Albert Lea, MN

May 22, 2006

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, George Marin, Jeff Fjelstad, 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 MAY 8, 2006.

 

(b) TEMPORARY LICENSES APPROVED:

OFF-PREMISES LIQUOR SALES

 

Aragon Bar, 130 West College Street, Albert Lea, for a wedding dance to

be held at the National Guard Armory on June 3, 2006.

 

Aragon Bar, 130 West College Street, Albert Lea, for a wedding dance to

be held at the Albert Lea City Arena on June 17, 2006.

 

Grumpy’s 137 East Clark Street, Albert Lea, for a Chopper

Show/Motorcycle Rally at the Freeborn County Fairgrounds on May

12^th through the 14^th, 2006.

 

PUBLIC DANCE

 

Sesquicentennial Committee, 221 East Clark Street, Albert Lea, for a

dance to be held in the North Broadway parking lot on June 17, 2006.

(c) RESOLUTION 06-123 ADOPTED – CLAIMS: Resolution 06-123 presents the financial claims of the City.

(See Secretary's Original Resolution

06-123 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.

Mayor Summers presented a letter of recognition to Lieutenant Phil Bartusek for his work with the Zero Adult Provider (ZAP) program.

Mayor Summers announced the addition of Item 5-D to the Council’s agenda – A Request to Waive Sanitary Sewer and Water System Development Fees for Newbury Development.

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

• A request to improve the ditches on Waldorf Road in the Oak Knoll Subdivision was received. Ms. Simonsen suggested that the residents bring a petition of adjoining property owners requesting the work.

Ed Mikulich, 1813 Waldorf Road, stated that he had talked to the City Engineer and that he wasn’t aware that a petition is required. He stated that three property owners front on the proposed improvement. He doesn’t believe that the property owners should be required to pay for the improvement.

• A question was raised about repairs to a light pole on James Avenue. The pole had been struck by a vehicle. It is bent and dented but it is structurally sound and not a safety hazard. Because of its appearance, the pole will be replaced.

• Complaints have been received about the rough railroad tracks on Highway 13. The City has contacted MN DOT and they have the improvement scheduled for this spring. She noted that the repairs are dictated by the railroad’s schedule.

• A pothole was reported at Front and Fourth Avenue. This has been repaired.

Grace Haukoos, 111 Fairview Drive, appeared on behalf of the Library Foundation. She stated that the foundation has planned an ice cream social on June 7 at the gazebo from 4 p.m. to 6 p.m. She invited the City Council and the public to attend this fundraiser.

Gladys Roberts, 119 South Broadway, told the Council that she had previously received permission to load and unload her trailer behind her business. She has since been informed by the Police Department that if she continues to park the trailer behind the business that the vehicle will be towed.

After Council discussion with Ms. Roberts, Councilor Brooks moved, Councilor Marin seconded, that Ms. Roberts be granted Council permission to park the trailer behind her business at 119 South Broadway for the purpose of loading and unloading with notice given to the Police Department prior to the occurrence and with the understanding that the loading/unloading activity will not exceed ten days in a summer.

Melvin Rupp, 1305 Poplar Avenue, requested waste receptacles be placed on Wilson Street adjacent to the channel.

Manuel Cantu, Jr., 113 McArthur Drive, asked about the one percent surcharge on building permits to be used for the arts which was proposed at a previous Council meeting. Mayor Summers told Mr. Cantu that this was proposed but no formal action has been taken. Ms. Simonsen stated that this item was raised as a ward item and that this has not yet been reviewed.

Roger Bok, 1012 Cato Drive, requested full agendas be available for the public prior to the Council meeting, asked about a lodging payment on the previous claims list, stated that the information in the Tribune about hydrants on County 45 was incorrect, stated that the driveway into the Village Cooperative is not installed correctly and asked about the iron still located at the Blazing Star Landing.

Ms. Simonsen announced that this is a public hearing on a petition received from the Albert Lea Port Authority for the annexation of 33.43 acres of land which lies west of the South Industrial Park, bordered on the west by South 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.

Mayor Summers opened a public hearing for the Albert Lea Port Authority’s proposed annexation in the SW ¼ NW ¼ of Section 21-T102N-R21W. The necessary notice for this hearing was published on March 30, 2006.

Alan Bakken, 16691 740^th Avenue, appeared on behalf of his mother, Lorraine Bakken, 17273 750^th Avenue. He stated that he is concerned with drainage at the site. He asked that the Port Authority properly handle the storm water from the property. He stated that he is willing to work with the Port Authority with regard to water issues.

Paul Sparks, Executive Director of the Albert Lea Port Authority, stated that the authority is requesting annexation of the acreage for development of a new industrial park. They are in the process of doing the engineering design and there will be three or four holding ponds on the site.

Councilor Brooks stated that he had received calls from constituents asking about storm water issues, traffic concerns and why the Port Authority isn’t holding a public hearing. Mr. Sparks responded that this is the public hearing. The City is required to hold the public hearing but the authority isn’t required to do so. Sparks also stated that Margaretha will be rebuilt and will carry the majority of new traffic and that South Broadway will not be a heavy vehicle carrier. Roads will be discussed when the plat comes to the City Council for review. He hopes the plat will be before the Council in July. Plans include an exit on both Margaretha and South Broadway mainly for emergency purposes. Mr. Sparks has also talked with the City Engineer regarding sewer lines and lift stations. They are trying to curb problems beforehand. They are hoping to grade the property and install sewer lines this fall.

Joe Attig, 18542 750^th Avenue, asked if the hills on the property will be leveled and whether the property will be developed and sold quickly. Mr. Sparks responded that they will be doing a lot of leveling and will retain some of the hill for drainage purposes. The park won’t be available until 2007 or 2008 but the industrial property in Albert Lea is dwindling and it is necessary to develop property to assure it is available to prospective businesses.

With no additional public comment, Mayor Summers closed the public hearing. After additional Council discussion, Councilor Fjelstad moved, Councilor Marin seconded, that the petition be accepted and directed the City Clerk to prepare an ordinance for annexation of the property. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Brooks who voted nay. Mayor Summers declared the motion carried and the petition accepted.

(See Secretary’s Original Resolution

06-124 included with these minutes.)

This public hearing is being held to receive input prior to adopting miscellaneous assessment Roll 0053. The miscellaneous assessments include unpaid utility bills, refuse removal and mowing for which payment has not been received. The unpaid assessments shall bear interest at the rate of 5¼% from May 22, 2006 unless paid within 30 days from adoption of this resolution.

Mayor Summers opened the public hearing. The necessary notice for this hearing was published on May 3, 2006.

City Attorney Schwab stated that he had talked with Richard Becker regarding a mowing bill. Mr. Becker had reported several neighborhood properties with long grass and none of these properties had been mowed. He suggested that in an effort to be fair to Mr. Becker that his assessment be cut in half and Mr. Becker has agreed to that.

With no one appearing to be heard, Mayor Summers closed the public hearing.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that miscellaneous assessment roll 53 be adopted with Mr. Becker’s assessment being reduced from $109.78 to $54.89. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the roll adopted.

(See Secretary’s Original Resolution

06-125 included with these minutes.)

Mr. Jesus Wilson is requesting an extension on a miscellaneous assessment on behalf of his mother, Marisetta Lombida-Fortun. The assessment was adopted in August 2005 in the amount of $5,962.17 for demolition and removal of a garage at 328 E. Clark Street. The garage was demolished with Mr. Wilson’s consent and in working with the Fire and Inspection Department. The assessment was certified to the County Auditor in November 2005. Mr. Wilson is requesting that the City Council spread this assessment out over five years at 6% interest due to the financial hardship it would cause to be paid in one year.

Councilor Rasmussen moved, Councilor Marin seconded, that the request to extend the repayment of the assessment 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

06-126 included with these minutes.)

Ms. Simonsen announced that Mike Gordon, President of the Low Bucks Car Club, is requesting permission to hold the annual car cruise on June 17 at 6:30 p.m. in conjunction with the Eddie Cochran Weekend. The cruise will start at the Freeborn County Fairgrounds and work its way through the City on a route to be determined with the Police Department. The cruise will end at the North Broadway parking lot later that day.

Councilor Erdman moved, Councilor Brooks seconded, that the request for the car cruise be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the cruise approved.

Ms. Simonsen explained that she had received a letter from the July Sesquicentennial co-chairs. They are requesting blocked or rerouted streets on July 1 for the 5K, 10K and Kid’s Fun Runs and have provided the City Council with the requested routes. They are also requesting use of the beach and parking lot for a Family Beach Party on July 2. Additionally, they are requesting use of tiki torches and a recreational bonfire.

Councilor Marin moved, Councilor Rasmussen seconded, that the requests of the committee for the events scheduled around the July 4 weekend be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the events approved.

Ms. Simonsen reported that the City has received a request from Newbury Development

to waive the sewer and water system fees for Pickerel Park Phase II. The City Council passed a resolution in support of the Newbury grant application submitted through the City to the Minnesota Department of Employment and Economic Development and staff is recommending approval of this request. Multiple family residential units are treated the same as commercial development with the fee of $3600 per acre. The lot is 4.54 acres for a total fee of $16,344 or $681 per unit. The fees were waived for Phase 1 and the company is now requesting that they be waived for Phase II as well.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that the request of Newbury Development to waive the sewer and water system fees for Pickerel Park Phase II in the amount of $16,344 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

06-127 included with these minutes.)

City Manager Simonsen announced that this is a public hearing for Ordinance 106, 3d, on a change in zoning classification from R-3 (Multi-family Residential District) to B-2 (Community Business District) for property located on the northwest half of the block bounded by Katharine Street, East Main Street, Bridge Avenue and Shell Rock Street. The request is made on behalf of the owners, Gray Canyon Companies, Inc. The Planning Commission held a public hearing on April 27, 2006 and made a recommendation to proceed with this request. The City Council reviewed the proceedings and recommendation and had a first reading on May 8 2006. The necessary notice for this hearing was published on May 10, 2006.

Mayor Summers called for public comment.

Tom Leland, I-35 Development Company, introduced Rick Hanson, vice president in charge of site acquisition for Gray Canyon Companies, Inc., a developer for Walgreen’s. Mr. Hanson explained that the revised plan for the building will have green space facing both Bridge Avenue and Main Street. The building’s may entrance will be a foyer facing northwest toward Bridge Avenue. Three awnings will face Bridge and a drive-through pharmacy overhang will face Main Street. They are hoping to retain some of the trees and will have a wetland-type detention pond. Landscaping including the pond will take up more than 20 percent of the site. The company has talked with the Watershed District and will continue to work with them on any issues they may have.

There was no additional public comment. 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

106, 3d included with these minutes.)

Mayor Summers publicly thanked Representative Dorman and Senator Sparks for efforts put forth on behalf of Albert Lea during the recent legislative session.

City staff has obtained two bids for equipment and installation necessary to provide live broadcast of meetings held in the City Council Chambers. The project involves the installation of four robotic video cameras and support equipment as well as an upgrade to the audio and control systems necessary to offer live broadcast. Two bids were received for the project:

The original equipment for taping was purchased from Alpha Video, and they are familiar with our system. City staff is recommending accepting the low bid for this project. It will take approximately 45 days for parts and installation and 30 days for testing and training on the equipment. Staff had budgeted $35,000 for this project.

Council discussion included the pros and cons of going live, the cost of the project, the fact that the City has received franchise fees from the cable system for many years and that this may be a good use for those fees.

After Council discussion, Councilor Erdman moved, Councilor Severtson seconded, that purchases of the video system from Alpha Video be authorized. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Marin who voted nay. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

06-128 included with these minutes.)

This resolution authorizes the Albert Lea Police Department to participate in the 2007 Safe and Sober Campaign in cooperation with the Freeborn County Sheriff’s Department during the period from October 1, 2006 through September 30, 2007. Safe and Sober is a state run grant program that pays officers’ overtime to target specific traffic violations during specific times throughout the year. We have participated in this program for the past seven years; there is no cost to the City. Safe and Sober also pays vehicle mileage in addition to overtime. This resolution would demonstrate support of the City Council in order to apply for the grant.

Councilor Severtson moved, Councilor Marin seconded, that signing of the Safe and Sober agreement be authorized. 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

06-129 included with these minutes.)

The City of Albert Lea is requesting a zone boundary modification for Bridon Cordage, LLC to be included in the current zone located at 2202 Myers Road. The donating Subzone G would be reduced by deleting the easterly 15,000 square feet to be donated to Subzone 9R which is part of an existing industrial building. Resolutions including the new acreage have been accepted from Freeborn County, School District 241 and the Shell Rock Watershed District.

Ryan Nolander, Business Development Director, Albert Lea Business Development Center, explained that this request for a boundary modification resulted from the fact that more space is needed for equipment. They are requesting an increase from 15,000 square feet to 30,000 square feet.

Councilor Fjelstad moved, Councilor Brooks seconded, that the JOBZ boundary modification for Bridon Cordage 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

06-130 included with these minutes.)

This resolution authorizes the Mayor and City Manager to enter into an agreement with the Albert Lea Figure Skating Club for the operation of food and beverage concessions at the Aquatic Center. The club will provide proof of license and provide only professionally prepared and presented food and beverages and will be responsible for the management and operation of the concession including general supervision, training, purchasing and cleaning of the food service area. The contract is an exclusive right for the sale of food and beverage from May through September 2006. ALFSC agrees to maintain insurance and fully protect the club and the City from any and all claims. The City and ALFSC mutually agree that the skating club shall keep 90% of the gross income and the City shall receive 10% of the gross income form the operation.

Councilor Brooks moved, Councilor Severtson seconded, that the agreement with the Albert Lea Figure Skating Club for operation of the concessions stand at the Aquatic Center 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

06-131 included with these minutes.)

This resolution approves an administrative survey of Lots 14, 15 and 16, Block 21, Original Plat. The survey was prepared by Jones, Haugh & Smith for Ms. Peggy Rockow to combine two lots to allow adjacent buildings on separate lots to be occupied as one building.

Councilor Erdman moved, Councilor Severtson seconded, that the Administrative Survey in Original Plat 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

06-132 included with these minutes.)

Mary O’Marro and John R. Peterson Revocable Trust are petitioning to annex property they own in Sections 2 and 11-T102N-R21W. This is the land that Flying J anticipates using and includes additional land south of the Flying J site to S.E. Marshall Street. The annexation will also include the property with the house on it at the location of Blake Avenue and East Main Street and the property immediately adjacent to East Main Street.

After Council discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that the petitions for annexation be accepted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-133 included with these minutes.)

First Ward, Councilor Rasmussen:

1. Has received several phone calls regarding junk accumulated at 326 Glenn Road.

2. Congratulated outgoing High School Seniors and wished them luck in the future.

Second Ward, Councilor Erdman:

1. Reported a property on South Ermina that appears to be abusing the parking ordinance. It looks like a used car lot. There is also an adjacent City owned lot that the guy is using to parking cars.

2. Noted that the Freeborn County Commissioners share information at board meetings regarding other meetings they have attended. He suggested that the City Councilors consider sharing information relating to meetings they attend to show the public that the Council is informed and receive background on issues.

3. Thanked volunteers who worked on the downtown cleanup.

4. Echoed Mayor Summers thanks to Representative Dorman and Senator Sparks for their efforts on behalf of Albert Lea during the recent legislative session. He noted that Dorman, the Chair of the House Capital Investment Committee, put forth special effort steering the Albert Lea requests through that committee. He thanked him for the long hours spent on behalf of Albert Lea.

5. Noted that it paid to hire Judy Erickson as the City’s lobbyist in this effort and suggested that it may benefit the City to retain a lobbyist in future years.

Third Ward, Councilor Marin:

1. Thanked the Street Department for the quick repair to the pothole.

2. Thanked Detective Frank Cole for the presentation on "Good Touch/Bad Touch" to a group of youth at Grace Christian Church.

3. Asked Chief Paul Stieler when the "When You Have Had a Fire" handbook would be available. Chief Stieler stated that they are attempting to purchase some additional information for the packet and he hoped to have it available in the next couple of weeks.

4. Requested an update on the Sunset Street extension. Ms. Simonsen told the Council that she and the Mayor had met with the property owner and that he appeared to be willing to work with the City on getting the right-of-way needed for the extension. She noted that the City is currently getting a legal description prepared and will present it to him when it is ready. Councilor Marin stated that this extension is important and the City needs to proceed with this project.

Fourth Ward, Councilor Fjelstad:

1. Stated that he and Councilor Severtson were blinded by the sun during the meeting and requested a film be placed on the last two windows to the west.

Sixth Ward, Councilor Brooks:

1. Requested that Mr. Jahnke contact Barry Jacobson on Frank Hall Drive regarding water issues.

Councilor Severtson 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, June 12, 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 May 23, 2006.