Albert Lea, Minnesota 

November 28, 2005 

Reverend Curtis Zieske, Trinity Lutheran 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.

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, KATE Radio and KAAL-TV.

The Pledge of Allegiance was recited.

Mayor Summers reported that item 5-a has been deleted from the Council’s agenda at the request of Mr. Mark Stotts.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF NOVEMBER 14, 2005

 

(b) LICENSES APPROVED:

                          Off-Premises Liquor Sales

                          Aragon Bar, 130 West College, for a Christmas party at the Freeborn County 

                          Fairgrounds on December 10, 2005

(c) RESOLUTION 05-240 ADOPTED – APPROVING ALBERT LEA AMATEUR HOCKEY ASSOCIATION GAMBLING ACTIVITIES AT EDDIE'S BAR, 719 MARSHALL.

(See Secretary’s Original Resolution

05-240 included with these minutes.)

(d) RESOLUTION 05-241 ADOPTED – APPROVING ALBERT LEA AMATEUR HOCKEY ASSOCIATION GAMBLING ACTIVITIES AT CUBBY HOLE, 721 MARSHALL.

(See Secretary’s Original Resolution

05-241 included with these minutes.)

(e) RESOLUTION 05-242 ADOPTED – APPROVING ALBERT LEA AMATEUR HOCKEY ASSOCIATION GAMBLING ACTIVITIES AT CHASERS, 1119 SOUTH BROADWAY.

(See Secretary’s Original Resolution

05-242 included with these minutes.)

(f) RESOLUTION 05-243 ADOPTED – APPROVING ALBERT LEA AMATEUR HOCKEY ASSOCIATION GAMBLING ACTIVITIES AT MEXICO LINDO, 804 EAST MAIN.

(See Secretary’s Original Resolution

05-243 included with these minutes.)

(g) RESOLUTION 05-244 ADOPTED – CLAIMS: Resolution 05-244 presents the financial claims of the City.

(See Secretary's Original Resolution

05-244 included with these minutes.)

Councilor Brooks moved, Councilor Severtson seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Summers 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 a request for a pedestrian crosswalk on Garfield Avenue near the DM & E Railroad, the Engineering Department has explained that this request has come up on several occasions and the reasons for not putting a controlled crosswalk at this location are:

  o Putting a controlled crosswalk at this location would cause more harm than benefit. A primary concern is that a painted crosswalk close to the railroad tracks would cause confusion with both railroad paintings and crosswalk paintings located in the same area.

  o The railroad will not grant permission to install a crosswalk in the right-of-way.

  o Extending the sidewalk past the tracks on the west side of Garfield with a controlled crosswalk further south could potentially be more dangerous than not installing a crosswalk. Engineering has talked with people walking in this area and were told they would still cross at the railroad tracks.

  o Extending the sidewalk on the east side of the roadway north to Eberhart with a crossing installed at that location would cost approximately $14,000.

• A question was raised with regard to rebuilding the roadway on South Shore Drive. If the property is sold, a new property owner will be responsible for constructing a portion of the roadway.

• South Broadway centerline marking was addressed. When contacted in July, MN Dot indicated the work would be done in late summer or early fall. When contacted recently, MN Dot stated that they won’t be able to get this section painted this year. Ms. Simonsen also commented that in the past couple of years, MN Dot has changed its procedures on painting roadways. They now will only paint school crossings and centerline markings. The City will be responsible for painting crossings elsewhere.

• A request for down arrow signs at pedestrian crosswalks was received. The May 2005 Minnesota Manual on Uniform Traffic Control Devices recommends down arrows at pedestrian crossings. The arrows will be required at all pedestrian crossings by January 17, 2011. The Street Department will schedule installation of down arrows on all pedestrian signs in Albert Lea.

• A complaint was received that hitches are overhanging the sidewalk at Broadway and Third Street. The business has agreed to keep the hitches from overhanging the sidewalk.

• With regard to a complaint received about bushes overhanging the sidewalk on Third Street, a letter has been sent to the homeowner.

• A request to grade Cato Drive to the entire 30 feet of right-of-way was received. Because this is a gravel roadway, there needs to be a drainage way on each side of the roadway for flowing water. If the road is graded to 30 feet, the drainage would not be possible.

• A complaint about a large pothole at the Village Cooperative site was received. Upon inspection, the shoulder on Stevens Street has been cut out in order to prepare the private roadway to the building. The low shoulder has been marked.

• A request was made to move a dead end sign on Stevens Street. No change is recommended.

• A request to replace or repair street lights in the downtown area was made. This request has been forwarded to Alliant.

• Councilor Erdman requested written information on the drainage at First Avenue and West Main Street. MN Dot worked with the property owner to reduce stormwater drainage issues at this location when the bridges on West Main Street were reconstructed. During heavy rains, water does run into his yard. A written report has been provided to Councilor Erdman and the homeowner.

• A request was made for a back-up plan if Snyder Field is not available in 2007. Brad Doss, Riverland Business Manager, has indicated that they have no plans for this area at this time. The Park and Recreation Board and staff will be looking at alternatives.

Roger Bok, 1012 Cato Drive, asked why the tanker truck has its wheels in the air, noted that other pedestrian crossings have been marked along railroad crossings, reported that scraping has not been done at Broadway and Seventh Street, stated that other communities already have down arrows installed at pedestrian crossings, reported that Village Cooperatives driveway and median is in the right-of-way, reported that there is an intake on the south side of Stevens Street that is full of water, suggested the City staff look at Hugh O’Byrne’s ponds as it is required that a fence must be installed if a pond is at least 18 inches deep. Mr. Bok also reported that a special written permit is required for the animals being kept behind his house and asked to see a copy of this permit. He suggested that the code provisions for animals needs to be updated and that charges for attachment of private sump pumps to the City sewer system may be levied.

Jody Nechanicky, owner of the Heart of the Artichoke, asked if the two-hour parking signs in the City Center parking lot will be replaced. She explained that her customers are having difficulty finding parking spaces in the area. Ms. Simonsen suggested she call the Police Department if she notices overtime parking in the restricted stalls.

Deacon Mike Ellis appeared to request a parade permit and either a police escort or barricading of streets for the 100-200 people participating in a procession to celebrate the Feast of Our Lady of Guadalupe on December 12 at 5:30 p.m.

Councilor Marin moved, Councilor Brooks seconded, that the parade permit and police escort be approved. City Manager Simonsen suggested Mr. Ellis coordinate this activity with the Police Chief.

On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request granted.

City Manager Simonsen explained that the Eagles Club is requesting approval for special use of the alley behind their club and four to six parking stalls in the parking lot near the Eagles side entrance, changing the name of the alley to Eagles Lane, closure of St. Mary Avenue between Main and William, and use of electricity from the Morin Park warming house on Saturday, January 14, 2006 from 8 a.m. to 4 p.m. This is part of the Eagles Cancer Fund Raising Project that the club has been participating in for the past seven years.

Councilor Fjelstad moved, Councilor Marin seconded, that the request of the Eagles Club as outlined be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and request approved.

The City has received a request from Lonny Van Riper, 722 Pillsbury Avenue, for a temporary handicap sign on the street in front of her house. She currently has a dumpster located in the alley in front of her garage and is unable to park at that location. Due to a medical condition in her family she is requesting the temporary handicap sign for 6 months to ensure a parking spot for the family member. City staff has reviewed the request and has no objections to placing the sign for a six-month period.

Councilor Severtson moved, Councilor Brooks seconded, that the request for a temporary handicap sign at 722 Pillsbury Avenue be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request approved.

City Manager Simonsen reported that the Albert Lea School District has requested that the City of Albert Lea install a no parking sign on the south side of Fountain Street between First and Second Avenue. This is a location with higher traffic flows and no crossing guard. The vehicle parking and traffic make it difficult to see children crossing the street from the south to the north. City staff is recommending installation of no parking signs at this location.

Councilor Erdman moved, Councilor Rasmussen seconded, that the request for placement of a no parking sign on the south side of Fountain between First and Second Avenue be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request approved.

Lt. Phil Bartusek of the Albert Lea Police Department presented the ZAP Coalition request for funding and a PowerPoint presentation on the successes of the program. He explained that the grant monies received for this program are gone and requested the City match the County financial support with a $2000 contribution to the program.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-245, approving a $2000 contribution to the ZAP program, 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

05-245 included with these minutes.)

Jon Ford, Executive Director of the Albert Lea Housing Authority, presented a request to submit the Minnesota Cities Participation Program Application countywide instead of citywide as has been done in the past. Ms. Simonsen noted that the HRA will coordinate this program.

Councilor Brooks moved, Councilor Severtson seconded, that the request to submit the application countywide be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request approved.

City Manager Simonsen explained that this is the second reading and public hearing for Ordinance 96, 3d, Authorizing a Local Option Sales and Use Tax. This ordinance would authorize the City to impose an additional one-half of one percent sales tax within the City of Albert Lea to provide revenues to pay certain costs related to the funding of lake improvement projects. The tax imposed by this ordinance is intended to be collected, for the most part, on the same items as the state general sales and use tax imposed by Minnesota Statute Chapter 297a. The ordinance further outlines exemptions to the sales tax, the permitting process, and the collection of sales tax at time of sale. The taxes authorized by this ordinance will apply to sales made on or after April 1, 2006 and shall be in addition to all other taxes now in effect. The necessary notice for this hearing was published on November 16, 2005.

Mayor Summers called for public comment. No public comment was received. On roll call vote, all Councilors voted in favor of said ordinance. Mayor Summers declared the ordinance enacted.

(See Secretary’s Original Ordinance

96, 3d included with these minutes.)

City Manager Simonsen reported that this is the second reading and public hearing to change the zoning classification for the old high school property and other properties north of Water Street and south of the Medical Center parking lot from RP (Residential Preservation) to PD (Planned Development). The Planning Commission held a public hearing on October 27^th, 2005 and is recommending the rezoning change. The necessary notice for this hearing was published on November 16, 2005.

Mayor Summers called for public comment. No public comment was received. On roll call vote, all Councilors voted in favor of said ordinance with the exception of Councilor Rasmussen who abstained. Mayor Summers declared the ordinance enacted.

(See Secretary's Original Ordinance

97, 3d included with these minutes.)

City Manager Simonsen explained that this is the second reading and public hearing of an ordinance to introduce an amendment to City Code Chapter 74 to allow signs on retractable awnings in the B-3 Central Business District. The Planning Commission held a public hearing and has since voted unanimously to recommend City Council approval of this amendment to the zoning ordinance. The ordinance would allow awnings to have the name of the business and/or street address printed on the street side valance of the awning. No part of the awning, including the valance, shall be less than 8 feet above the sidewalk. The necessary notice for this hearing was published on November 16, 2005.

Mayor Summers called for public comment.

Roger Bok, 1012 Cato Drive, questioned why the City is allowing signs for businesses before receiving Council approval.

On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the ordinance enacted.

(See Secretary's Original Ordinance

98, 3d included with these minutes.)

Ms. Simonsen stated that this resolution authorizes the City Manager to submit a grant application to the Minnesota Department of Education for a Public Library Accessibility Grant. In 2005 the State Legislature funded Library Accessibility and Improvement Grants at $1 million. The grant program financially assists communities in creating barrier free public library access to library users with physical disabilities. The program provides dollar-for-dollar competitive matching grants up to $200,000 to public libraries to make existing buildings compliant with Minnesota State Building Code and the American’s with Disabilities Act Accessibility Guidelines. The local match for the project must be paid with non-state funds excluding in-kind contributions.

The Southeastern Minnesota Center for Independent Living conducted an accessibility survey and made recommendations to our current physical location. The grant would allow the Albert Lea Public Library to occupy its existing space as well as the remainder of the second floor for library services. Specifically, the grant would expand user space for library patrons, upgrade restroom facilities, and provide ADA compliant fixtures throughout the facilities. City staff is recommending the application to be submitted at the maximum amount of $200,000 to be matched by city funds over fiscal years 2006 and 2007.

Councilor Rasmussen moved, Councilor Erdman seconded, that the submission of the grant application for the Public Library be authorized.

Library Director Peggy Havener appeared to answer Council questions. After Council discussion and 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

05-246 included with these minutes.)

City Manager Simonsen reported that City staff and Teamster’s Local 320 representing the Albert Lea Police Department have come to terms for a three-year contract for 2006, 2007 & 2008 with the wage portion to be reopened in 2007 and 2008. Several changes were made to the existing contract including items pertaining to classes, shifts, daylight savings time, sick leave, family and medical leave, uniform allowance, and shift differentials. Salaries were negotiated at a 2% cost of living increase for 2006.

Councilor Fjelstad moved, Councilor Erdman seconded, that the Teamsters Local 320 agreement be approved as negotiated.

After Council discussion and on roll call vote, Councilors Erdman, Marin and Fjelstad voted in favor of agreement approval. Councilors Rasmussen, Severtson, Brooks and Mayor Summers voted nay. Mayor Summers declared the motion defeated and the contract rejected.

City Manager Simonsen explained that this resolution establishes the salary and wages for 2006 non-union unclassified and hourly employees. The proposed salaries for 2006 include a 2% increase for all non-union hourly and unclassified positions except those recently hired or promoted. The effective date is December 19, 2005. This is the same amount granted to employees covered by bargaining units in 2006.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-247, adopting non-union unclassified and hourly employees, be approved. After Council discussion and on roll call vote, Councilors Rasmussen, Erdman, Marin, Fjelstad and Mayor Summers voted in favor of said motion with Councilors Severtson and Brooks voting nay. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-247 included with these minutes.)

Councilor Rasmussen asked that with the rejection of the Teamsters contract if the City Manager required direction. City Manager Simonsen responded that she will meet with the membership and explain the Council’s position. If the union isn’t willing to accept a three-year contract, she assumes that the entire contract will be back on the table.

This motion establishes the City of Albert Lea mileage reimbursement rates at 40.5¢ per mile for use of personal vehicles for approved city business. For individuals choosing to use their personal vehicles when a city vehicle is available, the reimbursement rate will be at 21.0¢ per mile. This reimbursement rate would be effective December 1^st, 2005.

Councilor Rasmussen moved, Councilor Marin seconded, that the mileage reimbursement rates be set as recommended by the City Manager. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the mileage reimbursement rates set.

Ms. Simonsen explained that the Engineering Department was recently asked to examine our industrial surcharge system for industry wastewater rates and analyze the revenue generated. Historically, the Wastewater Treatment Plant has been used as a marketing tool and the wastewater rates have been kept at attractive levels to encourage new "wet" industries to establish in Albert Lea.

A credit system was adopted to reward industries whose monthly discharge was less than the domestic threshold levels for BOD, TSS, and TKN. City staff examined several scenarios regarding changes to the credit system including eliminating the credit, and lowering or eliminating the domestic threshold levels. After examining the options, city staff is recommending the removal of the credit system for industries whose discharge is less than the domestic threshold. This will represent approximately $60,000 savings to the City of Albert Lea annually.

Councilor Severtson introduced Ordinance 99, 3d. Ordinance 99, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance

99, 3d included with these minutes.)

This resolution authorizes an agreement with MDI Limited Partnership #75 owner of the Lofts at Lea Center, 139 E. William Street. The agreement states that the City will provide up to 42 spaces in lots designated by the City and that MDI will be responsible for signing the spaces. The parking stalls will be available on a 24-hour/7 days per week basis to tenants of the Lofts at Lea Center. The City shall be responsible for all costs of maintaining and repairing the parking lot.

Councilor Erdman moved, Councilor Severtson seconded, that Resolution 05-248, approving the Lea Center parking agreement, be adopted. After Council discussion and 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

05-248 included with these minutes.)

Ms. Simonsen explained that the Utility Department is requesting authorization to replace their 2003 Bobcat #863 skid steer loader with a Case 430 Uni-Loader. The Utility Department uses this piece of equipment for breaking up concrete and asphalt. They also use this equipment for running their boring machine. These operations put a heavy toll on the hydraulics. In the past two years the machine’s hydraulics have needed repair over 20 times. No solutions have been provided by the Bobcat representative.

The City has received two quotes to replace the skid steer. Because it is fairly new, we are able to get a good trade-in value for it. The City received quotes from Case and Caterpillar for a replacement unit. The quotes were off the state contract. The Engineering Department is recommending a replacement with a Case 430 Uni-Loader with trade-in for a total price of $7,162.

Councilor Severtson moved, Councilor Rasmussen seconded, that Resolution 05-249, approving the purchase of a Case 430 Uni-Loader with trade-in, 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

05-249 included with these minutes.)

First Ward, Councilor Rasmussen:

(1) Reported that he has received inquiries from citizens as to how long building permits are effective.

(2) Wished good luck to all Albert Lea High School athletes with the start of the winter sports season.

Second Ward, Councilor Erdman:

(1) Received complaints from neighbors adjacent to 1015 and 1025 Dunham that very little improvement has been made to these properties. They question whether the City is enforcing City Codes.

(2) With the new development going in on East Main (Flying J), he suggested that it is imperative to discuss street lighting in that area in 2006. He noted that it is very dark in that area.

(3) Asked the Mayor to contact the new Mayor in Mason City to see if the two cities can work together on some projects.

Third Ward, Councilor Marin:

(1) Noted that last Tuesday he was scheduled to leave for Africa but that their visas and passports didn’t arrive in time. He welcomed his father to Albert Lea and noted that he is sitting in the audience.

Mayor Summers announced that the City Council will meet on Monday, December 5, at 7 p.m. to conduct a Truth-in-Taxation hearing and invited the public to attend.

Councilor Marin moved, Councilor Brooks 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, December 12, 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 November 29, 2005.

 /S/ Sandi Behrens                                                                  /S/ Aaron Summers                                                      

Secretary of the Council                                                        Mayor

2005 and archived minutes

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