July 12, 2004
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 Jean Eaton.
ROLL CALL
Present were Councilors Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Absent was Councilor Warren Amundson. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, City Attorney Steve Schwab, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.
The Pledge of Allegiance was recited.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF JUNE 28, 2004.
(b) LICENSES APPROVED:
ANNUAL LICENSE
PLUMBER
Bohlen Plumbing and Heating,439 South Ash, New Richland
(c) RESOLUTION 04-152 ADOPTED – APPROVING GAMBLING APPLICATION: Resolution 04-152 approves the lawful gambling application of the Minnesota Fish and Game Preservation for operations at the Nasty Habit, 134 West William, and Tienda Mexico, 2201 East Main Street.
(See Secretary's Original Resolution 04-152 included with these minutes.)
(d) RESOLUTION 04-153 ADOPTED – CLAIMS: Resolution 04-153 presents the financial claims of the City.
(See Secretary's Original Resolution 04-153 included with these minutes.)
Councilor Marin moved, Councilor Kron seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.
HOT SHOTS LIQUOR LICENSE REVOCATION - PUBLIC HEARING
Mayor Eaton opened a public hearing for the revocation of the Hot Shots Bar & Grill intoxicating liquor licenses. The necessary notice for this hearing was published on July 5, 2004.
City Manager Victoria Simonsen explained that this hearing is required to permit the revocation of a liquor license for Hot Shots Bar & Grill. She noted that multiple violations regarding the sale of alcohol to underage individuals has occurred and each violation resulted in a more progressive penalty. The most recent violation occurred on April 18 prompting this request for revocation. The City Attorney sent a letter, dated June 14, to the owner informing him of the hearing.
Tim Iverson, 1119 South Broadway, requested Council permission to continue this hearing to the next meeting to permit time to obtain an attorney to represent him. He agreed to close the business until after the hearing.
City Manager Simonsen commented that Mr. Iverson knew of the hearing as the result of the letter from the City Attorney and that the City Attorney and City Clerk had suggested permitting continuation of the hearing with the condition of closure.
Councilor Brooks moved, Councilor Kron seconded, that the continuation of the hearing be granted.
Councilor Marin asked Mr. Iverson why he hadn’t been able to find counsel. Mr. Iverson responded that no local attorney was willing to take the case and he needs additional time to retain an out-of-town attorney.
On roll call vote, all Councilors voted in favor of the motion, with the exception of Councilor Marin who voted nay. Mayor Eaton declared the motion carried and the public hearing continued.
FOLLOW-UP ITEMS FROM PUBLIC CONCERNS
City Manager Simonsen reported on previous public concerns as follows:
1. Removal of the billboard at the Hanson Building. The billboard company has been notified that the billboard must be removed and this should occur in the next week or so.
2. Weeds and trash around the Hanson Building have been removed.
3. Flowering baskets on Broadway – the City will be working with service clubs to lower the baskets six to eight inches with the exception of the baskets located near signage. These will not be lowered. The fertilizer on the baskets will be adjusted to promote growth of the plants.
4. Nuisance animals – skunks and woodchucks. The City has been in contact with the Department of Natural Resources and was informed that these are considered nuisance animals which can be shot. Neither the DNR nor local animal control recommend the live trapping of skunks. She suggested that the residents take away any attractions in their yards. Dangerous animals will be taken care of when necessary. Upon questioning, she noted that the discharge of guns in the City limits is prohibited and that law enforcement shooting animals is not a practice we wish to follow. When asked about pellet guns, she was informed that they are not legal.
5. Concerns relating to the parking lot across from Kwik Trip on Front Street – the shed on the trailer have been removed and Thompson Sanitation has been hired to remove the piles of items by July 15.
6. The handicapped sign at 206 West College will be removed.
7. Sidewalks on Frank Avenue – The City currently requires a one-year warranty on sidewalks and will pursue a two-year warranty. The construction company and the City will make the necessary repairs and share the cost.
8. Painting center line on Frank Avenue – Center lines are only painted on state-aid highways only when a safety issue exists such as Blake Avenue and Stevens Road.
9. Water bill processing – The City received quotes from United Information Center of Des Moines for 17¢ per unit and one from Ameri-National Remittance Service for 23¢ per unit. Months later a quote came in from Church Offset Printing for 19¢ per unit. The City had already committed to the quote from United Information Center by the time the COPI quote came in.
10. Methane gas from Wastewater Treatment Plant – The City did not burn the methane until 2001 when we upgraded the gas collection system and use the methane produced in the micro turbines to generate heat and electricity for the plant. Excess methane is burned off.
PUBLIC ITEMS
Roger Bok, 1012 Cato Drive, noted that the methane gas was released into the air for many years which hurt the ozone layer, no minutes available at the meeting, weed and grass problem all over town are not being taken care of. Regarding the sidewalks, the engineering department is not doing its job, something should be put in which stands up. The ditches along Stevens Road are full of water and the grass is terribly high. Questioned Marin’s attendance at meetings noting that Section 3.03 of the Charter could be used to compel attendance at meetings. Charter notes that any person may inspect minutes and he was charged $5 for minutes.
Glen McDaniel, 701 Garfield, asked what could be done with the geese on the trail.
RESOLUTION 04-154 ADOPTED – AUTHORIZING HANSON BUILDING DEMOLITION
City Manager Simonsen explained that the staff was waiting for the RFP’s for the buildings on Broadway and William. Both RFP’s submitted requested demolition of the Hanson Building to provide adequate parking spaces for their businesses. She noted that the next step in the process is for the City Council to determine which of the three options they wished to pursue.
Councilor Kron moved, Councilor Fjelstad seconded, the City pursue Option A, demolish the building and proceed to develop a parking lot in 2004. An asbestos survey and removal will be required prior to the building being removed.
After Council discussion and on roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-154 included with these minutes.)
RESOLUTION 04-155 ADOPTED – ACCEPTING DONATION OF LAND
City Manager Simonsen explained that the City had received a written request for consideration to accept a gift of a 3.5 acre tract located south of the current Almco location on West Main Street adjacent to the Farmland site.
Henry Savelkoul appeared before the Council to explain the donation. He noted that the company is considering some structural changes and that the executives are offering the donation of the tract to the City. He noted that the City was very helpful to Almco when the company was established. The donation is conditioned on the fact that it will be made as is with no warranties. The group has talked to the railroad noting that the railroad has adjacent land that they are using for storage and that some of the storage is encroaching on the Almco site. He commented that the railroad may wish to acquire a portion of the land.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that the City accept the donation of the 3.5 acre tract with conditions noted. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-155 included with these minutes.)
MAYOR’S APPOINTMENT CONFIRMED
Mayor Eaton explained that she is recommending the appointment of Jim Munyer as the City’s representative on the SELCO Board replacing Roger Lonning.
Councilor Erdman moved, Councilor Marin seconded, that the appointment of Jim Munyer to the SELCO Board be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointment confirmed.
RESOLUTION 04-156 ADOPTED – VACATING STREET AND UTILITY EASEMENTS
City Manager Simonsen explained that it is necessary to vacate the street and utility easements in Fountain Lake Pointe Subdivision. She noted that once the utilities are vacated, the plat can be signed for Fountain Lake Pointe Second Subdivision and new utility easements identified.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-156, vacating street and utility easements in Fountain Lake Pointe Subdivision, be approved. After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-156 included with these minutes.)
RESOLUTION 04-157 ADOPTED – AUTHORIZING PURCHASE OF CHIP SEAL SPREADER
City Manager Simonsen noted that the Street Department is requesting permission to prepare specifications, to advertise and accept bids and purchase of a new chip seal spreader. The approximate cost for the equipment is $165,000 and would replace the current method of tailgate chip spreader attachments and subcontracting of the work. The payback period on the purchase of the chip spreader is less than three years. She explained that the current method of spreading chips is to utilize four dump trucks with tailgate chipper attachments. The method is inefficient and the current equipment needs replacement. A new chip spreader would allow the Street Department to calibrate the amount of chips that are being placed and thus reduce the amount of loose chips that would result. Additionally, the Street Department will be able to perform unscheduled chip sealing as the need arises.
After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 04-157 authorizing the City to proceed with purchase of a chip seal spreader. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-157 included with these minutes.)
RESOLUTION 04-158 ADOPTED – AUTHORIZING WASTEWATER TREATMENT PLANT AERATION BLOWER PROJECT
City Manager Simonsen told the Council that the City has been evaluating the blower system at the Wastewater Treatment Plant over the past several years. The blower system is the City’s largest electrical user. In 2003, the City worked with Alliant Energy and Fox Engineering to evaluate the aeration blower system. The alternative that was suggested had an estimated cost of $1,030,000. She noted that the City has been contacted by another company, Atlas, Copco of Belgium, one of the largest blower manufacturers in the world, has requested the City be used as a test site for one of the newly designed blowers. The cost to the City for testing the blower would be $28,000. City staff recommends that the City proceed with a study proposed by Kaeding and Associates in the installation of the test blower proposed by Atlas Copco. She commented that Alliant Energy is supportive of testing the system.
Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-158, authorizing the wastewater treatment plant aeration blower project, be approved.
After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-158 included with these minutes.)
RESOLUTION 04-159 ADOPTED – AUTHORIZE FORMAL POLICY FOR FUNDING REQUESTS
City Manager Simonsen asked that the Council discuss implementing a formal request process for non-profit and other service organizations for 2005 funding requests. She is recommending that an application for funding requests be advertised for submittal of requests by a July 31 deadline. Applications would then be reviewed and accepted by City Council with the amount awarded to each agency announced in September. She noted that a formal process would eliminate funding requests to the City Council throughout the year and would assist staff with the budgeting process.
Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-159, authorizing a formal policy for funding requests and setting the amount to be provided at $50,000, be approved. On roll call, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-159 included with these minutes.)
UNLISTED ITEMS
MAYOR’S ITEMS
Mayor Eaton:
(1) Received a request for dock placed along Bridge Avenue.
(2) Safety concerns noted with people crossing Bridge Avenue from Lakeside Café to view the fountains.
(3) Two missing flags replaced before visitors start coming this week.
(4) Received a call reporting that the lakeshore is falling in on Edgewater Drive.
(5) Announced that mosquito spraying will occur on Tuesday night and Wednesday morning.
(6) Congratulated the Wastewater Treatment Plant staff for recent commendation in Water World magazine.
(7) Please give the Prairie Home Habitat 500 a warm welcome tomorrow night.
(8) 500+ motor homes will be arriving in Albert Lea to participate in the Midwest Motor Home Rally at the fairgrounds. She noted that the public is invited to attend.
(9) Congratulate the three winners for curb appeal rewards:
Ward 1 – Dave and Carol Larson
Ward 2 – Jeremy and Ginny Corey-Gruenes
Ward 3 – Bill Struck family
WARD ITEMS
Second Ward, Councilor Erdman:
(1) Has received calls about parking enforcement in the 200 block of West Clark Street near the Human Services office. Perhaps Freeborn County could notify its employees in that building of the restrictions in that area. Also, perhaps law enforcement could do some spot enforcement around that building.
(2) Expressed appreciation for Ms. Simonsen and the wonderful job she is doing. Thanked the City staff for adjusting to the changes and for the openness in government.
Third Ward, Councilor Marin:
(1) Commended City staff on the addition of voicemail and for staying open during the noon hours.
(2) Thanked Ms. Simonsen for arranging for the removal of items from the open lot on Front Street.
(3) Introduced Bishop Yomi Isijola of Port Harcourt, Nigeria. The Bishop is preaching in the United States for the next three months.
(4) Expressed appreciation for Bok’s concern. He stated that he is accountable to his constituents and that during the four years he has been in office he has only missed 8 meetings; four meetings representing the City, two for ministry and two with his family.
(5) Invited everyone to the special entertainment on Saturday night in the North Broadway lot. They will be hosting two nationally known groups and one local artist.
Fourth Ward, Councilor Fjelstad:
(1) Noted the campers and coaches will be at the fairgrounds.
(2) Told the Councilors that there are people who will trap nuisance animals.
Fifth Ward, Councilor Kron:
(1) Thanked the Street Department for painting yellow curbs on Euclid and College.
Sixth Ward, Councilor Brooks:
(1) The Knights of Columbus has a 15 minute stall which they want removed.
(2) The property at 800 East Eighth Street needs to be inspected.
(3) The traffic noise in Oak Knoll Subdivision is getting worse. Asked that the City look into sound barriers along the interstate.
(4) Received calls praising Park Department for the excellent job on the parks.
CALLING A PUBLIC HEARING FOR RENEWAL OF INTOXICATING LIQUOR LICENSES
City Manager Simonsen told the Council that it is necessary to set a date for a public hearing for renewal of all intoxicating liquor licenses. She recommended the hearing be set for July 26, 2004.
Councilor Brooks moved, Councilor Erdman seconded, that a public hearing for renewal of intoxicating liquor licenses be scheduled for July 26, 2004. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the hearing scheduled.
ADJOURNMENT – 8:06 P.M.
Councilor Marin moved, Councilor Brooks 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, July 26, 2004. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.
Filed and attested July 13, 2004.
/S/ Sandi Behrens /S/ Jean Eaton
Secretary of the Council Mayor
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