October 23, 2006

Pastor Jay Dahlvang, Salem Lutheran Church, opened the meeting with 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 Mayor Aaron Summers, Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson and Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steve Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, KAAL TV and KATE Radio.

The Pledge of Allegiance was recited.

CONSENT AGENDA

(a)   APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF OCOTOBER 9, 2006.

(b) RESOLUTION 06-256 – APPROVING CLAIMS - ADOPTED:  Resolution 06-256 represents the financial claims of the City.

(See Secretary's Original Resolution

06-256 included with these minutes.)

(c)  LICENSES APPROVED:

Councilor Brooks fillin "" \d ""movedfillin "" \d "" that the consent agenda items be adopted as presented, seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the resolutions passed and the consent agenda items adopted.

REQUEST FROM LIBRARY FOUNDATION – TOM & BARB BUTLER, CO-CHAIRS

City Manager Simonsen explained that the city has received a letter of request from Barb & Tom Butler, co-chairs of the Library Foundation.  Mr. Tom Butler came forward and requested that the council consider further support of the library by allocating an additional $60,000 of funds in 2007 Budget.  The funds would be used toward the purchase of additional shelving for the library expansion as well as an increase in the book budget for the coming year.  Mr. Butler stated that there would be a breakfast benefit on Saturday morning, November 11^th, at Applebee’s and that so far $190,000.00 has been raised  by the Foundation and there is still monies committed that have not been received.

After discussion by the City Council, a motion was made by Councilor Marin, to approve the request for $60,000.00 from the 2007 Budget to be used towards the purchase of new shelving and books for the library expansion, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said motion:  Councilors Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

REQUEST FOR CONSIDERATION OF ACQUISTION OF 410 EAST MAIN STREET

City Manager Simonsen explained that the co-owners of the property located at 410 E. Main Street, which currently includes the Minn‑State Mortgage building and the Albert Lea Car Wash, are requesting the consideration of the City purchasing the property as part of the flood mitigation efforts along Main Street.  City staff has discussed this situation with the Department of Natural Resources who have indicated that the project would include a 50% city match to a 50% contribution by the Flood Damage Reduction Program.  The two buildings and property are currently priced at $455,000.  If the city were to consider the proposal, city staff would recommend the purchase of the property only with the owners having responsibility for the buildings to be salvaged and/or moved.

After discussion by the City Council, the following motion was made.

MOTION:  To move that the city call a public hearing to be held on November 13, 2006, for public input as this would require a 50/50 match.

Motion was made by Councilor Rasmussen, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said motion:  Councilors Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

PUBLIC HEARING ON ORDINANCE 108, 3d – CHANGING HOURS OF GARBAGE/REFUSE HAULERS

City Manager Simonsen explained that this is a public hearing and second reading of Ordinance 108, 3d regarding the hours of hauling for garbage/refuse businesses.  The current city code allows haulers to begin operations in residential districts at 5:30 a.m.  This ordinance would amend the current city code Chapter 46, Sec. 2(g) to read; “No hauler shall operate in a residential district after 8:30 p.m. or before 6:00 a.m. of any day, and no hauler shall operate in a residential district on Sunday.”

City staff has contacted local refuse haulers to make them aware of the public hearing.

Mayor Summers opened the Public Hearing and asked for persons wanting to speak to this issue.

Mr. Jerry Ehn, 1215 Foothills Circle, stated that he was in favor of passing this ordinance as he lives in a residential area that is next to a retirement community which has large institutional garbage containers and it makes a lot of noise when a vehicle comes in that area to remove that refuse and it is not the most pleasant way to wake up three times a week.  He stated that he had worked with the hauler and some improvements have been made but usually it does not last.  He would encourage the council to vote in favor of this ordinance.

Mr. Frank Thompson, owner of Thompson Sanitation Service, Clarks Grove, MN, stated that regarding the ordinance change it has always been a safety issue as to why they were allowed to start at 5:30 in residential areas.  He did state that 6:00 a.m. was not out of line.  He apologized for any noise that had been made.

After calling for public input three times, Mayor Summers closed the public hearing.

After discussion by the City Council, the following motion was made.

MOTION:  To adopt Ordinance 108, 3d which states that no hauler shall operate in a residential district after 8:30 p.m. or before 6:00 a.m. of any day, and no hauler shall operate in a residential district on Sunday.

Motion was made by Councilor Rasmussen, seconded by Councilor Severtson.  On roll call vote the following councilors voted in favor of said motion:  Councilors Rasmussen, Erdman, Marin, Severtson, and Mayor Summers.  The following councilors voted nay:  Councilors Fjelstad and Brooks.  Mayor Summers declared the motion passed.

PUBLIC HEARING AND RESOLUTION 06-257 - VACATING AN ABANDONED SEWER LINE

City Manager Simonsen explained that this public hearing is being held to receive input regarding the release of easement for property located between 512/514 Park Avenue.  The City of Albert Lea has received a request from Albert Lea Abstract Company to confine a sewer line easement that was identified in 1940.  The engineering staff has confirmed that the line is no longer being used and the City has abandoned this easement.

City staff is recommending releasing the sewer line easement that currently exists at this address.

Mayor Summer opened the public hearing and called three times before closing the public hearing.  No one from the public spoke to this issue.

Councilor Erdman moved to adopt Resolution 06-257 vacating the abandoned sewer line located between 512/514 Park Avenue, seconded by Councilor Marin.  On roll call vote the following councilors voted in favor of said motion:  Councilors Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-257 included with these minutes.)

PUBLIC HEARING AND RESOLUTION 06-258 - ADOPTING ASSESSMENTS FOR JOB 0601

City Manager Simonsen explained that this public hearing was being held to receive input regarding final assessments for Job 0601, Neighborhood Improvement Project involving the eastside of town.  The project costs totaled $687,997.87 with a city cost of $185,694.20 and an assessable cost of $502,303.67.

The assessments shall be payable in equal annual installments over a period of ten years with the first installment due in January 2007.  The assessments shall bear interest at a rate of 5-1/4% per annum unless the interest is paid in full within 30 days from adoption of this resolution.

Mayor Summers opened the public hearing and asked for persons wanting to speak to this issue.

Ms. Victoria Westeng, 1801 Sheridan Street had questions regarding her assessment and stated that she had new sidewalk on the one side of her home and she wants someone to make sure that she has received credit for that on this assessment.  City Engineer Steve Jahnke stated that he would review this item with her.

Mayor Summers called three times for more public input; there was no one else who spoke to this issue.  Mayor Summers closed this public hearing.

Resolution 06-258 was introduced by Councilor Fjelstad, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-258 included with these minutes.)

RESOLUTION 06-259 – ALCOHOL COMPLIANCE CHECK VIOLATION HEARING – THE CUBBY HOLE

City Manager Simonsen explained that City Attorney, Steven Schwab, would conduct a hearing regarding an alcohol compliance check violation that occurred at The Cubby Hole on May 5, 2006.  Mr. David Reisewitz, Sr. is contesting the matter.  The Cubby Hole participates in the Best Practices model in which an alcohol compliance violation constitutes a $175.00 fine.

City Attorney, Steven Schwab explained as to how this hearing would be conducted and called on Officer Adam Conn to answer questions regarding the Alcohol Compliance Check which was conducted on May 5, 2006 at The Cubby Hole.  Mr. David Reisewitz, owner of The Cubby Hole, questioned Officer Conn regarding this Alcohol Compliance Check and how it was conducted.  Mr. Reisewitz stated that he feels these compliance checks are very upsetting to his customers and to his business.  After the hearing was conducted, the City Council adopted the following resolution.

Resolution 06-259 was introduced by Councilor Fjelstad, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers. Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-259 included with these minutes.)

RESOLUTION 06-260 – EXTENDING OPTION TO PURCHASE – MUSKIE REALTY

City Manager Simonsen explained that Resolution 06-162 extending an option to purchase city property legally described as Lots 1 & 2, Block 1, Community Development Plat #1 to Muskie Realty Company for a purchase price of $1.00.  The sale was conditioned upon an acceptable development agreement; support from the local Housing and Redevelopment Authority and an approved preliminary plat.  The resolution identified that this was to occur on or before October 31, 2006.  These items are part of the Planning Commission meeting scheduled for November 9, 2006.  Therefore, the developer is requesting an extension through December 31, 2006 on this option agreement.

City staff noted that they could support this request.

Resolution 06-260 was introduced by Councilor Severtson, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-260 included with these minutes.)

RESOLUTION 06-261 – APPROVING TIF 5-13 for LARSON MANUFACTURING CO., INC.

City Manager Simonsen explained that on August 28, 2006 the City Council held a public hearing on two items regarding JOBZ subsidies for Larson Manufacturing Co., Inc. and an amendment to the Tax Increment Plan.  The notice of the hearing was properly advertised for the review of the TIF Plan, and Mr. Ed Tschida presented information regarding the plan as noted in the City Council minutes.  However, a separate resolution authorizing an amendment to the Tax Increment Plan was not voted on as a separate item by City Council.  Therefore, this resolution would approve an amendment to Tax Increment Financing District 5-13 for Larson Manufacturing Co., Inc. Warehouse/Distribution Facility Project.

Resolution 06-261 was introduced by Councilor Brooks, seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-261 included with these minutes.)

MOTION AUTHORIZING GLEN SHERBURNE – WESTWOOD HILLS SUBDIVISION TO HOOK-UP TO CITY WATER AND SEWER

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a development agreement with Mr. Glen Sherburne, developer of Westwood Hills Subdivision.  The development agreement identifies that Mr. Sherburne will pay 100% of the project; there will be no assessments for improvements.  The work will be completed according to city standards and will not be accepted until signed by a professional engineer.  The owner will give a one-year warranty on the improvements, as well as showing proof of ownership and insurance.

Initially, Mr. Sherburne will only be installing the sewer and watermain.  Upon completion, the City will accept the utilities.  He will also construct a gravel road which will be maintained by Mr. Sherburne.  If an additional lot is sold on either Outlot A or B, the street, curb and gutter and storm water system must be constructed and the improvements would be dedicated to the City.

Resolution 06-262 was introduced by Councilor Erdman, seconded by Councilor Brooks.

After much discussion, Councilor Erdman and Brooks withdrew their motion and second.

Mr. Hugh O’Bryne stated that he developed the property to the north of this project and presented a developer’s agreement which was signed in 1999 stating that we would be paid back for project costs in an amount of $95,000.00 when and if the property to the south was allowed to developed.  This item was referred back to staff to meet with Mr. Hugh O”Bryne and city officials to discuss the developer’s agreement signed in 1999.

Mr. Glen Sherburne stated that he did not know about this agreement, it never showed up though special assessment or title searches.  He requested that he be allowed to proceed with his project.

MOTION:  A motion was made that Mr. Glen Sherburne be allowed to hook-up to city water and sewer immediately at his cost.

Motion made by Councilor Erdman, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said motion:  Erdman, Brooks, Marin, Severtson, Rasmussen and Mayor Summers.  Councilor Fjelstad voted nay.  Mayor Summers declared the motion passed.

RESOLUTION 06-262 – CALLING A PUBLIC HEARING FOR TAX ABATEMENT FOR ALBERT LEA PUBLIC WAREHOUSE #4

City Manager, Victoria Simonsen explained that this resolution would call a public hearing for Monday, November 13, 2006 at 7:00 p.m. to hear public input regarding a request for tax abatement.  Mr. Allan Larson, owner of Albert Lea Public Warehouse #4, is requesting the City Council and County Commissioners consider tax abatement on the property located at 1919 Margaretha Avenue.  Tax abatement would be used to reimburse Mr. Larson for certain costs to upgrade the property to a “food grade” level facility.  The building will be leased to Malt-O-Meal and used as a warehouse and packaging facility.  The project will create approximately 20 jobs.  The majority of these jobs would be contracted through Cedar Valley Services (who provide employment to persons with disabilities).  The lease would also include the employment of three job coaches who work directly with the workers from Cedar Valley Services.  Six full-time warehousing jobs would also be created with an average hourly wage of $16.00.

Financing for the improvements would be paid for by Mr. Larson and subsequently be reimbursed following semi-annual property tax payments.  Mr. Larson is requesting approximately $300,000 of taxes to be abated over a period of nine years or until the lease with Malt-O-Meal would end.  The current annual taxes on the property are $43,000.  The School District is declining participation in the tax abatement project at this time.  The remaining taxes would be split approximately 60/40 between the County and the City.  This translates into approximately $12,000 per year in city taxes over the next nine years, totaling $108,000.  Public input on this project will be accepted on Monday, November 13, 2006 at 7:00 p.m. in City Council Chambers.

Resolution 06-262 was introduced by Councilor Erdman, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-262 included with these minutes.)

RESOLUTION 06-263 – VARIANCE REQUEST – 2017 KEVIN DRIVE – MR. LOREN SCHROEDER

City Manager Simonsen explained that on October 16, 2006 the Board of Appeals considered a request for a variance to property located at 2017 Kevin Drive, a parcel owned by Mr. Loren Schroeder.  The request involved a 16 ft. variance to the Shore Land Management setback requirement from Albert Lea Lake of 75 feet.

Mr. Schroeder is requesting the variance to construct a deck with an enclosed porch underneath.  The house does meet the current setback without the enclosed porch.  There was previously a smaller deck located on the lakeside of the house which did not meet setbacks either.  The addition of the enclosed porch and concrete slab creates a more permanent structure than the deck by itself.  Other lakeshore property owners have not been allowed to build within the required shore land setback.  After consideration by staff and the Board of Appeals, the request was denied on a 4/1 vote.

Resolution 06-263 was introduced by Councilor Brooks, seconded by Councilor Marin not to accept the recommendation of the Board of Appeals and approve the variance.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers. Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-263 included with these minutes.)

MAYOR AND COUNCIL ITEMS:

WARD ITEMS

First Ward, Councilor Rasmussen:

• Saturday, November 11, 2006 from 7:00 a.m. to 11:00 am. Library will be having another fundraiser for the Foundation at Applebee’s.  Everyone is encouraged to attend.

• Thursday, November 16, 2006 from 4:00 p.m. to 7:00 p.m., Library will have another fund raiser drive at City Center.

Second Ward, Councilor Erdman:  Nothing.

Third Ward, Councilor Marin:

• City Attorney has a document that I would like to have read into the record concerning traffic and bicycles.  Bicycles must follow the traffic laws.  City Attorney Schwab read from the city code book addressing this issue.

Fourth Ward, Councilor Fjelstad: Nothing.

Fifth Ward, Councilor Severtson:

• Someone suggested that the city put lights on top of the Lea Center Building, like the rest of the buildings in the downtown area.  Manager Simonsen responded that this is now a private building and would require owner approval.

Sixth Ward, Councilor Brooks: Nothing

Mayor Summers:

• Read a statement recognizing members of the Albert Lea Police Department, Freeborn County Sheriff’s office, MN Bureau of Criminal Apprehension, Freeborn County Attorney’s and State Attorney General’s Offices regarding the recent homicide investigation and trial.

• Encourage each and every voter to get out and vote on November 7, 2006.

CHANGE OF MEETING DATES IN NOVEMBER AND DECEMBER

City Manager Simonsen explained that a motion would be in order changing meeting dates in November and December for the pre‑agenda meeting scheduled for Thursday, November 23^rd to Wednesday, November 22^nd at 5:30 p.m.  The City Council meeting scheduled for Monday, December 25^th would be held Tuesday, December 26^th at 7:00 p.m. in City Council Chambers.  Also Budget Retreat is scheduled for November 9th, at 4:00 p.m. in Room 213 City Center.

A motion was offered by Councilor Brooks, seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said motion:  Brooks, Severtson, Erdman, Marin, Rasmussen, Fjelstad and Mayor Summers.  Mayor Summer’s declared the motion passed.

CANVASS BOARD MEETING DATE

City Manager Simonsen explained that a date for the canvass board meeting needed to be set for November 8, 2006 at 4:00 p.m.

MOTION:  To set the meeting to canvass the election results for 4:00 p.m. on Wednesday, November 8, 2006.

Motion made by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said motion:  Brooks, Severtson, Erdman, Marin, Fjelstad, Rasmussen and Mayor Summers.  Mayor Summer’s declared the motion passed.

COMMITTEE UPDATES – No Committee updates presented.

FOLLOW-UP TO PUBLIC CONCERNS

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

• Comment regarding the culvert near the High School:  The culvert is within the county’s right-of-way, so it is not the city’s responsibility to make improvements to it.  Staff has notified the county of the concern.

• 5th Ward requests – to look into the acquisition or demolition of the old gas station on East Main Street.  We have been trying to make contact with that owner, but have not heard anything in response.

PUBLIC ITEMS:

Mr. Roger Bok, 1012 Cato Drive, voiced concerns about:

·         How much money is in the Port Authority?

·         Staff not communicating information to Council.

·         Dump site at Edgewater.

·         Interstate Power well.

·         Why the City is spending money on the Shell Rock Watershed workshop and Chamber?

·         Need for an overhead screen.

·         Dump site by the Moose Club.

·         Spending money on plans that don’t happen.

ADJOURNMENT

Councilor Brooks moved, Councilor Marin seconded, that there being no further business, the council meeting be adjourned at 8:40 p.m., until the next regular meeting of the Albert Lea City Council on Monday, November 13, 2006.  On roll call vote, all councilors voted in favor of said motion.  Mayor Summers declared the motion passed and the meeting adjourned.

Filed and attested November 6, 2006.

     /s/Shirley Slater-Schulte                                       /s/Aaron Summers