Albert Lea, MN  

April 25, 2005

Pastor John Bromeland, United Methodist Church, offered a prayer.

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.

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson and Mayor Jean Eaton. Absent was Councilor Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio and KAAL TV.

The Pledge of Allegiance was recited.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF APRIL 11, 2005.

 

(b) RESOLUTION 05-78 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-78 approves the Albert Lea Wrestling Boosters application for off-site gambling (pull-tabs) at the Freeborn County Fairgrounds August 2 through 7, 2005.

(See Secretary’s Original Resolution

05-78 included with these minutes.)

(c) RESOLUTION 05-79 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-79 approves the Elks Lodge application for off-site gambling (pull-tabs) at Jaxx Pub & Grub, 137 East Clark Street.

(See Secretary’s Original Resolution

05-79 included with these minutes.)

(d) RESOLUTION 05-80 ADOPTED – CALLING A HEARING FOR MISCELLANEOUS ASSESSMENTS ROLL 50: Resolution 05-80 calls a public hearing for May 23, 2005 to consider and adopt Miscellaneous Assessment Roll 50.

(See Secretary’s Original Resolution

05-80 included with these minutes.)

(e) CALLS A PUBLIC HEARING FOR THE TRANSFER OF HOT SHOTS LIQUOR LICENSES TO CHASERS IV, LLC FOR MONDAY, MAY 9, 2005 AT 7 P.M.

 

(f) RESOLUTION 05-81 ADOPTED – CLAIMS: Resolution 05-81 presents the financial claims of the City.

(See Secretary's Original Resolution

05-81 included with these minutes.)

Councilor Marin moved, Councilor Severtson 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.

City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

-Staff met with Mr. Shoff and Mr. Hayson recently to discuss the removal of sludge from the Wastewater Treatment Plant. We provided information regarding transactions in this area. We discussed the removal of scrap metal that the City oversees and unless either of them have further questions, she has some information to provide, we will continue to monitor that situation and make improvements to our documentation process regarding scrap metal. It should be noted that the iron frequently referred to at the old Farmland site is still in place.

-In regard to Mr. Bok’s question about why doesn’t the City repair the broken tile across the Jenson property, there are currently two storm sewer systems that cross the Jenson farm. It appears that there are several places that the tile has been connected to them and after the most recent rain event, we had staff go down and observe it. There is water standing in a low spot. However, it appears we need to schedule an appointment with the Jenson’s and have them take us out to where they feel the tile may be broken.

-Regarding a request to consider limiting parking to one side on Lakewood Avenue, it does appear that if vehicles are parked on both sides that there could be an issue in regard to passing safely. There have been very minor incidents reported over the last five years. However, having staff review the area on a random basis over the past two weeks, there have been no incidents where vehicles were parked across from each other, therefore the Engineering Department is not recommending restricting parking in that area.

-There was a request for the speed monitoring sign being placed on Highway 13 and Garfield Street. The Councilors have been and will be notified when they are placed at these two locations.

-There was a request to repair the Garfield curve sign and that has been completed.

-There was a request for a loading zone at 111 East Clark Street. The request came from a tenant of the building to Councilor Brooks. However, Greg Jensen, who currently owns the building, is opposed to a loading zone being placed there. He feels that finding a parking space on Clark Street is already difficult enough and taking up two spaces with loading zones would only worsen the situation. Since the property owner is opposed and there is parking that someone could use for loading, we do not recommend installing a loading zone in that area at this time.

Mayor Eaton read the rules for addressing the City Council.

Patrick Corrigan, 814 Frank Hall Drive, provided information to the City Council regarding a seminar entitled "Intervening in a Mental Health Crisis" to be held on Wednesday, May 18, 2005 at the Elks Lodge from 1 p.m. to 5 p.m. He noted that this workshop is intended for police officers, dispatchers, 911 personnel, fire and rescue personnel, emergency medical technicians and emergency room personnel, first responders, mobile crisis teams and on call mental health workers.

Roger Bok, 1012 Cato Drive, reported that cement trucks are being washed out on East Hawthorne, asked for maintenance on Hawthorne and Cato Drive, noted that rock piles at the old packinghouse are coming up from Iowa, asked the footage of the new Hatch Bridge, and asked why City crews are doing repairs on Wedgewood Road outside of the City Limits.

City Manager Victoria Simonsen explained that this is a public hearing to receive input from citizens regarding annexation of approximately 560 acres of land south of Hammer Road, east of Bridge Avenue and west of Sorenson Road. The City received a request from local developers to annex 80 acres of land abutting Hammer Road to the south. In order to support this annexation, the land must be contiguous with the City Limits which requires annexation of areas to the west, east or south of the proposed development. The annexation would provide the necessary water and sewer services to the proposed development as well as improve efficiency and consistency in law enforcement, fire protection and public works activities. She noted that the annexation allows the City to grow in an orderly, planned manner. Properties other than the one requesting annexation would be allowed to retain their agricultural zoning status if they so choose. This would allow current property owners to continue agricultural uses of the property such as farming, raising livestock and maintaining a rural lifestyle. The necessary notice for this hearing was published on April 14, 2005.

Councilor Rasmussen asked for comments received from owners. Ms. Simonsen noted that the three properties on Stevens Road will welcome annexation, one thought he was already in the City. She has discussed the advantages and disadvantages with a large property owner, one owner felt it was good to come into the City and one property owner can’t get service without a lift station. Overall, no one seemed angry or upset and several people felt it was inevitable and logical.

Councilor Severtson asked if the property owners will be required to pay the public lighting and stormwater utility fees. Ms. Simonsen stated that the stormwater fee is attached to those receiving water and sewer and the public lighting fee is attached to each parcel.

Councilor Fjelstad asked if lighting would be provided to the area. Ms. Simonsen responded that eventually lighting would be installed and that East Main lighting is already planned for next year. She noted that Hammer Road is well traveled now and when the housing development goes in, that traffic will increase. It would be a good idea to look at lighting in this area. Councilor Fjelstad suggested considering this issue when annexing property.

Councilor Rasmussen asked about the township’s opinion. Ms. Simonsen stated that she had talked with the Township Chair and that he had stated that for those people wanting annexation or those neutral to annexation, he would support orderly annexation but they are waiting to hear the public response at this hearing.

Mayor Eaton asked Ms. Simonsen to explain the various annexation options available to the Council. Ms. Simonsen noted that orderly annexation, agreement by the City and Township, is the staff’s preference. Another method is annexation by ordinance. There may be people who are not fully embracing annexation. The Council would then need to introduce an ordinance for the annexation and conduct a public hearing prior to final approval. The ordinance then would be sent to the MN Planning office for approval. A third method is when sewer and water is available within 500 feet; there is a process for annexation in that instance.

City Attorney Schwab noted that annexation by ordinance is permitted in certain situations, if the property is owned by the City, if the area is 60 acres or less, it is automatic because of the limited situations. Orderly annexation is the preferred method.

Tim Ramaker, Wells, appeared before the City Council representing Tiger Hills Development LLC. He stated that the plan is to develop a total of 126 lots for single family homes and 18 lots for town homes. The first phase will consist of 30 lots for single family homes and 10 lots for town homes. The target market is for homes between $150,000 and $200,000. Because of the recent approvals for JOBZ projects, a need for housing is becoming apparent. He noted that Albert Lea’s housing market has grown less than one percent in the last 20 years.

Lance Anspach, 2060 Hammer Road, noted that he is opposed to annexation. He asked whether sidewalks will be provided for school age children walking to the high school, whether he will have the ability to shot wild animals such as possum, skunk, etc., has been informed that he can hook-up to City utilities for approximately $10,000 and asked if he will be charged for storm sewer. He also asked if he hooks up and sewer is run past his property in the future if he will be assed for that project. He noted that his insurance rates will not drop and asked if he would be permitted to keep a horse on his acreage. He asked about the speed limits on Hammer Road, licensing of cats, burning and unlicensed vehicles.

Nancy Jenson, 519 Albert Lea Street, commented that she has had conversations with the City Manager and asked for clarification on the public lighting utility fee. Ms. Simonsen told her that she would be charged one fee for the entire property. Mrs. Jenson asked about a response from the DNR regarding hunting. Ms. Simonsen explained that she has made numerous phone calls to the DNR and has not received a response. She also explained that it is the City’s opinion that if the lake is surrounded by City that there will be no hunting. She also said that if there is an overpopulation of deer that the Council could authorize a bow hunting season in that area. Mrs. Jenson said that she wants it made known that hunters are not permitted to cross private property without permission.

Roger Bok, 1012 Cato Drive, commented that he can see where annexed property would include certain grandfathered conditions but that he has a property behind him which raises chickens and rabbits. He believes this is illegal but reported that the inspector said that the chickens and rabbits are permitted.

Miles Pechacek, 324 East William, asked if the City is planning to put in through streets. He noted that Bridge Avenue is heavily traveled now and that through streets are necessary.

Marge Hamersly, Chamber of Commerce, encouraged the Council to thoughtfully consider this annexation. The Chamber is lending its support to the annexation as they are hoping to see development of housing.

Ms. Simonsen reported that Brian McMullen has contacted her and is in favor of annexation and stated that he believes his neighbor is also in favor of annexation. She noted that the resident at 2209 Stevens Road believed they were already in the City and later found that they were not. She also noted that Arlo Blumer, a resident of Pharr, Texas, is opposed to annexation of his farmland. She was unable to reach a couple from Rockford, MN.

Councilor Severtson asked what the City Manager is requesting. Ms. Simonsen responded that she is recommending a resolution for orderly annexation. If the township signs the resolution, it would go to the State for final approval.

Nancy Jenson, 519 Albert Lea Street, noted that the Township would have to come into the agreement to attain orderly annexation. She asked whether it is mandated that the township be in attendance at this hearing and noted that it is unfortunate that they are not present.

Mayor Eaton closed the public hearing.

After additional Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-82, orderly annexation of property in Sections 3 and 10 of Albert Lea Township, be approved. 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

05-82 included with these minutes.)

Mike Woitas, Vice President of the Freeborn County Fair Board, explained that the Fair Board is requesting $5000 from the City to upgrade the 50 amp service at the fairgrounds. He noted that the County Board has agreed to contribute $5000 toward this project. The Fair Board is trying to market the acreage for motor coach rallies. The property is RV friendly and there has been a lot of interest in using the grounds for motor coach groups. He noted that in 2004 the Midwest Coach Rally was held at the fairgrounds and that $250,000 was spent locally which averages out to be about $124 per camper, per day.

Mayor Eaton commented that it rained last year and there was a lot of water in low spots. She asked if these low spots will be filled. Mr. Woitas told the Mayor that they are working on this now.

Councilor Fjelstad moved, Councilor Marin seconded, that the City of Albert Lea provide a $5000 contribution for the electrical upgrade.

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

05-83 included with these minutes.)

City Manager Simonsen explained that the Boy Scouts are requesting permission to use Bancroft Bay Park for an overnight Webelos camp. She noted that the Park and Recreation board had heard the request and is recommending approval. In return, the Boy Scouts will be assisting with a service project at the park.

Janice Stensrud appeared on behalf of the Boy Scouts and informed the Council that the overnight will be held on July 17 and 18.

Councilor Rasmussen moved, Councilor Severtson seconded, that the request of the Boy Scouts to use Bancroft Bay Park on July 17 and 18, 2005 be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen reported that the Elks Club and the Old Car Company are requesting permission to use the Albert Lea Airport on July 21, 2005 to host a breakfast, car show and offer plane rides. She noted that the airport manager, Jim Hanson, maintains insurance inside the hangars and the City maintains insurance for exterior properties. The City Attorney has no objection to this use.

After Council discussion, Councilor Rasmussen moved, Councilor Severtson seconded, that the request of the Elks Club and the Old Car Company to use the Albert Lea Airport on July 21, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen stated that participants in the Farmers Market have asked for permission to place a seasonal sign in the North Broadway parking lot area. The group is working with the Inspection Division regarding the size and appearance of the sign and is requesting approval for installation when the sign is complete.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that the request for placement of the Farmers Market sign be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen explained that the Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations has scheduled two projects for 2006 through 2008 in the City. Late in 2006, MN DOT is preparing to install crossbars at the Front Street and Highway 65 crossing. The City would normally pay 10 percent of the project but since the City agreed to close the South Washington Avenue crossing, the State agreed that there would be no City portion on this project. The second project is scheduled for 2008 and involves installation of gates at the Newton Avenue crossing. The estimated City portion of this $200,000 project is $20,000.

After Council discussion, Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-84, approving the rail safety improvement projects, be approved. 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

05-84 included with these minutes.)

City Manager Simonsen reported that the Engineering staff is requesting permission to abandon the City well located on Front Street which was given to the City in the early 1980’s by Alliant Energy. At that time, it was believed that the well may be used for the City water supply. However, the City does not have a current or future need for this particular well. If the well is left open, the well possesses risks to the City. Specifically, it is a large conduit for ground water contamination and the well house is significantly deteriorated and unsightly. According to the City Wellhead Protection Plan, the well should be removed. The staff is estimating the cost for proper abandonment of the well at between $3000 and $50000.

After Council discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that Resolution 05-85, authorizing abandonment of the Front Street well, be approved. 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

05-85 included with these minutes.)

(1) Commended the Freeborn County Pass to Peace for their recent efforts to incorporate peace and non-violence into our schools and for their project last week bringing Colman McCarthy into Albert Lea.

(2) Thanked Dan Dorman, bonding chair, for all his help this year. Albert Lea and Freeborn County really responded and got a lot from his efforts this year.

(3) We received notice that we are now a certified local government, one of 2000 to 2500 cities in the United States. This works well with our Historic Preservation Commission. You will be hearing more about that.

(4) Congratulated the Park and Recreation Department for being named a Tree City USA again.

First Ward, Councilor Rasmussen:

(1) Has received concerns about potholes. Is there any plan to address this issue? City Engineer Jahnke reported that Ulland Bros. should be making bituminous soon and the City will begin the process of filling these potholes.

(2) Talked with residents in the Ridge Road area between Garden Road and The Fairway and they are having a significant amount of trouble with water drainage on their street and the tree roots are starting to tear up the curb, gutter and street. Requested a cost analysis on what it would take to remedy the situation.

Second Ward, Councilor Erdman:

(1) Received a complaint about West William between Washington and St. Mary’s Avenue in front of the Eagles. The whole block is in very tough shape. The Festival of Bands will be using that street this summer. Is it possible to do an overlay or at least repair it?

(2) There are only 35 certified local governments in Minnesota, Albert Lea is number 36 of 877 municipalities. This allows us to go after survey and planning grants from the State Historical Preservation Office and also the National Park Service. He commended City Manager Simonsen and City Planner Graham for their efforts for Phase 3. This opens doors for the downtown and rehabilitation of the downtown area.

Third Ward, Councilor Marin:

(1) Thanked the Police Department for putting the speed monitor sign on Highway 13.

(2) Previously requested the staff look into changing the speed limit on West 9^th Street from 30 to 45 mph. He is renewing that request.

(3) At the corner of South Fourth Avenue and Plainview Lane, there is an extreme flooding situation that occurs just about every time it rains heavily. Some of the residents have dealt with the situation for 20 years. We need to get to the bottom of something for those constituents. He thanked City Manager Simonsen and City Engineer Jahnke for going down and looking at the situation. We do have some information for the installation of tiling behind some of those houses; however, in his opinion that is only a bandaid. He requested that the Engineering Department be directed to investigate the possibility of installing a fenced retention pond on the property between Shady Oaks and Korner Mart.

(4) Going east on Plainview, some houses on the south side flood when there is heavy rain. He requested the staff investigate a better situation with the ditch that runs behind the property. We need to come up with something positive for those residents. He previously requested the City consider relocating those residents and was told there was no money to do that. Please aggressively investigate some possibilities of getting that remedied for them.

(5) Requested a reduced speed on Front Street in front of Sibley and Southwest schools to 20 mph when school is in session from 8-4 Monday through Friday.

Fifth Ward, Councilor Severtson:

(1) Noticed that the crosswalks in front of the courthouse have been painted. He asked whether we would be putting up permanent crosswalk signs. City Manager Simonsen noted that the County Administrator has requested signs be installed at these locations. The Engineering staff is requesting a week or two to investigate this possibility. Other communities are recommending against it. The signs are flexible and people may target them.

(2) People would like an update on the flooding around the Union Center and the Moose. Ms. Simonsen noted that she is waiting to hear from Representative Dorman. We will be working with him on that situation. Albert Lea was not specifically identified as a recipient of relocation funds so we will need to apply for funds to relocate those businesses. She is waiting to hear the details.

(3) There are also concerns for clean-up behind the Culligan building.

(4) The VFW is in charge of the Memorial Day Parade this year and they are requesting permission for the parade with a police escort on May 30. He moved to approve this request. Councilor Erdman seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the request granted.

Councilor Marin moved, Councilor Rasmussen 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, May 9, 2005. 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 April 26, 2005

 /S/ Sandi Behrens                                                                          /S/ Jean Eaton                                                      

Secretary of the Council                                                                 Mayor 

Old City Council Minutes

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