Councilor George Marin, Pastor of 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 Aaron Summers.
ROLL CALL
Present were Councilors Vern Rasmussen, Randy Erdman, Jeff Fjelstad, George Marin, John Severtson, Al Brooks and Mayor Aaron Summers. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, City Attorney Steve Schwab, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune and KATE Radio.
The Pledge of Allegiance was recited.
COMMENDATION
PRESENTED
Mayor Summers read a commendation for Robert Yaw. Mr. Yaw was nominated for this commendation by the Police Chief because he reported suspicious activity that led to the apprehension of two subjects involved in a large theft from the Shopko store on September 20.
Mr. Yaw commented that he hopes more people will report suspicious activity to help keep costs down for consumers. Chief Winkels told the Council that Mr. Yaw gave an excellent description of the individuals, the license number of the vehicle and even followed the vehicle for a short distance. He expressed his appreciation to Mr. Yaw.
ADDITIONS/DELETIONS
TO AGENDA
Mayor Summers requested the following additions and deletions from the agenda:
Add item 7-c Reappointments to the Housing and Redevelopment Authority (five-year terms): Maureen Williams-Zelenak
Marwood Isaakson
Add item 8-j Resolution to Authorize DNR Contract for Acquisition of Flood Property
Delete item 8-e Amendment to Business Subsidy Agreement for Larson Manufacturing.
Councilor Marin moved, Councilor Severtson seconded, that the additions and deletions requested by Mayor Summers be authorized. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the additions/deletions added.
CONSENT AGENDA
(a)
APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF
SEPTEMBER 26, 2005 AND THE SPECIAL MEETING OF OCTOBER 6, 2005.
(b)
RESOLUTION 05-205 ADOPTED – APPROVING LAWFUL GAMBLING PREMISE PERMIT:
Resolution 05-205 approves the lawful gambling premise permit for the
Union Center, Inc. at the Nasty Habit,
(See
Secretary's Original Resolution
(c)
OFF-PREMISES LIQUOR SALES AUTHORIZED FOR
(d)
SET NOVEMBER 10, 2005 AT 5:30 P.M. FOR A WORKSHOP TO HEAR A PRESENTATION
FROM THE COALITION OF GREATER MINNESOTA CITIES.
(e)
CALLED A PUBLIC HEARING FOR THE ISSUANCE OF AN ON-SALE AND SUNDAY ON-SALE
INTOXICATING LIQUOR LICENSE FOR THE
(f)
CALLED A PUBLIC HEARING TO TAKE PUBLIC INPUT REGARDING THE STORM WATER
AND PUBLIC LIGHTING UTILITIES FOR OCTOBER 24, 2005 AT 7 P.M.
(g) RESOLUTION 05-206 ADOPTED –
CLAIMS: Resolution
05-206 presents the financial claims of the City.
(See
Secretary's Original Resolution
Councilor
Brooks
moved, Councilor Erdman
seconded, that the consent agenda items be
adopted. On roll call vote, all
councilors voted in favor of said motion. Mayor
Summers declared the motion carried and the consent agenda items adopted.
FOLLOW-UP
TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
-
In response to a request for the speed sign on
-
With respect to the request for the speed sign on
-
In regard to the complaint of garbage and vehicles at 104 and 110
-
A request to place a deer crossing sign on
-
A request for clarification on semis parking in residential areas was received. City Code states that it is unlawful to park a truck or trailer in a residential district unless the vehicle is in the process of being loaded or unloaded.
-
A question was raised about the dog and cat regulations in the City Code. These were amended at the time the City Code was updated in May 1997. It was not handled by Council ordinance.
RESOLUTION
05-207 ADOPTED – APPROVING
City
Manager Simonsen explained that this is a public hearing to receive input
regarding the submission of a grant application to the Department of Employment
and Economic Development for Pickerel Park Phase II.
Councilor Marin moved, Councilor Rasmussen seconded, that the Pickerel Park Grant Application be approved.
Roger
Bok,
On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the resolution adopted and the public hearing closed.
(See
Secretary's Original Resolution
RESOLUTION
05-208 ADOPTED – ADOPTING ASSESSMENTS FOR JOB 0510 – PUBLIC HEARING
Mayor Summers opened a public hearing for the adoption of assessments for Job 0510. The necessary notice for this hearing was published on September 23, 2005.
City
Manager Simonsen reported that this is a public hearing for the purpose of
receiving public input regarding the assessments for Tiger Hills Phase I for the
properties affected by the project development.
There are currently two property owners affected by the assessments,
which total $882,508.05. If payment
is not received within 30 days, interest will accrue at a rate of 6% retroactive
to
Ed
Schlede,
City Engineer Jahnke replied that Mr. Schlede’s assessment will be deferred until the property is sold but that interest will be charged from October 10. He noted that an assessment cannot be held longer than that.
Mr. Schlede stated that he had previously investigated the possibility of development the property and was never told that anyone else would be charged. He doesn’t believe that he is getting any benefit from this assessment.
Jahnke explained that the cost of the lift station will be spread over the entire 355 acres and that Tiger Hills will pay 25 percent of the cost with the remaining cost to be spread over the remaining acreage. He noted that Mr. Schlede’s share was based on the fact that they were the only other party involved.
Ms. Simonsen explained that the Council is looking at changing that policy and will share in the cost of the lift station. She suggested that if Mr. Schlede wanted to address the Council he certainly could. She noted that others coming into the City and wanting to hook up will know in advance.
Mr. Schlede commented that he didn’t object to the development or annexation but reminded the Council that if it wasn’t for the Tiger Hills development the utilities wouldn’t have been installed and he is requesting the Council reconsider assessing his property. He is concerned that his children will inherit this assessment.
Hugh O’Byrne, a local developer, told the Council that interest accumulates from the date it is assessed and suggested the City consider starting interest on the assessment when the people hook up. Ms. Simonsen explained that bond counsel has notified her that interest must begin at the time the assessment is adopted. She explained that the City pays interest from the time bonds are issued.
Councilors discussed the various options available to them.
Councilor Fjelstad moved, Councilor Brooks seconded, that the Tiger Hills assessments for Job 0510 be adopted and that the Schlede assessment and interest be deferred until the time of sale. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the public hearing closed and the resolution adopted.
(See
Secretary's Original Resolution
RESOLUTION
05-209 ADOPTED – AUTHORIZING ASSISTANCE TO
City
Manager Simonsen reported that representatives of the
Dr.
Mark Ciota introduced Mr. Steve Waldhoff and Mr. Mark Fenstermacher of the
Discussion included consideration of other locations for grinding the demolition material as this operation is noisy, disruptive and often dusty.
Ms. Simonsen explained that the City doesn’t have 50,000 tons of fill material at the Blazing Star Landing site. She explained that the City intended to sell the material for $5 per ton which would amount to a donation of approximately $269,000. She noted that the City Engineer and staff feel comfortable with this donation. Waiving fees and construction permits would amount to a donation of approximately $4000. Ms. Simonsen also noted that the Sesquicentennial committee feels it will need approximately 5000 bricks which will require two or three loads and one driver. She noted her concern with the final request to donate trucks and drivers to deliver clean material to the former high school site due to the amount of manpower required to carry out this operation. The operation would require 5,085 trips and with wages and truck time the estimate of cost would be $81,000. More importantly, this means seven people in seven trucks working full time for five weeks which will impede other City Public Works operations.
Councilor
Rasmussen announced that he will abstain from the vote because he is employed by
the
Councilor Marin moved to approve the requests for the first four items. The motion was seconded by Councilor Fjelstad.
Additional
discussion included routes from the demolition site to the grinding site which
will be determined by the City Engineer and the contractor, the fact that the
school district’s money was used to remove asbestos, whether the County had
been contacted for assistance and appreciation for the sensitivity of the
medical center for the people grieving for the loss of the old high school.
It was noted that the medical center assisted the City by solving the
problem with the old high school and a suggestion that the center consider local
contractors. Mr. Ciota stated that
15 contractors indicated interest in the project but that no local contractors
bid on the project. They are working
with three bidders, one from
After additional discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Rasmussen who abstained. Mayor Summers declared the motion carried and the resolution adopted.
(See
Secretary's Original Resolution
RESOLUTION 05-210 ADOPTED – APPROVING COST SHARING
FOR SUBDIVISION IMPROVEMENTS
Larry
Petersen, President of Larryland LLC, explained that the street between
Council discussion included the fact that Larryland has a signed development agreement and that there must be a point where this takes precedence. Mr. Petersen replied that they have paid $40,000+ for a street they do not own and that the Council agreement with the Tiger Hills developer allowed more assistance to them than Larryland was given in its agreement. He asked the City to right a wrong from the past. When asked, the City Engineer estimated the cost of the section in question to be $25,000. City Manager Simonsen pointed out that the project was not offered publicly and therefore the City cannot assess this improvement. She noted that the City was aware that the area would be developed as early as 1991.
Hugh O’Byrne, a local developer, commented that the City charges a 10 1/2¢ per square foot sewer and water area surcharge for future infrastructure to new subdivisions which is what Mr. Petersen is requesting. He is paying this assessment and the City should stub in the utilities to his new subdivision.
John Schulte, Jones, Haugh & Smith, pointed out that there were three opportunities since 1969 where these utilities could have been installed and weren’t. When asked, Ms. Simonsen stated that there appears that some oversight did occur and recommended Council share in the cost of the project.
Councilor Erdman moved, Councilor Marin seconded, that the City pay 50 percent of the cost of the extension in the amount of $12,500.
Ms. Simonsen also noted that this request didn’t come up until the Tiger Hills development agreement was decided. She has some concern that the project was private with the development company choosing to hire a contractor to perform the work without bidding the project. The developer did not go through the competitive bidding process required to assess the project or required when public funds are used on a project. The competitive bidding process must be used for projects over $25,000 that will be paid for using special assessments and any project using city funds over $50,000 requires a public hearing. The project did not meet these requirements, so the use of public funds was not considered at the time the development agreement was sign in January 2005.
City Attorney Schwab expressed concern with the lack of a public hearing and told the Council that they are under no legal obligation to assist in this project. He suggested a statement be included that the Council feels the sewer and water should have been installed previously thus justifying the use of City funds.
After additional discussion, Councilors Erdman and Marin concurred with the Attorney Schwab’s suggestion and amended the motion to include the statement.
On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Rasmussen who voted nay. Mayor Summers declared the motion carried, the public hearing closed and the resolution adopted.
(See
Secretary's Original Resolution
RESOLUTION
05-211 ADOPTED – AUTHORIZING FINANCIAL ASSISTANCE TO ALLIANCE BENEFIT GROUP
Al
Arends, representing Alliance Benefit Group, presented a request for $300,000 in
financial assistance from the City’s Revolving Loan Fund to increase their
Health Savings Account (HSA) capability. They
are currently administering over 500 HSA accounts and see substantial growth
over the next 40 months. They
estimate hiring additional employees to handle this additional business.
ABG currently has offices in
Mayor Summers told Mr. Arends that the City’s policy limits loans to $250,000. City Manager Simonsen announced that the City has $600,000 cash balance to loan to local business. The fund was established to encourage job creation. The program is used to leverage investment and will be used to stimulate development for job creation at very livable wages. They meet the requirements for the City’s Revolving Loan Fund and staff is recommending granting the loan in the amount of $250,000 with details to be worked out with the City Manager.
Discussion included the term of the loan, the interest rate and security. On request, Ms. Simonsen explained the origination of the program.
Councilor Marin moved, Councilor Severtson seconded, that a loan in the amount of $250,000 at an interest rate of four percent to Alliance Benefit Group be authorized. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Summers declared the motion carried and the resolution adopted.
(See
Secretary's Original Resolution
DISCUSSION
REGARDING LEAF PICKUP
City Manager Simonsen asked Councilor Severtson to begin the discussion on leaf pickup.
Councilor Severtson stated his belief that the City should have additional locations for dumping leaves or at least look at alternatives for leaf disposal.
Joan
Graham,
City Manager Simonsen stated that the City has discussed curb pick up but only have one piece of equipment to do that. She noted that the Watershed Board may be willing to purchase an additional piece of equipment. She suggested the City ask service clubs to consider doing leaf pickup as a club project.
Councilor Marin noted that we contract with services to haul snow in the winter and suggested the Council consider contracting with lawn services for leaf removal.
Izaak Epland suggested the City contract with Waste Systems to pick up bags of leaves on a specific day.
Ms. Simonsen reported that she will contact service clubs and youth groups requesting they consider doing this as a club project.
It was also suggested that the City Manager put together a cost figure for the City to provide the service for a Saturday or two.
City Engineer Jahnke stated that he has talked with other communities who contract with a private company to pick up the bags and charge the resident for this service.
REAPPOINTMENTS TO
HOUSING AND REDEVELOPMENT AUTHORITY
Mayor Summers requested confirmation of his appointments of Maureen Williams-Zelenak, Marwood Isaakson and Lowell Olson to the Housing and Redevelopment Authority for a three year term.
Councilor
Severtson moved, Councilor Rasmussen seconded, that the Mayor’s reappointments
to the Housing and Redevelopment Authority be confirmed.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Summers declared the motion carried and the appointments confirmed.
RESOLUTION 05-212
ADOPTED – REQUESTING SPECIAL LEGISLATION FOR THREE ADDITIONAL LIQUOR LICENSES
City
Manager Simonsen requested that the City Council direct her to apply to the
State of
Councilor
Erdman moved, Councilor Severtson seconded, that the City Manager be directed to
apply to the State for special legislation granting three additional on-sale
intoxicating liquor licenses to the City of
(See
Secretary's Original Resolution
RESOLUTION
05-213 ADOPTED – APPROVING SUNDANCE SUBDIVISION FINAL PLAT AND SUNDANCE
SUBDIVISION PHASE TWO DEVELOPMENT AGREEMENT
City
Manager Simonsen explained that this resolution approves the final plat of
Sundance Subdivision and the development agreement for Sundance Subdivision
Phase Two described as Block 2, Lots 13 through 17 and Block 3, Lots 3 & 4
Sundance Subdivision located south and east of
Councilor Marin moved, Councilor Erdman seconded, that Resolution 05-213, approving Sundance Subdivision final plat and Sundance Subdivision Phase Two development agreement, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See
Secretary's Original Resolution
RESOLUTION
05-214 ADOPTED – DIVIDING ASSESSMENTS IN SUNSET CONDOMINIUM
Ms. Simonsen stated that this resolution approves the reassessment of special assessments listed against Lot 1 & Lot 2 of Block 1 of Bay Oaks Second Addition for water improvements made to that property which is now parceled as four tracts of land. Chapter 429 of Minnesota Statute requires a resolution to reassess the special assessments against the parcels as they are now recorded and described.
Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-214, dividing assessments in Sunset Condominium, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See
Secretary's Original Resolution
RESOLUTION
05-215 ADOPTED – APPROVING WAL-MART CURRENCY EXCHANGE
City
Manager Simonsen reported that Wal-Mart Stores, Inc. has applied to renew its
currency exchange license to operate at
Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-215, approving the Wal-Mart currency exchange license, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 05-215 included with these minutes.)
RESOLUTION 05-216 ADOPTED – APPROVING FUND TRANSFER
City Manager Simonsen is recommending the transfer of $127,793 from the special assessment capital projects fund to the special assessment debt service fund for the upcoming bond payments.
Councilor Rasmussen moved, Councilor Brooks seconded, that Resolution 05-216, approving the fund transfer, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 05-216 included with these minutes.)
RESOLUTION 05-217 ADOPTED – RELATING TO TAX
INCREMENT FINANCE DISTRICT 5-5
This
resolution authorizes
Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-217, relating to Tax Increment Finance District 5-5, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 05-217 included with these minutes.)
RESOLUTION
05-218 ADOPTED – APPROVING DNR GRANT APPLICATION
Ms. Simonsen explained that this resolution approves the submission of an application to the Minnesota Department of Natural Resources for flood damage reduction grant assistance.
Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-218, approving the DNR grant application, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 05-218 included with these minutes.)
UNLISTED
ITEMS
WARD ITEMS
First Ward, Councilor Rasmussen:
(1) Congratulated the organizers and planners of the Die-Hard Bass Tournament held this past weekend and encouraged others to continue planning these types of events for Albert Lea.
Second
Ward, Councilor Erdman:
(1)
With the
(2)
Thanked Street Department for
quick response with repairs to the holes in the alley between William and
(3)
Has received questions about
dumpsters parked on City streets. He
asked the City Attorney how long dumpsters are permitted to remain on the
street. Schwab responded that the
Police Department gets a lot of complaints about this.
Inspection Division goes out and finds that the property owner is
remodeling. This is subject to
discretion. The rule for parking is
12 hours and dumpsters aren’t permitted because of width but if the owner is
shingling, etc. they may be given permission for a period of time.
Erdman has received complaints about dumpsters on
(4)
Complimented the Engineering
Department on the nice job on the
(5)
Attended the Albert Lea Select
Foods Open House on October 5 and welcomed them to the City.
It is important that people realize that they employ 225 people.
The JOBZ Program has been a big success in this community.
Third
Ward, Councilor Marin:
(1)
Received a request to add a
street light at the corner of Regency Lane and
(2)
Reported numerous roll-through
stops at the railroad tracks in front of Lou Rich.
Chief Winkels commented that this is a habitual problem.
We have had officers sit at that location on numerous occasions and the
problem continues.
(3)
Requested that the Council
take a look at the miscellaneous assessment process to determine if this is
working out. City Manager Simonsen
reported that she has met with representatives of the Inspection Division, the
Parks and Recreation Department and the City Attorney about this issue and the
group has identified where change is necessary and will be putting something
together for Council consideration yet this year.
Councilor Marin suggested a better method to prove the owner has received
notice. Ms. Simonsen noted that the
City mows about 80 pieces of property because the owners aren’t doing it and
if we send certified mail to property owners it costs about $3.50 per mailing
which amounts to approximately $350 per week.
We are looking at including in the ordinance that you will get a one time
notification via certified mail for the season. That
will be the only notification for the season.
Fourth
Ward, Councilor Fjelstad:
(1)
Asked that the City Attorney
read the rules for curfew and alcohol in City parks.
Mr. Schwab explained that no alcohol is permitted in City parks.
He noted that a number of young people were recently charged park hours
violations in the beach area at 2 a.m. Residents
in the area complained. Schwab was
asked to look up the ordinance and read it later.
(2)
Stated that members of the
public wishing to address Council or staff should speak at the Public Items
portion of the agenda not following the meeting.
He moved that the Council Chambers be cleared after a Council meeting.
Mayor Summers stated that the motion will not include the City Council,
staff, members of the media or persons asked to remain.
Council Fjelstad agreed. Councilor
Severtson seconded the motion. Council
discussion included a time limit to which Councilor Fjelstad set a five-minute
limit. He explained that he
doesn’t want items brought up that the council has already discussed.
On roll call vote, Councilors Marin, Fjelstad, Severtson and Mayor
Summers voted in favor of the motion and Councilors Rasmussen, Erdman and Brooks
voted nay. Mayor Summers declared
the motion carried.
City
Attorney Schwab then read City Code Section 42-1 Subd. c. Park Hours.
No person shall be present within or about the limits of a park or square
after 10:30 p.m. and before 5 a.m. of any day.
City Manager Simonsen asked about curfew hours.
Mr. Schwab replied that that is a separate section.
Curfew for 16 and 17 year olds is usually till midnight.
He noted that there are exceptions to this rule, i.e. school functions,
church functions, with parents or returning from work.
Fifth
Ward, Councilor Severtson:
(1)
Congratulated the Albert Lea
Tiger football team for their first win of the year and expressed his hope that
they win many more.
ADJOURNMENT – 9:00 P.M.
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, October 24, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the meeting adjourned.
Filed and attested October 11, 2005.
/s/ Sandi Behrens /s/ Al Brooks
Secretary
of the Council