Albert Lea, Minnesota 

December 27, 2005

 

 

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 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.

 

 

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 12, 2005 AND THE TRUTH-IN-TAXATION INITIAL HEARING ON DECEMBER 5, 2005.

 

(b) LICENSES APPROVED:

 

ANNUAL LICENSE:

 

Taxi

White Taxi, 2018 Highland Avenue

TEMPORARY LICENSES:

 

Off-Premises Liquor Sales

Aragon Bar, 130 West College, for the Hy-Vee Christmas party at the Freeborn County Fairgrounds on January 14, 2006

 

Public Dance

Aaron and Suhai Boyer, 1113 East Richway Drive, for a wedding dance at the National Guard Armory on December 17, 2005

 

(c) RESOLUTION 05-269 ADOPTED – CLAIMS: Resolution 05-269 presents the financial claims of the City.

(See Secretary's Original Resolution

05-269 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.

 

 

FOLLOW-UP TO PUBLIC CONCERNS

 

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

 

  • A request was received for a street light on Belmont Avenue. This has been installed.

  • A complaint was received about visibility at the south end of First Avenue. Police have provided additional patrolling in that area and have found no problems. They will continue to monitor the area.

  • A complaint was received about snow removal at Margaretha and 11th Street. Staff has spoken to the property owner and he has agreed to change the removal procedure.

  • As an update on the Wastewater Treatment Plant tanker, the tanker is still at Oyer’s property. He is waiting for a bid from Albert Lea Trailer. As soon as the bid is received, a decision will be made for repair or replacement of the unit.

 

 

RESOLUTION 05-270 ADOPTED - ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS FOR ST. JOHN’S LUTHERAN HOME PROJECT – PUBLIC HEARING

 

This is a public hearing for the issuance of Health Care Facilities Revenue Bonds to St. John’s Lutheran Home, Series 2006A totaling $5,315,000 and Series 2006B totaling $1,075,000, to refund their current bonds, make capital improvements to their existing facilities, fund the bond reserve fund, and pay the issuance costs of the new bonds. Federal tax law requires a public hearing and approval by the governing body as a pre-requisite for issuing tax exempt bonds. The issuance of the bonds will not constitute a general or legal obligation on the part of the city. The bonds shall be payable solely from said revenues and property specifically pledged to the payment of the project. The necessary notice for this hearing was published on December 12, 2005.

 

Councilor Severtson moved, Councilor Brooks seconded, to approve the issuance of the health care facilities revenue bonds for St. John’s Lutheran Home Project, 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

05-270 included with these minutes.)

 

 

RESOLUTION 05-271 ADOPTED - POLICE AND FIRE PENSION INTEREST FUND ALLOCATION – PUBLIC HEARING

 

City Manager Simonsen explained that this public hearing is to permit input from the public regarding the allocation of interest earnings from the Police & Fire Pension Refund Trust. Staff is anticipating approximately $470,000 in interest earnings from 2004 carryover and 2005 interest earnings that would be available toward special projects involving police and fire operations.

City staff is recommending that $40,000 be allocated as additional cost toward the mobile data system for police vehicles; $40,000 for an additional police squad car fully equipped; security cameras to be installed throughout the City Center at approximately $10,000; a warning siren for the Government Acres area at a cost of approximately $35,000; and $200,000 allocated toward the purchase of a new fire truck which is scheduled for replacement in 2006 at a total cost of nearly $400,000. Staff recommendations total $325,000 of the $470,000 of interest earnings that is currently available.

 

Mayor Summers opened the public hearing. The necessary notice for this hearing was published on December 15, 2005.

 

Mike Murtaugh, 313 Willamor Road, asked if the City has spent any of the principal. Ms. Simonsen responded that no principal has been spent, only interest. Mr. Murtaugh expressed his pleasure that no principal has been spent.

 

With no one else appearing to be heard, Mayor Summers closed the public hearing.

 

Councilor Brooks moved, Councilor Rasmussen seconded, that the staff’s recommendations for allocation, 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

05-271 included with these minutes.)

 

 

RESOLUTION 05-272 ADOPTED – SEWER AND WATER RATE INCREASES – PUBLIC HEARING

 

Ms. Simonsen explained that this is a public hearing to receive input regarding a proposed increase of 20% in both the sewer and water utility rates for 2006. The City of Albert Lea’s water and sewer funds have been operating at a loss for the past several years. City staff is recommending an increase in the sewer fund of 20% to cover increased operating costs, specifically increases in utility rates to operate the wastewater treatment plant. Although the increase produces nearly $600,000 in additional income, the fund continues to demonstrate a loss in 2006 and 2007. The 20% increase would result in approximately a $4.28 per month increase in a monthly sewer bill.

 

In the water fund, staff is also recommending a 20% increase in rates to cover operating losses. A 20% increase will generate approximately $240,000 in revenue toward the fund and is projected to result in a slight positive balance in 2006 and 2007. The proposed rate increase can be translated into a $2.12 average increase per homeowner.

 

She further explained that these are enterprise funds which means that they are operated as a business and that to continue operating at a loss can affect the City’s bond rating. The City constructed the Wastewater Treatment Plant largely based on the needs of Farmland. They announced closure a month after the plant opened. Since Farmland’s closure, the City has continued to try to generate enough revenue to offset the operating cost of the plant. Farmland was contributing about $50,000 a month in sewer revenue and similar or more in water usage. Since 1987, the water fund has seen a 35 percent increase including this proposed increase and the sewer fund has seen a 45 percent increase.

 

Mayor Summers opened the public hearing. The necessary notice for this hearing was published on December 16, 2005.

 

Jon Hibbard, owner of Albert Lea Plating, appeared before the Council. He stated that his company is a fairly large user of City sewer and water. He suggested that the City is causing them to fund a deficit. This increase will put them up about 65 percent in a three-year time span which is excessive. He noted that the City’s charges are higher than Owatonna’s which cause them to operate at a deficit. He noted that the heavy industrial users in Owatonna that continue to load the system have a specific sewer rate and industrial users such as his business get a far better break. He indicated his appreciation for the City’s elimination of the kickback program that has been in place for several years. He asked if the City is still running about four and a half million gallons a day. Mr. Jahnke stated that we are still at the same level. Mr. Hibbard noted that that the last two increases were based on the loss of Farmland. He asked that the City consider varying rates for cleaner water as opposed to those in non-compliance. A user who is consistently out of compliance and taking up 10 percent of the plant should receive a bill for that portion. Those causing the problem will either correct it through putting in their own capital for their own treatment or will pay for the non-compliance.

 

Doug Conn, 1500 Seath Drive, stated that he isn’t opposed to the increased rates but noted that at the time he built his home he asked for a separate meter for his underground sprinkler system. He was told that it is not necessary because the City would adjust his sewer rates for the summer months that the system is in use. In four years he hasn’t seen any adjustment in his sewer rate.

 

Norlan Stalhiem, 325 Glenn Road, waters his lawn through the summer and feels that he is paying for the water going on his lawn and not in his sewer.

 

Finance Director Rhonda Krcil explained that the rate structure is set on winter consumption and in the summer the customer pays sewer based on winter consumption.

 

Warren Miller, Schweigert Foods, explained that they employ about 350 people and that they are the number one water user and the number two sewer user in Albert Lea. He explained that they are looking at a $40,000 increase a year and with the elimination of the credits it will cost his company $100,000. He has been negotiating with the corporate headquarters for additional lines but these increases with affect these negotiations. He asked if the City would consider spreading this increase over a longer period of time, suggested the City hire an expert to look at the system and asked if the City would be willing to grant the company a six-month delay. He requested that if this delay is granted that it be provided in writing.

 

Mike Murtaugh, 313 Willamor Road, suggested an improved bill design showing the consumption, rates, etc. to permit the customer to better understand the bill. He also noted that the City switched power suppliers at the plant a few years ago and asked if the Alliant charges are still competitive with Freeborn-Mower Cooperative Services. Mr. Murtaugh also commented that the City installed a new meter in his home but installed it facing the wall making it difficult to read. He asked that this be corrected. He also asked that the City review the quarterly/monthly billing decision to determine if there may be a savings processing fewer bills. He also asked if he may pay his bill in advance.

 

Gladys Roberts, 119 South Broadway, stated that everything is being increased making it difficult to stay current on bills. She asked if the fixed rate charges are being increased 20 percent. She suggested gradual increases in rates.

 

Roger Bok, 1012 Cato Drive, asked why water bills are being processed in Des Moines and noted that the Council never authorized this.

 

Charlotte Nelson, 1521 West Clark Street, stated that she has seen an Owatonna water bill which does a much clearer job of explaining consumption and rates. She complained that these rates are continually being raised.

 

Norlan Stalhiem stated that when the interstates came in it was said that Albert Lea would be growing quickly and it has not.

 

Rhonda Krcil explained that the staff got quotes from two local companies which were substantially higher than the Des Moines quote and noted that she will be obtaining quotes again next year. It costs the City 51¢ per bill for processing and postage. She agreed to review the information provided on the bill. Both variable and fixed rates will also see a 20 percent increase. She noted that some people pay their bills quarterly and that is not a problem. Ms. Simonsen added that the City’s meter charge is higher comparatively and the staff will look at that.

 

Jon Hibbard asked if the City will continue with the same rate structure. The rate structure hasn’t been looked at by any outside firm for many years. As for the people not able to understand the bill, they must understand that you have to pay through every tier level. City Engineer Jahnke stated that the rate structure was reviewed in 1994.

 

Ms. Simonsen responded to Mr. Miller’s question regarding spreading the increase over several years by stating that even with a 20 percent increase this year we will still see a loss in that fund for the next two years. She noted that any additional spread will just cause the fund to remain in a deficit situation for a longer period of time. The plant has to continue to operate, the costs go up annually and the maintenance goes up annually. We don’t have any additional revenue to pay for it. Our water usage has not gone up for several years. A wet industry is needed to alleviate this situation. In regard to cost cutting methods, one of the things we have done is the installation of micro turbine units to generate power from methane gas. This has been very cost effective for the City and we are looking at additional units in 2006 and 2007. We try to have outside experts come in on a regular basis to offer alternatives for conservation.

 

Ms. Simonsen also responded to the question about competitive rates offered by Alliant and noted that she has received notification from Alliant that the municipal pumping is going up 22 percent. The Wastewater Treatment Plant alone will see an increase of $100,000 per year. She explained that she has appeared before the Public Utilities Commission and an administrative law judge to relate the hardship that this increase will create for our community. This is, however, a part of the rate increase. Automated meter reading is also a cost that we will have up-front but will pay off because we won’t need as many people reading meters. She reminded everyone that the reason we went to monthly billing was because it was becoming increasingly difficult for people to pay their bills quarterly. People still have the option to pay ahead. The cost to the City to go from monthly back to quarterly billing would only be a net savings to the City of $600 per year.

 

Mike Murtaugh then asked if the bill is paid quarterly whether he would still receive monthly bills and Ms. Simonsen responded that no credit statements would be issued.

 

Jon Hibbard suggested the City start taking credit cards. Ms. Simonsen responded that this is on our goal list for 2006 as well as a possibility of on-line payment.

 

Councilor Marin asked about whether the ethanol plants had made up any difference with water usage. Ms. Simonsen responded that Exol is our fifth or sixth largest sewer user. Mr. Jahnke commented that Exol is outside the City and have their own well system for water.

 

Jon Hibbard suggested the City not abolish credits for new industry but offer credits that are phased out over time.

 

Councilor Brooks commented that the City can’t continue operating these funds at a loss and he doesn’t want to see us lose our bond rating but he is opposed to the large increases.

 

Councilor Erdman moved, Councilor Fjelstad seconded, that the 20 percent increase in sewer and water rates be approved. Councilor Erdman commented that staff has explained the need for the increases and yet he understands the problems his constituents are facing. He suggested staff continue to study cost saving measures.

 

Councilor Severtson stated that since the plant has been built it has needed another facility to carry it. We have been looking for that industry for 30 years. It isn’t fair to continue to increase rates for citizens.

 

On roll call vote, Councilors Rasmussen, Erdman, Fjelstad and Mayor Summers voted in favor of the motion with Councilors Marin, Severtson and Brooks voting nay. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

05-272 included with these minutes.)

 

 

PUBLIC ITEMS

 

Roger Bok, 1012 Cato Drive, stated that the Mayor missed his Tuesday appointment and failed to call them, that the $400,000 for sludge hauling has not yet been accounted for and requested this accounting at the next meeting, asked why the sludge truck is still at Oyer’s noting that he is wanting to get pictures of it, and asked why the Front Street well has not yet been closed. City Engineer Jahnke stated that closure is in the process, the pump has been pulled out and the Minnesota Department of Health has been down and will instruct closure. Ms. Simonsen stated that this was addressed at length at the time the Council ordered closure. Mr. Bok stated that the residents shouldn’t have to drink water contaminated with PCB’s. He also stated that the median is in the right-of-way on Stevens Street and why lights have not yet been installed on East Main. He objected to the approval of funding for a Minnesota Design Team visit and the installation of the sump pump on Crestview.

 

Scot Spates, St. John’s Lutheran Home, appeared to respond to Council questions relating to their bond issue. Ms. Simonsen explained that the Council had approved that earlier.

 

Mike Murtaugh, 313 Willamor Road, stated his appreciation for airing City Council meetings and asked why we refused to air the County Board meetings. Ms. Simonsen explained that the County Administrator requested the City not air the tape and until the County Board chooses to have them aired, we will continue to deny airing requests. She noted that the public access channel is available for airing this private tape.

 

 

REQUEST TO REMOVE HANDICAPPED PARKING SIGN APPROVED

 

Ms. Simonsen explained that the homeowner at 222 East College Street has requested that the handicap sign in front of her property be removed. The previous owner was in need of a handicap sign and the new owner is requesting its removal. City staff is recommending approval of the request.

 

Councilor Severtson moved, Councilor Marin seconded, that the request for removal of the handicap parking sign be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request granted.

 

 

RESOLUTION 05-273 ADOPTED – APPROVING ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY

 

City Manager Simonsen reported that during the 2005 regular session of Minnesota State Legislature, it was mandated that every city develop and approve an out-of-state policy for its elected officials no later than January 1, 2006. This resolution would approve the out-of-state travel policy as attached. The general guidelines include that the event must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of travel. Whether the topic is relevant to the city, and whether the city has sufficient funding to pay for the cost of the trip. The resolution further outlines reimbursement procedures for the approved travel as well as use of materials gathered at the conference

 

Councilor Brooks moved, Councilor Marin seconded, that Resolution 05-273, approving the elected official out-of-state travel policy be approved as proposed. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and resolution adopted.

 

(See Secretary's Original Resolution

05-273 included with these minutes.)

 

 

MAYOR’S APPOINTMENTS

 

Mayor Summers requested Council confirmation of the following appointments to and resignations from various boards and commissions:

 

Library Board

Roger Lonning, 601 Cherry, resigned

Vern Rasmussen Jr., ex-officio, reappoint to coincide with Council term

 

Human Rights Commission

Jim Stoen, 1107 Marin Avenue, reappointment

Vern Rasmussen Jr., ex-officio, reappoint to coincide with Council term

 

Parks and Recreation Board

Greg Deyak, 1021 Skylark Lane, reappointment

Tom Sorenson, 1913 Keystone Drive, reappointment

Al Brooks, ex-officio, reappoint to coincide with Council term

 

Planning Commission

Mark Rofshus, 1505 Seath Drive, reappointment

Randy Erdman, ex-officio, reappoint to coincide with Council term

 

Airport Board

Chuck Sandager, 2137 Kenneth Drive, new appointment

John Severtson, ex-officio, reappoint to coincide with Council term

 

Board of Zoning Appeals

Jeff Fjelstad, ex-officio, reappoint to coincide with Council term

 

Housing and Redevelopment Authority

Eleanor Verdoorn, 800 Fourth Avenue South, resigned

Maureen Williams-Zelenak, 715 West Park Avenue, reappointment

Marwood Isaakson, 1216 Cedar Avenue, reappointment

Lowell Olson, 807 Bridge Avenue, reappointment

John Severtson, ex-officio, reappoint to coincide with Council term

 

 

RESOLUTION 05-274 ADOPTED – APPROVING BUDGET TRANSFERS

 

Ms. Simonsen reported that this resolution authorizes budget adjustments to balance individual departmental budgets within the general fund. City staff is recommending budget transfers be made as outlined in the resolution.

 

Councilor Severtson moved, Councilor Brooks seconded, that the budget transfers 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

05-274 included with these minutes.)

 

 

RESOLUTION 05-275 ADOPTED – CANCELING DEFERRED ASSESSMENTS

 

City Manager Simonsen reported that the Finance Director has reviewed the list of deferred assessments and is recommending the City Council cancel the following items:

 

  • Deferred Assessment 9715 – Extension of watermain along Plaza; this assessment will be collected when the area develops;

  • #0232 – Traffic Signal at Blake Avenue and East Main is not tied to any specific parcel. Recommending canceling $40,000 currently on the books;

  • Held for future assessment #0108 – Utilities for Home Depot area. Not tied to any specific parcel in the amount of $85,587.47;

  • #2009 – Overlay of Stevens Road – not eligible to be held for future assessment. $8,851.66;

  • #9506 & #9510 – Utilities along County Rd. 45. Four parcels will be serviced from the west rather than from the east totaling $97,142.25.

Upon Council request, Ms. Simonsen explained that occasionally when improvements are made to infrastructure a parcel or two hold deferred assessments that are not attached to a specific parcel and in other cases, projects contain assessments that are held for future assessment because the properties are not currently annexed and the City cannot attach the assessment until annexation occurs.

 

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that the deferred assessments identified be canceled. 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

05-275 included with these minutes.)

 

 

RESOLUTION 05-276 ADOPTED – APPROVING TAX INCREMENT FINANCE FUND TRANSFERS

 

Ms. Simonsen explained that it is necessary to transfer various Tax Increment Finance funds to repay advances, pay bond and interest payments and pay developers. She read the specific transfers included in the resolution.

 

Councilor Fjelstad moved, Councilor Severtson seconded, that Resolution 05-276, approving Tax Increment Finance fund transfers, 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

05-276 included with these minutes.)

 

 

RESOLUTION 05-277 ADOPTED – DECLARING SUPERIOR CORRUGATED LOAN NONPERFORMING

 

Ms. Simonsen reported that in October 2002 the City of Albert Lea loaned to Superior Corrugated Box, Inc. the sum of $165,000. In October 2004 (prior to the first payment being due), the company indicated that it was going out of business. The provisions of the loan provided that the first payment was not due until December of 2004. Following nonpayment in December, the City wrote off $90,000 of the loan and sold equipment that was useable. The loan was secured by a personal guarantee by Ms. Julie Sorenson. In July 2005 the City was notified that Julie I. Sorenson and Wayne P. Sorenson had filed Chapter XIII Bankruptcy. The City subsequently filed a claim in the amount of $152,500 to the U.S. Bankruptcy Court for the balance of the loan. This resolution would declare the loan nonperforming, but continue to allow the City Attorney to pursue collection efforts through the bankruptcy proceedings.

 

Councilor Brooks moved, Councilor Erdman seconded, that the Superior Corrugated loan be declared nonperforming. 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

05-277 included with these minutes.)

 

 

RESOLUTION 05-278 ADOPTED – AUTHORIZING PURCHASE AGREEMENT

 

Ms. Simonsen explained that this resolution authorizes the City Manager and Mayor to enter into a purchase agreement with Donald E. & Irene Jones for the property located at 321 E. College Street. The property is part of the Main Street Flood Mitigation Project that the State and City have partnered on acquiring. The appraised value of the property total $56,496. The acquisition will be funded through an appropriation of the Minnesota State Legislature granted to the City by the Minnesota Department of Natural Resources and the Department of Employment and Economic Development. Acquisition of the property does not include any funding or provision for relocation.

 

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-278, authorizing a purchase agreement with Donald and Irene Jones, 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

05-278 included with these minutes.)

 

 

RESOLUTION 05-279 ADOPTED – APPROVING A CONTRACT WITH SCHOOL DISTRICT FOR ICE TIME

 

City Manager Simonsen reported that this resolution authorizes an agreement between the City of Albert Lea and Independent School District #241 for use of the City Arena for the 2005 - 2006 hockey season. District 241 shall have use of the arena for its hockey program including boys’ and girls’ junior varsity and varsity games and practices. Game scheduling will be between the high school athletic director and the city arena manager. The agreement includes the use of dressing rooms, team showers, and equipment area for both Albert Lea teams and visiting teams at the arena. The city is responsible for all repair, maintenance, upkeep and janitorial services for the arena. In return, the school shall pay the city $50,000 annually for all ice time. Payment shall be paid in two installments

 

Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-279, approving a contract with School District #241 for ice time, 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

05-279 included with these minutes.)

 

 

RESOLUTION 05-280 ADOPTED – ACCEPTING SUNDANCE SUBDIVISION PHASE II

 

Ms. Simonsen stated that the Sundance Subdivision Phase II site work has been completed. Per the development agreement, Mr. Hugh O’Byrne is requesting to turn the public streets and utilities over to the City of Albert Lea. The developer has provided the City with as built street and utility plans signed by a licensed professional engineer stating that the infrastructure was installed according to city requirements. The City has also received a letter stating the owner will be responsible for all erosion control measures until final turf establishment has been completed. The City Engineer has inspected the site work and the work is satisfactory. The resolution would accept the site work and initiate maintenance of the public streets and utilities in this subdivision.

 

Doug Conn, 1500 Seath Drive, stated that he lives in Phase I and noted that he is concerned with Phase II. When Phase I was put in, he was assured that there would be a turn around provided at the dead end. None was provided and people are turning around in his driveway. According to the plans for Phase II, only 50 percent is completed. Phase II is to have a complete turn around on Ashley Court and Ashley Court only goes halfway. We have designed another dead end street. There is no turn around provided and right in the middle of the street is a fire hydrant. This will just create another problem for another homeowner. He asked why Phase II wasn’t completed in its entirety. The vacant lots are not being mowed. He also questioned laws on hunting around the subdivision and he has a slug in his house. There is no policing or monitoring in the subdivision. Councilor Marin responded that Mr. Conn’s complaints have been submitted. Mr. Conn responded that they don’t get addressed.

 

Mayor Summers asked Mr. Jahnke to respond to the complaint that the phase has not been completed. Mr. Jahnke stated that Mr. O’Byrne wanted to complete the first half of Phase I, sell the lots and then eventually complete the Ashley Court turn around. He is required to provide a gravel turn around on Ashley Court and Westwood Drive. The gravel turn around on Westwood is complete and the turn around on Ashley Court is not complete. When asked if the streets are in, Mr. Jahnke responded that Mr. O’Byrne has done what is required in the Developer’s Agreement. The plat for Phase II shows Ashley Court completed but the Developer’s Agreement only requires that the first half of Phase II needs to be completed. The second half of Phase II will be called Phase III.

 

Doug Conn asked how a turn around will be installed when a fire hydrant exists in the middle of the street. Mayor Summers stated that the issue is not before the City Council at this meeting that the acceptance includes the first half of Phase II.

 

When asked for clarification, City Engineer Jahnke replied that the Phase II plat shows 25 lots. Mr. O’Byrne stated that he can only do 10 lots at this time. That extended Westwood Drive and half of Ashley Court putting in infrastructure for 10 of those 25 lots. The agreement was based on the first 10 lots.

 

Ms. Simonsen stated that if those mowing complaints were reported they would have been passed along. The City would follow its normal procedure whereby the owner would be given a period of time to complete the mowing and if not done, the City would have it done. She will follow up on this issue. She noted that the public hunting issue has arisen more frequently in the last couple of years and stated that she will follow up.

 

Councilor Marin moved, Councilor Brooks seconded, that Resolution 05-280, accepting Sundance Subdivision Phase II, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Marin who voted nay. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

05-280 included with these minutes.)

 

 

RESOLUTION 05-281 ADOPTED – ACCEPTING LARRYLAND SUBDIVISION

 

City Manager Simonsen reported that Larryland LLC has completed the site work for the Larryland Subdivision and has provided the City with as built street and utility plans signed by a licensed professional engineer who has stated the project was installed according to city requirements. The City has also received a letter stating the owner will be responsible for all erosion control measures until final turf establishment has been completed. The City Engineer has inspected the site work and the work is satisfactory. The developer is now requesting a resolution accepting the site work and properly maintaining all public streets and utilities. Ms. Simonsen noted that a second layer of bituminous had been put down.

 

Councilor Fjelstad moved, Councilor Rasmussen seconded, that Larryland Subdivision be accepted. 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

05-281 included with these minutes.)

 

 

FOUR-WAY STOP APPROVED

 

City Manager Simonsen explained that in April 2004, the City was requested to consider replacing the yield signs at the intersection of Garfield Avenue and Fairlane Terrace with stop signs. At that time the required warrants were not met, but it was indicated that the Engineering Department would review this intersection further. Since that time city staff has been observing the intersection and have talked to the neighbors about this location. This winter there have been three occasions where cars have lost control at this intersection going southbound on Garfield Avenue. On two of the three occasions, no traffic report was submitted.

 

Using the City of Albert Lea’s residential stop control policy, the City Engineer has ascertained that the intersection operates effectively during dry conditions; however, during icy conditions, traffic cannot react to vehicles entering Garfield from Fairlane Terrace. Using the point system that has been adopted and assuming the horizontal and vertical alignment are an issue, the total points at this intersection equal 120. This is the level where engineering should consider stop control.

 

Based on observations and the justification worksheet total, the City Engineer is recommending that a four-way stop be placed at this intersection. It is also recommended placing a stop ahead sign on Garfield Avenue going southbound. Ms. Simonsen also noted that earlier today she had received some photos and documentation from a resident indicating their desire to have a four-way stop at this location. She has distributed these to the City Council.

 

Councilor Fjelstad moved, Councilor Marin seconded, that the four-way stop at Garfield and Fairlane Terrace with the stop ahead sign on Garfield be approved.

 

Councilor Fjelstad commented that he had requested the same thing in 2003 and was told that this is a collector street. People living on the corner have a number of children and grandchildren and as a safety issue this is a good request. He received six phone calls against this issue which he believes is more of an inconvenience issue rather than a safety one. There is an incline on Fairlane Terrace at Garfield and in icy conditions it is difficult to enter the intersection. This will work if we salt that hill. If we would have put stop signs on Fairlane Terrace before would there have been a need for a stop on Garfield. He has received a lot of complaints about speeding in this area. He also asked if the stop ahead sign would be southbound on Garfield at the top of the hill and Mr. Jahnke confirmed that it would.

 

Councilor Brooks noted that he also received several calls about this issue. Previously he was opposed to this four-way stop but after receiving the additional information he is now in favor of it.

 

City Engineer Jahnke commented that this was a very difficult situation. Ninety-nine percent of the time no stop sign is necessary. When coming south on Garfield under slippery conditions, people are unable to stop. He received calls from two people who had cars entering their yards and there was no traffic report on these. In the summertime, it is more of an inconvenience because it will slow people down and make trips longer. With the curved street on a hill, the stop ahead signs are necessary to warn drivers of the upcoming stop sign.

 

On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the four-way stop authorized.

 

 

STOP SIGNS ON EASTGATE ROAD APPROVED

 

The Engineering Department is requesting City Council approval for installation of stop signs on Eastgate Road directly east and west of Garfield Avenue. This request is due to the completion of the Larryland Addition and the extension of Eastgate Road to the east. Previously Eastgate Road east of Garfield served only one house.

 

Councilor Fjelstad moved, Councilor Severtson seconded, that the placement of stop signs on Eastgate Road directly east and west of Garfield Avenue be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the stop signs authorized.

 

 

UNLISTED ITEMS

 

WARD ITEMS

 

First Ward, Councilor Rasmussen:

(1) Asked that with the water and sewer rate increase the City Manager talk with the Port Authority to see if there is anything we can do to help phase this in.

Second Ward, Councilor Erdman:

(1) Received a complaint on 104 South Ermina with junk in the alley, garbage, the adjacent vacant lot, dog waste and a question about the legal limit for dogs.

(2) Commented that Albert Lea is the last community our size to begin airing our meetings on cable television. He thanked Ms. Kauffman for her efforts in keeping the channel current.

Third Ward, Councilor Marin:

(1) Requested written follow-up on where we are at in regards to drafting a noise ordinance with regards to car stereos.

(2) Thanked his fellow councilors for the new street lights on Regency Lane and Belmont Avenue.

(3) Thanked City staff and Ms. Simonsen for work during the year, thanked the Council, thanked Councilor Erdman for his work on the cable television issue, thanked the public information officer and thanked the citizens for support, patience, phone calls, concerns and attendance at Council meetings. He thanked those people serving on boards and commissions, those active with the sesquicentennial festivities, his family and congregation and wished his wife Jill a Happy Anniversary.

Fourth Ward, Councilor Fjelstad:

(1) Reminded everyone of snowmobile rules. Snowmobiles are required to travel in a direct line toward permitted snowmobiling areas outside of Albert Lea. He suggested they haul the sleds to those areas and at least stay off of City sidewalks.

(2) Reminded everyone of the fireworks planned for New Year’s Eve as the kick-off to the Sesquicentennial and invited everyone to come out and watch the display at 6 p.m.

Fifth Ward, Councilor Severtson:

(1) Reported that January is the Sesquicentennial’s Military Month and invited people to the Soldier Appreciation Day at the Armory on January 7. He also announced that there will be military displays at the North Bridge Mall on January 14 and a swap meet at the American Legion on January 28.

 

Dave Mullenbach, 322 Lloyd Place, approached the microphone and stated that the Soldier Appreciation Day at the Armory on January 7 was cancelled due to a conflict and noted that the event will occur on February 4 and apologized for any inconvenience.

Sixth Ward, Councilor Brooks:

(1) Apologized to residents on Academy Avenue for the inconvenience after the last snow. The City went down and placed no parking signs along both sides of the street to permit plowing from curb to curb. He thanked the City Engineer for his attention to this.

(2) Asked when the street light would be installed at Larson Manufacturing. City Manager Simonsen replied that Alliant hoped to have it installed in late November or December. Staff will follow up.

City Manager Simonsen reported that there will be various family-oriented activities at the North Bridge Mall on New Year’s Eve from 2 p.m. to 5 p.m.

 

 

ADJOURNMENT – 8:58 P.M.

 

Councilor Brooks moved, Councilor Marin 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, January 9, 2006. 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 December 28, 2005.

 

 

 

 /S/ Sandi Behrens                                                                  /S/ Aaron Summers                                                      

Secretary of the Council                                                        Mayor

 

 

 

2005 and archived minutes

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