Albert Lea, MN  

February 28, 2005

Pastor Clayton Balsley, First Baptist 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 Jean Eaton.

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune and KATE Radio.

The Pledge of Allegiance was recited.

 

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

 

(b) RESOLUTION 05-38 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-38 approves the lawful gambling application for the Business and Professional Women’s Club to conduct a raffle at Dillan’s Restaurant, 2301 East Main Street, on May 5, 2005.

 

(See Secretary’s Original Resolution

05-38 included with these minutes.)

 

(c) RESOLUTION 05-39 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-39 approves the lawful gambling application for the Albert Lea Noon Kiwanis to conduct a raffle at the Elks Club, 1811 Southeast Broadway, on May 16, 2005.

 

(See Secretary’s Original Resolution

05-39 included with these minutes.)

 

(d) RESOLUTION 05-40 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-40 approves the lawful gambling application for the Albert Lea Lions Club to conduct bingo operations at the Freeborn County Fair from August 2 through 7, 2005.

 

(See Secretary’s Original Resolution

05-40 included with these minutes.)

 

(e) APPROVES A SIGN HANGER’S LICENSE FOR EQUITY CONSTRUCTION COMPANY OF SHOREWOOD, MINNESOTA.

 

(f) RESOLUTION 05-41 ADOPTED – CLAIMS: Resolution 05-41 presents the financial claims of the City.

(See Secretary’s Original Resolution

05-41 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 Eaton declared the motion carried and the consent agenda items adopted.

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

-Responded to a statement raised at the last meeting that a resolution, referring specifically to sludge hauling, cannot be changed once it is adopted. She noted that the resolution specifically states that if a further reduced rate can be negotiated, the staff would use that facility.

-With regard to an east ditch on Stevens Street being full of water, Ms. Simonsen noted that the ditch is located in Albert Lea Township and would be the township’s responsibility.

-Relating to the complaint of garbage on St. Thomas across from the storage sheds, the trash has been removed.

-A question was raised about the sale of scrap iron from the City Garage. The gentleman has been given the receipts for scrap iron sold in 2004.

-With regard to Mr. Cantu’s complaints about problems with his contractor, staff has met with Mr. Cantu and he recommended providing as much information as possible to those people with questions or applying for permits. She noted that this issue is now in Civil Court.

-Councilor Rasmussen asked that staff look at the Brookside Drive/Brookside Circle intersections relating to signage. The staff has determined that there is a stop sign at the north end as there is limited site distance. The south intersection has no visibility issues. Traffic counts and accident reports have been given to Councilor Rasmussen and no changes are warranted.

-Councilor Erdman reported a request from the Farmers Market for permission to place a seasonal sign in the North Broadway lot. The group has been instructed to work with the Inspection Division.

-A question was raised about eliminating the parking maintenance district assessment for the Albert Lea Art Center. Staff is not recommending this as the cost would need to be spread over the other properties in the district.

-Relating to the reports about street lights being out, staff has notified Alliant and has taken care of those lights owned by the City.

Roger Bok, 1012 Cato Drive, commented that the five-minute time limit can be extended by members of the Council requested and received a copy of the claims list, again asked about sludge, where was sludge hauled and where did the money go. Mr. Bok commented that the resolutions can’t be changed after approval and requested a meeting with Councilors Rasmussen and Severtson and the City Manager regarding the sludge hauling issue. Mr. Bok asked about the scrap iron taken from the City Garage and where it goes in Mason City. Mr. Jahnke responded that the steel is sold to three different collectors and noted that he is unaware of any taken to Mason City. Mr. Bok then showed Officer Doppelhammer pictures showing a truck dropping off the steel in Mason City. Mr. Bok also stated that all of Stevens Street is in the City Limits and asked if it wasn’t why the City blacktopped the whole road. Mr. Bok then asked about the headline in the Tribune which stated "Cross at Own Risk" at Courthouse. He asked why the crosswalk hadn’t been stenciled yet and noted that the City does the painting and the State pays for it. He saw on the Alliant Energy program on Channel 6 that people shouldn’t plant trees under high lines and asked why there are trees planted under high lines on Front Street.

George Gillespie, 327 Lloyd Place, stated that he met with Charter Communications regarding bringing public access to Albert Lea. He has developed a computer generated program which would be able to program 24 hours a day seven days a week. This will be on-line soon. He hopes to have more government and school activities on public access. He has met with the Task Force and gave them information about what works and what doesn’t work and is willing to share this information with the Council at any time.

Manual Cantu Jr., 113 McArthur Drive, stated that two additional violations weren’t reported. He spoke with Acting Fire Chief Stieler and he will have Doug Johnson go to Mr. Cantu’s to look at these. He noted that he would like to meet with the City again after the court case. He is interested in getting more information out to the public and why the contractor hasn’t gotten any disciplinary action. Ms. Simonsen noted that Mr. Cantu won’t let the contractor on his property and this issue is between Mr. Cantu and the contractor. She agreed to work with Mr. Cantu to obtain his viewpoint on developing materials for homeowners.

Pete Reinert, KC Pawn, explained that he has met with the City Attorney and the Police Department regarding the development of the Automated Pawn System ordinance. He was told that additional meetings would be scheduled but they have not been. He addressed several items included in the proposed ordinance but only two were changed. The fee is cheaper and the items need only be held 60 days instead of 90. He received a copy of the proposed ordinance on Friday. His business is doing well. He is drawing customers from Austin and Owatonna. He estimated that only four tickets in 1000 are stolen merchandise. If the ordinance is enacted, he will leave the pawn business.

Paul Citurs, 2422 East Main Street, is the co-owner of DJ’s Pawn. His biggest concern is going from the 30-day hold to a 60-day hold which would knock his profit in half. If the ordinance passes, he would have to close the business.

David Shoff, 803 Richway Drive East, spoke about the user fees for the new utilities. He presented petitions asking the City Council to reconsider these ordinances. He said the group is preparing to circulate these petitions and bring them to the Council requesting a City-wide vote.

Roger Bok, 1012 Cato Drive, residents are calling KATE’S Party Line complaining about the lights on Blake Avenue. He noted that people should call the City Manager. He also commented that there are lights by the truck stop that need replacement.

Mayor Eaton opened a public hearing to adopt Miscellaneous Assessments Roll 49. The necessary notice for this hearing was published on February 11, 2005.

No one appeared to be heard. Councilor Fjelstad reported that he had received a communication from the owner of property described as Lot 12, Block 32, Home Addition, complaining about the cost of the demolition on this property. He requested that this property be removed from consideration for further investigation.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 05-42, adopting Miscellaneous Assessments Roll 49 with the exception of the property reported by Council Fjelstad, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-42 included with these minutes.)

City Manager Simonsen stated that KATE/KCPI is requesting Council approval to allow a hit air balloon exhibit in the parking lot for a two-hour period at the upcoming Home and Recreation Show to be held at the City Arena on April 2, 2005. A trained and insured National Re-Max Company crew will also offer rides to a height of 30 feet. She reported that staff recommends approval of the request with proof of insurance naming the City as a co-insured.

Councilor Marin moved, Councilor Severtson seconded, that the request of KATE/KCPI for the hot air balloon exhibit on Saturday, April 2, 2005, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen reported that the Fountain Lake Sportsman’s Club has requested permission to use new Denmark Park on June 11, 2005 for its annual "Take A Kid Fishing Day".

Councilor Brooks moved, Councilor Rasmussen seconded, that the request of the Fountain Lake Sportsman’s Club be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen explained that the Low Bucks Car Club is requesting the use of the North Broadway parking lot to hold a dance on June 11, 2005 from 8 p.m. to midnight as part of the Eddie Cochran Weekend. She noted that there is no charge for admission to the dance and no alcohol will be served.

Mike Woitas, 1617 Elm, appeared on behalf of the Low Bucks Car Club to respond to a question from the Council. He stated that a live band would be performing and that the band will be set up to face the medical center parking lot.

Councilor Erdman moved, Councilor Marin seconded, that the request of the Low Bucks Car Club for a dance in the North Broadway parking lot on June 11, 2005, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen stated that Barb Sorum of Prevent Child Abuse Minnesota/Circle of Parents Program is requesting permission to fill the tree on South Broadway next to the Welcome to Albert Lea sign and another tree located in Lincoln Park with small plastic blue ribbons along with the placement of a lawn sign stating "Imagine, You Can Prevent Child Abuse" in correlation with Child Abuse Prevention Month. The ribbons would be placed on April 1 and removed on April 30.

Councilor Brooks moved, Councilor Rasmussen seconded, that the request for the Blue Ribbon Awareness Campaign, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen reported that the Chamber of Commerce is requesting the Council accept the donation of holiday decorations that are used each holiday season for decorating the downtown area. The volunteers are committed to helping put up the decorations and raise more funds for additional decorations as necessary. The decorations are currently stored by the City and we would be responsible for insuring them.

After Council discussion, Councilor Erdman moved, Councilor Severtson seconded, that the Chamber’s holiday decoration donation be accepted. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the donation accepted.

City Manager Simonsen noted that the City has received a request from Kevin Beseman, owner of Southtown Liquor, to delete a provision in City Code Section 6-36 restricting the number of liquor licenses that can be held by one individual within the City. The staff recommendation is to call a public hearing to receive input from other liquor establishments prior to making a decision.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the request for change to permit ownership of more than one liquor establishment be called for public hearing at the next regular Council meeting on March 14, 2005. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing called.

City Manager Simonsen reported that this ordinance accepts the annexation order issued by the Minnesota Office of Strategic and Long Range Planning for property in Section 10 of Albert Lea Township. The necessary notice for this hearing was published on February 18, 2005.

There was no public discussion. On roll call vote, all Councilors voted in favor of Ordinance 89, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

89, 3d included with these minutes.)

City Manager Simonsen noted that the Police Department is planning an auction on April 7 and that it is necessary that the City Council declare the items included in the auction as excess and abandoned property.

Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-43, declaring excess and abandoned property and authorizing a City auction on April 7, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

05-43 included with these minutes.)

City Manager Simonsen explained that the Freeborn County Assessor that May 19, 2005 at 7 p.m. is the date set for the Board of Appeals Hearing for the City of Albert Lea.

Councilor Severtson moved, Councilor Brooks seconded, that May 19, 2005 at 7 p.m. in the City Council Chambers be set as the date for the City Council to sit as the Board of Appeals for the City of Albert Lea. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the hearing set.

Mayor Eaton announced that the City Council and City Department Heads will meet for a retreat and planning session on Saturday, March 12, 2005 from 10 a.m. to 3 p.m. at the Freeborn County Shop, 3300 Bridge Avenue.

Councilor Marin noted that the City Manager will serve as the facilitator for this retreat.

No action is required on this item.

Mayor Eaton announced that the City Council will be conducting a workshop on Thursday, March 10, 2005, at 5:30 p.m. to discuss proposals for the Freeborn Bank Building.

No action is required on this item.

Mayor Eaton announced that the City Council and finance staff will be meeting on Thursday, March 10, 2005 at 4 p.m. in Room 213 at City Hall for an overview of the City’s finance, budgeting and debt policies and procedures. The session will also include a discussion of local funding issues and the situation with the state/local fiscal relationship.

No action is required on this item.

City Manager Simonsen explained that this ordinance was originally introduced in October and was tabled in November. She noted that there are currently at least 66 agencies in Minnesota that are participating in the system which includes contributing and/or clearing searchable databases. The City currently regulates pawn shops and the Police Department is recommending participation in this system to allow for better tracking of stolen goods. The new ordinance would require a detailed application from anyone wishing to operate a pawn business in Albert Lea. Before a license is issued, every applicant will be required to submit a $5000 bond. The ordinance further details the records required to be maintained including photographs of items pawned. The system also requires daily reports to the Police Department and defines a redemption period of no less than 60 days before the items can be forfeited or sold.

George Gillespie, 327 Lloyd Place, asked what the populations are in the 66 communities using the system. City Manager Simonsen responded that the populations range from 10,000 through metro area communities. He feels that the new ordinance would put a burden on current pawn shop owners and that when the economic conditions improve it would benefit both the Police Department and the pawnbrokers.

Council discussion included a discussion of the cost to implement the system, who would be required to pay the one dollar transaction fee, average transactions conducted per day, the fact that it takes the burden off of the Police Department and the current cost to the Police Department to track pawned merchandise.

Dwaine Winkels, Assistant Police Chief, responded to questions raised by the Council. He noted that if Owatonna, Austin and Mankato pass the ordinance, Albert Lea will be the only City of our size not having the requirements. He explained that someone knowledgeable about the system will be coming to Albert Lea for the public hearing to explain implementation of the system. He commented that the biggest expense to the shops would be the purchase of the software required by the ordinance at $2500.

After Council discussion, Councilor Fjelstad reintroduced Ordinance 85, 3d, authorizing implementation of the Automated Pawn System. Ordinance 85, 3d will lay over for a second reading and public hearing pursuant to charter requirements.

(See Secretary's Original Ordinance

85, 3d included with these minutes.)

City Manager Simonsen noted that the Council recognizes the problem of the illegal sale of methamphetamine drugs and desires to make it more difficult to obtain the drugs necessary to manufacture this controlled substance. The proposed ordinance would regulate the sale of methamphetamine precursor drugs and includes only those products that are sold over-the-counter, not valid prescriptions. The ordinance specifically prohibits the sale of more than two packages of a methamphetamine precursor drug or combination of drugs in a single over-the-counter sale and that sale of the drugs to persons less than 18 years of age are prohibited. It further requires that business establishments insure that all packages of the drugs are either behind the checkout counter, inside a locked display case or within six feet of unobstructed view of an attended checkout counter.

Councilor Rasmussen introduced Ordinance 90, 3d, regulating the sale of methamphetamine precursor drugs. Ordinance 90, 3d will lay over for a second reading and public hearing pursuant to charter requirements.

(See Secretary’s Original Ordinance

90, 3d included with these minutes.)

City Manager Simonsen reported that this resolution will call a public hearing for Job 0113, the extension of the East Main Street sewer and water project, water and sewer line installation into the Government Acres area and repair of a sag in the sanitary sewer line at the entrance to Trail’s Travel Center for March 14, 2005 at 7 p.m.

Councilor Marin moved, Councilor Rasmussen seconded, that Resolution 05-44, calling a public hearing for Job 0113 for March 14, 2005, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-44 included with these minutes.)

City Manager Simonsen explained that in conjunction with Freeborn-Mower Cooperative Services, the City is requesting to submit an application for USDA funding for Job 0113. The funding would consist of a $360,000 loan over a ten-year period at no interest. Freeborn-Mower Cooperative Services would administer the program and as the City pays the loan back, it will set up a revolving loan fund which would be available within Freeborn County. She noted that if this funding mechanism is granted, it would free up capital improvement money from the 2005 budget to be used on other projects.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-45, authorizing an application for a USDA loan, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-45 included with these minutes.)

City Manager Simonsen reported that due to a lapse in approving a rate structure for the new storm sewer and public lighting utilities, the utilities are lacking revenue for two and one-half months totaling $164,375.00. City Staff is recommending the transfer of funds from the Engineering Department budget included for aerial photography and the balance from Unreserved Fund Balance to the storm sewer fund in the amount of $90,625 and the public lighting utility in the amount of $73,750 to accommodate the loss of revenue.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-46, authorizing the transfer of funds, be approved.

Council discussion included a question of where the unreserved funds come from, the importance of the aerial photography study and whether the study could be done if we receive the money from the State. City Manager Simonsen responded that the State Auditor recommends the City keep a six-month reserve set aside for emergencies and the City currently has almost seven million dollars in undesignated funds. She noted the City has been very conservative and recommends maintaining these funds for future emergencies.

City Engineer Jahnke explained that the City hasn’t done any aerial photography since 1996 so the department is working without 10 years of photography. The aerial photography permits the department to identify where utilities are located, where property lines and right-of-way lines are, where wetlands and contours are, allows planning for flooding and many other issues necessary in property development. Currently the staff spends a few days surveying new areas with each new development. He noted that the photographs are very useful in new developments in order to give developers accurate cost estimates and the photos would be useful in the sewer and water project along East Main Street and in the Government Acres area. He continued that the photography would need to occur before tree leafing begins or after the leaves have fallen off the trees in the fall. If the City receives the money from the State, we could finance this study in the fall.

Roger Bok, 1012 Cato Drive, commented that Freeborn County has done an aerial map of the area. City Manager Simonsen replied that the County doesn’t track detail like the City does and City Engineer Jahnke commented that the aerial photography was done at a very high level and wouldn’t be very effective for the way the City would use it.

On roll call vote, Councilors Marin, Fjelstad, Rasmussen, Erdman and Mayor Eaton voted in favor of the motion with Councilors Severtson and Brooks voting nay. Mayor Eaton asked Councilors Severtson and Brooks why they voted nay. Councilor Severtson stated that he is opposed to the new utilities in general and Councilor Brooks commented that he doesn’t like the money being transferred away from the aerial photography study.

Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-46 included with these minutes.)

City Manager Simonsen recommended the Council instruct staff to move forward with the purchase of approximately $10,000 to $15,000 to purchase the necessary computer hardware and software to be able to produce our own cable broadcast on the government access channel. Initially we would use existing staff to tape the meetings until volunteers can be found. City staff also recommends that policies and procedures be put into place for the use of the public, educational and government channels before official broadcasting begins. Staff anticipates that the purchase and installation of the equipment will take approximately six to eight weeks.

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-47, authorizing the purchase of cable broadcasting equipment, be approved.

George Gillespie, 327 Lloyd Place, commented that the City can’t regulate the public access channel. City Manager Simonsen explained that we are aware that there can’t be a policy for the public access channel; she was referring to the government channel. She is interested in providing procedural handouts to individuals interested in putting items on the public channel.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-47 included with these minutes.)

(1) Congratulated the Wastewater Treatment Plant staff for being recognized with the Minnesota Waste Water Treatment Facility Operational Award for outstanding operation and maintenance.

(2) Announced a new activity in Albert Lea called the "Green Mill Land Between the Lakes Triathlon". The event will include swimming, bicycling and running the last weekend in May. For additional information, call coordinators, Steve Merfeld or Scott Erlandson

First Ward, Councilor Rasmussen:

(1) Thanked the Parks and Recreation Department, particularly Preston Peper, for putting together the volleyball tournament at the high school this past weekend. He commented that it was very well organized.

Second Ward, Councilor Erdman:

(1) Congratulated the Albert Lea High School Tiger hockey team for the Section 1 win and wished them good luck against Warroad on Wednesday.

(2) Explained that Dennis Tostenson, 1601 Wedge Street, has asked that the City Attorney draft a boat dock easement agreement to permit him to store his boat dock on the public right-of-way in front of his house in the winter. Mr. Tostenson has agreed to remove the dock should the City need to get to the underground utilities.

 

Councilor Erdman moved, Councilor Marin seconded, that Mr. Tostenson be permitted to place his boat dock on the shoreline by easement agreement and that the public dock space at that location be vacated.

 

Councilor Rasmussen questioned whether the Council is setting a precedent by allowing this request. Ms. Simonsen responded that this is a somewhat unique situation but that the Council is setting a precedent. She also noted that the City is not giving up the utility easement across the property.

 

After Council discussion and on roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the request granted.

 

Fifth Ward, Councilor Severtson:

(1) Stated that he took a two hour ride with Roger Bok and looked at his complaints.

Sixth Ward, Councilor Brooks:

(1) Asked if residents in his ward would be notified prior to curb and surface work being done. Mr. Jahnke stated that he would be sending letters to the residents affected by the project.

Councilor Marin moved, Councilor Brooks seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, March 14, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested March 1, 2005.

 /S/ Sandi Behrens                                                                          /S/ Jean Eaton                                                      

Secretary of the Council                                                                 Mayor

Old City Council Minutes

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