Albert Lea, MN  

March 28, 2005

Pastor John Holt, First Lutheran 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 Pro Tempore Al Brooks.

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson and Mayor Pro Tem Al Brooks. Absent was 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, KATE Radio and KAAL-TV.

The Pledge of Allegiance was recited.

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

 

(b) LICENSES APPROVED:

 

CABARET

Aragon Bar, 130 West College

 

PLUMBER

Mike Carstens Plumbing & Heating, 16376 880^th Avenue, Glenville

 

PUBLIC DANCE

Low Bucks Car Club at the North Broadway parking lot on June 11, 2005 from 8 p.m. to midnight

 

(c) RESOLUTION 05-58 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-58 approves the lawful gambling renewal application for the American Legion Post 56 to conduct gambling activities at 142 North Broadway.

(See Secretary’s Original Resolution

05-58 included with these minutes.)

(d) RESOLUTION 05-59 ADOPTED – CLAIMS: Resolution 05-59 presents the financial claims of the City.

(See Secretary's Original Resolution

05-59 included with these minutes.)

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

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

- In regard to concerns about scrap metal at the City Garage, the issue has been investigated over the past couple of weeks. There was no evidence to prove theft of scrap metal or illegal activity. Staff will formulate guidelines for disposal of scrap metal and will continue to use the services of a private citizen to dispose of scrap metal. She considers this issue closed.

- With reference to concerns about sludge hauling, Ms. Simonsen will meet with Mr. Bok again to specifically identify his concerns.

Keith Register, rural Albert Lea, told the City Council that it should pay Mr. Bok for his time investigating various concerns or at the very least should furnish him with gasoline.

City Manager Simonsen explained that this is a public hearing to receive input on the Elks Club’s request for a 15-foot variance to the required rear yard setback at 1811 Southeast Broadway Avenue to permit an addition for a kitchen expansion and dumpster enclosure. The necessary notice for this hearing was published on March 18, 2005.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-60, approving the request of the Elks Lodge for a 15-foot variance, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary's Original Resolution

05-60 included with these minutes.)

Mayor Pro Tem Brooks reminded those present of the rules for addressing the City Council.

George Gillespie, 327 Lloyd Place, read an e-mail from a citizen in Afghanistan regarding the rules of conduct. He commented that he served in Vietnam and identifies with the soldiers currently serving in the Middle East. He feels that defending the rights of the constitution is sacred to all veterans.

Roger Bok, 1012 Cato Drive, expressed his wish that the Council would start doing its job. The manager and department heads don’t make decisions for the City Council. He suggested that the City Council read the City Charter. He noted that the scrap iron issue is not closed as he will be looking more closely into this issue. He said Stevens Street has been fully annexed into the City. He asked why his questions aren’t answered. He suggested the dead end sign on Stevens be moved to prevent people from traveling through adjacent property. He told the Council that the City should replace the black dirt in the ditch on Stevens Street. He reported that he was told by the City Manager that people are permitted to raise chickens inside the City. He was given information on this issue and had to interpret the information for staff. He expressed his opinion that supervisors are not doing their jobs. He understood that rock was not to be placed in the area between the railroad and Front Street. City employees have hauled in three piles of rock and wood chips have also been hauled in. He suggested this material should be placed near the City Garage. If the Council chooses to sell the Farmland property, these piles would need to be moved. He also suggested that the Council not sell the property if the City is responsible for clean-up of that site.

Councilor Marin asked if the Stevens Street issue has been settled. Ms. Simonsen told him that Mr. Bok has seen a map of the area showing the areas annexed and that the City has met with the Township and agree that all of Stevens Road has not been annexed.

Mr. Bok presented the cover sheet and background for the meeting at which he assumes the annexation occurred and requested Mayor Pro Tem Brooks read the items. Ms. Simonsen noted that the cover sheet and background are information for the Council and that the minutes are the official record for the meeting. The minutes clearly identify the area annexed at that time.

City Manager Simonsen reported that a representative of the Albert Lea Tigers Track Team has requested that this item be removed from the agenda as they will be postponing this event until next spring.

City Manager Simonsen explained that the City Council denied a request to purchase five acres of land at the corner of Main and Garfield at the last regular meeting. In response to that decision, the City has received another proposal from Interra-Vision Development for the site.

Rick Harmon, Interra-Vision Development LLC, told the Council that they have submitted another proposal to purchase three acres at the northeast corner of the Blazing Star Landing for the price of $1.2 million with a clause that the remaining 47 acres be sold for one dollar for a mixed use development to be completed within seven years from the date of closing on the three acre parcel. He noted that he they fail to develop the remaining acreage within the specified time frame, they would pay the City $1 million and return the property to the City. He also told the Council that 35 acres of the 50 is developable and that the hazardous waste needs to be cleaned up.

Councilor Marin asked Mr. Harmon if his group has any experience working on a site with this land mass. Mr. Harmon responded that the group is currently working on a mixed use retail project in Chicago but that this is the first large project in his district. He is aware of the City’s wishes for this site and assured the Council that the project will be aesthetically pleasing. He noted that he cannot identify the client at this time but stated that the client is nationally known. When asked, Mr. Harmon explained that some of their clients include strip malls, Caribou Coffees, Walgreen’s, and BP gas stations.

City Manager Simonsen asked what attracted the group to Albert Lea. Mr. Harmon replied that the demographics of the City attracted them. The City is nearing 20,000 population, large retailers are locating in Albert Lea, recent growth, housing availability and senior housing projects were some of the reasons for their interest.

Councilor Fjelstad asked if we offered the whole site for a fixed price if the company would be interested. Mr. Harmon responded they would not be at this time. Councilor Fjelstad noted that this is a prime corner and that if the Council chooses to sell the remaining land for another development that the property would not be available for seven years. He asked if the group would agree to a five-year development period. Mr. Harmon told the Council that they don’t know who may be interested in the site, that the demographics would satisfy several of their clients. He noted that if the Council chooses to sell to them that they would contact clientele and pitch the project. He doesn’t believe five years is enough time to develop the property but that they may consider six years.

When asked if the company is comfortable purchasing the site without an environmental assessment, Mr. Harmon said that he is aware that there are some areas needing clean up and that he is working on information provided by the City Planner.

Councilor Severtson asked if the company has looked at plans for landscaping on the channel. Mr. Harmon said the City Planner has shared the plans for this area with him and that they feel the proposal would be very expensive and not economically feasible for them at this time.

Councilor Marin moved to deny the request as premature. He noted that the City doesn’t have a handle on the environmental issues at this time and thinks it would be unwise to move forward now. Councilor Rasmussen seconded the motion.

Councilor Erdman asked if the City has received a preliminary study and Ms. Simonsen explained that she has asked the City Engineer to be prepared to give the City Council an overview of the preliminary study at this time.

City Engineer Jahnke reported that Short Elliott Hendrickson has completed a draft of the study and has identified three areas of interest where the contaminant levels exceed the Health Risk Limit and/or the Soil Reference Values. These areas are the dry cleaner area, the fuel oil storage area and the maintenance garage area. He noted that throughout the site, there is a presence of a 20-30 foot thick confining layer of clayey till, beginning 15-40 feet below ground which prevents any contaminants from migrating downward into the drinking water supply. SEH recommends that the City submit the Phase II Investigation Report to the Minnesota Pollution Control Agency. Either the City or a developer could pursue the recommendation of the MPCA. If investigation or clean up is recommended, the City or a developer may be able to enter into the MPCA Voluntary Investigation and Cleanup Program. This could create an opportunity for grant money and eventually for obtaining a written assurance from the MPCA that the site is in need of no further investigation or cleanup. This assurance would be attractive for developing the property. SEH also recommends the ongoing quarterly sampling of the monitoring wells on the site.

Councilor Erdman commented that the report prepared by Albert Lea Listens identifies this site as a prime location and that there was extensive interest in this property. He suggested that the City Manager get an appraisal on the value of the site, continue with the environmental site study and then determine what will go on the site. He suggested the Council move slowly and cautiously on the development of this property.

When asked, Ms. Simonsen explained that she was quoted a price of $2000 for an appraisal of the site. She noted that the City does have funds available should the Council wish to proceed with an appraisal.

On roll call vote, all Councilors voted in favor of the motion to deny the request. Mayor Pro Tem Brooks declared the motion carried and the request denied.

Mayor Pro Tem Brooks opened a public hearing on Ordinance 91, 3d, vacating a portion of Frank Avenue adjacent to Block 17 in Edina Manor. The necessary notice for this hearing was published on March 18, 2005.

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 91, 3d. Mayor Pro Tem Brooks declared the motion carried, the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

91, 3d included with these minutes.)

City Manager Simonsen reported that St. Theodore’s Catholic Church has requested an amendment to its conditional use permit to allow for the construction of identification signs. The church proposes to construct two signs. One sign would be mounted on the parking lot retaining wall and would be approximately three feet high by 13.5 feet wide. The second sign would be constructed along Fountain Street and would be 20 square feet per side. She noted that the Planning Commission is recommending approval of this amendment.

After Council discussion, Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-61, authorizing amendment to St. Theodore’s Catholic Church conditional use permit, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-61 included with these minutes.)

City Manager Simonsen stated that Love’s Travel Stops & Country Stores, Inc. has requested a subdivision of land for the site to be developed in the Government Acres Subdivision. The request is to combine Lots 1 and 2, Government Acres, into a single lot and to provide for dedication of streets and utility easements. She noted that the Planning Commission is recommending approval of this plat with conditions stipulated.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-62, approving Loves Addition final plat, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Temp Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-62 included with these minutes.)

City Manager Simonsen reported that Real Estate Equities has requested a conditional use permit and final plat approval for the Village Cooperative of Albert Lea at 2201 Stevens Street. The conditional use permit allows a 50-unit cooperative housing development and the plat creates two lots in the 9.96 acre parcel. She noted that both lots have frontage on Stevens but will have access from a common private driveway. The Planning Commission is recommending approval of the permit and plat with conditions stipulated.

Shane Wright, Real Estate Equities, appeared to answer questions. He explained that the company will build on six acres and that ALM Builders of Waseca will be the general contractor for the $7.5 million project.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-63, approving the conditional use permit and final plat of the Village Cooperative of Albert Lea, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-63 included with these minutes.)

City Manager Simonsen explained that the City Council passed Resolution 04-225, approving liquor violation penalties and directing staff to create a voluntary best practices program. The program’s purpose is to encourage liquor license holders to voluntarily undertake practices that will help avoid sales to underage buyers. A licensed establishment that participates in the program will be subject to a modified schedule of presumptive penalties as identified in the resolution. This program identifies that an establishment would meet mandatory standards annually and ear points for complying with the items. There would also be a list of discretionary items that an establishment may implement to earn the necessary points to be considered an establishment who demonstrates best practices. By earning at least 100 points annually an establishment would then be eligible for the modified presumptive penalties explained in Resolution 04-225.

George Gillespie, 327 Lloyd Place, asked if this includes violations of liquor laws and penalties and Ms. Simonsen responded that it does. She further commented that there is a chart showing the consequences for an establishment complying with the Best Practices Program and a separate chart for those who do not.

Mayor Pro Tem Brooks asked the City Attorney to explain the program requirements. City Attorney Schwab explained that the mandatory requirements include three items with 25 points per item and the discretionary requirements include an additional four items with 12 ½ points per item. The participating establishment must comply with the mandatory requirements and must choose 25 points (or two items) from the discretionary list.

George Gillespie, 327 Lloyd Place, asked if he serves someone he knows is over 40 years of age without carding will he be in violation of the policy.

Lt. Phil Bartusek replied that if he knows the customer is over the age of 40, he won’t be in violation. He noted that the purpose of this provision is to compel bartenders to card customers. He explained that he routinely shows a series pictures of children and adults when training and it is difficult to determine the age of those pictured.

Councilor Marin asked why only 75 percent mandatory requirements are included. Mr. Gillespie replied that there is a high turnover in bartenders and Lt. Bartusek said that requiring 100 percent is unrealistic.

Councilor Fjelstad questioned why there wasn’t any bar owner participation in the development of this policy and noted that there are different penalties for bars and clubs. He suggested that this should be approached from the aspect that the minor is violating the law and should be penalized, not the bar owner. He suggested not giving a minor a driver’s license until they are 21 if they are caught buying liquor.

George Gillespie said that he worked as a bartender in Kansas City and that they required each bartender hold a liquor control card to sell liquor. If the bartender sells to a minor, you lose your control card and your means of support.

After additional discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that Resolution 05-64, approving the Best Practices Program, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-64 included with these minutes.)

City Manager Simonsen reported that an Environmental Assessment/Environmental Impact Statement was recently completed for the airport. The Airport Advisory Board and Engineering Staff are not requesting that the City Council formally approve proceeding with the construction of a new 5000 foot runway. The proposed runway would be parallel to the existing runway with a space of approximately 400 feet separating the two. It is anticipated that federal funds will become available in 2007 and construction can be completed in 2008. The total cost of the improvement is projected to be approximately $9.6 million with the Federal Aviation Administration funding 80 percent of the project, State funding approximately 10 percent of the project and local funds and income generated from rentals of hangar space comprising the remainder.

Chuck Foster, 420 Garden Road, current chair of the Airport Advisory Board, introduced board members attending this meeting. The Board is requesting the Council proceed with construction of a new runway. He reported that several studies have been done over the years and the Board has received input from many individuals and groups. Consultants have made several suggestions and the Engineering Staff have come up with recommended airport changes. The runway has remained relatively unchanged since 1955 and is now showing signs of age.

Mayor Pro Tem Brooks asked if there will be public hearings on this project. City Engineer Jahnke told the Council that they are asking to begin to purchase easements and will conduct a public hearing to permit interested parties an opportunity to be heard. Ms. Simonsen pointed out that Staff has already met with some neighboring property owners.

After Council discussion, Councilor Severtson moved, Councilor Rasmussen seconded, that Resolution 05-65, authorizing staff to proceed with future airport runway construction, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

05-65 included with these minutes.)

City Manager Simonsen explained that the City received a request to establish a public hearing for a prospective JOBZ project involving Crystal Pierz Marine. A public hearing for JOBZ tax exemptions would be held on April 11. The purpose of the hearing is to identify criteria that the business must meet in order to be eligible to receive business subsidies. She noted that Ed Tschida, Advance Resources, will present the details of the project at the public hearing.

Councilor Erdman moved, Councilor Severtson seconded, that Resolution 05-66, calling a public hearing on the proposal to grant business subsidies to Crystal Pierz Marine, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-66 included with these minutes.)

City Manager Simonsen reported that the City has received a request from Greg Moen to vacate the right-of-way on a property located adjacent to 412 William Street. The Engineering Department is recommending the 66 foot right-of-way not be vacated but allow use of the right-of-way with conditions.

Councilor Marin asked Mr. Moen if he is in agreement with this recommendation.

Greg Moen, 1617 Canary Drive, told the Council that he is in the process of buying the property and didn’t want to buy it without the ability to use the right-of-way for parking. He indicated agreement with the recommendation.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-67, permitting encroachment on the right-of-way adjacent to 412 East William Street, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-67 included with these minutes.)

City Manager Simonsen explained that the City has received a request from Denny Hall concerning his property at 810 East Main Street. He wants to construct offices on the north side of the existing building. She noted that there is currently a sanitary sewer line in place which would be nine feet away from the proposed edge of the new office building. The City currently has a blanket sanitary sewer easement which entitles the City to place the sewer on any location within the property. Mr. Hall is requesting that the blanket easement be confined to a 20 foot wide sanitary sewer easement. She noted that Staff is recommending approval of this confined easement with conditions.

Mayor Pro Tem Brooks asked if Mr. Hall is agreeable with Staff recommendations. City Engineer Jahnke stated that he accepts the conditions.

Councilor Rasmussen moved, Councilor Severtson seconded, that Resolution 05-68, authorizing confinement of an easement at 810 East Main Street, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-68 included with these minutes.)

City Manager Simonsen commented that this resolution authorizes the transfer of $215,000 from TIF 5-9 Downtown Redevelopment Fund to TIF 5-15 Broadway Ridge Redevelopment Fund. Ms. Simonsen noted that there are currently outstanding taxes owed for 2004 in the old Tax increment Fund. Until those items are resolved, we will not be able to close out the fund.

Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 05-69, approving the tax increment fund transfer, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-69 included with these minutes.)

City Manager Simonsen explained that the Freeborn County Sheriff’s Office, the Albert Lea Police Department and the Alden Police Department are interested in participating in mutual aid enforcement. The purpose of this agreement would be to provide a means by which any of the entities listed may obtain assistance from each other to intervene in underage drinking situations. Ms. Simonsen further explained that costs incurred for this program will be covered by a $5000 Zero Adult Participation grant. The agreement will remain in effect until March 31, 2006 unless any of the parties choose to withdraw by providing written notice.

Lt. Phil Bartusek reported that three things occurred in Freeborn County last spring. The first was the completion of an audit conducted by the battered women’s justice project that took a look at some of the local domestic violence cases which raised a red flag to them about the amount of alcohol being used in regards to domestic violence. The second was three fatalities involving teens occurred and, third, a growing awareness of a high alcohol usage among teens which prompted the application for the grant. He explained that this is a manpower issue; the Police Department can’t tie up the whole department breaking up drinking parties. The grant funds will pay for off-duty officers to identify minors consuming alcohol and also to identify people purchasing for the minors.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that Resolution 05-70, authorizing Police Department participation in the mutual aid agreement, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-70 included with these minutes.)

City Manager Simonsen reported that the City received three proposals from developers. Since that time, Knutson/Jensen withdrew their proposal and Arends withdrew their proposal. Steve Ladwig has requested 90 days to do research and determine the highest and best use of the building. They also desire time to gather information on financial assistance available and will collaborate with the City and potential clients. Ladwig will bring back a proposal for use of the building and its funding to the City Council within 90 days.

Councilor Marin moved to grant the 90 day stage one preliminary study of the building with Mr. Steve Ladwig with the 90 days beginning immediately. Councilor Severtson seconded the motion.

Council discussion included a desire to pursue this project with some sense of urgency and do everything possible to assist the developer in rehabilitating this property.

Councilor Marin noted that he received telephone calls regarding the Planner making Ladwig’s presentation to the City Council. He hopes that this will be handled differently in the future.

Councilor Rasmussen thanked the three developers and suggested we put a priority on this project. He noted that it needs immediate attention and suggested we push for a proposal as soon as possible.

City Manager Simonsen noted that she has made contact with Ed Tschida.

Second Ward, Councilor Erdman:

(1) Thanked Councilor Brooks for his work as Mayor Pro Tempore.

(2) Moved to direct the City Manager to obtain an appraisal for the Blazing Star Landing. Councilor Marin seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Pro Tem Brooks declared the motion carried.

Third Ward, Councilor Marin:

(1) Offered his condolences to Councilor Severtson for the passing of his brother,

David.

(2) Reported complaints about a yellow house with a "For Rent" sign on Front Street directly across from Kwik Trip and asked the Inspection Department look at the property.

(3) Announced a special program on Wednesday night, March 30, at Southwest Middle School beginning at 7 p.m. called "Sex Has A Price Tag". He noted that the program is open to the public, sixth grade and up, and is free of charge.

Fifth Ward, Councilor Severtson:

(1) Thanked Councilor Marin for his condolences.

(2) Asked the City Manager to get a price on what it would cost to develop the channel between the two lakes. Ms. Simonsen told him that it would depend on if you put in a dam structure, widening and diverting the channel. She agreed to get a figure for him.

Sixth Ward, Councilor Brooks:

(1) Told Councilor Severtson that his family’s thoughts are with him.

(2) Noted that most of his calls dealt with snow removal.

(3) Thanked his fellow Councilors for making the night easy for him.

City Engineer Jahnke asked to make a comment on snow removal. He noted that the frost is starting to come out of the roads and when the Street Department was attempting to scrape the last of the ice from the roadway, they were pulling up the blacktop. They then chose to let it melt.

Councilor Marin moved, Councilor Rasmussen 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 11, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the meeting adjourned.

Filed and attested March 29, 2005.

 /S/ Sandi Behrens                                                                          /S/ Al Brooks                                                         

Secretary of the Council                                                                 Mayor Pro Tempore

Old City Council Minutes

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