Albert Lea, Minnesota 

March 27, 2006

Pastor Marcia Hall offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Aaron Summers.

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

The Pledge of Allegiance was recited.

 

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MARCH 13, 2006.

 

(b) LICENSES AND BONDS APPROVED:

TEMPORARY LICENSES

Off-Premises Liquor Sales

Aragon Bar, 130 West College Street, for an auction at the National Guard Armory on April 1, 2006

 

Aragon Bar, 130 West College Street, for the Ducks Unlimited Banquet at the City Arena on April 22, 2006

 

Public Dance

Lisa Thompson and Jeffrey White, 17482 750^th Avenue, for a wedding dance at the Freeborn County Fairgrounds on May 6, 2006

(c) RESOLUTION 06-72 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION FOR THE ALBERT LEA LIONS CLUB FOR BINGO AT THE FREEBORN COUNTY FAIR, AUGUST 1 THROUGH 6, 2006.

(See Secretary's Original Resolution

06-72 included with these minutes.)

(d) RESOLUTION 06-73 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION RENEWAL FOR THE ALBERT LEA WRESTLING BOOSTERS AT THE ARAGON BAR, 130 WEST COLLEGE.

(See Secretary's Original Resolution

06-73 included with these minutes.)

(e) RESOLUTION 06-74 ADOPTED – CLAIMS: Resolution 06-74 presents the financial claims of the City.

(See Secretary's Original Resolution

06-74 included with these minutes.)

Councilor Brooks moved, Councilor Marin seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the consent agenda items adopted.

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

• A question about the Matson site was raised. The City Clerk found the agreement for the donation of this property and there is no mandate declaring that the area must be used as a park.

• A comment was made about the traffic signal on Blake Avenue. The Engineering Department has looked at this and the City will grind off the top of the stop bar and relocate it so the loop bar will work more efficiently.

• The pedestrian crossing signs on Broadway at Pearl have been adjusted to a proper height.

• The City now has a listing of what is airing at what times on the Government Access Channel.

• The handicap sign at the Lea Center was installed on March 22.

Ed Tschida, Advance Resources, presented an overview of the Innovance JOBZ Application and described the boundary modification associated with this project. Mayor Summers called for public comment. The necessary notice for this hearing was published on March 16, 2006.

There was no public comment.

At the request of a Councilor, Mr. Tschida stated that the JOBZ requirements will take effect immediately upon signing of the agreement and will run through 2015.

Mayor Summers closed the public hearing.

This public hearing is being held to review the final report of the Lea Center grant and receive input regarding the grant’s performance prior to submission to the Minnesota Department of Employment & Economic Development. The project included the rehabilitation of the Lea Center Building into residential units. The funding included the acquisition of property, relocation expenses, commercial and residential rehabilitation, construction of residential rental property and the street parking and utility work necessary for the project. The project was anticipated to total $5,131,214. For the period ending March 31, 2006, the proposed project cost is $4,805,443. The Small Cities Development Grant included a 30-year loan in the amount of $600,000 at zero percent interest. The housing project produced 37 dwelling units all of which are occupied with low to moderate income tenants.

Mayor Summers opened the public hearing. The necessary notice for this hearing was published on March 16, 2006.

There was no public comment. Mayor Summers closed the public hearing.

Councilor Marin moved, Councilor Erdman seconded, that Resolution 06-75, accepting the Lea Center Grant final report and authorizing submission of the report to the Minnesota Department of Employment and Economic Development. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution

06-75 included with these minutes.)

Roger Bok, 1012 Cato Drive, stated that he had not received a response to his question about how the Port Authority audit is done. Ms. Simonsen replied that Mr. Bok had not questioned the Port Authority’s audit but had asked about publishing information regarding properties the Port Authority is selling. She responded that property sales are the business of the Port Authority’s board. Mr. Bok then asked why the authority is short $193,000. Ms. Simonsen replied that the shortfall is in Tax Increment District 5-5 and that this item has been discussed by the City Council. Mr. Bok then asked how Mike Woitas could be appointed to the Charter Commission when he owns property outside the City. Ms. Simonsen replied that Mr. Woitas hasn’t lived at that address for some time. Mr. Bok then commented that Mr. Erdman’s introduction of a resolution at the previous meeting is inappropriate and asked why there is snow in the right-of-way on East Main. He also questioned whether the light has been reported to the State and why there has been no response to his request for a sign on Blake Avenue. Ms. Simonsen stated that she had responded to the Blake Avenue signal problem at the beginning of the meeting, the City will grind off the top of the stop bar and relocate it so the loop bar will work more efficiently.

Sue Flatten, 1704 East Hawthorne, stated that her home is at the corner of Hawthorne and Cato Drive. Both streets are gravel and most of the gravel has been replaced by mud. The roads are also full of ruts and potholes. City Engineer Jahnke replied that the frost is coming out of the roads and once that is complete the roads will return to a normal condition. She suggested the City consider blacktopping the roads.

City Manager Simonsen announced that the City received a petition for annexation of 33.43 acres of land which lies directly west of the South Industrial Park adjacent to Broadway Avenue. The property is owned by the Albert Lea Port Authority and is intended to become a new industrial park for the community. The Port Authority is requesting I-2 zoning for this tract of land. She noted that a public hearing will be scheduled for May 8, 2006 at 7:00 p.m. for input on this annexation.

Paul Sparks, Executive Director of the Albert Lea Economic Development Agency, explained that they are running out of saleable land. ALEDA believes that this area could develop into an 85 acre industrial area. Industrial prospects assume that the community will be able to deliver appropriate property within 30 days.

Councilor Brooks questioned whether the Port Authority would perform traffic studies for the South Broadway area prior to the May 8 hearing date. Mr. Sparks stated that he believes the South Broadway entrance to the property will be used by local traffic and that the main entrance will be Highway 65 and Margaretha.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that a public hearing be scheduled for May 8, 2006 at 7 p.m. for input on this proposed annexation. 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

06-76 included with these minutes.)

Mayor Summers opened a public hearing for Ordinance 104, 3d Rezoning Blazing Star Landing. The Planning Commission is recommending a change in zoning classification for the property known as Blazing Star Landing from I-1 Industrial District to PD Planned Development. The Planning Commission did hold a public hearing on February 23, 2006 and is recommending the 55.13 acres to be rezoned to Planned Development. City staff concurs with this recommendation. The necessary notice for this hearing was published on March 16, 2006.

There was no public comment. Mayor Summers closed the public hearing.

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

(See Secretary’s Original Ordinance

104, 3d included with these minutes.)

Mayor Summers requested confirmation of his appointment of Barbara Butler, 106 Lee Place, to the Human Rights Commission.

Councilor Rasmussen moved, Councilor Severtson seconded, that Mayor Summers’ appointment of Barbara Butler to the Human Rights Commission be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the appointment confirmed.

Mayor Summers then announced members appointed to the Committee to review a Sexual Offender Ordinance including, Aaron Summers, George Marin, Dwaine Winkels, Frank Cole, Steve Schwab, Mark Harig, Jill Barickman, Rose Olmsted, Theodore Paulson, Jim Stoen and a school district representative. The first meeting is scheduled for April 10 at the City Center.

City Manager Simonsen stated that the Public Library is requesting Council permission to form a Library Foundation to develop and execute a fundraising campaign. The campaign would be used to raise funds for fixtures and equipment to compliment the grant renovation. It would further be used to accumulate funds for the future needs of the library. The foundation would be organized as a 501(C-3) non-profit organization with a separate Board of Directors from the Friends of the Library and Library Advisory Board.

After Council comment, Councilor Severtson moved, Councilor Rasmussen seconded, that the formation of a Library Foundation 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

06-77 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes a JOBZ boundary modification for Innovance located at 2611 Y. H. Hanson Avenue. The proposed modification consists of acres that were not among those requested in the Positively Southern Minnesota Corridor Job Zone Application. This modification donating Subzone 9-G and requesting Subzone 9-S would be accomplished via an acreage swap. Subzone 9-G is 88.96 acres located on the southeast quadrant of the intersection of Interstate 90 and Highway 20. The requesting Subzone 9-S is located at 2611 Y. H. Hanson Avenue and consists of 5.6 acres of land. Subzone 9-S has an existing industrial building located on Lot 2, Block 3 with all municipal services, public street access and gas and electric utilities. It is zoned I-2 Industrial District which conforms to the use of the premises. City staff is recommending approval of the boundary modification for this project.

Councilor Fjelstad moved, Councilor Marin seconded, that Resolution 06-78, approving the JOBZ boundary modification, 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

06-78 included with these minutes.)

Ms. Simonsen reported that this resolution approves JOBZ tax exemptions to Innovance, Inc. Innovance is a company with three operating subsidiaries located in Albert Lea (Almco, Kleentec, and Lou-Rich) providing engineered products and manufacturing services. Lou-Rich operates several divisions including Panels Plus. Panels Plus develops and manufactures automated and semi-automated wall production systems, accessories and training to speed wall panel construction. Due to physical limitations within Innovance existing facilities the company has purchased the building at 2611 Y. H. Hanson Avenue. This building is 45,000 square feet and has adequate height to accommodate the manufacturing of Panels Plus products. The company will acquire and remodel the facility for approximately $1,600,000 and anticipates hiring ten new employees initially. Innovance use of the JOBZ program will result in job creation, alleviation of economic distress, private investment and new facilities, equipment and staff. On March 1, 2006 the Port Authority Board of Directors reviewed and recommended approval of Innovance’s request for JOBZ tax exemptions and recommends the City Council authorize the JOBZ subsidies to this company.

Councilor Severtson moved, Councilor Fjelstad seconded, that the JOBZ tax exemptions for Innovance, 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

06-79 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes an agreement between the City of Albert Lea and KATE/KCPI Radio for use of the Albert Lea City Arena for its Home & Garden Show from 1:00 p.m. March 29, 2006 to 1:00 p.m. April 3, 2006. The agreement includes the main arena, lounge, lobby and skate change area. Payment of $2,000 is due on March 14^th and $2,000 due on April 14^th as well as $2,000 of credit to be used for city advertising. The City will provide building supervision and basic janitorial services. KATE agrees to indemnify the City from any and all claims arising out of this event.

Councilor Brooks moved, Councilor Severtson seconded, that Resolution 06-80, approving a contract with KATE/KCPI Radio as outlined by the City Manager, be adopted. On roll call, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-80 included with these minutes.)

City Manager Simonsen reported that this resolution authorizes an agreement between the City of Albert Lea and the Albert Lea Hockey Schools for rental of ice time at the Albert Lea City Arena second sheet of ice from July 10^th through July 14^th and July 17^th through July 21, 2006. The Albert Lea Hockey Schools agrees to pay the City of Albert Lea $3,900 for this time period and shall provide adult supervision for locker rooms, coaching and referees for its program. The City of Albert Lea will provide personnel to maintain proper order and to safeguard and supervise people using the arena. Cancellation notice must be received prior to July 1, 2006.

Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 06-81, approving the agreement with Albert Lea Hockey Schools, 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

06-81 included with these minutes.)

Ms. Simonsen stated that State Statute requires the City to collateralize their deposits in excess of FDIC covered amounts at 110%. The State authorizes six different allowable forms of collateral. The City Council has authorized only two of the allowable forms. It is becoming increasingly difficult to work within this limitation. City staff is recommending that a third allowable form of collateral be authorized by the City Council. An addition would include that issues of U.S. government agencies such as Fannie Mae and Ginnie Mae be added to the resolution as an additional option.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 06-82, amending Resolution 06-9 relating to collateral security deposits, 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

06-82 included with these minutes.)

Ms. Simonsen explained that this resolution declares excess and abandoned property as outlined in the resolution and authorizes the sale of this property at public auction on May 3, 2006 at 5:30 p.m. at the Union Center, 404 E. Main Street.

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 06-83, declaring surplus property and setting the date for a public auction, 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

06-83 included with these minutes.)

First Ward, Councilor Rasmussen:

(1) Thanked participants in the High School Tigers Roar noting that they did a fantastic job and it was an excellent show.

Second Ward, Councilor Erdman:

(1) Asked City Engineer Jahnke when Park Avenue improvements would occur. Jahnke replied that Virginia Place is scheduled for reconstruction in 2007 and that Park Avenue is scheduled for 2008.

(2) Thanked the Public Works Department for promptly placing the handicap sign at Uptown Dental.

(3) Thanked the staff, the Mayor and his fellow Councilors for their commitment to the retreat last Saturday.

(4) Requested the City Attorney to respond to Mr. Bok’s accusations on resolutions. He stated that according to the City Charter, Councilors are permitted to introduce a resolution or emergency ordinance at any time. City Attorney Schwab stated that according to what Councilor Erdman stated, he would agree.

(5) Stated that along with your rights as a citizen, you have a responsibility to get your facts straight.

Fifth Ward, Councilor Severtson:

(1) Requested Staff consider placing porta-potties at the far end of the Blazing Star Trail in addition to those at the beginning of the trail.

 

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, April 10, 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 March 28, 2006.

 /S/ Sandi Behrens                                                                  /S/ Aaron Summers                                                      

Secretary of the Council                                                        Mayor 

2006 Archived minutes

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