Albert Lea, Minnesota
February 13, 2006
Reverend John Bromeland, United Methodist 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.
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.
Mayor Summers announced that Item 9-N, approving Love’s Development Agreement, has been removed from the agenda.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JANUARY 23, 2006.
(b) RESOLUTION 06-26 ADOPTED – APPROVING ALBERT LEA BUSINESS AND PROFESSIONAL WOMEN’S CLUB GAMBLING APPLICATION FOR A RAFFLE AT THE RAMADA INN, 2306 EAST MAIN STREET, ON MAY 4, 2006.
(See Secretary's Original Resolution
06-26 included with these minutes.)
(c) APPROVED OFF-PREMISES LIQUOR PERMIT FOR ARAGON BAR, 130 WEST COLLEGE, FOR THE PHEASANTS FOREVER BANQUET AT THE NATIONAL GUARD ARMORY ON FEBRUARY 11, 2006.
(d) RESOLUTION 06-27 ADOPTED – CLAIMS: Resolution 06-27 presents the financial claims of the City.
(See Secretary's Original Resolution
06-27 included with these minutes.)
Councilor Brooks fillin "" \d ""moved, Councilor Marin fillin "" \d ""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:
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The Street Department inspected the report of brush near Edgewater Park and found that there are bushes overhanging the road which is controlled by the township. The township will discuss this complaint at its next meeting.
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Regarding the complaint of hydrants in the right-of-way on Highway 45, the City has the permission of the County to place the hydrants in the right-of-way. All City hydrants are located on City right-of-way and not on private property. The hydrants service businesses along Highway 45.
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The installation of lighting on Hammer Road was paid for by the City.
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The Staff will contact MN DOT regarding the lighting on East Main to see if they will participate in the cost.
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The Staff investigated the possibility of whether or not the City may hold a charitable gambling license and found that no governmental agency is permitted to hold one. If the Senior Center is deemed to be a non-profit organization as recognized by the IRS, in existence for three (3) or more years with at least 15 members, they may hold a gambling license.
TRANSFER OF JAKE’S PIZZA 3.2 BEER LICENSE APPROVED – PUBLIC HEARING
City Manager Simonsen reported that the City has received an application for the transfer of the 3.2 beer license for Jake’s Pizza, 126 W. Clark Street from its current license holder, Lynnel Lorenzen, to Slyders LLC. The necessary notice for this hearing was published on January 26, 2006.
There was no public discussion.
Councilor Rasmussen moved, Councilor Erdman seconded, that the transfer of the Jake’s Pizza 3.2 beer license from Lynnel Lorenzen to Slyders LLC be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the transfer approved.
ADOPTION OF ASSESSMENT POLICY HELD OVER TO NEXT MEETING – PUBLIC HEARING
City Manager Simonsen explained that the city’s current assessment policy was adopted by resolution in August of 1994. City staff is proposing several revisions to the policy and is requesting public input prior to the adoption of a new policy. The assessment policy has been reviewed in detail with the City Council and is comprised of several sections:
1. Section I - Definitions;
2. Section II - Standard Procedures to initiate Public Improvements;
3. Section III – The Service Life of Improvement;
4. Section IV – General Assessment Standards;
5. Section V – Method of Determining Assessments for Commercial/Industrial Development, Maintenance and Reconstruction;
6. Section VI – The Method of Determining Assessments for Residential Developments, Maintenance, Reconstruction;
7. Section VII – Work by Private Developers and Property Owners;
8. Section VIII – Parking District Maintenance and Construction.
The necessary notice for this hearing was published on January 26, 2006.
Greg Moen, 1617 Canary Drive, asked whether commercial developments will be assessed for hook-up by parcel or by area. City Engineer Jahnke replied that commercial development will be based on square footage under the proposed policy. Moen asked why the commercial is based on size of land and residential is not.
Mike Murtaugh, 313 Willamor Road, asked whether the new policy addressed lift stations and other improvements. Jahnke responded that all improvements are addressed in the new policy.
Councilor Fjelstad asked about the tree root provision in the new policy. Mr. Jahnke replied that this provision states that when the sidewalk is raised by tree roots and is 25 years old or less the City will pay 100 percent of the cost, if 25 to 50 years, the City will pay 50 percent of the cost and if it is more than 50 years old, the homeowner will be responsible for replacement cost of the sidewalk.
Councilor Rasmussen asked if staff had answered Moen’s question. Jahnke responded that residential lots are generally smaller than commercial lots and that the City would collect approximately the same fee based on the difference in size.
Greg Moen stated that he had sold a two-acre commercial property to a car dealer and that the majority of the acreage is taken up by a parking lot and he believes that commercial should be based on a flat fee too. He urged the Council to take its time adopting this policy to make sure it is correct.
Brian Burkhard, 2124 West Edgewater Drive, asked whether he would be required to again pay the 101/2¢ fee required under the new policy noting that he had paid the fee when the property was subdivided. Ms. Simonsen stated that he would not be required to pay the fee twice.
Councilor Brooks asked whether it is important to set the policy at this meeting and Mr. Jahnke replied that it is not but that there is a clause in both the Sundance and Tiger Hills development agreements which will be affected if not approved prior to issuance of a building permit.
Mayor Summers announced that the adoption of this policy will be carried over to the next regular City Council meeting on February 27.
Councilor Erdman asked whether it is common to have two or three different rates for hookup. Mr. Jahnke replied that he has only seen one for commercial and one for residential.
PUBLIC ITEMS
Alice Englin, Project Facilitator for the Freeborn County Family Services Collaborative, summarized the annual report.
Roger Bok, 1012 Cato Drive, asked why the Council has passed all the rules against the public noting that the speakers at a previous hearing were restricted to a five-minute time limit, asked why the City’s minutes are not printed in the newspaper, complained that the public doesn’t have sufficient time to read the agenda, suggested that the hydrants should have been placed as far back into the right-of-way as possible, stated that he is asking about the installation of lights on the interstate north of the truck stop and suggested the City contact the Rochester MN DOT office to request installation, asked when lighting will be installed on East Main toward the truck stop and suggested using police and fire pension fund interest monies on this project.
Mike Murtaugh, 313 Willamor Road, requested a copy of the proposed assessment policy and Mr. Jahnke explained that it is on the City’s website. Mr. Murtaugh asked if a lift station will be required for the Weiks farm and Mr. Jahnke replied that he didn’t know yet. Murtaugh noted that Crystal Pierz is moving from the El’s building to the Northstar building and asked what affect that will have on their JOBZ status. He also asked if there is a cost to another governmental entity airing its meetings on the government channel.
Eloise Adams, 1322 Fountain Street, appeared on behalf of Love Cruikshank, 909 South Washington. Se stated that Ms. Cruikshank had received a bill for $106 to clean up the brush from the fence line. Ms. Adams reported that her husband had cleared the brush and that had he realized more needed to be removed he would have done the clean up for Ms. Cruikshank. She asked if there was something that could be done for Ms. Cruikshank.
Harold Kamrath, 326 Glenn Road, asked how much the other two bids for the clarifiers were and Mr. Jahnke replied that the City hasn’t yet bid the project. The Council has only authorized the design. Mr. Kamrath then asked when the City would begin notifying people when things will be aired on the government channel and stated that he felt $40,000 was excessive for the Bridge Avenue traffic study. He also questioned when the public would have an opportunity to see the results of the housing study which cost $20,000. Kamrath also asked if there is a method for determining the need for replacement of vehicles.
City Manager Simonsen responded to the questions raised. The rules of decorum are not rules against the public but offer a process whereby the public can offer input to the City Council. The City Council’s minutes are on the City’s website and all notices of hearings, ordinances and resolutions incurring expenditures are printed in the newspaper. Hydrants are placed according to surveys as far back in the right-of-way as possible. Interstate lighting is out of the City’s jurisdiction. The installation of lights to the truck stop is planned for this year. With regard to Mr. Murtaugh’s question about the Crystal Pierz move, this is only a temporary move and Crystal Pierz intends to follow through on the JOBZ contract. Technically, there is no cost involved to show meetings on the government channel unless specific handling is required then the cost would be minimal at most. The staff will consider Ms. Adams concern. She stated that the City staff hasn’t had a chance to determine a schedule for the government channel but that it will be looked at soon. Regarding Mr. Kamrath’s question about spending for the traffic study, she noted that several public open houses had been held and the study was a subject at a recent City/County workshop meeting. The housing report is complete and Mr. Ford will attend the next Council meeting to do an overview of the report. She also noted that the City has a replacement schedule for heavy equipment and that staff looks at several items including maintenance, repairs and trade-in values prior to determining replacement of equipment. The replacement schedule is merely a guideline.
REQUEST TO CHANGE FOUR PARKING SIGNS APPROVED
Ms. Simonsen explained that this is actually a request from the Street Department to the City Council to approve a change of four parking signs which are located on Marshall Street from 2-hour parking 9:00 to 6:00 weekdays to 2-hour parking 7:00 to 5:00 p.m. weekdays. The request is being made in order to standardize our parking signage. These signs were installed in 1962 and are due for replacement. It is not believed that changing the hours will cause any disruption to the area. By changing the signs it allows the Street Department to not have to purchase non-standard stock signs.
Councilor Marin moved, Councilor Brooks seconded, that the request to change the four parking signs be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the replacement approved.
ORDINANCE 100, 3D ENACTED – REPEALING ORDINANCE 96, 3D AND ENACTING AUTHORIZATION FOR A LOCAL OPTION SALES AND USE TAX – PUBLIC HEARING
City Manager Simonsen reported that this is the second reading and public hearing for Ordinance 100, 3d which revised Ordinance 96, 3d which enacted Authorization for a Local Option Sales and Use Tax. The changes to the ordinance involve reference to state law which was recently changed with the last legislative session. None of the changes pertain to the content of the ordinance except for the addition of one section regarding the charge of the sales and use tax to all utility bills for services provided after April 1, 2006.
Mayor Summers opened the public hearing. The necessary notice for this hearing was published on January 26, 2006.
No one appeared to be heard and Mayor Summers closed the public hearing.
On roll call vote, all Councilors voted in favor of said ordinance. Mayor Summers declared the ordinance enacted.
(See Secretary's Original Ordinance
100, 3d included with these minutes.)
ORDINANCE 101, 3D ENACTED – ADOPTING FALSE ALARM POLICY – PUBLIC HEARING
Ms. Simonsen noted that this is the second reading and public hearing for the adoption of Ordinance 101, 3d an ordinance governing alarm systems. This ordinance is being enacted to encourage security alarm users and monitoring companies to maintain the operational reliability and proper use of systems in order to reduce unnecessary police responses to false alarms. False alarms are not only a public nuisance, but a threat to public safety by diverting limited police resources from legitimate requests and responding to them in an emergency fashion. This ordinance pertains to security alarm systems and not to fire alarm systems.
The ordinance outlines the standards expected from audible alarms and the violations that accompany those standards. It further identifies the duties of the alarm users, alarm system monitoring companies and verification process. A monetary fine will be administered for each false alarm in excess of two every six months. If more than four false alarms occur in a six month period, the Police Chief with Council approval may determine that it will not be responded to in an emergency fashion. The fine shall be set annually by the City Council as part of the fee schedule.
Mayor Summers opened the public hearing. The necessary notice for this hearing was published on January 26, 2006.
Scott Truesdell, Clarks Grove, appeared before the City Council representing Austin Communications. He has installed several systems in Albert Lea and each purchaser is extensively trained to operate the system. He noted his concern with the two alarms in six months provision. He would prefer four in six months or two in a shorter period of time. He stated that he does understand the City’s need to recoup the cost of responding.
Mayor Summers stated that the ordinance is more for established business and cited abuse of the program.
Mr. Truesdell asked if the police will still respond after four alarms and Mayor Summers responded that they would still respond but not in an emergency fashion. Ms. Simonsen noted that the Police Department had over 200 alarms in the past year and that two officers respond to each alarm. If this policy were in effect right now, it would only affect four businesses. Ms. Simonsen also stated that this is a service the Police Department offers and not required by statute. Truesdell then asked if the Police Department would notify the company as Austin Communications is trying to get customers to call the Police Department directly.
Police Chief Dwaine Winkels stated that the Police Department will work with both the alarm companies and the alarm owners.
Mayor Summers closed the public hearing.
On roll call vote, all Councilors voted in favor of said ordinance. Mayor Summers declared the ordinance enacted.
(See Secretary's Original Ordinance
101, 3d included with these minutes.)
RESOLUTION 06-28 ADOPTED - GRANTING A DELAYED RATE INCREASE PAYMENT FOR SCHWEIGERT FOODS
Ms. Simonsen explained that the City Council recently received a request from Warren G. Miller, General Manager of Schweigert Foods, expressing his concern regarding the elimination of wastewater discharge credits which will result in an increased expense of nearly $57,000 in 2006. This, in conjunction with the 20% increase in sewer and water rates, will increase the company’s costs by an additional $50,000. Mr. Miller is requesting a six-month delay in the implementation of the rate increase for Schweigert in order to allow time for internal action to be taken to reduce the impact of these two changes.
City staff has discussed the situation and has identified potential options for the Schweigert Foods situation. Because the elimination of the credit system was adopted by ordinance, the option to delay or defer the credit may not be considered. Any sort of payment reduction or delay in implementing the sewer and water increases may set a precedent to other industries and homeowners to request the same. Therefore, city staff is recommending that we delay the collection of the additional 20% water and sewer increase billing for a six-month period with the deferral being paid back over the following six months. This option would bill Schweigert Foods at the pre-increase rate for the next six months while accruing the amount that would be due from the increase over the following six months.
Warren Miller, General Manager of Schweigert Foods, stated that there is no other company in Albert Lea that is getting a $100,000+ increase in costs as a result of these changes. The company is going through challenging times and is looking for time to reduce the impact of these changes. Delaying the payment for six months would save the company approximately $20,000. The company is looking for an opportunity to react to the changes by getting plans in place to reduce water usage. When asked if these increases will affect employment, Mr. Miller stated that they lay off people as a last resort and he hoped that would not happen.
Councilor Brooks moved, Councilor Marin seconded, that the City delay implementation of the sewer and water increases for six months and not require repayment.
Council discussion centered around a desire to assist the company, the possibility of setting a precedent through this action, the fact that the company didn’t attend the public hearing on the ordinance dissolving the credit system and the fact that the credit system was originally approved as an incentive to local industry.
After Council discussion and on roll call vote, Councilors Brooks and Marin voted in favor of the motion with Councilors Rasmussen, Erdman, Fjelstad, Severtson and Mayor Summers voting nay. The Mayor announced that the motion was defeated.
After additional discussion, Councilor Erdman moved, Councilor Rasmussen seconded, that the City Council grant the delayed collection of the additional 20% water and sewer increase billing for a six-month period with the deferral being paid back over the following six months. On roll call vote, Councilors Rasmussen, Erdman, Severtson and Mayor Summers voted in favor of said motion with Councilors Marin, Fjelstad and Brooks voting nay. Mayor Summers declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution
06-28 included with these minutes.)
RESOLUTION 06-29 – APPROVING PRELIMINARY AND FINAL PLAT OF BRIDGEPORT FIFTH ADDITION
City Manager Simonsen explained that the Bridgeport 5th Subdivision involves a proposal from Mr. George Dress to subdivide three lots located at the northwest quadrant of the intersection of Bridge Avenue and Sykes Street. The Planning Commission met on February 7, 2006 and recommended the approval of the preliminary and final plat with the option of extending the easement north through Lot 1 and into Lot 3. It is further recommended that the developer pay $3,100 in lieu of parkland dedication; the developer shall pay $24,430 for the sanitary sewer and water trunk system; and cross access/egress easements shall provide internal access to each lot extending north from Sykes Street. No access/egress shall be provided directly from Bridge Avenue.
Councilor Erdman moved, Councilor Severtson seconded, that the preliminary and final plat of Bridgeport 5th Addition 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
06-29 included with these minutes.)
RESOLUTION 06-30 ADOPTED – APPROVING ADMINISTRATIVE SURVEY FOR TIMBER MILL HOMES
Ms. Simonsen reported that in accordance with the subdivision ordinance of the City Code, the City Planner is recommending a resolution approving an administrative survey of Lots of Record for Timber Mill Homes located in Block 1, Lot 5 of Chapeau Shores 9th Addition.
Councilor Severtson moved, Councilor Marin seconded, that Resolution 06-30, approving the administrative survey for Timber Mill Homes, 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
06-30 included with these minutes.)
RESOLUTION 06-31 ADOPTED – ACCEPTING BID FOR FIRE DEPARTMENT PUMPER TRUCK
Ms. Simonsen noted that sealed bids were accepted for a new 1,250 GPM Triple Combination Pumper Truck to replace Fire Department Engine #915. This truck was scheduled for replacement in 2006. Bids were received from Clarey’s Safety Equipment, Rochester, MN at $382,407and North Central Ambulance, Lester Prairie, MN at $392,500. The Fire Chief is recommending accepting the lowest bid received from Clarey’s Safety Equipment at $382,407.
Harold Kamrath, 326 Glenn Road, asked for details on why this truck is being replaced. Fire Chief Stieler responded that every ten years a truck comes up for replacement and the vehicle being replaced is 20 years old. Failure to replace the unit can affect the City’s ISO rating. This is a step forward in safety for the firefighters. The new equipment has additional storage and a new design with new technology that will be useful in fighting fires in Albert Lea.
When asked about funding the replacement, Ms. Simonsen noted that half will be paid with police and fire pension interest funds and the other half will be paid through the Central Garage Fund.
When questioned about the trade-in for the new unit, Mr. Stieler replied that the bid didn’t include the trade-in but that Clarey’s has offered to assist the City in the sale of the unit. Ms. Simonsen noted that the Clarey’s bid without the trade-in was still lower than the North Central Ambulance bid.
Councilor Brooks moved, Councilor Rasmussen seconded, that the Clarey’s Safety Equipment bid of $382,407 for the new pumper truck 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
06-31 included with these minutes.)
RESOLUTION 06-32 ADOPTED – ACCEPTING BID FOR FARMLAND RENTAL
City Manager Simonsen explained that sealed bids were accepted by the City of Albert Lea for the rental of approximately 100 acres of farm land adjacent to the municipal airport. In past years, the same individual has rented the land and given the City one-third of the profits. This is the first time the City has bid the project. Three bids were received from local residents: Bill Wilkie, Mark Rauenhorst, and Lowell Bangert. City staff is recommending accepting the highest and best bid received from Mr. Bill Wilkie at a total rent of $92.00/acre. This bid would go into effect for the 2006 growing season.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 06-32, accepting the bid of Bill Wilkie in the amount of $92 per acre 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
06-32 included with these minutes.)
RESOLTUION 06-33 ADOPTED – DESIGNATION OF ROADWAYS TO THE MSA SYSTEM
Ms. Simonsen commented that this resolution approves the designation of the following three roadway sections into the Municipal State Aid System:
1. Hammer Road from the Union Pacific Railroad to Sorenson Road;
2. Sykes Street from Y.H. Hanson Avenue to Bridge Avenue;
3. Y. H. Hanson Avenue from Sykes Street to Hammer Road.
The total miles requested to be added to the Municipal State Aid System is 1.66 miles.
Councilor Brooks moved, Councilor Severtson seconded, that the roadways outlined by the City Manager be designated to the Municipal State Aid System. 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
06-33 included with these minutes.)
RESOLUTION 06-34 ADOPTED – APPROVING PURCHASE OF STREET SWEEPER
City Manager Simonsen reported that this resolution approves a request from the Street Department to replace their 1996 street sweeper. The replacement sweeper has been budgeted for in 2006. The recommendation includes the purchase of an Elgin Pelican-P Model Sweeper from McQueen Equipment, Inc. The bid also includes a trade-in with the company. The quotation for the Elgin sweeper is off of the state bid list as there is only one dealer in the State of Minnesota. The quotes off the state contract total $126,852 with a trade-in value of $16,000 resulting in a total cost of $110,852.
Harold Kamrath, 326 Glenn Road, questioned the purchase of the street sweeper. Ms. Simonsen responded that the watershed board may pay for the sweeper but that we need to order it now to get it before the season begins. Ms. Simonsen also encouraged Mr. Kamrath to attend the Council’s pre-agenda meetings noting that many of these issues are discussed in depth at those meetings.
Councilor Erdman moved, Councilor Marin seconded, that Resolution 06-34, approving the purchase of the street sweeper, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
Councilor Erdman noted that the Councilors have been lobbied to increase street sweeping efforts and reminded the public that if it ends up in the street it ends up in the lake.
(See Secretary's Original Resolution
06-34 included with these minutes.)
RESOLUTION 06-35 ADOPTED – CALLING A PUBLIC HEARING FOR JOB 0601
Ms. Simonsen stated that this resolution authorizes a public hearing to be scheduled on March 13, 2006 at 7:00 p.m. in the City Center Council Chambers. The proposed neighborhood improvement project involves the mill, overlay, curb replacement and sidewalk replacement project in the east part of the city, general area bounded on the northwest by the railroad on the south by east Main Street and on the east by Wayside Avenue. The estimated cost of the project is $700,000 with 80% being assessable and 20% being city costs. She noted that the City Council has proposed the project and accepted the feasibility report and now needs to call a public hearing.
Councilor Fjelstad moved, Councilor Severtson seconded, that Resolution 06-35, calling a public hearing for Job 0601 for March 13, 2006, 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
06-35 included with these minutes.)
ORDINANCE 102, 3D INTRODUCED – AMENDING CITY CODE SECTION 42 RELATING TO BOAT DOCK REGULATIONS
City Manager Simonsen reported that this is the first reading and calling of a public hearing to amend City Code Section 42-35 relating to boat docks. This amendment would add a paragraph to this section as follows:
“(8) In addition to the numbered sticker required for attachment to the dock, boat dock permittees are required to place a form of identification reflecting owner’s address on all objects located on the shoreline. This amendment would assist city employees in identifying owners of structures and property on boat dock sites around Fountain Lake for purposes of removal.”
Councilor Rasmussen questioned if this ordinance is over-regulating boat docks noting that the current ordinance is already being violated if portions of structures are outside the boundaries permitted or if the item isn’t removed by the required date.
Councilor Brooks introduced Ordinance 102, 3d, amending City Code Section 42 relating to boat dock regulations. Ordinance 102, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.
(See Secretary's Original Ordinance
102, 3d included with these minutes.)
RESOLUTION 06-36 ADOPTED – AUTHORIZING PARTIAL RELEASE OF EASEMENT IN SUNDANCE SUBDIVISION
City Manager Simonsen stated that this resolution authorizes the Mayor and City Manager to sign a partial release of an easement and grant right-of-way for property owned by Hugh E. and Karen R. O’Byrne located within the Sundance Subdivision. Magellan Pipeline Company, Tulsa, Oklahoma, has been requested to provide a more definite and specific description of its easement in a minimum width for that portion of the O’Byrne’s land currently utilized and to be utilized in the future by Magellan Pipeline Company with the rights granted in the easement. The resolution identifies the rights and responsibilities of each party in regard to the easement tract. Engineering staff has determined that the requested release of easement and granting of right-of-way does not harm the public’s interest.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 06-36, authorizing release of easement and grant right-of-way for property in Sundance Subdivision, 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
06-36 included with these minutes.)
RESOLUTION 06-37 ADOPTED – AUTHORIZING RELEASE OF A UTILITY EASEMENT ON MASSEE STREET
City Manager Simonsen explained that in order to clear title to the property at 1706 Robert Drive, the owners are requesting the City to authorize a partial release of the utility easement that was created by Ordinance 375, 2d, which vacated a portion of Massee Street. There is currently a 30 ft. easement on Massee Street in which the City Engineer has deemed not necessary nor needed by the City at this time. The City Engineer is recommending releasing that portion of the easement under the house located at this address.
Councilor Erdman moved, Councilor Brooks seconded, that Resolution 06-37, authorizing the release of a utility easement on Massee Street, 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
06-37 included with these minutes.)
RESOLUTION 06-38 ADOPTED – AMENDING RESOLUTION 05-270 RELATING TO THE ST. JOHN’S PROJECT BONDS
City Manager Simonsen reported that a minor amendment is needed to the St. John’s Bond resolution that was passed in December 2005. The amendment is needed for technical reasons to comply with code. The amendment includes a designation to $110,000 of the Series 2005A bonds as bank qualified. This resolution would amend the bank qualified section of the bond resolution as described above.
Councilor Severtson moved, Councilor Brooks seconded, that Resolution 06-38, amending Resolution 05-270 relating to the St. John’s Project Bonds, 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
06-38 included with these minutes.)
RESOLUTION 06-39 ADOPTED – CALLING A PUBLIC HEARING FOR THE FORMATION OF TAX INCREMENT FINANCING DISTRICT 5-16
City Manager Simonsen explained that the City of Albert Lea has been asked to consider using tax increment financing to assist with the expansion of the Albert Lea Public Warehouse located at 2202 Myers Road. Mr. Al Larson, property owner is proposing a 22,000 square foot, wide-span, single sloped metal building that would be built on the south side of the existing warehouse. The estimated cost of the project is $558,000. Upon completion, the space would be occupied by an existing tenant, Zinpro Corporation. It is anticipated that over the next ten years approximately $97,000 of TIF funding would be available. The use of TIF for this project is consistent with the City’s development policies. It is recommended that a public hearing be held on Monday, February 27th at 7:00 p.m. to receive input regarding the proposed formation of TIF District 5-16 and the proposed adoption of a financing plan related to that district.
Councilor Brooks moved, Councilor Severtson seconded, that Resolution 06-39, calling a public hearing for the formation of Tax Increment Financing District 5-16 for February 27, 2006, 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
06-39 included with these minutes.)
RESOLUTION 06-40 ADOPTED – IN SUPPORT OF THE CITY SHARED USER PATH GRANT
City Manager Simonsen explained that this resolution supports the City of Albert Lea’s application for the 2006 Local Trails Connection’s Grant. The City is requesting the maximum of $100,000 to aid in funding the City’s planned shared user path project totaling $267,480. The project will be the first phase of a planned trail that will eventually connect Fountain Lake neighborhoods to the existing Blazing Star Trail. The first phase is 0.84 miles of trail and is intended to connect the Richway Drive boat landing to Pioneer Park. The residents of Albert Lea have expressed that the development of shared user trails around our lakes is a high priority. The City has been working with DNR staff in completing the application process. There is currently a verbal agreement with St. Theodore’s and Lakewood Cemeteries for easements to place the path along Fountain Lake adjacent to these properties. Once funding has been awarded the agreement would be formalized.
Councilor Rasmussen moved, Councilor Erdman seconded, that Resolution 06-40, in support of the City shared user path grant, 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
06-40 included with these minutes.)
RESOLUTION 06-41 ADOPTED – APPROVING FUND TRANSFER
City Manager Simonsen reported that this resolution authorizes the transfer of $100,000 from unappropriated fund balance of the general fund to the solid waste management fund. The solid waste management fund averages an operating loss of approximately $50,000 per year, therefore requiring either a transfer of funds, increase in fees, or a contribution from another source to make this fund solvent.
Councilor Brooks moved, Councilor Severtson seconded, that Resolution 06-41, approving the transfer of $100,000, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.
Councilor Erdman suggested the City put forth a formal request to Freeborn County to participate financially in the City transfer station.
(See Secretary’s Original Resolution
06-41 included with these minutes.)
RESOLUTION 06-42 ADOPTED – APPROVING LOAN TO CHURCH OFFSET PRINTING, INC.
City Manager Simonsen explained that Michael P. Kruse, Church Offset Printing, Inc., is requesting $160,400 from the City’s Revolving Loan Fund. Church Offset Printing began business in 1930 and was incorporated in 1962 making it a longstanding strong company. They are requesting funds to purchase new equipment, fixtures, wiring and training to install an HP Indigo six-color press. The new equipment will provide an opportunity for expansion at another local business as well as an increase in postage sales at the Albert Lea Post Office because the service will provide for out‑going mail. Church Offset Printing is anticipating the addition of five new employees due to the new machinery. City Staff has reviewed the application and is recommending a five-year loan at 5% interest in the amount of $160,000 with a lien on the equipment as well as a corporate guarantee.
Mike Kruse, 506 Cardinal Lane, appeared to answer any Council questions.
Councilor Rasmussen moved, Councilor Marin seconded, that Resolution 06-42, approving the loan to Church Offset Printing, Inc. as outlined 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 resolution adopted.
(See Secretary’s Original Resolution
06-42 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor Erdman:
(1) Welcomed Jay Roemer sitting in the audience and noted that he is a representative of Produce State Bank.
(2) Stated that these are exciting times for Albert Lea with spring arriving soon, all the new developments occurring and the new casino about to open near Northwood, Iowa and encouraged the community to do a better job of selling our community.
Third Ward, Councilor Marin:
(1) Asked the City Engineer to explain how the road leading into Chapeau Shores will be addressed come spring. Mr. Jahnke stated that the road cracks and displaces and that the Street Department is aware of this. They attempt to patch the road when necessary and once the spring thaw occurs, the road returns to normal.
(2) Asked if the gravel around the base of the control arms on Front Street will be cleaned up. Mr. Jahnke stated that the sidewalk will be relocated.
(3) Wished a Happy Valentine’s Day to his wife of 17 years tomorrow.
Fifth Ward, Councilor Severtson:
(1) Asked that the City enforce the requirement that people pick up after their dogs on the Blazing Star Trail.
Sixth Ward, Councilor Brooks:
(1) Asked if the school bus picks up children in front of the trailer court on Margaretha or if the children must cross the street.
Mayor Summers:
(1) Announced a workshop meeting to discuss airport land offers before the next pre-agenda meeting on February 23 at 5:30 p.m.
ADJOURNMENT – 8:48 P.M.
Councilor Brooks 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, February 27, 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 February 14, 2005.
/S/ Sandi Behrens /S/ Aaron Summers
Secretary of the Council Mayor