Albert Lea, MN January 10, 2005
Jill Marin, Grace Christian 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.
ROLL CALL
Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, Al Brooks and Mayor Jean Eaton. Also present were City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, KAAL-TV and KIMT-TV.
The Pledge of Allegiance was recited.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 27, 2004.
(b) RESOLUTION 05-1 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-1 approves St. Theodore’s Church application for a raffle on April 2, 2005.
(See Secretary’s Original Resolution
05-1 included with these minutes.)
(c) RESOLUTION 05-2 ADOPTED – CLAIMS: Resolution 05-2 presents the financial claims of the City.
(See Secretary's Original Resolution
05-2 included with these minutes.)
Councilor Brooks 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.
MINNESOTA DEPARTMENT OF PUBLIC SAFETY PRESENTATION
Jean Ryan of the Minnesota Department of Public Safety and Brad Coleman, the Minnesota Traffic Safety Liaison, presented a speed display board valued at $3500 to the Albert Lea Police Department. The ALPD participated in an impaired driving mobilization and was one of six agencies in the State that won a speed board. The purpose of this program is to try to educate people and reduce traffic accidents and fatalities. Mr. Coleman commended Chief Menning and Lt. Strom for their efforts in this program. He noted that the program requires education and enforcement.
Chief Menning told the Council that Lt. Strom spearheads this effort in Albert Lea and that it is due to his energy and commitment that the Safe and Sober Campaign has a positive effect in Albert Lea.
FOLLOW-UP TO PUBLIC CONCERNS
Public Works Director Steve Jahnke addressed questions and concerns expressed at the previous meeting on behalf of City Manager Simonsen as follows:
A question was raised as to why Mrs. Behrens’ husband is being paid for elections. Mrs. Behrens’ husband did assist in the manual labor necessary to set up the election locations. He was paid accordingly.
A question was raised about scrap iron at the City Garage. Scrap iron from the City Garage is sold at two different locations. Robert Oakland picks up the metals that the Street Department collects and the Utility Department’s metal is brought over to Jennings Recycling in Austin. The money is deposited in the General Fund.
Pictures of past mayors posted in the lobby were removed to accommodate a bulletin board. They are currently in storage until we find another location or donate them to the Historical Society.
A question was raised as to why the City is in the real estate business. The Hanson Building was purchased to be demolished for parking. There is potential that there could be some underground parking in the Lea Center Building. The City is committed to providing 42 parking stalls for the Lea Center project. This could be provided in a number of locations.
Councilor Marin asked the staff to look into an ordinance limiting the loudness of car stereos. This has been considered on several occasions. The City’s Inspection Division has collected samples of ordinances from other communities. We can put this together for a workshop agenda in February.
Councilor Brooks asked the staff to look at the Frank Avenue assessments. The Frank Avenue project was done in 2001. The initial public hearing sets the rates for assessment at $78.18 per foot. The assessment hearings were called and the project was done. The assessments were based on an engineering estimate. The actual project came in 9.4 percent lower than the engineer’s estimate. On some projects the assessments are lowered by the percentage under the estimate. In this case, the estimated total project cost came in just over $1 million with the actual cost being $914,600. In this project 67 percent of the cost was paid by the City and 33 percent was paid by the homeowners. Because such a large percentage of the project was paid by the City, the decision was made that the assessments would not be lowered on this project.
In the work session, someone asked about putting no parking on streets narrowed by snow, specifically Park Avenue and Harriet Lane. Additionally, it was requested that the City consider alternative parking for snow plowing with parking permitted on the odd side on odd days and the even side on even days. This has been looked at several times by the Public Works Department and it is the Director’s recommendation to continue doing it the way we are. Particularly when there is an issue with the road being tight, it is a parking enforcement issue, a car sitting in one spot for one or two days. If people do have a problem with cars sitting on the street, call the Street Department.
A request was made to call landlords if water is to be shut off. This has come up several times over the years. The Finance Department has informed landlords that they can have the bills sent directly to the landlord or they can call monthly to check on the status. City staff can check into further options if the Council chooses, particularly after the year end closing is complete.
An inquiry was made as to the amount of money being spent on publishing legal notices. In 2004, the City spent $19,750 in the Albert Lea Tribune for legal publications.
A question was raised as to whether the Larryland Subdivision Developer’s Agreement contained a damage or liability clause if the roads are damaged. There are two different sections in the agreement which address damage to the roads.
PUBLIC ITEMS
Mayor Eaton read portions from the Council Procedures Resolution. Each person addressing the Council is to step up to the microphone, give name and address and may speak for five minutes. Questions shall be addressed to the presiding officer who may refer the question to the City Councilor or City Manager for comment. Any question addressed to the presiding officer may be ruled out of order by the chair with a motion and second by the City Council for the issue to be discussed further. If there is a large group wishing to speak on behalf of a topic, it is hoped that the group will choose one person to address the Council to avoid repetition.
Roger Bok, 1012 Cato Drive, requested the Public Works Director repeat the Manager’s item dealing with iron from the City Garage. Mr. Jahnke complied. Mr. Bok then asked if the receipts are available and Mr. Jahnke replied that the receipts may be viewed at the Finance Department. Mr. Bok disagreed and noted that he would bring the issue up to the City Manager. Mr. Bok noted that he had brought up Stevens Road to Jahnke and asked why the driveway wasn’t filled in on the east side of 2213 Stevens Road. Mr. Jahnke stated that he would look at it. Mr. Bok responded that Mr. Jahnke had previously responded that the property is outside the City. Mr. Bok reported that the 300 block of East William needs to be plowed. Mr. Bok also reported that the east side of Margaretha needs to be taken care of. Mr. Jahnke responded to the Stevens Road complaint that the frontage on Stevens is in township control.
George Gillespie, 327 Lloyd Place, told the Council that he understands that there are only two ways to recall a public official yet in 1996, the public voted that a recall is authorized for persons convicted of a serious crime. He believes that the City Charter is in conflict with State law.
Mark Jacobs, 2505 South Shore Drive, asked how the City will differentiate between wood stoves, fireplaces, furnaces and boilers. He noted that he burns wood in his home. He asked why the City is considering legislating this issue if only a few are complaining about one furnace.
Dennis Lowe, 1906 Johnson Street, explained that he has invested several hundred dollars into his system. He enjoys the practice of cutting wood and noted that his wood is dried and cured so it doesn’t smoke.
Dawn Egge, 1122 Crestview Road, commented that she was not allocated her full five minutes at the last meeting. Ms. Egge thanked Councilor Fjelstad for representing her and Councilor Marin for standing up for what he believes in. She noted that she doesn’t mind paying taxes but that she objects to using her tax dollars to pay the Mayor’s wages. She commented that the mayor did a good job up to December 2 but that she should now step down.
Jon Hibbard, Albert Lea Electro Plating, asked about the storm water utility. He explained that his company filed for a storm water exemption with the state. He feels that it is unfair to be exempt from State requirements but not from City requirements. He said he would rather the fee be collected as part of his property taxes rather than through a utility.
John Cook, 615 St. Peter Avenue, told the Council that he is home on leave from Afghanistan. He said that the Albert Lea troops stationed there heard about the charges against the Mayor and feel that she should step aside and allow someone else to take care of City issues until her personal issues are resolved.
RESOLUTION 05-3 ADOPTED - AUTHORIZING FUEL STATION AND PUBLIC DOCK
City Attorney Schwab reported that members of the community have come forward and have made a request for the City to sanction the installation of a temporary fueling facility and an additional public dock near the channel on Fountain Lake.
Susie Peterson, 1716 Bay Oaks Drive, asked that the City Council approve a temporary fuel station on the lake. She noted that a public dock would permit others to use the lake.
Mayor Eaton noted that the group is raising funds and that no public funds will be included in the effort.
Johnny Houg, 71912 240th Street, commented that today’s boats are made to be filled at a fueling station, they are not conducive to fuel cans. He feels that this will be a great asset to the community.
City Attorney Schwab noted that there will be some jaywalking. He commented that from a legal standpoint this will not be a problem and that the Department of Natural Resources has okayed this installation.
Councilor Brooks reported that a presentation was made to the Park and Recreation Board and that it was approved unanimously.
Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-3, authorizing a temporary fuel station and an additional public dock on Fountain Lake.
After additional 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
05-3 included with these minutes.)
REQUEST TO PURCHASE LAND TABLED TO NEXT MEETING
City Attorney Schwab reported that the City had received a request from Steven and Barb Olson to purchase Lot 3, Block 2, Dawn Acres, from the City for a purchase price of $10,000 with the City providing clear title and paid assessments.
Councilor Brooks requested that this item be tabled to the next regular Council meeting on January 24 to permit time to discuss this purchase with the Olson’s.
RESOLUTON 05-4 ADOPTED – APPROVING BURNING BAN EXEMPTION
City Attorney Schwab explained that the Audubon Society is requesting an exemption to the burning ban within the City Limits to grant permission to burn numerous acres of buckthorn from a 12 acre parcel owned by the Society. The Audubon Society will be working with the Sentence to Serve crew to cut and burn the buckthorn. Because of the quantity involved, the Society does not feel it is efficient to remove the buckthorn to the City transfer station. He noted that the staff is recommending the exemption be granted only if the burn is coordinated and supervised by the Fire Department.
Paul Moore, a member of the Albert Lea Audubon Society, explained that 12 acres of buckthorn is a substantial amount. He noted that buckthorn is very invasive. The Society feels that the burn will enhance the property and wildlife and habitat on that property.
Karen Arett, 419 Oregon Street, commented that the neighborhood is 100 percent behind the Audubon Society but they are very concerned with the burning issue. She noted that there are currently deer, fox and other wildlife in the area and she feels the current wildlife will not return. She would prefer that the buckthorn be cut and hauled away.
Fire Chief Sydnes explained that he was approached last fall regarding the issue. He was concerned that a burn would spread to the abutting residential area or to swamp grass in the area and the trucks couldn’t get into the property. He recommends that the weed be cut, piled in small piles and burned. He also noted that the department should be present while burning is occurring to assure weather conditions are right. He also commented that the Street Department has offered to haul the buckthorn away but the Society felt it would be too hard to bring the weed to the road and they didn’t want to take down the fence.
Paul Moore told the Council that the buckthorn has not yet been cut and that the Society wouldn’t object to taking down the fence and letting the City trucks haul it away.
Jon Hibbard, 401 Meredith Road, suggested the City may want to consider chipping the buckthorn as it may be less expensive than having the Fire Department on site.
Councilor Brooks asked Mrs. Arett if the neighborhood had a problem with burning the buckthorn in small piles. Mrs. Arett responded that it would depend on which end of the street the piles would be burned. She is mainly concerned that burning will destroy the wildlife in the area.
Paul Moore commented that it is the intention of the Society to restore the property to a natural state. He noted prairie grass would be planted and that the buckthorn is a cover for the deer living there. Mr. Moore said that the Society wants to take care of their own property and that the deer will leave with the removal of the buckthorn.
After additional discussion, Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 05-4, approving the burning ban exemption requested by the Albert Lea Audubon Society with the understanding that the burn will be coordinated by and under the supervision of the Albert Lea Fire Department. 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
05-4 included with these minutes.)
REQUEST TO BAN WOODBURNING FURNACES DENIED
City Attorney Schwab reported that the City Council received a petition from members of the public on October 25, 2004 requesting that the City enact an ordinance banning woodburning furnaces in the City. Over the course of the past several months staff has met with representatives of the neighborhood who have been negatively impacted by the smoke created by a neighbor’s furnace. After a review of local and state ordinances, it does not appear that there are other communities in Minnesota that have enacted a ban on woodburning furnaces. According to the Inspection Division, this particular solid fuel burning boiler is UL approved and was installed pursuant to manufacturer’s specifications. It does not violate the uniform fire code or the uniform building code. The owner extended the smokestack by three feet on request. The neighbors are still complaining about the smoke nuisance. The Minnesota Pollution Control Agency recommends opacity testing as the only means of positively identifying whether or not a specific boiler is violating pollution control laws. Mr. Schwab told the Council that they can do nothing, pass an ordinance banning the furnaces, regulate the furnaces or pursue a criminal charge for public nuisance. He reminded the Council that testing must be done if criminal charges are to be considered at a cost of $900 to $1000 per test.
Jim Anderson, 1630 Oakhurst Road, told the Council that they need to see the pictures and video. He believes that because the City issued a permit and authorized installation that the City is responsible for regulating the furnaces. He explained that the furnace is reducing the quality of life for the neighborhood. He is located 30 feet from the structure housing the furnace and the smoke infiltrates his home. He also noted that occasionally flames come from the smokestack.
Marilyn Claassen, 1221 Foothills Circle, told the Council that she has had woodburners. She noted that her brother had the furnace professionally installed, inspected and approved by the City and asked how the City could consider a ban on something that has been used for years. She noted that this is a very upsetting issue for her brother’s family.
Earl Hovland, 809 Ulstad, told the Council that his wood burner smokes for 15 to 20 minutes when it is first lit but then it clears up. He has burned his unit for eight years and has yet to receive a complaint. He believes that the neighborhood should resolve this dispute.
John Forman, Alamco, told the Council that the company burns wood and that it has invested $200,000 in the equipment. Alamco estimates an annual savings of $60,000. He also stated that the State of Minnesota is in the process of outlawing the placement of wood in landfills. The Mayor asked if Mr. Forman has received complaints and his response was one person had complained. He told the Council that a small amount of glue was on the wood placed in the burner on one occasion. The company has rectified that error and now hauls the glued wood to a hazardous waste site in Missouri.
Pat Corrigan, 814 Frank Hall Drive, told the Council that he uses a wood burning stove at the Rendezvous each year as do many of the participants and recommended the Council not pass the ban.
Dave Stadheim, 1710 Sunset, commended the Council on previous burning bans but requested the Council not ban the burners.
Councilor Marin stated that he had received complaints from the residents around Alamco.
Cindy O’Donnell, 1203 Cedar Avenue, asked the Council to view the video tape. The Council viewed the video at this time.
John Forman commented that he had only received one complaint and noted that the error occurred during a temperature inversion and that several other odors get trapped in a temperature inversion.
Herb Schewe, 1626 Oakhurst Road, told the Council that his property adjoins the Claassen property and at times he has witnessed three to four foot flames and sparks coming from the chimney. He fears his property may catch fire during one of these events.
Mary Jo Claassen, 1215 Cedar Avenue, told the Council that they feel they have followed the appropriate channels and that they are being harassed. She commented that Mrs. O’Donnell chose the dates for filming based on the few days that the smoke stayed low.
Roger Bok, 1012 Cato Drive, questioned why the staff has been dealing with this issue prior to the issue coming before the Council. Councilor Erdman told Mr. Bok that he and Councilor Brooks have looked at this over the past eight months.
Councilor Brooks told the Council that he has received calls from two residents stating that they use these stoves for supplemental heat and that they are worried that they will lose the ability to continue this practice. He also noted that the smoke appeared to clear as he was watching the video.
Jon Hibbard, 401 Meredith Road, proposed the people using the systems be checked for compliance with regulations on an annual basis.
Councilor Erdman moved to regulate woodburning furnaces. Councilor Marin seconded the motion.
City Attorney Schwab told the Council that he had obtained ordinances from two Minnesota cities which require extended stacks. He noted that this would be one of the primary issues the City would require in an ordinance. He reminded the Council that the City may be responsible for paying for opacity testing if it is required.
Councilor Erdman explained that he received a letter from Cindy O’Donnell on May 1, and that the City has inspected, approved and permitted the furnace. He noted that the topography of the area is such that the Anderson property is higher than the Claassen’s and there are lower properties in the area also. He indicated his belief that some form of regulation is necessary.
Additional discussion included whether owners of furnaces would require immediate compliance, a question of who will pay for opacity testing, the fact that this issue should be handled privately and a new to distinguish between furnaces, boilers, fireplaces and stoves.
Cindy O’Donnell commented that there was a system on Canary Drive and the owner chose to remove it.
Jon Hibbard questioned whether a fine would be required if the owner fails to meet compliance requirements. City Attorney Schwab felt that could be included in the ordinance.
Councilor Marin stated that if the Council agrees to banning furnaces it could eventually lead to fireplaces and stoves. He noted that government is to educate first and to regulate only when necessary. Councilor Marin then withdrew his second.
Councilor Fjelstad moved, Councilor Severtson seconded, that the Council do nothing with this issue. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Erdman who voted nay. Mayor Eaton declared the motion carried.
MAYOR’S APPOINTMENTS
Mayor Eaton recommended the following appointments:
Recommending appointment of Iris Tarvestad, 1110 Skylark Lane, to the Charter Commission.
Carmen Morley, 1201 Birch Hill Drive, to the Human Rights Board with a term expiring 12/31/06.
Acknowledge appointment of Jim Stoen, 1107 Marie Avenue, to the Human Rights Board with a term expiring 12/31/05.
Vern Rasmussen Jr. as the ex-officio to the Library Board.
Councilor Brooks moved, Councilor Rasmussen seconded, that the Mayor’s appointments be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointments confirmed.
APPOINTMENT TO HRA BOARD
Mayor Eaton recommended the appointment of Eleanor Verdoorn, Shady Oaks, to the Housing and Redevelopment Authority.
Jon Ford, HRA Director, appeared to answer any questions the Council may have regarding the appointment.
Councilor Brooks moved, Councilor Marin seconded, that the appointment of Eleanor Verdoorn to the Housing and Redevelopment Authority 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.
APPOINT MAYOR PRO-TEMPORE
Councilor Rasmussen moved, Councilor Severtson seconded, that Councilor Al Brooks be named the Mayor Pro-Tempore for 2005-2006. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Brooks who abstained. Mayor Eaton declared the motion carried.
RESOLUTION 05-5 ADOPTED – ADOPTING COUNCIL PROCEDURES FOR 2005
City Attorney Schwab explained that this resolution adopts the Council procedures for 2005. The City Charter provides that the City Council shall adopt its own rules of procedure. This longstanding resolution sets forth procedures for dealing with complaints, questions and input for the coming year as well as rules of order for both Councilors and the public during the meetings.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 05-5, adopting Council procedures for 2005, 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
05-5 included with these minutes.)
CITY ATTORNEY DIRECTED TO DRAFT CITY METHAMPHETAMINE ORDINANCE
Sheriff Mark Harig appeared before the Council in support of a City methamphetamine ordinance. He noted that the Sheriff’s Department has been dealing with this problem for a number of years. The State of Minnesota is considering a statewide ban on precursors, namely ephedrine-based products. He commented that the intent is not to outlaw these drugs but to control availability. He noted that Hy-Vee has already regulated distribution. Placing the drugs behind the counter eliminates shoplifting and also prevents individuals from obtaining the drugs for illegal purposes. Austin has already enacted a methamphetamine ordinance. He also explained that this will be an expense for retailers but noted that the retail association has been a part of the committee and supports this effort.
Councilor Fjelstad asked Sheriff Harig asked how this would affect the penalty phase. He noted that first time offenders usually get suspended sentences and a small fine. He asked why the first offenders don’t do jail time. Sheriff Harig responded that they don’t give excessive fines because the offender couldn’t afford to pay it anyway. On the second or third violation, the offenders go to jail on the first suspended sentence anyway. He also reported that people dealing in cocaine have money and that people dealing in meth don’t have money because they reinvest any money made back into the operation.
Jim Siegel, 2023 Brookside Drive, a member of the task force, explained that he has deep concerns about this issue. He noted that he has worked with recovering meth users. He expressed a need to get this drug out of Albert Lea and Freeborn County. The ordinance would be a step forward and he requested City Council support.
After Council discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that the City Attorney be directed to draft a City methamphetamine ordinance. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.
RESOLUTION 05-6 ADOPTED – NAMING OFFICIAL NEWSPAPER
Councilor Erdman moved, Councilor Severtson seconded, that Resolution 05-6, naming the Albert Lea Tribune as the City’s official newspaper for matters required by law and the City Charter. 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
05-6 included with these minutes.)
RESOLUTION 05-7 ADOPTED – AUTHORIZING 2005 BOND PAYMENTS
Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-7, authorizing bond payments for 2005, 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
05-7 included with these minutes.)
RESOLUTION 05-8 ADOPTED – APPROVING DEPOSITORIES AND SIGNATORIES FOR WITHDRAWAL OF FUNDS AND AUTHORIZING INVESTMENTS
Pursuant to Minnesota Statutes, the City Council must designate at the beginning of the year, the depositories in which the treasurer of the City shall deposit and maintain the monies of the City, identifies the signatories required to transfer or withdraw funds and identifies guidelines for investment.
Councilor Brooks moved, Councilor Erdman seconded, that Resolution 05-8, approving depositories and signatories for withdrawal of funds and authorizing investments, 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
05-8 included with these minutes.)
REQUEST TO WAIVE ASSESSMENTS DENIED
The City received a request from Michael Swenson of Albert Lea Homes, LLC that the assessments included in the Development Agreement for Fountain Lake Pointe Subdivision be waived or reduced due to the fact that the assessments were not certified to the tax rolls as stated in the developer’s agreement.
After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the request to waive or reduce assessments be denied. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request denied.
RESOLUTION 05-9 ADOPTED – AUTHORIZING DEVELOPER’S AGREEMENT FOR FOUNTAIN LAKE POINTE TWO SUBDIVISION
City Attorney Schwab explained that Albert Lea Homes, LLC is proposing to complete the sanitary sewer, water and storm water ponds for the subdivision. The infrastructure will be installed by the developer and none of the work will be assessed. Freeborn Construction has been hired by the developer to perform the work. The City will inspect the work being installed and upon completion will be accepted by the City Council. The storm water ponds and pond system will remain private. The City has received a check for $3704 for payment in lieu of parkland. The City staff recommends approval conditioned on agreement by the developer for payment of assessments for Fountain Lake Pointe Subdivision.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 05-9, authorizing a developer’s agreement with Albert Lea Homes LLC for Fountain Lake Pointe Two Subdivision conditioned on developer agreement for payment of assessments for Fountain Lake Pointe Subdivision. 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
05-9 included with these minutes.)
RESOLUTION 05-10 ADOPTED – AUTHORIZING DEVELOPER’S AGREEMENT FOR LARRYLAND SUBDIVISION
City Attorney Schwab explained that this resolution authorizes a developer’s agreement for Larryland Subdivision, for improvements including site grading, street grading, bituminous street, concrete curb and gutter, storm sewer, watermain and sanitary sewer (Job 0418). The total project cost of $39,356.52 will be assessed to the 24 parcels included in the development.
Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 05-10, authorizing developer’s agreement for Larryland Subdivision, 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
05-10 included with these minutes.)
RESOLUTION 05-11 ADOPTED – APPROVING MHFA CITY PARTICIPATION PROGRAM
City Attorney Schwab reported that this resolution authorizes an application for funding from the Minnesota Housing Finance Agency for the 2005 Minnesota City Participation Program. The program provides loans to first-time homebuyers that fall within the income limits and home purchase price limits, have had ownership training and qualify as a mortgage risk.
Councilor Erdman moved, Councilor Severtson seconded, that Resolution 05-11, approving Participation in the MHFA Program, 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
05-11 included with these minutes.)
SET VALUE OF ONE ACRE OF UNDEVELOPED LAND
City Attorney Schwab reported that it is necessary for the City Council to establish the value of one acre of undeveloped land annually for parkland dedication purposes when new subdivisions are established. City staff is recommending the value be set at $5000 for 2005.
Councilor Marin moved, Councilor Erdman seconded, that the value of one acre of undeveloped land be set at $5000. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the value set.
UNLISTED ITEMS
MAYOR’S ITEMS
(1) Noted that the Lea Center Building construction is underway.
(2) Commended the City Manger and staff for providing meth training for City employees
(3) Welcomed Firefighter Schuhmacher back from his tour of duty in Afghanistan.
WARD ITEMS
First Ward, Councilor Rasmussen:
(1) Asked for information and possible remedies on the sewage problem in the Marie Avenue/Hawthorne Street area.
(2) Thanked the residents of the First Ward for electing him to this position.
(3) Thanked his wife and children for their commitment to his acceptance of the position.
Second Ward, Councilor Erdman:
(1) Welcomed Councilors Rasmussen and Severtson to the City Council.
(2) Commented that he had talked with Scott Kromminga about water shut offs and asked Mr. Kromminga to come forward to address the Council. Mr. Kromminga said that he owns rental properties and Albert Lea is the only City that doesn’t notify the property owner when the tenant doesn’t pay the water bill. He recently had some experience with this. The water was shut off at one of his rental properties. The property has a boiler system which could have caused extensive damage to the property had it gone dry. Councilor Erdman asked that a policy be drafted for Council consideration requiring property owner notification prior to water turn off.
(3) Asked for an update on the meth house on William Street.
(4) Two street lights on Newton, one on Washington and one on Broadway are burned out. Also four or five lights on the small standards on Broadway are burned out.
(5) Reported that the left turn lane signal near Wal-Mart doesn’t change.
Third Ward, Councilor Marin:
(1) Requested the speed display board be placed on Highway 13 in the 40 mph zone north of the school.
Fourth Ward, Councilor Fjelstad:
(1) Congratulated Commissioner Mullenbach for his appointment as Chair of the County Board.
(2) Asked snowmobilers to stay off City sidewalks particularly those along Bridge Avenue.
Fifth Ward, Councilor Severtson:
(1) Thanked the people of the Fifth Ward for electing him.
(2) Reported that people located in the flood zone would like an update.
Sixth Ward, Councilor Brooks:
(1) Requested the staff revisit the decision on assessments for the Frank Avenue project.
ADJOURNMENT – 9:30 P.M.
Councilor Marin moved, Councilor Severtson seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, January 24, 2005. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Brooks who voted nay. Mayor Eaton declared the motion carried and the meeting adjourned.
Filed and attested January 12, 2005.
________________________________ ________________________________
Secretary of the Council Mayor
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