Albert Lea, MN  

May 9, 2005

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, Jeff Fjelstad, John Severtson, Al Brooks and Mayor Jean Eaton. Absent was Councilor George Marin. 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 and KATE Radio.

The Pledge of Allegiance was recited.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF APRIL 25, 2005.

 

(b) LICENSES APPROVED:

ANNUAL LICENSES

Billiards/Pool Tables

Chasers, 1119 South Broadway, Albert Lea

 

Fireworks

Phantom Fireworks, 555 Martin Luther King Jr. Boulevard, Youngstown, OH

 

Mechanical Amusement Devices

Chasers, 1119 South Broadway, Albert Lea

 

Plumber

Owen Aasness, 1120 West 9^th Street, Albert Lea

TEMPORARY LICENSES

Off-Premises Liquor Sales

Jaxx Pub & Grub, 137 East Clark Street, for a baptism/first birthday dance at the National Guard Armory on Sunday, May 15 from 8 p.m. to midnight

 

Public Dance

Raul Herrera, 129 Elizabeth Avenue, for a baptism/first birthday dance at the National Guard Armory on Sunday, May 15 from 8 p.m. to midnight

(c) RESOLUTION 05-86 ADOPTED – CLAIMS: Resolution 05-86 presents the financial claims of the City.

(See Secretary's Original Resolution

05-86 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. Mayor Eaton declared the motion carried and the consent agenda items adopted.

Mayor Eaton announced that she is requesting the addition of an item approving a parade route for the deployed soldiers, the addition of a resolution authorizing a grant agreement, the deletion of the Chapeau Shores 10^th Addition Development Agreement/Final Plat and the deletion of the resolution accepting the bid for Job 0407.

Councilor Severtson moved, Councilor Fjelstad seconded, that the additions and deletions outlined by the Mayor be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the changes accepted.

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

• Regarding the complaint that cement trucks are being washed out on East Hawthorne, she reported that this and any other public facility should not be used as a truck wash; however, the companies want to wash out these trucks as soon after a job as possible. This activity usually occurs in the spring and typically when the companies wash down they do a good job, but occasionally they do leave a pile in the gravel at that site. Staff has talked to the two local companies in the past and written letters asking them to stop dumping on the gravel.

• As requested, the Street Department graded Cato Drive and the east end of Hawthorne today.

• Pertaining to the question about the rock piles at the Blazing Star Landing, the City currently has three different piles of material at the landing. One to 1.5 inch rock comes from Martin Marietta out of the Harris Quarry at Northwood, IA. It is used where clean rock is needed. The pile of recycle came from the Farmstead site and is used as needed. The third pile is rock that Ulland’s crushed for its own use but it was traded for sweeper time on the Richway Drive overlay last year. The Street Department uses the rock in alleys and gravel streets where smaller clean rock is needed.

• With regard to the rock coming from Iowa, both Ulland’s and Martin Marietta get rock from the same rock formation. The company from which the City obtains rock depends on material availability, the availability of trucks to deliver the material and the price at the time the rock is ordered. The City does not go to the Iowa quarry because of the need for medical cards to cross the state line.

• As to the request for information about the footage on Hatch Bridge, the bridge deck is 93 feet 8 inches long and the channel will be approximately 34 feet wide during normal water.

• Councilor Rasmussen requested a feasibility report on the water drainage problems on Ridge Road. The road is showing its age and the curb drains water poorly because the large trees in this roadway have heaved up the concrete. The Utility Department recently televised the sanitary sewer and storm sewer and the tapes have not been reviewed. If the sanitary sewer does not require replacement, the estimated project cost is approximately $185,000.

• Councilor Erdman complained about the condition of West William between Washington and St. Mary’s Avenue. There is a seven inch concrete section of roadway which was installed in 1950. The road is pitted and has several potholes. This is a section of roadway that is repaired every spring by the Street Department and every winter the frost/thaw cycle pops out the majority of the patches and repairs. The Street Department repaired the holes last week. This road is not currently on the Capital Improvement Program but warrants ranking. A cost estimate will be completed and the street will be ranked and placed in the program for replacement when the Council is able to allocate funds for this project.

• Councilor Marin requested a speed limit change on West 9^th Street from 30 to 45 mph. In order to make this change, a request would need to be made to the Minnesota Department of Transportation for a speed limit study. The Council passed a resolution to do this study in July 2003. Since a portion of West 9^th is still under the road authority of the Albert Lea Township, it is necessary that the township pass a resolution requesting the study. A sample resolution was sent to the township in April 2003, November 2003 and October 2004. The township has not yet passed this resolution so a speed limit study will not be performed.

• Councilor Marin also asked for the installation of a stormwater pond on the property between Shady Oaks and Korner Mart to alleviate flooding on South 4^th Avenue and Plainview. Engineering has looked at the possibility of installing a detention pond in that area and made the following observations. (a) The property is private and would need to be acquired. (b) The property is currently a divide in the watershed with the flow from northerly properties directed north and the flow from southerly properties flowing south. During a heavy rainfall, it has not yet been determined if the flow pattern changes. This needs to be evaluated. (c) Although placing a detention pond at this location may help slow water flow, the properties east of 4^th Avenue and north of Plainview would still have a very large area draining onto them and they would continue to have flooded backyards if a detention pond is put in at this location. As part of the 8^th Avenue lift station upgrade, this area will need to be looked at further to determine if there are any good alternatives to detain water.

• Councilor Marin asked for solutions to the stormwater problems behind the houses on the south side of Plainview Lane. The drainage in this area runs to an open ditch south of these properties on City-owned property. This ditch inlets into a 42-inch stormwater sewer system that goes to the spark Avenue Storm Lift Station. This station services the entire area east of 4^th Avenue and South of Front Street all the way to South Broadway. During heavy rainfall events, it cannot keep up with the rainwater. The open ditch behind the houses as well as the open ditch area south of the City Garage between Lincoln and South Broadway act as a detention pond until the spark Avenue Lift Station can catch up. There is not a simple fix to this problem. Increasing the size of the stormwater pumps is not a solution. All of the piping exiting into the Spark Avenue Lift Station was designed based on the existing pump sizes. In order to make the lift station larger at Spark Avenue, the entire stormwater system from Spark to Albert Lea Lake would need to be replaced. The Utility Department is going through the storm sewer system and there are no problems in the system.

• Councilor Marin requested a reduced speed on Front Street in front of Southwest and Sibley Schools. Both the Minnesota Department of Transportation Manual on Uniform Traffic Control Devices and State Statutes have very specific rules regarding reducing speed limits near schools. There is also a Guide to Establishing Speed Limits in School Zones. Until 1975, reducing speeds in school zones was prohibited. There were very few accidents in this area over the last five years and no changes are recommended by the School District.

• The request for a pedestrian crosswalk near the Courthouse is on the Council’s agenda.

• Councilor Severtson asked for an update on the East Main flooding. The City has been notified that the bonding bill did include funds for relocation of businesses with recurring flood issues. The funds will come from DEED, DNR, FEMA and in-kind City donations. A resolution authorizing a grant agreement is on this agenda.

• Councilor Severtson asked about a clean-up behind the Culligan building. The Inspection Division will continue to work on this area.

Mayor Eaton read the rules for addressing the City Council.

David Shoff, 803 East Richway Drive, noted that he had met with the City Manager, City Engineer and the Human Resources Director regarding the scrap iron issue. It was reported that no improprieties were found. Since that meeting, it was found that an employee had acted inappropriately. He stated that because the City is now admitting that an outside person took several thousand dollars of City scrap metal that the Council should conduct its own investigation or appoint someone other than a City employee to perform this function.

Nick Semple, 127 Elizabeth, commented that the City has two-hour parking signs, no parking signs, and 15-minute parking signs throughout the downtown which are not being obeyed. He suggested enforcing the rules or removing the signs. Ms. Simonsen replied that the City had discussed enforcement issues with the Downtown Association and the association is not in favor of hiring a parking enforcement officer. She suggested that individuals noticing violations should call the Police Department.

Sheryl Olson, 112 Hillcrest Road, spoke in favor of saving Cap Emmons auditorium.

Eloise Adams, 1322 Fountain Street, spoke on behalf of Joan Graham. She noted that the group has gathered a list of 1600 names of people wanting to save Cap Emmons auditorium.

Mayor Eaton opened a public hearing for the transfer of the on-sale intoxicating and Sunday on-sale intoxicating liquor licenses from Tim Iverson d/b/a Hot Shots to Chasers IV, LLC d/b/a Chasers, 1119 South Broadway. The necessary notice for this hearing was published on April 28, 2005.

No one appeared to be heard.

Councilor Fjelstad moved, Councilor Rasmussen seconded, that the transfer of the on-sale intoxicating and Sunday on-sale intoxicating liquor licenses from Tim Iverson to Chasers IV, LLC, be approved. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the transfer approved.

City Manager Victoria Simonsen explained that the Greater Jobs, Inc. Board of Directors is requesting the City Council waive the interest on assessments on two properties it owns on 11^th Street and Margaretha Avenue. The interest accrued on the sanitary sewer assessment is over $45,000 and the interest accrued on a bituminous overlay project is over $4000.

Paul Sparks, Executive Director of the Albert Lea Economic Development Agency, appeared to speak to the request. He commented that the property is unlikely to develop in the near future. He stated that the base assessment would be assumed by Greater Jobs but the interest waiver would save Jobs approximately $50,000. He also stated that the sanitary sewer improvement was completed in 1981 and the original bond issue that constructed the improvements was paid off 13 years ago. He noted that as costs go up they are less able to meet the competition.

Council discussion included a question of why the assessments were not paid when sold, a need to encourage economic development, a question of accountability, a question about the Port Authority’s opinion on waiver, the fact that Jobs Inc. is a private entity and the plans for the property.

After Council discussion, Councilor Brooks moved, Councilor Severtson seconded, that the request to waive the assessment interest be denied. On roll call vote, Councilors Rasmussen, Severtson and Brooks voted in favor of said motion and Councilors Erdman and Fjelstad and Mayor Eaton voted against the motion. Mayor Eaton declared the vote tied and the motion failed.

City Manager Simonsen reported that the Fountain Lake Sportsmen’s Club is requesting permission to relocate the "Take A Kid Fishing Day" from New Denmark Park to Edgewater Park on June 11, 2005. The club feels that with the bridge needing replacement, the limited parking and the size of the event that Edgewater Park would be a better location for the event.

Councilor Severtson moved, Councilor Brooks seconded, that the request to move the event to Edgewater Park be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the event move approved.

City Manager Simonsen explained that the Jaycees organization is requesting the use of the Blazing Star Landing directly across from the bike trail on May 14, 2005 to pile sand for sandboxes. The Jaycees will deliver the sand to homes requesting to have their sandboxes filled at a cost of $6 per wheelbarrow.

Councilor Rasmussen moved, Councilor Erdman seconded, that the request of the Jaycees for use of the Blazing Star Landing for its annual sandbox day be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen reported that the Albert Lea Medical Center is beginning asbestos abatement work at the former high school in advance of demolition. They are requesting approval to place a security fence within a public right-of-way along Clark Street and Water Street on the south and north sides of the building. The fencing would be located at or near the back of the curb, thereby closing the sidewalk. She noted that sidewalks are available on the adjacent sides of the street to allow pedestrian traffic in the area. The fence will provide a buffer around the building thus providing a safer and more secure project site.

After Council discussion, Councilor Brooks moved, Councilor Fjelstad seconded, that the request to use the right-of-way be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen stated that the Freeborn County Administrator is requesting permission for installation of pedestrian warning signs at the intersections of Broadway and Pearl Streets and Newton and College Streets on a trial basis over the spring and summer months.

Ron Gabrielson, Freeborn County Administrator, stated that the signs are Minnesota Department of Transportation approved pedestrian warning signs. With the construction of the new government center, the pedestrian traffic patterns have changed. The signs would provide a greater degree of safety for pedestrians crossing these busy streets. The signs are a break-away design and will be used in the spring, summer and fall months of the year. The signs are intended to remind motorists to slow, stop and yield to pedestrians in crosswalks. If the signs don’t work in the next three or four months, they will be removed.

Discussion centered on placement of the signs, using the signs during business hours only, liability issues and uses of the signs in other communities.

Councilor Rasmussen moved, Councilor Erdman seconded, that the request for placement of pedestrian warning signs be approved with the condition that the signs be placed in the morning and removed in the evening and on weekends.

Public Works Director Jahnke requested that the signs be placed on one street or the other to avoid confusion to the public. There are two pedestrian crossings at these intersections and the public perception may be that only one crossing is included.

Councilor Fjelstad asked Councilor Rasmussen to amend his motion to permit the flat portion to remain. Councilor Rasmussen agreed if Staff concurred.

Mr. Gabrielson asked if the signs could be placed on both streets for a temporary period to see if the signs work.

After additional discussion and on roll call vote, all Councilors voted in favor of the motion to permit placement of one sign on each street on a temporary basis with signs placed in the morning and removed in the evening and on weekends and with the understanding that the base may remain in place. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen explained that Fergus Power Pump is requesting a two-week lease of the City’s 6000 gallon tanker. She noted that due to their current workload they are in need of a semi-tanker for a project located in Faribault. The tanker will be used to haul biosolids and would be fully insured for any damages should they occur. Fergus Power will submit a certificate of insurance for the City’s files.

After Council discussion, Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-87, approving the tanker lease, 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

05-87 included with these minutes.)

City Manager Simonsen reported that the City Council approved Ordinance 65, 3d banning the burning of leaves and brush within the City limits on April 28, 2003. The necessary notice for this hearing was published on April 14, 2005.

Sandra Chapman, 1438 Frank Hall Drive, spoke in opposition to this ordinance. She stated that burning causes lung disease and asthma outbreaks and passage of this ordinance will be taking a step backwards.

Glen McDaniel, 701 Garfield, asked how anyone would be able to burn with the 25-foot requirement from structures and five feet from property lines.

Councilor Fjelstad moved that with the absence of Councilor Marin the ordinance be tabled to the next City Council meeting. A motion to table is not debatable.

(See Secretary’s Original Ordinance

92, 3d included with these minutes.)

City Manager Simonsen explained that the City Council recently authorized the orderly annexation of property south of Hammer Road between Bridge Avenue and Sorensen Road. At its May 3 meeting, the Albert Lea Township considered the orderly annexation and voted to table the issue pending more information regarding wildlife and watershed concerns. The City adopted a growth and sustainability amendment to the Comprehensive Plan in 1995 which identified undeveloped areas within the urban/rural development boundary that could be expected to develop within the next 20 years as a guide to annexation and capital programming. Annexation of the Goose Lake area is consistent with the growth and sustainability plan. The Planning Commission discussed the annexation at its workshop meeting on April 28 and there was general support for the annexation.

Don Hanson, 2301 Stevens Street, feels that residents in the area have been misinformed. Some people think annexation will lead to the draining of the swamp in the back of the properties. This will not occur. He is opposed to annexation of his property.

Lance Anspach, 2060 Hammer Road, stated that he was under the impression that both governmental agencies were working together to decide what is best for everyone involved. He suggested that all the facts be gathered prior to annexation.

Stan Reichl, Albert Lea Township Supervisor, told the Council that the Township is interested in receiving answers to questions from Fish and Wildlife and the Watershed Board relating to the Tiger Hills Development project. Once those issues are resolved, the Township can hold a special meeting and get the annexation approved.

Ray Hangge, 1713 South Shore Drive, spoke in opposition to the annexation of the wildlife area.

Tom Tubbs, 2734 Campus Lane, urged the City Council to listen to Mr. Hangge. He also stated that the Planning Commission didn’t understand the ramifications involved in this issue. He urged the City Council to be very concerned about the wetland habitat in that area.

Ms. Simonsen told the Council that the U.S. Fish and Wildlife had not distributed their statement yet but it should be coming in the next week. She reminded the Council that the area is becoming urbanized with three new housing developments in the area and 6000 cars per day on Hammer Road.

Mayor Eaton read the letter received this afternoon from Stan Reichl stating his belief that as long as the issues expressed by the Watershed Board and the Fish and Wildlife Service have been addressed and resolved to everyone’s satisfaction, that the Township Board will approve the orderly annexation of the Blumer, Smeby and Schlede properties to gain access to the Tiger Hills Development area. He also stated his belief that the Board will approve the orderly annexation of the two Sather parcels, the two Madrigal parcels, the McMullen parcel and the Chisholm parcel on Stevens Street. The letter will be placed on file.

After Council discussion, Councilor Severtson moved to accept the proposal received in the letter from Mr. Reichl. Councilor Rasmussen seconded the motion.

When asked, Cathy Rofshus, Administrator for the Shell Rock River Watershed Board, stated that the Board hasn’t taken an official position on this issue but will probably discuss it at the next meeting on May 17. She noted that unless the City or Township requests, they will probably not take an official position.

Council discussion included the fact that the area is becoming urbanized and that hunting probably shouldn’t be permitted, a desire to see the housing project proceed in a timely fashion, intent to leave the wildlife area as is and a potential problem with ample tax base to maintain Hammer Road. Mayor Eaton asked the Jenson’s their position on annexation.

Nancy Jenson, 519 Albert Lea Street, told the Council that they aren’t ready to commit to annexation. They have found reasons both pro and con but need to discuss this issue in more detail and get answers to their remaining questions. She stated that the annexation is pivotal on getting the information from the Federal Government.

Thad Jepson, Albert Lea, spoke in opposition to building around the lake.

Councilor Erdman asked the City Manager to explain the tax sharing with the Township. Ms. Simonsen explained that when the City annexes a parcel of property from the Township as a transition buffer for the revenue, the City continues to pay 50 percent of the taxes for five years to the Township.

City Manager Simonsen requested the annexation area be amended to include Hammer Road. The Councilors introducing and seconding the motion agreed to the addition.

On roll call vote, all Councilors voted in favor of said motion for orderly annexation including Hammer Road. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-88 included with these minutes.)

Township Supervisor Stan Reichl stated that as soon as the Fish and Wildlife position has been released, the Albert Lea Township will conduct a special meeting for approval of the orderly annexation.

City Manager Simonsen presented the agreement for completion of subdivision and planned development for the Real Estate Equities Addition located on Stevens Street.

Shane Wright, St. Paul, representing Real Estate Equities Development, appeared to answer any Council questions. They hope to have construction equipment on the site in about three weeks with groundbreaking to occur June 1 or 2. Mr. Wright commented that 70 percent of the property is under contract.

After Council discussion, Councilor Erdman moved, Councilor Fjelstad seconded, that the Real Estate Equities development agreement 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

05-89 included with these minutes.)

Mayor Eaton requested approval of a parade route to welcome back the Delta Company in June. The Route would begin at New Denmark Park to Fountain Street to Broadway to the Eagles where they will be dismissed.

Councilor Severtson moved, Councilor Brooks seconded, that the request for the parade route be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the route approved.

City Manager Simonsen explained that the Albert Lea Economic Development Agency is requesting the City release the assessment liens to clear title for property being sold to Marty and Jane Adams legally described as Lot 3, Block 2, Community Development Plat #4.

Paul Sparks, Executive Director of the Albert Lea Economic Development Agency, reported that the assessments on this property have been paid. The property was acquired from tax forfeiture and the process for releasing the liens wasn’t the normal one and therefore was inadvertently omitted.

Councilor Fjelstad moved, Councilor Rasmussen seconded, that Resolution 05-90, releasing the assessment liens, 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

05-90 included with these minutes.)

City Manager Simonsen reported that this resolution approves a legal description and survey for Marty and Jane Adams regarding lots of record within the B2 Community Business District located at the corner of Ekko Avenue and Sykes Street.

Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-91, approving an administrative survey, 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

05-91 included with these minutes.)

City Manager Simonsen reported that representatives of the Minnesota Department of Natural Resources, Parks and Recreation Department and the Bayside Ski Club recently met to discuss the Edgewater Beach Project. The two main DNR requirements for the project are that no sand will be used and the City will mitigate the shoreline at a two to one ratio somewhere else on Fountain Lake. City staff has identified approximately 400 feet of shoreline near the current public beach to mitigate. The method of mitigation includes placing field stones in the water, installing a pre-vegetated mat and an upland pre-vegetated mat. The estimated cost of the work is $25,000. The estimated cost of the project at the Edgewater site is an additional $20,000. She noted that City staff will continue to work with the Ski Club and the DNR regarding the project and the feasibility of pursuing and financing the project this year.

No action was taken on this item.

City Manager Simonsen noted that the City has received a request from the Albert Lea Community Theatre to renew its lease for the 2005-2006 season. ACT is prepared to enter into a lease with the City for the rent of $7400 for four plays to be held between September 2005 and May 2006.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-92, accepting the ACT lease for 2005-2006, 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

05-92 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes the City Manager to enter into a grant agreement with the Minnesota Department of Employment and Economic Development for the appropriation grant to implement the flood recovery mitigation project for the East Main Street area. This would be funded through bonding funds as well as matching funds through both the State and Federal government.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 05-93, authorizing a grant agreement, 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

05-93 included with these minutes.)

(1) Offered best wishes to J. D. Carlson of the Police Department who is being deployed June 16.

(2) Reminded residents of the Hometown Pride Day scheduled for May 21 with a free day at the transfer station. She noted that the County will also be conducting an environmental service day at the fairgrounds on that day.

(3) Wished good luck to the City’s team including Steve Schwab, Rhonda Krcil and Ethan Berg in the Land Between The Lakes Triathlon.

Second Ward, Councilor Erdman:

(1) Thanked the Engineering and Street Departments for fixing the potholes on West William Street. He noted that the same person who complained called to thank him for the repairs.

(2) Requested the Acting Fire Chief Paul Stieler come to the podium and explain the steps necessary when complaints are received about properties. Chief Stieler enumerated the steps required for junk cars, junk in yards and dilapidated buildings as follows:

 

Junk Vehicles

A vehicle is placarded and given two weeks to bring into compliance. After two weeks, a second notice is sent notifying the owner of possible legal action or towing. The third notice informs the owner of the towing date.

 

Junk in Yards

A verbal notice is given to the renter or property owner regarding the violation. Depending on the type and extent of violation, the party will be given one week to one month to clean up the property. When re-inspected, if the work is in progress, the inspector may grant an extension. If no work has occurred, a second notice will be mailed to the party stating the need to clean-up the junk or face legal action. As a last resort, inspectors will have the garbage removed and a citation is issued.

 

Dilapidated Buildings

The inspectors can only address issues on the exterior of a home unless the property owner or renter invites the inspector into the building. A written order is given to the property owner. If no progress occurs, the building may be placarded. If a placard is placed on the property, the owner has six months as required by City Code to remediate the problem before any further action is taken.

 

(3) Read excerpts from the City Code relating to dogs and cats including limitation on ownership, litters, licensing, dogs at large and sanitation.

Fourth Ward, Councilor Fjelstad:

(1) Asked about requirements for barking dogs. Councilor Erdman responded that barking dogs are included in the nuisance animal section. City Manager Simonsen suggested the complainant call the Police Department.

Fifth Ward, Councilor Severtson:

(1) Asked if staff could meet with the property owners at 109 and 111 Lake Avenue relating to a property dispute. City Manager Simonsen replied that staff has met with the property owners and have advised them that this is a civil dispute. She will write them a letter explaining this and recommending they contact a private attorney.

(2) Reported that there are no crosswalks painted at Garfield and Main and also at Washington and Main. City Engineer Jahnke stated that these intersections are scheduled for painting.

(3) Suggested the City set up a phone bank to take public input regarding the leaf burning issue.

(4) Asked whether the other Councilors want to pursue the scrap metal investigation and also the sludge issue. City Manager Simonsen stated that Councilors Rasmussen and Marin sat in on the initial investigation and everything seemed settled at that time. Since then personnel have come forward with different information. We have put procedures into place and this policy will be followed. Councilor Erdman stated that he is satisfied with the staff findings on this issue. Erdman also noted that he has talked with the Chief Operator at the Wastewater Treatment Plant and it is his opinion that there is confusion with the sludge issue, not any mishandling. City Manager Simonsen stated that she will update the two Councilors. Erdman stated that he would go along with their findings.

(5) Noted that he was invited to the museum to observe the high school students teaching elementary school students about history. He was very impressed with the program.

(6) Reported that the V.F.W. is looking for pledges for the planned veteran’s memorial.

Sixth Ward, Councilor Brooks:

(1) Has received reports that the driveway at 206 East 11^th Street gets washed out during heavy rains. He has also received reports from the New Hills Condominium that water runs over 19^th Street during heavy rains.

(2) Has received a request from the residents from 1402 Manor through 1424 Manor that they do not want the sidewalk in front of their properties replaced. He moved to not replace the sidewalks on those properties. Councilor Erdman seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

Councilor Rasmussen 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, May 23, 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 May 10, 2005.

 /S/ Sandi Behrens                                                                          /S/ Jean Eaton                                                      

Secretary of the Council                                                                 Mayor 

Old City Council Minutes

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