Albert Lea, MN 

October 11, 2004

Reverend Glen Stevens, Crossroads Evangelical Free Church, offered a prayer

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Al Brooks and Mayor Jean Eaton. Absent was Councilor Mary Kron. 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.

 

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF SEPTEMBER 27, 2004.

 

(b)  RESOLUTION 04-212 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 04-212 approves the Freeborn County Pheasant & Habitat raffle operations at the Union Center, 404 East Main Street, on December 4, 2004.

 

(See Secretary’s Original Resolution 

04-212 included with these minutes.)

 

(c)  RESOLUTION 04-213 ADOPTED – CLAIMS: Resolution 04-213 presents the financial claims of the City.

(See Secretary’s Original Resolution 

04-213 included with these minutes.)

Councilor Marin moved, Councilor Brooks seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.

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

A resident raised the issue that the Consent Agenda and the Minutes should be approved in two motions. This item is on the Council’s agenda for tonight’s meeting.

Regarding sidewalks and pedestrian crossings at the intersections of Blake Avenue at Highway 65 and Blake Avenue at Main Street, these intersections were installed by the State of Minnesota. At the time the intersections were installed, there were no plans for the strip malls and bank on the other side of Blake Avenue. Once the construction of the malls and bank are complete, a decision regarding the installation of sidewalks and crosswalks will be made.

With regard to the flooding problem and sewer back-up on Marie Avenue, the staff has spoken to the individual owners. This is an area that does have sewer backup in times of heavy rains and although the problem has not been completely eliminated, we have taken steps to try to reduce the issue. The problem is due largely to inflow/infiltration. The City has gone door-to-door inspecting the sump pumps in that area to see if any are out of compliance. A valve has also been installed on the Fairgrounds property which is closed during heavy rain events and we have slip-lined a portion of the sanitary sewer line from Bridge Avenue to Valley Avenue to prevent infiltration from entering at that portion of the pipe. Engineering will look at that area to determine what it would take to fix the problem.

The City has extended hours through November at the transfer station. The schedule has been published in the newspaper. Ms. Simonsen reminded the public that it is not acceptable to rake leaves into the street, leaves must be taken to the transfer station.

Regarding the request of the Art Center for waiver of the parking maintenance district assessments, the assessment was paid last month. She reminded the Council that by waiving the assessment, the Council would have been setting a precedent. Staff recommends against it.

A request was made for a stop sign at the intersections of Claussen and Giles. This intersection was reviewed in 1991, 1994 and 1997 and it was found that a stop sign was not justified. The Engineering staff has requested accident reports and will again review the request.

A request for a handicap parking stall on Broadway. Engineering has recommended the installation of a sign on the first stall west of Broadway Avenue on College Street.

With regard to the inadequacy of parking around Memorial Park during soccer games, the Park Department has removed the soccer goals. This issue has been forwarded to the Park and Recreation Advisory Committee for review and recommendation. We have also made contact with the League’s captain to see if they would have any interest in joining the City’s recreational leagues so they could be scheduled at different parks throughout the year.

A complaint was received regarding the recent placement of Class 7 materials on Railroad Avenue containing metal and glass. The Street Department has looked at the roadway. They did not find any metal and only a couple pieces of glass. At this point, they are not recommending an additional cover with higher grade material.

Roger Bok, 1012 Cato Drive, asked why the hydrants on Blake Avenue have not been cleaned up and marked for winter, why there is no sidewalk on Garfield across the railroad tracks, who okayed the closing of College Street adjacent to the Courthouse, who authorized the demolition material taken to the transfer station and why the material wasn’t recycled. Ms. Simonsen explained that the closing was done in the best interests of the public. In working with the consultants on the whole demolition project that was just one small piece we considered a day-to-day decision. She also explained that the City has a policy with regard to depositing demolition materials in the transfer station which permits governmental users to receive the reduced rate. With regard to recycling, the materials were not of an acceptable class for recycling. Mr. Bok suggested that reflectors be placed on both ends of the guard rail on the curve at Front and Garfield and that the speed be reduced on the curve, asked why there are no budget items on the agenda and spoke on behalf of the lady on the alley east of Green Street noting that when her alley doesn’t get plowed, she can’t get out and has to rely on a friend to take her to work. He asked that this alley be plowed this winter. Mr. Bok noted that some of the street lights around town need work done on them, that the Minnesota Design Team commented about lighting the bypasses coming into town. Street lights by the truck stop were approved by the Planning Commission in 1998 and they still haven’t been installed. Lights on the interchange haven’t been replaced yet. On Highway 65, a sign for I-35 is broken.

Glen McDaniel, 701 Garfield, commented that he walks Garfield every day and when he reaches the railroad tracks he has to walk in the street and cross. Why can’t this portion of sidewalk be installed.

City Manager Simonsen explained that the City has received several requests that the Consent Agenda and the minutes be introduced as two separate motions. She requested Council discussion on this proposed format change. Councilor Amundson asked what purpose separating the two would serve.

Roger Bok, 1012 Cato Drive, anything with an asterisk has to be read and recorded according to Minnesota Statutes. You can pass the minutes with one motion and a vote. If not, you have to read the minutes in their entirety. City Attorney Schwab asked Mr. Bok for the Statute number and agreed to look at the Statute before the next meeting.

Councilor Amundson moved to table the issue to the next Council meeting. Councilor Marin seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the issue tabled.

Mayor Eaton opened a public hearing for Ordinance 83, 3d, rezoning property at the northeast corner of C.S.A.H. 46 and Lake Chapeau Drive for Hill’s Gardens, Inc. from R-1 Single Family to B2 Business District. The necessary notice for this hearing was published on September 30, 2004.

No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 83, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

83, 3d included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 84, 3d, rezoning property owned by Freeborn Mower Cooperative Services located at the former Starlight Drive-In Theater site from R-1 Single Family to I-1 Limited Industrial and the Pro Trucking area from R-1 Single Family to I-2 Industrial District. The necessary notice for this hearing was published on September 30, 2004.

Roger Bok, 1012 Cato Drive, asked why the property can’t be donated to the City rather than the County. The property could be used to park semi tractors thereby getting them out of the City. Ms. Simonsen noted that the Planning Commission feels that the zoning change is appropriate for these properties and that semi tractors aren’t allowed in residential areas. She also commented that the City is looking for a location for this purpose.

On roll call vote, all Councilors voted in favor of Ordinance 84, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

84, 3d included with these minutes.)

City Manager Simonsen explained that the property designated as Pelican Pointe Subdivision located between South Shore Drive and Albert Lea Lake was changed in zoning classification for R-1 Single Family to PD Planned Development by Ordinance 55, 3d on September 9, 2002. She noted that on September 10, 2002, Resolution 02-192 approved the preliminary and final plat including the development plan for the PD district. The Subdivision was intended to contain private streets with public utilities which were constructed. The plat, however, was neither signed nor recorded. The developer is now ready to begin construction of dwellings within the subdivision. The final plat must be recorded prior to issuing building permits. A minor change in the development plan includes a provision for one lot which will be developed as a single condominium with five duplexes and one triplex for a total of 13 dwellings. Because of the delay between approval of the final plat and this change to the plat, it is appropriate for the City Council to affirm the approval granted in Resolution 02-192 including the same conditions. She noted that the fees for the project have been paid.

Councilor Brooks moved to affirm the final plat for Pelican Pointe Subdivision. Councilor Amundson seconded the motion. Councilor Brooks asked if the conditions included in Resolution 02-192 would be met and Ms. Simonsen said they would.

Doug Lembke, 1917 South Shore Drive, appeared representing the developer of the subdivision, requesting that Item #9 be changed to require that roadway damaged as a result of City sewer and water maintenance be repaired by the City. Ms. Simonsen noted that this is agreeable to the City as long as the utility work is required by City staff. Any other utility work not required by the City will be the responsibility of the homeowners association.

Councilors Brooks and Amundson agreed to the clarification. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and Resolution 04-192 affirmed.

City Manager Simonsen explained that the City established Tax Increment Financing District 5-9 as a redevelopment district on June 22, 1998. No new development took place within the district and the five year limitation on capturing new development has expired. In order to use the TIF in the redevelopment of the Lea Center building including the parking lots and utilities, it is necessary to decertify TIF 5-9 and create a new TIF District that includes the Lea Center building and other properties and identify new project expenditures. She noted that Ed Tschida, the City’s TIF consultant, is recommending the Council proceed with the decertification of the old district and creation of a new district to permit the project to proceed.

After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 04-214, proposing to form Tax Increment Finance District 5-15 and calling a public hearing for November 22, 2004, 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

04-214 included with these minutes.)

City Manager Simonsen explained that this resolution finds the Lea Center building was occupied by a substandard building as defined in Minnesota Statutes. This allows the City to include the property in Tax Increment Finance District 5-15. She noted that the building is not substandard per the building codes just that it requires extensive remodeling for suitable habitation. This action will allow the developer to obtain a building permit and begin demolition.

Councilor Erdman moved, Councilor Marin seconded, that Resolution 04-215, finding the Lea Center building to be occupied by a structurally substandard building. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

04-215 included with these minutes.)

City Manager Simonsen explained that this agreement allows the Minnesota Department of Transportation to detour traffic off I-35 from the Iowa border to just north of T.H. 90. She noted that the project will begin in the spring of 2005 and will last most of the year. The agreement requires the City to maintain the roadway and MN DOT agrees to pay the City $2433.07 for wear and tear of the roadway.

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-216, approving the Minnesota Department of Transportation Detour 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

04-216 included with these minutes.)

City Manager Simonsen reported that the City staff has considered the necessary steps to extend Sunset Street from Highway 13 west to Sunset Street in Chapeau Shores as requested by Councilor Marin. She noted that the extension of this street would eliminate the dead end situation which currently exists in the Lake Chapeau area. In 1998, Jones, Haugh and Smith prepared a plan for roadway options into the area which included an extension of Sunset Street. The proposed extension is 2500 feet long and would extend over property owned by George Dress. An 80 foot right-of-way would require approximately five acres of property to be purchased or condemned for the proposed street extension. The cost of extending Sunset Street with a 37 foot wide bituminous roadway with curb, gutter, storm sewer and an 80 foot right-of-way would include the cost of acquisition for the property and approximately $370,000 for construction. She commented that if development does not occur with the extension, the total cost of the project would be paid by the City and, at this point, the roadway extension is not included in the City’s 2005 budget.

Councilor Marin asked City Engineer Jahnke to explain the two options available. Mr. Jahnke explained that the $100,000 option would include grading and a gravel roadway. If development occurs in the area, the gravel would be torn out and sewer, water and a bituminous roadway would be installed. Mr. Jahnke explained that the purchase of property is not included in the estimates. The extension would permit an additional access for emergencies.

Councilor Marin commented that this is a very important safety issue for the Third Ward. The entire area is barricaded by the railroad. At one point during the summer, there was no access into or out of the area for over an hour. He noted his desire to pursue at least the gravel road so there is emergency access. Councilor Marin moved to direct the City Manager to pursue negotiations with George Dress for the right-of-way. Councilor Erdman seconded the motion.

Roger Bok, 1012 Cato Drive, commented that several years ago it was proposed to extend Fountain Street. If Sunset Street is extended, two different trains could be using the two tracks thereby blocking access to the area. If Fountain Street were extended, you would have access. City Engineer Jahnke commented that extending Fountain Street would require crossing wetlands. He has looked at both options and has determined that the Sunset extension would be the best option.

On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen explained that the City has received the Presidential Declaration of Disaster. She announced that anyone needing assistance should call FEMA and they will determine which source of assistance is appropriate. This includes those who contacted the Red Cross. Each case will be handled individually and each caller will be given an ID number and will be contacted by a FEMA representative for inspection of their property. When the FEMA representative comes for inspection, the homeowner is reminded to ask the representative for the ID number to assure that they are from FEMA. She noted that anyone having appliances needing replacement is requested to proceed with replacement. The appliance should be replaced with a comparable item and the receipts should be kept. Photos of items before and after the flood are also helpful. FEMA will only replace appliances of comparable value. She also explained that those needing assistance should call FEMA as soon as possible as lines are only available for a few weeks. FEMA funds will be distributed on a per capita basis among the five counties included in the disaster declaration. FEMA is hoping to have an office open locally on Wednesday.

Ms. Simonsen also reported that she is receiving daily updates from the Red Cross. She estimated that 10 new addresses are added each day to the Red Cross list.

(1)  Thanked the community members who attended the town hall meeting at the Senior Citizens Center last week to discuss the flood. It is estimated that 2000 homes and 31 businesses were affected by flooding. Waste Management has hauled away 145 tons of garbage.

(2)  Thanked the Albert Lea Fire Department for activities during Fire Prevention Week.

(3)  Thanked the public for participating in the Minnesota Design Team activities. She noted that 225 people attended the community dinner on Friday night and 250 people attended Saturday night.

(4)  Reminded residents of the second Hometown Pride Clean-up Day this Saturday from 9 a.m. to noon at the transfer station. This is only for Albert Lea residents, ID’s are required and there is a cost for appliances, hide-a-beds, large furniture items and tires.

Second Ward, Councilor Erdman:

(1)  Commented that not everyone gets the local newspaper and not everyone listens to the local radio station, so it is necessary for the City to get information out to the public in a timely manner. In an effort to reach out to more members of the community, he moved that the City Manager enter into negotiations with Charter Communications to cablecast the City Council meetings. Several area cities are broadcasting their meetings and it is time to move forward on this issue. Councilor Marin seconded the motion.

 

Tony Trow, 522 Park Avenue, told the Council that this is a wonderful idea and that it is a good idea to do Council meetings publicly.

 

Karen Trow, 522 Park Avenue, told the Council that a lot of people can’t come to Council meetings. She has looked at public access channels in other cities to see what is going on. She hopes the Council pursues this.

 

After additional discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

 

Third Ward, Councilor Marin:

(1)  Thanked the City crews for working tirelessly during and after the flood.

(2)  Thanked for railroad crossing fix on Wedgewood Drive. There is still a pile of dirt and old railroad ties on the site. He asked that these be removed.

(3)  Commented that there is a handicap sign at Front and Maplehill and requested that the City take care of installing a curb cut at that location.

(4)  Requested rezoning information for the property at Front Street and First Avenue to permit antiques and collectibles signing.

(5)  Reported that the street light at the corner of South Fourth Avenue and Plainview is not working.

(6)  Requested that whoever started the rumor that he is in favor of starting an all volunteer fire department please contact him. He is not in favor of a volunteer department and appreciates all that the firemen do.

(7)  Reported that he just returned from a 16 day trip to Nigeria, Africa. He explained that Bishop Yomi Isijola of Port Harcourt, Nigeria had visited a Council meeting in July and met the Mayor and City Council. Councilor Marin said that Bishop Isijola was impressed with the way the Council conducted business and was taken with the Mayor. Marin read a letter from Isijola and presented the Mayor with a gown and headdress from the Bishop which was made for the Mayor by the bishop’s wife’s personal tailor.

 

Fourth Ward, Councilor Fjelstad:

(1)  A constituent has requested the City look into he cost of constructing a bandshell with shelters at Central Park for weddings and other events.

(2)  Wished Pat Corrigan a speedy recovery.

 

Sixth Ward, Councilor Brooks:

(1)  Thanked Mr. Jahnke and staff for prompt action on issues in his ward following the recent flooding.

 

Councilor Marin moved, Councilor Amundson 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 25, 2004. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested October 12, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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