8.01, reads, “The city council must, with the assistance of the city manager and the city planning commission, prepare and adopt a complete plan for the future physical development of the city.” It is not the sole responsibility of the Mayor and Manager to do so.
7. PUBLIC ITEMS:
Mr. Roger Bok, 1012 Cato Drive, stated the following:
- Stated concerns about certain businesses being able to dump snow on the street right-of-way and others cannot.
- Questions concerning dumping snow on the railroad property.
- Questions as to when the city council discussed only having one item for open forum?
Mr. Jeffrey Jax, 115 4th Street E., stated that he is working on his house and will have the house inspected tomorrow. Mr. Jax’s requested that the city council rescind the order to demolish his house. City Attorney Steve Schwab explained the legal process and timelines. After some discussion, the following motion was made.
MOTION: Move to extend this matter for two weeks until the building inspector or whoever is going to inspect this structure can give us the correct answer whether this is a sound house or not.
Motion was introduced by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Olson, Severtson, and Brooks. Nays: Mayor Erdman and Councilor Marin. Mayor Erdman declared the motion passed.
8. ADJOURNMENT – 8:26 p.m.
Councilor Brooks moved and Councilor Marin seconded, that there being no further business, the council meeting be adjourned at 8:26 p.m., until the next regular meeting of the Albert Lea City Council on Monday, March 26th, 2007. On roll call vote, all councilors voted in favor of said motion. Mayor Erdman declared the motion passed and the meeting adjourned.
Filed and attested March 13, 2007.
/s/ /s/
Secretary of the Council Mayor Randy Erdman