Albert Lea, Minnesota 

November 9, 2005 (Scroll down for November 14, 2005)

Pursuant to due call and notice the City Council of the City of Albert Lea met in special session at 12:00 noon on Wednesday, November 9, 2005, to canvass the election returns of the special municipal election held on November 8, 2005. Said meeting was called as provided for in Section 4.01 of the Charter of the City of Albert Lea.

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad and Mayor Pro Tempore Al Brooks. Also present were City Manager Victoria Simonsen and Council Secretary Sandi Behrens.

The City Council reviewed the ballots cast in the November 8, 2005 special municipal election and noted that the following vote totals were secured:

A.  The number of votes cast was 4,359.

 

B.  The ballots cast for the local option sales tax were:

                                                                            Yes                 3,535

                                                                            No                      819

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-228, certifying the canvass of the special municipal election be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-228 included with these minutes.)

Councilor Marin moved, Councilor Rasmussen seconded, that there being no further business, the meeting be adjourned. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the meeting adjourned.

Filed and attested November 9, 2005.

 /S/ Sandi Behrens                                                                  /S/ Al Brooks                                                                 

Secretary of the Council                                                        Mayor Pro Tempore

Albert Lea, Minnesota 

November 14, 2005

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 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.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF OCTOBER 24, 2005 AND THE SPECIAL MEETING OF NOVEMBER 9, 2005.

 

(b) LICENSES APPROVED:

Billiards/Pool Tables

Grumpy’s, 137 East Clark Street

 

Cabaret

Grumpy’s, 137 East Clark Street

 

Cigarette

Book World, 2510 North Bridge Avenue

Grumpy’s, 137 East Clark Street

 

Mechanical Amusement Device (Operator)

Grumpy’s, 137 East Clark Street

 

Tree Trimmer

Albert Lea Stump Grinders, LLC, 1809 Waldorf Road

(c) RESOLUTION 05-229 ADOPTED – CLAIMS: Resolution 05-229 presents the financial claims of the City.

(See Secretary's Original Resolution

05-229 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:

• The stop sign at Johnson and North Shore has been installed and will remain permanently.

• The street light at Regency Lane and Gateway Drive has been scheduled and Alliant will install the latter part of November or early December.

• The Engineering Department has looked at street lighting in the Oakwood Terrace area. The current lighting meets code standards.

• The City Engineer and Councilor Brooks will be looking at the signage for the New Hills area.

• The City’s tanker trucks were in Hollandale as authorized by the Wastewater Treatment Plant Chief Operator for certification. The certification and inspection was done by a certified inspector and the contractor paid for the inspection. The inspector found that the tank was in need of repair. The truck was taken to Albert lea Trailer for repairs costing $1600.

• The sludge hauling is almost complete. The City’s trucks were used for 1½ weeks with 2½ million gallons of sludge transported.

• The City has received requests for grant funds. Staff will notify each grantee of the proposed amounts and that these amounts will not be official until the 2006 budget is adopted on December 6.

Glen McDaniel, 701 Garfield, complained about the sidewalk along the Milwaukee Railroad track at Garfield and Front.

Mary Severtson, 1905 South Shore Drive, reported that she believes the Lembke house is being sold and asked who will be responsible for replacing the road if the house is sold. City Engineer Jahnke responded that the new owner will be responsible and that he has spoken with the purchaser and he is aware of the issue.

Manuel Cantu Jr., 113 McArthur Drive, complained that he had a fire and he can’t get any answers to his questions. City Manager Simonsen explained that Staff has scheduled a meeting with Mr. Cantu tomorrow.

Roger Bok, 1012 Cato Drive, stated that the Garfield/Front railroad crossing is the only one in town that doesn’t have a crosswalk. He asked why Broadway hasn’t yet been stenciled. He noted that the County’s pedestrian crosswalk sign should have an arrow showing where the crosswalk is located. He reported that the City parking lot needs sweeping, there are overhanging branches on Third Street west of Broadway, boat trailer hitches are sticking out over the sidewalk at the Pierz Marine building and department heads cannot authorize that trucks be taken out of the City. He asked who is responsible for paying the repair bill for the tanker truck and City Engineer Jahnke responded that the City bears responsibility for repairs. He reported a large pothole at the driveway into the Village Cooperative development. City Engineer Jahnke noted that he has been in contact with the Minnesota Department of Transportation and that they confirmed that the painting is their responsibility.

City Manager Simonsen explained that the Faith Community of the Sesquicentennial Committee is requesting the City accept a donation of a 34 foot commercial grade gazebo to be installed in Memorial Park. The group would like to conduct soil testing and develop a foundation plan this fall and construct the gazebo next spring. The Park & Recreation Board has recommended that the City accept the donation.

Councilor Brooks moved, Councilor Rasmussen seconded, that the donation of the gazebo for Memorial Park be accepted.

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

05-230 included with these minutes.)

City Manager Simonsen explained that for the past couple of years the Cub Scouts have used Edgewater Park and the facilities for their day camp. In 2006 they are requesting the use of the park and facilities for their Cub Scout day camp once again. The dates of the event are June 14 and 15, 2006 for day camp and for an overnight camp with tenting at Bancroft Bay on June 16 and 17. The Park & Recreation Board has recommended approval of this event.

Councilor Brooks moved, Councilor Severtson seconded, that the request of the Boy Scouts to use Edgewater Park and Bancroft Bay Park as outlined, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and permission granted.

Don A. Johnson, president of Destination Albert Lea, told the City Council that City Staff had been very helpful with the holiday tree and lighting arrangements. The group is notifying the Council that they will be paying for one-half of the tree moving bill and will be paying for all of the tree lights.

Mary Ellen Johnson, president of the Downtown Association, reported that the downtown tree lights are worn out and in need of replacement. She noted that because of the expense of the lights recommended by the Park Department, they are asking that the City purchase these lights and that the Downtown Association will pay $200 toward the cost of replacement.

Councilor Erdman moved, Councilor Marin seconded, that the City pay the remaining cost for the holiday tree move and the replacement of the downtown tree lights. 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

05-231 included with these minutes.)

City Manager Simonsen reported that Mayor Summers has been notified that the City’s Comprehensive Annual Financial Report for the fiscal year ended December 31, 2004 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate is being awarded to Rhonda Krcil, Finance Director. The award is presented by the Government Finance Officer’s Association (GFOA) a non-profit professional association serving approximately 16,000 government finance professionals.

Mayor Summers then read the plaque and presented it to Krcil.

Ms. Simonsen reported that with the passage of the local sales and use tax by the citizens of Albert Lea on November 8, 2005, a resolution authorizing an agreement between the Minnesota Department of Revenue and the City of Albert Lea for collection of the tax is required. The Department of Revenue will administer and collect the local sales and use tax as authorized under Minnesota Statute. Money collected by the Department will be deposited in the State Treasury and credited to a special account and transmit collections to the City of Albert Lea. The City will accrue no interest on this account. The Department of Revenue will transmit the local sales and use taxes reported through the automatic clearing house system. A report will be sent to the City indicating the total amount collected, corresponding adjustments, prior month corrections and administrative fees retained. The Department will provide the City of Albert Lea with an annual report showing information about local taxes. This resolution would authorize the Mayor and City Manager to enter into an agreement with the Minnesota Department of Revenue for collection of the local sales and use tax.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 05-232, requesting the State establish a City sales and use tax, 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

05-232 included with these minutes.)

Ms. Simonsen explained that this is the first reading of an ordinance to authorize the City to impose an additional sales tax within the City to provide revenues to pay certain costs related to the funding of lake improvement projects. The tax imposed under 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. The application and administration of the City’s sales tax shall be consistent with the State general sales and use tax. The ordinance details exemptions from the taxes as well as the necessary permit for businesses conducting retail sales within the City of Albert Lea. The taxes authorized by this ordinance shall apply to sales made on or after April 1, 2006 and shall be in addition to all other taxes that are now in effect.

Councilor Severtson introduced Ordinance 96, 3d, authorizing a local option sales and use tax. Ordinance 96, 3d will lay over for a second reading and public hearing pursuant to Charter requirements

(See Secretary's Original Ordinance

96, 3d included with these minutes.)

City Manager Simonsen explained that with the upcoming holiday season, it is necessary to revise the meeting schedule of the City Council for the remainder of the year. The preagenda meeting that is typically scheduled for the Thursday preceding the second Council meeting be scheduled for Tuesday, November 22^nd at 5:30 p.m. The City Council meeting scheduled for Monday, December 26^th will be held Tuesday, December 27^th at 7:00 p.m.

Councilor Marin moved, Councilor Erdman seconded, that the dates for the meetings as recommended by the City Manager be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the meeting dates and times set.

City Manager Simonsen reported that the City Council adopts the fee structure for programs and services offered by the City of Albert Lea on an annual basis. Adjustments are being recommended in the following areas: Airport hanger rentals, DVD’s of Council meetings, spay and neutering contracts, pawn shop/pawn broker license, police protection for private events, costs for street openings, deposits for water meters and watermain tapping fees, and the elimination of Exhibit F regarding specific park and recreation programs. Costs for recreation programs will be included in the recreation brochure which is published seasonally.

After Council discussion, Councilor Brooks moved, Councilor Rasmussen seconded, that the 2006 fee schedule 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

05-233 included with these minutes.)

City Manager Simonsen explained that the Planning Commission held a public hearing to consider amending the conditional use permit for the Albert Lea Medical Center to allow an expansion including parking to be located at the old high school property and properties north of Water Street and south of the Medical Center parking lot on October 27, 2005. The Planning Commission has recommended the City Council approve the application to amend their conditional use permit.

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-234, amending the Albert Lea Medical Center’s Conditional Use Permit to allow an expansion, 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

05-234 included with these minutes.)

Ms. Simonsen stated that the Albert Lea Medical Center has made a request for change in 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.

Councilor Erdman introduced Ordinance 97, 3d, rezoning the Albert Lea Medical Center property from RP to PD. Ordinance 97, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary's Original Ordinance

97, 3d included with these minutes.)

City Manager Simonsen reported that this is the first reading of an ordinance to introduce an amendment to City Code Chapter 74 to allow signs on retractable awnings in the B-3 Business District. A public hearing was held by the Planning Commission on August 25, 2005 and the Commission has since voted unanimously to recommend to the City Council approval of an amendment to the zoning ordinance to include allowing signs on retractable awnings in the B-3 Central Business District. The awnings may 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.

Councilor Erdman introduced Ordinance 98, 3d, amending City Code Chapter 74 relating to signs on retractable awnings. Ordinance 98, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance

98, 3d included with these minutes.)

City Manager Simonsen noted that the City of Albert Lea has traditionally set an assessment interest rate based on the City’s last bond issue. The most recent bond sale resulted in an interest cost of 3.69%. In the prior 2001 bonds interest rates were 4.22%. It is the recommendation of the City Manager that we pass along these savings to our residents for future assessment projects at a slightly higher rate to reflect any losses incurred by the City in past debt through early assessment payoffs. It is recommended that the interest rate for assessable projects hereby be established at 5.25% until the sale of additional general obligation bonds in the future.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-235, setting assessment interest rates at 5.25 percent, be approved. 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

05-235 included with these minutes.)

This resolution authorizes a deferred compensation plan with Nationwide Retirement Solutions as agreed to in recent union negotiations. The establishment of the deferred compensation plan with Nationwide Retirement Solutions will be made available to all eligible employees pursuant to Section 457 of the Internal Revenue Code. This action would allow employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements. The resolution would authorize the City Manager to execute individual participation agreements with employees requesting to participate in the program.

Councilor Marin moved, Councilor Rasmussen seconded, that Resolution 05-236, authorizing the deferred compensation plan, 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

05-236 included with these minutes.)

Ms. Simonsen explained that this resolution authorizes the Mayor and City Manager to enter into an agreement with the Minnesota Department of Transportation for a grant agreement for airport maintenance and operation for the state fiscal years 2006 & 2007. The State agrees to reimburse the City for two-thirds of the direct, actual maintenance and operation costs not reimbursed by any other source, not to exceed $36,932 of state aid for each state fiscal year. This is the same amount agreed to the past two years. The majority of this funding will be used to pave the runway and upgrade lighting at the airport.

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-237, approving a state aid agreement for airport maintenance and operation, 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

05-237 included with these minutes.)

This resolution approves the renewal of the lease for use of the Snyder Field area from Riverland Community College. The lease would be for a two-year period covering 2005 & 2006 at a cost of $1.00 per year. The agreement is the same as past years with the exception of the length of the contract which will be renegotiated in 2006.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 05-238, approving the renewal of the Snyder Field lease, be approved. 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

05-238 included with these minutes.)

Ms. Simonsen explained that this resolution authorizes the City Manager and Mayor to enter into an agreement with the Department of Employment and Economic Development (DEED) for a $600,000 grant to be used to acquire real property substantially damaged by flooding in the area during the September 2004 rain event. The agreement identifies that the City will use the funds to acquire fee simple title to the real property and acquire easements on the real property as necessary to rehabilitate and replace the property with publicly owned infrastructure.

Councilor Rasmussen moved, Councilor Erdman seconded, that Resolution 05-239, approving application for flood damage reduction grant assistance program, 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

05-239 included with these minutes.)

First Ward, Councilor Rasmussen:

(1) Congratulated the City and its citizens for overwhelmingly passing the local option sales tax.

(2) Requested staff look at putting a board in the lobby with a listing of all awards/certifications it has received.

Second Ward, Councilor Erdman:

(1) Received a complaint from the property owner at First Avenue and West Main about the new storm drain. Water backs up into his yard rather than down the storm drain. He asked if the drain was put in the wrong spot. He requested a written response.

(2) There are lights out in the downtown area, one on Fountain by the holiday tree, one by Sullivan’s Paint and one by Home Federal.

(3) Asked the City Engineer to explain the lack of lighting on East William. Mr. Jahnke explained that there are currently two street lights out and one street light has been removed. When the Hanson Building was taken down all of the lighting for that area was centered at the Hanson Building. The lighting was temporarily rewiring. We are currently in the process of rewiring the area and putting in a new center for the wiring. He hopes to have the lights working again by the end of November.

(4) Thanked Senator Sparks for bringing the Senate Capital Investment Committee to Albert Lea.

(5) Asked City Manager Simonsen to invite Senator Sparks and Representative Dorman to a pre-agenda meeting before the next session begins. It is important to have a better working relationship with our elected state officials.

(6) Volunteered his services to the Coalition for Greater Minnesota Cities. He is willing to become active in that organization.

Third Ward, Councilor Marin:

(1) A question was raised concerning his request for a street light at Regency and Gateway. This request did not occur on behalf of the City employee living in that area. It was requested by the condominium association on Regency.

(2) Had 55 out-of-town youth from California and Chicago in Albert Lea for the Third Annual Youth Conference this past weekend. They were thoroughly impressed with the City and the Mayor. He thanked the City for being such a fine, welcoming City.

Fifth Ward, Councilor Severtson:

(1) Agreed with Mr. Bok that someone should paint the crosswalks around the City.

Councilor Marin moved, Councilor Severtson 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 28, 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 15, 2005.

 /S/ Sandi Behrens                                                                  /S/ Aaron Summers                                                      

Secretary of the Council                                                        Mayor

2005 and archived minutes

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