Albert Lea, MN

April 12, 2004

Jill Marin, Grace Christian 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 Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.

The Pledge of Allegiance was recited.

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MARCH 22, 2004.

(b)  LICENSES APPROVED:

ANNUAL LICENSE

 

DEALERS IN SECONDHAND GOLD, SILVER AND JEWELRY

KC Pawn & Gun Shop, Inc., 127 East Clark Street

 

SIGN HANGER

Innovative Signs, 801 19^th Street SW, Austin

 

TEMPORARY LICENSES

 

FOOD/BEVERAGE

Albert Lea Cloverleaf Lions Club for pancake breakfast on June 6, 2004 at the Municipal Airport

 

Kathie’s Concessions, P. O. Box 804, Watertown, MN for concessions during the 4^th of July events on July 3 and 4, 2004

 

Low Bucks Car Club for Eddie Cochran Weekend at the North Broadway parking lot on June 12, 2004 from 8 p.m. to midnight

 

OFF-PREMISES LIQUOR SALES

Tienda Mexico, 2201 East Main, for a birthday party at the Freeborn County Fairgrounds on May 15, 2004

 

PUBLIC DANCE

Low Bucks Car Club for Eddie Cochran Weekend at the North Broadway parking lot on June 12, 2004 from 8 p.m. to midnight

(c)  RESOLUTION 04-83 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-83 approves the Minnesota Lawful Gambling Premises Permit Application for Glenville Community Recreation for pull-tab operations at the Aragon Bar, 130 West College Street, and Hot Shots Bar & Grill, 1119 South Broadway.

(See Secretary’s Original Resolution 04-83 included with these minutes.)

(d)  RESOLUTION 04-84 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-84 approves the Minnesota Lawful Gambling Renewal Application for charitable gambling at the Elks Lodge #813, 1811 Southeast Broadway.

(See Secretary’s Original Resolution 04-84 included with these minutes.)

(e)  RESOLUTION 04-85 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-85 approves the Minnesota Lawful Gambling Premises Permit Application to Conduct Excluded Bingo for the Albert Lea Lions Club for operations at the Freeborn County Fairgrounds on and between August 3, 2004 and August 8, 2004.

(See Secretary’s Original Resolution 04-85 included with these minutes.)

(f)  RESOLUTION 04-86 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-86 approves the Minnesota Lawful Gambling Application to Conduct Excluded Bingo for the VFW Post 447 at the Freeborn County Fairgrounds between August 3, 2004 and August 8, 2004.

(See Secretary’s Original Resolution 04-86 included with these minutes.)

(g)  RESOLUTION 04-87 ADOPTED – CLAIMS: Resolution 04-87 presents the financial claims of the City.

(See Secretary’s Original Resolution 04-87 included with these minutes.)

Councilor Brooks moved, Councilor Amundson 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.

Mayor Eaton opened public hearings for Job Opportunity Building Zone Business Subsidy Agreements with Larson Manufacturing, Alamco Wood Leasing, Inc./M. F. Technologies, Inc. and Trail’s Truck Service Center, Inc. The necessary notice for this hearing was published on March 29, 2004.

Ed Tschida, Advance, Inc., the City’s consultant on JOBZ projects, appeared before the City Council to explain the projects included in these public hearings. He explained that the Larson Manufacturing project was continued due to a publication date irregularity and that the Alamco Wood Leasing, Inc./M. F. Technologies, Inc. project was approved at the last meeting but needed affirmation due to the publication date irregularity. He noted that the expansion at Trail’s is a $3.4 million investment and will double the number of jobs at the facility. The program permits tax exemptions up to 12 years (from 1-1-04) including property tax on the value of the improvement, sales tax on purchases and State income tax and that the participants must maintain the levels to continue benefits.

James Jirele, 2225 Milo Avenue, asked what subsidy the City would provide. Mr. Tschida replied that this is a tax exemption program and Mr. Jirele asked if the residents would be required to carry the burden of these exemptions. Mr. Tschida explained that the State created program is primarily for rural areas and that in Freeborn County 400 acres are included in the zones. He noted that the jobs will pay an average wage of $11 an hour for service facilities and approximately $20 per hour with benefits for manufacturing facilities.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 04-88, authorizing the JOBZ Business Subsidy Agreement with Trails Service Center, Inc. be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearings closed.

(See Secretary’s Original Resolution 04-88 included with these minutes.)

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 04-89, authorizing the JOBZ Business Subsidy Agreement with Larson Manufacturing Company, 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 04-89 included with these minutes.)

Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-76, authorizing the JOBZ Business Subsidy Agreement with MF Technologies, Inc./Alamco Wood Leasing, be affirmed. 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 04-76 included with these minutes.)

Mayor Eaton opened a public hearing for Job 0113, the extension of sewer and water from C.S.A.H. 46 from Trails Plaza to C.S.A.H. 38. The necessary notice for this hearing was published on March 24, 2004.

Henry Savelkoul, a local attorney, appeared before the City Council representing Hazel Doyle, Pro Manufacturing/Pro Trucking and Matt Callahan. He explained that his clients feel that the basis for assessment is unfair and the interest rate is excessive. The group would like to meet with the City to attempt to resolve these issues. If the Council decides to proceed with the project including the assessment formula and interest rate cited on the notice, his clients would be forced to appeal the assessment in court. He requested that the City Council apply the assessments at a reasonable interest rate when the properties are annexed and developed.

Mike Baseman, 20674 780^th Avenue, asked why sewer and water is being extended down C.S.A.H. 38 at this time. City Engineer Jahnke explained that Pro Trucking and Freeborn Mower Cooperative Service had requested the extension and the City included the extension down C.S.A.H. 38 to loop the system with the system on Southeast Marshall adding to the reliability of the system. Mr. Baseman then asked whether the installation would be placed on the east or west side of C.S.A.H. 38. Mr. Jahnke explained that he couldn’t answer the question as the plans are not yet completed for that portion of the extension.

Mike VanRyswyk, 77509 205^th Street, explained that he has 66 feet of frontage but that he has a very long driveway and that there is no way he can hook up to water and sewer. Mr. Jahnke responded that he is correct. It would cost prohibitive to extend sewer and water to his residence at this time.

Henry Savelkoul commented that even if the assessments are deferred that the Clerk’s records would reflect an assessment and if the property is sold, it would be necessary to pay the assessment.

Ken Stencel, 77799 205^th Street, told the Council that he didn’t want to be in the City and that he wants his assessment deferred.

Mike Baseman suggested the Council assess the property if it becomes something other than residential. If it remains residential the deferral should continue.

Mike VanRyswyk asked if he sells his property whether the assessment would have to be paid. The response was that if the project proceeds under the normal assessment procedure that if annexed when sold he would be required to pay the assessment.

Tom Leland, 22735 Bluegrass Road, asked whether the two projects had been combined. Mr. Jahnke explained that the Government Acres properties are included in this project.

Council discussion included a desire to continue this public hearing to the next regular City Council meeting to permit additional time to study and respond to the questions and requests noted at this hearing. Councilor Brooks moved, Councilor Amundson seconded, that the public hearing be continued to April 26, 2004. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing continued.

City Manager Simonsen explained that Sarah Dorman has requested permission to conduct the March of Dimes Walk around Fountain Lake on April 18, 2004 from noon to 3 p.m. beginning at Brookside School. Arrangements have been made for portable bathroom facilities and for trash removal.

Councilor Brooks moved, Councilor Kron seconded, that the request of the March of Dimes organization to conduct its annual March of Dimes walk on April 18, 2004 be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the walk authorized.

Earl Jacobsen, representing the Albert Lea Rotary Club, appeared before the City Council requesting permission to conduct a community service project on the peninsula just east of the channel area on Albert Lea Lake. He provided the Council with a map showing the area in question and an explanation of the work the group would like to provide. He noted that the club had discussed this project with the Park and Recreation Advisory Board and that the group would work closely with the park staff throughout the project.

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that the Rotary Club proceed with this service project. Councilor Amundson requested that the City Council be provided with a final plan prior to initiating the project. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the project authorized.

Heather Earl and Holly Kuhse, representing the Celebrate Albert Lea committee, appeared before the Council to request the donation of $4000 for the 2004 festival. Ms. Earl told the Council that she is aware that the City only has $2000 left in the contingency account and that the group would accept that amount.

After discussion, Councilor Fjelstad moved, Councilor Erdman seconded, that Resolution 04-90, authorizing $2000 from the contingency account to the Celebrate Albert Lea 2004 festival, 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 04-90 included with these minutes.)

Paul Evenson of the Albert Lea Skate Park Association reviewed the history of skateboarding and its popularity today. He explained that Stan Sevaldson, the organizer of the association and major fund raiser, had passed away and they had no one who could continue his level of fundraising. He requested that the City Park and Recreation Department take over supervision of the park. The association will pay the insurance costs for this year. When questioned about lowering a tier 2 piece of equipment to make it a tier 1 piece, Mr. Evenson responded by agreeing to do so. He noted that he is interested in opening the park to all skaters free of charge.

City Manager Simonsen told the Council that there is no money budgeted for this supervision.

After Council discussion, Councilor Fjelstad moved, Councilor Amundson seconded, that the request be tabled to the next regular meeting to permit staff the opportunity to look into this request further and provide options for Council consideration. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request tabled.

Mary Ellen Johnson, president of the Downtown Association, appeared before the City Council to address problems and concerns with parking in the downtown area. She noted dirty streets due to parked cars preventing street sweeping, all day parking on streets that are signed for two hour parking, limited space in parking lots and an increase in cars, broken glass appearing in parking lots. She suggested that the City employ a parking enforcement officer to deal with these issues or establish a workshop meeting with the Downtown Association and others to determine how these parking issues can be solved.

Tom Menning, Albert Lea Police Chief, told the Council that he had met with the Downtown Association relating to these parking enforcement issues. He feels that the 2 a.m. to 6 a.m. period is appropriate for uniformed officers to issue parking tickets. He noted that parking restrictions in the downtown have not changed and that if a higher level of service is needed, the City would need to employ a parking enforcement officer.

Councilor Erdman questioned the Chief on his stance between hiring a parking enforcement officer or permit parking. Chief Menning noted that the permit parking would make it even more difficult for visitors to the area to park. If visitors park on the street without a permit they would be in violation of the ordinance and subject to a ticket. Councilor Erdman asked Chief Menning if there was space available in the new Law Enforcement Center for a parking enforcement officer. Chief Menning said he anticipated this and had included space for a parking enforcement officer in the new facility. City Manager Simonsen asked if parking space would be increased when the new facility is complete. Chief Menning said there would be an additional 20 stalls.

Joan Slen, 206 Lee Place, requested handicap parking spaces on Broadway.

Pat Corrigan, 814 Frank Hall Drive, told Ms. Slen that anyone with a handicap parking sign could park anywhere at any time and that this issue would take time to work out.

After Council discussion, it was the consensus of the Council that the City Manager arrange for a workshop to discuss these issues.

Councilor Erdman withdrew his request for a residential parking permit zone ordinance.

Richard Seelye, 914 Jefferson Avenue, told the Council that he has observed decay in older neighborhoods like his and vehicles speeding through his alley. He also stated his concern with a flatbed truck at Madison and Third Street and abandoned vehicles. He suggested that everyone in the city clear their properties of trash.

Marge Hamersly, Executive Director of the Chamber of Commerce, asked that the Chamber’s request for a loan to purchase its building be withdrawn.

Councilor Marin thanked the City Attorney for his legal opinion.

City Manager Simonson explained that it is necessary to schedule a public hearing for the issuance of a temporary on-sale liquor license for the Freeborn County Fair Beer Garden to the Freeborn County Agricultural Society from August 5 through 8, 2004.

Councilor Amundson moved, Councilor Erdman seconded, that a public hearing for the issuance of a temporary on-sale liquor license for the Freeborn County Fair Beer Garden from August 5 through 8, 2004 be called for April 26, 2004. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing called.

Councilor Kron introduced Ordinance 75, 3d, accepting the annexation order for the Government Acres area. This ordinance will lay over for a second reading and a public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 75, 3d included with these minutes.)

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-91 subdividing Lot 2, Block 1, Bridgeport Second Subdivision, 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 04-91 included with these minutes.)

City Manager Simonsen told the Council that this resolution directs the City Clerk to proceed with seeking approval for East Main Street to be designated as a Municipal State Aid Street under Minnesota law.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-92, establishing state aid highway designation on East Main Street, 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 04-92 included with these minutes.)

City Manager Simonsen explained that this resolution provides for the addition of a 12 foot wide lane on the west side of Blake Avenue from T.H. 65 to Olsen Drive. The northbound lane from East Main Street to Olsen Drive will also be widened from 16 feet to 20 feet wide. This widening is necessary to provide safe access to the development as well as to be able to handle existing and future traffic on Blake Avenue.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-93, approving change order number 9 for Blake Avenue expansion (Job 0107), 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 04-93 included with these minutes.)

City Manager Simonsen informed the Council that this resolution approves the submission of an application for the Minnesota Design Team to come to Albert Lea and assist the City Planner with community wide strategic planning and citizen engagement at a cost of $3750.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 04-94, approving submission of an application for a Minnesota Design Team visit at a cost of $3750, be approved. On roll call vote, Councilors Erdman, Marin, Kron and Mayor Eaton voted in favor of the motion with Councilors Amundson, Fjelstad and Brooks voting nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-94 included with these minutes.)

City Attorney Schwab explained that he has been unable to notify all parties involved in ownership of this property of the City’s intent to order demolition of this dilapidated structure. When the City Attorney has located all owners and given proper notification, the item will be brought back to the City Council for action.

Mayor Eaton welcomed City Manager Victoria Simonsen and announced a coffee in her honor on April 29, 2004 from 3:30 to 5 p.m. at the Multiple Purpose Room in City Hall. She also announced that there will be meetings relating to historic preservation at Riverland on April 27 at 5:30 p.m. for architects, tenants and owners in the downtown area and at 7:30 p.m. for the public.

Second Ward, Councilor Erdman:

(1) Reminded everyone that we all need to pick up litter around town. Last year the garbage cans placed around were for people to pick up litter rather than clean out their garages.

Third Ward, Councilor Marin:

(1) Welcomed the new City Manager.

(2) Requested a zoning change for the corner of Front Street and First Avenue South to permit the use of the property as a collectible/antique shop.

Fourth Ward, Councilor Fjelstad:

(1) Has received calls for stop signs rather than yield signs at Fairlane Terrace and Garfield.

(2) Asked the Park Department go out on Bridge behind Spicer Road to repair ruts in the grass caused during snow plowing along the sidewalk.

(3) Asked whether hot mix is available yet. City Engineer Jahnke told Councilor Fjelstad that it would probably be available in May.

(4) Has heard from the former manager of the Hansen Apartments that the tenants are happy with the transition.

(5) Passed around a picture of a lit water tower and asked for the staff to get a cost estimate to do something similar with the Home Depot tower.

Sixth Ward, Councilor Brooks:

(1) Thanked the vacuum truck for sucking up the dead carp.

Pat Corrigan, 814 Frank Hall Drive, welcomed the new City Manager and announced that he would be representing the city and county in a 10 county mental health initiative to put together a program for Mayo Clinic psychiatrists regarding the initiative.

Lanier Pratt, 807 North Shore Drive, told the Council that he is a co-chair of the Beautification Committee with Beth Doyle. The committee wanted the Council to be aware of a need and lack of a clean up in the City. The group is hanging logo flags and banners and hanging flower baskets downtown. They are requesting the City water the flowers seven days a week and pick up litter along the streets in the downtown area. He noted that local businesses have donated a tractor and watering system. The group is also looking at presenting awards to individuals for improvements to yards/properties. City Manager Simonsen has talked with the Park Department and it is estimated that it will cost approximately $2000 for a four-month period to water the flowers on a daily basis. She noted that the Park Department is willing to absorb this expense in its budget.

Roger Bok, 1012 Cato Drive, asked where the permits are for the fountains to be installed in Fountain Lake, who is paying insurance and electricity bills, why the City is paying for mermaid insurance, when will the Port Authority audit be available, why is agenda not posted, it is illegal to put approval of minutes on the consent agenda, why was public items moved to the end of the agenda, the need for reduced speed limits on East Main Street.

Ken Nelson, 20681 794^th Street, asked when the welcome signs would be redesigned.

Lyle Hinz, 614 West Richway Drive, asked what is happening at the boat landing on Richway. City Engineer Jahnke told Mr. Hinz that the DNR standard was followed for this project and the area would be regarded and a new bike path added.

Roger Bok, 1012 Cato Drive, heard people calling in on KATE Radio’s Party Line regarding loose dogs.

Marge Hamersly, Executive Director of the Chamber of Commerce, told the Council that the Jefferson Award honorees will be honored on April 22 at the Paramount Theatre in Austin. Four of the honorees are from Freeborn County including Ken Nelson, Dr. Earl and Beverly Thompson, Toby and Marge Thompson and Mary and Loren Grasdalen.

Larry Pratt, 807 North Shore Drive, told the Council that vehicles are traveling at a high rate of speed on North Shore Drive and requested temporary speed bumps. He noted that in the spring temporary dips occur which slows traffic.

Glen McDaniel, 701 Garfield Avenue, asked if anything has been done about the train whistles.

Councilor Amundson 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, April 26, 2004. 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 April 13, 2004.

 /S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor