Albert Lea, MN 

October 25, 2004

Captain Bob Miles, Salvation Army, 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, Mary Kron, Al Brooks and Mayor Jean Eaton. 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 OCTOBER 11, 2004

 

(b)  REMOVING THE CHAPEAU SHORES 9^TH ADDITION DEVELOPMENT AGREEMENT

FROM THE AGENDA AND ADDING THE ESTABLISHMENT OF A JOINT CITY/COUNTY MEETING DATE AND CALLING A SPECIAL MEETING TO CANVASS RESULTS OF THE GENERAL ELECTION

 

(c)  CALLING A PUBLIC HEARING FOR THE TRANSFER OF THE CHEERS LIQUOR OFF-SALE LICENSE FROM CHEERS LIQUOR LLC TO CAS ENTERPRISE-VENTURE VII, LLC FOR THE COUNCIL MEETING OF NOVEMBER 8, 2004.

 

(d)  RESOLUTION 04-217 ADOPTED – CALLING A HEARING FOR THE ADOPTION OF MISCELLANEOUS ASSESSMENTS: Resolution 04-217 calls a public hearing for the adoption of Miscellaneous Assessments Roll 42 for November 22, 2004.

 

(See Secretary's Original Resolution

04-217 included with these minutes.)

 

(e)  RESOLUTION 04-218 ADOPTED – CALLING A HEARING FOR WAL-MART LICENSE RENEWAL: Resolution 04-218 calls a public hearing for the approval of the Wal-Mart Currency Exchange License Renewal for November 8, 2004.

 

(See Secretary's Original Resolution

04-218 included with these minutes.)

 

(f)  RESOLUTION 04-219 ADOPTED – CLAIMS: Resolution 04-219 presents the financial claims of the City.

(See Secretary's Original Resolution

04-219 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 questions and concerns expressed at the previous meeting as follows:

With regard to fire hydrants along Blake Avenue, the Fire Department has scheduled winterizing these hydrants and will place reflectors where required.

The City believes that placing a crosswalk on Garfield at the Railroad tracks is not appropriate. A study performed in December 2003 recommended that the crossing not be installed. She noted that it is unlikely that the railroad would permit the installation of a crosswalk on railroad right-of-way.

Regarding a guardrail at the curve from Garfield to Front Street, the Street Department will order reflectors for the rail. The Police Department has no reports of accidents at that location and the Engineering Department recommends against lowering the speed limit as the curve at that speed limit meets MN DOT requirements.

The City plows streets first and alleys last, alley plowing doesn’t take priority.

With regard to the dirt pile and railroad ties at the Wedgewood Drive railroad crossing, the City has asked the railroad to move these items and no response has been received. The Street Department will pick up these items.

A request was made for curb cuts at the handicap signs on Front Street and Maplehill. These cuts have been installed.

The approval minutes as a separate motion was addressed by the City Attorney. He explained that he had checked several statutes and nothing addressed the approval of minutes. Charter Section 3.03 provides that the City Council determines its rules and procedures for Council meetings and Resolution 04-9 sets forth the consent agenda allowing for approval of minutes on the consent agenda. Albert Lea is a home rule charter city and the Council can continue approving the minutes on the consent agenda.

Quincy Borland, 504½ Bridge Avenue, asked whether the City staff had met with the Kuipers. Ms. Simonsen explained that a meeting had occurred and that the City is working with the Kuipers and their attorney for resolution. Mr. Borland then asked why the resource sharing committee proposed by the County Board at its November 18, 2003 meeting had not been formed. Ms. Simonsen explained that this item is covered under 8-C on the agenda which schedules a joint City/County meeting. Mr. Borland then asked about campaign signs on public property, vandalized signs and responsibility for removal. Ms. Simonsen explained that damaged signs on private property should be the responsibility of the property owner and that signs on public property should be reported to the Police Department.

Roger Bok, 1012 Cato Drive, asked for the answer regarding the crosswalk on Garfield. Ms. Simonsen explained that this issue was studied in 2003 and that there is a conflict in painting the crossing between the railroad’s painting of track lines. There is also an issue of liability requesting people cross railroad tracks. Mr. Bok suggested that the sidewalk should come across the railroad tracks and then put in a crosswalk further down from the crossing. City Engineer Jahnke explained that he has observed individuals crossing in that area and finds that most cross at the railroad tracks. Mr. Bok then asked about the crosswalk at Front Street near Lou-Rich. People are jaywalking in that area and he suggested fining these people. With regard to the speed limit on the curve from Garfield to Front, a car traveling too fast went into an adjacent pond. If a reduced speed limit sign were installed perhaps people would slow down for that curve. Regarding the stop sign at Claussen and Giles, Mr. Bok recommended a stop sign or a yield sign. Mr. Bok commented on the alignment of Blake Avenue noting confusion for drivers. City Engineer Jahnke told Mr. Bok that MN DOT guidelines were used to set up the alignment. Mr. Bok asked if the Dawn Acres siren has been repaired. Ms. Simonsen told Mr. Bok that it has been repaired. Mr. Bok then asked if the lean-to on the property adjacent to his would be removed. Ms. Simonsen told Mr. Bok that it would not.

Quincy Borland, 504½ Bridge Avenue, asked where the City/County meeting was on the agenda. Ms. Simonsen told him that it was read with the list of items on the consent agenda.

Glen McDaniel, 701 Garfield, told the Council that there are political signs on the right-of-way coming into the City.

Mary Ellen Johnson, 331 Willamor Circle, president of the Downtown Association, requested the city co-sponsor a community holiday tree at the intersection of North Broadway and Fountain Street. She explained that several activities are planned in conjunction with the tree lighting on November 26.

Councilor Erdman moved, Councilor Kron seconded, that the City co-sponsor the community holiday tree as requested by the Downtown Association. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the sponsorship authorized

Dani Heiny, general manager of KSMQ, requested the City be a part of a yet to be formed non-profit corporation to accept the transfer of the KSMQ license. She explained that the license was previously owned by the Austin Public School system and that the district feels this is becoming too much of a responsibility. She noted that a group of collaborators have come together to put together a community licensee. She requested the City become a charter member of the board for this new corporation, appoint a representative to the board and commit to a contribution of between $25,000 and $50,000 per year for a three year period or an in-kind contribution.

Discussion included a desire to commit to being a charter member, examples of in-kind contributions, other community contributions, what the station would offer Albert Lea, planned programming, a desire for more discussion regarding a financial commitment, the possibility of a duplication of service, and ways to finance a commitment.

Councilor Kron moved to table the commitment to permit time for a workshop on this issue. Councilor Marin seconded the motion. On roll call vote, Councilors Amundson, Marin and Kron voted in favor of the motion with Councilors Erdman, Fjelstad, Brooks and Mayor Eaton voting nay. Mayor Eaton declared the motion defeated.

Additional discussion included commitments from other communities, the possibility of sharing in-kind services through the Convention and Visitors Bureau, funding available for this commitment and a need to make a decision to permit the group to submit an application to the state as soon as possible.

Councilor Fjelstad moved, Councilor Erdman seconded, that the City become a charter member of the corporation. On roll call vote, Councilors Amundson, Erdman, Fjelstad, Brooks and Mayor Eaton voted in favor of said motion, with Councilors Marin and Kron voting nay. Mayor Eaton declared the motion carried.

Tom Leito, representing REACT, a radio club, told the Council that the group had received a grant to purchase radio equipment and need to find a site to place the equipment. They are requesting permission to install the antenna at the Brookside water tower and to tap into the power source at that site. The group would reimburse the City for their share of the electricity. The club has assisted Albert Lea in natural disasters and other events since the early 1970’s. The antenna would be used to provide communication in the form of crowd monitoring, traffic control, searches, storm spotting and other safety issues at local events.

City Manager Simonsen noted that the City currently has two contracts for use of the Fountain Street water tower at approximately $1000 per month per contract. This is the first non-profit request for this purpose.

After Council discussion, Councilor Fjelstad moved, Councilor Amundson seconded, that Resolution 04-220, approving the REACT request to install equipment on the Brookside water tower, reimbursing the City for its share of electricity and coordinating this installation with the City Engineer and the Inspection Department, 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

04-220 included with these minutes.)

Councilor Amundson moved, Councilor Fjelstad seconded, that the Sale of Bonds approval be moved to this point in the agenda to permit the Springsted representative to return to the Twin Cities earlier. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the item moved.

City Manager Simonsen explained that the City staff is opposing issuing bonds for the purpose of refunding two previous bond issues (Series 1995A and Series 1997A Permanent Improvement Revolving Fund Bonds). The two previous issues have a call date of February 1, 2005 and this is the City’s first opportunity to refund these bonds and take advantage of lower interest rates. The resolution authorizes the staff to proceed with offering bonds for sale. The actual award of the bonds would be held on November 22 at the regular City Council meeting.

Bob Thistle, Springsted, Inc., explained that this resolution provides for the issuance and sale of approximately $1,285,000 General Obligation Permanent Improvement Revolving Fund Refunding Bonds, Series 2004A. He noted that the City will save approximately $103,000in interest and that the present value is $80,000. He commented that the bids would be opened on November 22 and that 150 to 200 financial institutions will receive an invitation to bid.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-221, providing for the issuance and sale of approximately $1,285,000 G.O. PIRF Refunding Bonds, Series 2004A, 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

04-221 included with these minutes.)

Mayor Eaton requested a five minute break. On roll call vote, all Councilors voted in favor of this request.

Councilor Marin moved, Councilor Amundson seconded, that the proposed 2005 Convention and Visitors Bureau Agreement with a one-year subsequent renewal term 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

04-222 included with these minutes.)

Mayor Eaton asked for Council direction with regard to the Celebrate Albert Lea event. She noted that this committee was formed to raise funds for the upcoming sesquicentennial but that the committee is now defunct.

Council discussion included discontinuing the event, merging the event with another event, canceling for 2005 with a return in 2006, a need for professional coordination and funding.

After Council discussion, Councilor Kron moved, Councilor Fjelstad seconded, that the Celebrate Albert Lea 2005 event be disbanded. On roll call vote, Councilors Amundson, Erdman, Kron and Mayor Eaton voted in favor of the motion with Councilors Marin, Fjelstad and Brooks voting nay. Mayor Eaton declared the motion carried.

Mayor Eaton then asked the Council for direction regarding the sesquicentennial.

Councilor Brooks moved, Councilor Kron seconded, that this item be discussed at a later date.

Council discussion included a need to pay someone to organize the event, a question of funding, a desire to turn over to the design steering committee and the fact that this event is a issue of pride.

After Council discussion, Councilor Brooks withdrew his motion and the second concurred. The item was tabled to a future date.

City Manager Simonsen told the Council that the County Administrator has suggested three dates in November for a joint City/County meeting, the 9^th, 11^th or 15^th at 5:30 or 6 p.m. The agenda for the meeting will include KSMQ and members of the watershed board will attend.

Councilor Marin moved, Councilor Erdman seconded, that the joint meeting be scheduled for November 15 at 6 p.m. at City Hall. On roll call vote all Councilors voted in favor of said motion with the exception of County Fjelstad who voted nay. Mayor Eaton declared the motion carried and the meeting called.

City Manager Simonsen explained that the Council needs to call a special meeting for November 3 to canvass the general election results.

Councilor Marin moved, Councilor Erdman seconded, that a special meeting be called for November 3, 2004 at 10:30 a.m. to canvass the results of the general election. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the special meeting set.

Thomas and Angie Nelson, 2320 Sorensen Road, have requested extension of sanitary sewer to their property line. The property was annexed into the City previously and is attached to City water. The Nelson have indicated their agreement to pay the City trunk sewer assessment and have asked that the assessment be placed on their property taxes for payment over a ten-year period.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-223, authorizing the extension of City sewer to 2320 Sorensen Road, 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

04-223 included with these minutes.)

The City received a letter from Dan DeBoer, representing Crossroads Evangelical Free Church, requesting permission to install a temporary classroom building for two to three years until permanent construction can take place.

Jim Hove, 1306 West Clark Street, appeared before the City Council to respond to any questions. Ms. Simonsen asked if involvement in the church has proven to be more than anticipated with the new building. Mr. Hove responded that it had, that membership has increased.

Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-224, granting a temporary use permit to Crossroads Evangelical Free Church for a temporary classroom building for two to three years, 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

04-224 included with these minutes.)

City Manager Simonsen explained that City Charter Section 6.02 Subd. 3 states that new department heads may be subject to City Council approval no later than 30 days after the date of appointment. Rhonda Krcil was appointed as Finance Director on September 27 and Michael Zelenak was appointed Human Resources Director on October 18. Ms. Simonsen is requesting Council confirmation of these appointments.

Councilor Kron moved, Councilor Amundson seconded, that the 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.

Ms. Simonsen reported that City staff has drafted a policy for Council review regarding the handling of liquor license violations. The policy establishes the procedure for reviewing liquor license violations, a best practices program and incentives to discourage sales to underage buyers.

City Attorney Schwab explained that the policy formalizes the procedures for dealing with liquor violations, keeps the Council more involved in the process and sets forth presumptive penalties.

Jeff Fjelstad excused himself from the Council and spoke to the Council as a liquor license holder. He opposes the alcohol stings. He spoke in favor of a policy for liquor violations setting forth the monetary penalties, the timeline and suspension penalties. With regard to the best practices program, he suggested the staff meet with license holders to obtain direction from those affected by the policy.

Lt. Phil Bartusek, Albert Lea Police Department, commented that this policy is currently in use in other communities and noted that the best practices program is very successful in Burnsville and other areas in which it is used. He responded to Mr. Fjelstad that the alcohol stings are not entrapment. The individuals participating in these stings use their own ID’s and are trained to perform the duties. He noted that the Police Department works very hard with liquor licensees to train them in proper practices. He volunteered to work on the committee to establish the best practices program.

After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 04-225, approving a liquor violation policy, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained and Councilor Brooks who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

04-225 included with these minutes.)

City Manager Simonsen explained that the Police Department is requesting an amendment to the City Code to provide for the Automated Pawn System®. The system is a searchable database containing items pawned, dates pawned, as well as information on the person who pawned the item. The system allows better tracking of items that are potentially stolen goods. It serves as an investigative tool for the police department and is especially helpful when looking for a person who may be involved in criminal activity. As a regulatory tool, the system assists the local jurisdiction in keeping pawn shops and secondhand stores in compliance with the terms of their license and local ordinances. There are currently 94 law enforcement agencies participating in the system in Minnesota and the cost to belong to the program includes a one-time setup and training fee of $1050 which includes 10 hours of training time. The City will be billed $1.00 per billable transaction and the cost may be passed on to the business.

Detective Ben Mortenson of the Albert Lea Police Department noted that the information would be added to the system by computer and would be checked by the Police Department the next day.

Pete Reinert, KC Pawn, told the Council that he doesn’t object to complying with APS. He noted that this ordinance was taken from the Minneapolis pawn shop ordinance and compliance is difficult. He commented that he would probably have to close his shop. He has spent $100,000 on his business and will address the City Council at the public hearing.

Councilor Fjelstad introduced Ordinance 85, 3d. Ordinance 85, 3d will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance

85, 3d included with these minutes.)

City Manager Simonsen reported that this resolution would authorize staff to submit an application for funding for urgent needs as a result of recent flooding from the Minnesota Department of Employment and Economic Development.

Councilor Brooks requested that if the grant isn’t approved, the City should continue to study the businesses and problems in the East Main area.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-226, authorizing submission of grant application to the Minnesota Department of Employment and Economic Development, 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

04-226 included with these minutes.)

(1)  Reminded the community that the FEMA office will be closing on Saturday, October 30.

(2)  Reminded the community that the Minnesota Design Team will be in Albert Lea on Monday, November 1, at 5 p.m. at Riverland to present the final results to the community.

(3)  Noted that Albert Lea Listens will be giving its results on November 4 at 7 p.m. at the Civic Theatre.

(4)  Suggested reading Boomtown USA by Jack Schultz.

Second Ward, Councilor Erdman:

(1)  Presented a petition to the Mayor requesting Council enact an ordinance banning wood burning furnaces in the City. He requested the staff review and come back with a recommendation.

 

City Attorney Schwab told Councilor Erdman that Fire and Inspection has been down to the residence. He explained that the property owner is doing nothing illegal. The burning boiler meets requirements of the building code, the fire code and the MPCA rules. He noted that he will probably not recommend passing an ordinance for these furnaces. He explained that Austin recently considered this ordinance and has decided to take no action. These boilers are being legally sold to individuals and violate no codes.

 

(2)  Asked about the condition of the Freeborn Bank Building, will it survive the winter.

 

Rich Sydnes, Chief of Fire and Inspection, told Mr. Erdman that the department goes through the building periodically. He noted that problems were experienced last spring with mold and leakage. There was more roof leakage than anticipated. If the City doesn’t heat the building this winter, we will have the same problems next spring. There are 36 windows broken out which will cost approximately $1800 to replace with glass, the furnace will cost approximately $3800 to repair, tuck pointing can be done on the building. It is difficult to detect leaks on a flat roof. It would cost approximately $50,000 to replace the roof. He estimated $6000 to $7000 to shore up the building for the winter in addition to heating costs.

 

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that the staff take bids on the repairs. Chief Sydnes told Councilor Erdman that he could obtain bids but that there is three to five weeks delivery on the parts necessary to complete the repairs. Councilor Erdman then amended his motion to authorize the repairs to the Freeborn Bank Building including window replacement, heating system repairs, roof patching and electrical system repairs. Councilor Kron concurred with the amendment. 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

04-227 included with these minutes.)

(3)  Asked that he be kept informed on what is happening with the meth house at 502 West William. He wants to keep the neighbors informed. Ms. Simonsen commented that the Police Department will be working with the owners to get it cleaned up. Unfortunately it doesn’t fall under the strict timelines of the new County ordinance as it occurred prior to the ordinance effective date.

(4)  Thanked Councilors Marin and Fjelstad, Mayor Eaton and City Manager Simonsen for participation in the City clean-up day. Public participation was appreciated.

 

Third Ward, Councilor Marin:

(1)  Echoed Councilor Erdman’s comments about the clean-up day – it was a great success.

(2)  Thanked the City Engineer and City crews for responding so quickly to his request for installation of curb cuts on Front and Maplehill.

(3)  Asked about any ordinance prohibiting parking in front of mailboxes.

(4)  Received a request for estimates on installing sidewalk on South Fourth Avenue.

(5)  Reported an issue in the 5^th Ward at the corner of College and Euclid. A continuing problem

exists with car trailers with cars on them left for weeks at a time. Curb painting on one side of the street simply moved the vehicles to the other side of the street. Requested staff look at this immediately and get back to the Council immediately. Chief Sydnes told Councilor Marin that this is a problem address. The vehicles are licensed and can be started. Councilor Marin suggested the City look at an ordinance limiting the number of vehicles to the number of bedrooms or something similar.

 

Sixth Ward, Councilor Brooks:

(1)  Asked Mr. Jahnke to look at some type of traffic control at the corner of St. Joseph and 6^th Street and Virginia Place and 5^th Street.

 

Councilor Marin moved, Councilor Kron 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, November 8, 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 26, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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