Albert Lea, MN

May 10, 2004

Reverend Mike Gerhardt, Church of Christ, 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, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The Pledge of Allegiance was recited.

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 26, 2004.

(b)  LICENSES APPROVED:

TEMPORARY LICENSE

OFF-PREMISES LIQUOR SALES

Aragon Bar, Inc., 130 West College, for a wedding dance at the Freeborn County Fairgrounds on May 8, 2004

PUBLIC DANCE

Carmen Gonzalez, 906 Bridge Avenue, for a quinciñera dance at the Freeborn County Fairgrounds on May 15, 2004 from 7 p.m. to 1 a.m.

(c)  RESOLUTION 04-112 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 04-112 approves the Minnesota Lawful Gambling Application for Exempt Permit of the Southern Gateway Chapter MN Deer Hunters Association, 1322 Fountain Street, for a raffle at the American Legion, 142 North Broadway on September 11, 2004.

(See Secretary's Original Resolution 04-112 included with these minutes.)

(d)  RESOLUTION 04-113 ADOPTED – CLAIMS: Resolution 04-113 presents the financial claims of the City.

(See Secretary's Original Resolution 04-113 included with these minutes.)

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

City Manager Victoria Simonsen explained that this resolution calls a public hearing for May 24, 2004 at 7 p.m. in the City Center Council Chambers to accept public input regarding the approval of the issuance of the Colorado Health Facilities Authority’s Health Facilities Revenue Bonds for the Albert Lea Good Samaritan Center. She explained that federal tax law requires the public hearing and approval by the Mayor as a pre-requisite for issuing tax exempt bonds.

Councilor Brooks moved, Councilor Amundson seconded, that a public hearing for the issuance of Good Samaritan Society Project Revenue Bonds for May 24, 2004, be approved. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing called.

(See Secretary’s Original Resolution 04-114 included with these minutes.)

City Manager Simonsen told the Council that Orvin Drangstveit has requested that the Norwegian Flag be flown at City hall along with the American Flag on May 17, Norwegian Constitution Day. She noted that the staff is recommending against this permission that the City Council would be setting a precedent by approving this request.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the request to fly the Norwegian flat at City Hall be denied. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and permission denied. Councilor Marin suggested Mr. Drangstveit use the flagpole at New Denmark Park.

City Manager Simonsen commented that Three Eagles Communications/KATE/KCPI Radio has requested use of the North Broadway parking lot on July 15, 2004. The use would be for the entire day with set-up occurring during the day and a Listener Appreciation Party beginning at 5:30 p.m. The group is anticipating completion of the event by 10 p.m. that evening. They are requesting use of the parking lot and electricity for the band and for food service that evening.

Michael Miller, 303 Fountain, expressed objection to the event and others recently authorized by the City Council.

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that use of the parking lot as requested, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen explained that in an effort to correct title problems for property owned by the First Wesleyan Church, the City has received a request to vacate approximately one foot by 20 feet of a 10-foot wide alley located on Lots 3 and 4 of Hill & Bagan’s Subdivision. She noted that this alley is located between Marshall Street and Johnson Street. The property is owned by one individual and no utilities are located in the alley. The staff does not object to vacation.

Councilor Brooks moved, Councilor Amundson seconded, that the requested vacation of a portion of alley located on Lots 3 and 4, Hill & Bagan’s Subdivision, be approved. After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-115 included with these minutes.)

City Manager Simonsen explained that staff has received a number of requests to purchase Class VII materials stored at the old Farmland site in addition to the request received from the Port Authority to purchase materials for a parking lot in the Jobs Industrial Park. Ms. Simonsen is requesting permission to sell the materials at $4.00 per ton with a minimum quantity of 500 tons to non-governmental agencies and for $2.50 per ton with a minimum quantity of 500 tones to quasi-governmental entities.

Councilor Marin moved, Councilor Kron seconded, that Resolution 04-116, authorizing sale of Class VII recycle materials as requested by the City Manager, be approved.

Roger Bok, 1012 Cato Drive, asked how the Council can sell something it doesn’t own and why it is selling the material so cheaply. Ms. Simonsen explained that the City owns the materials and we are in the process of completing acquisition of the site.

After Council discussion, Councilor Amundson asked that the motion be amended to include providing the materials to the Port Authority free of charge noting that this material will be for a parking lot in the industrial park which is good for the area. Councilors Marin and Kron agreed to amend the motion to include this provision.

Roger Bok, 1012 Cato Drive, asked why the City is selling the material so cheaply and why is the Council giving the material to the Port Authority. Ms. Simonsen noted that the staff has talked with another business selling similar materials and finds that our material is not of as good a quality as the materials they are selling and is therefore recommending the lower rate. Our material can only be used as a base.

After additional Council discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-116 included with these minutes.)

City Manager Simonsen told the Council that Michael and Rhonda Heilman have requested permission to connect to City water for their property at 3411 Hoeger Lane. The Heilman’s agree to a water transmission line assessment of $1570.14 and will not object to annexation of the property.

Councilor Kron moved, Councilor Amundson seconded, that Resolution 04-116, authorizing extension of water service to 3411 Hoeger Lane, 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 04-117 included with these minutes.)

Mayor Eaton:

(1)  Invited everyone to attend the Community Lighting of the Fountains on May 22 from 1 to 4 p.m.

(2)  Noted that the flowers and flags decorating the downtown area will be in place on May 24.

(3)  Suggested that the Park and Recreation Advisory Board look at waiving pool and t-ball fees for families of servicemen in Afghanistan and Iraq.

First Ward, Councilor Amundson:

(1)  Requested copies of ordinances relating to recreational vehicles and cars parked on private property.

Second Ward, Councilor Erdman:

(1)  Moved for a second dead end sign on Abbott Street at Pleasant Avenue. Councilor Kron seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the sign authorized.

(2)  Explained that the North Broadway parking lot is becoming a gathering place and that improvements to the lot are budgeted for this year.

(3)  Has received numerous telephone calls regarding litter around the community and on private property. He commented that the gentleman who presented the Albert Lea Listens results had specifically noticed rundown housing, old signage and litter. He said the Council needs to look for a solution as this problem is not going away. Councilor Kron suggested each Councilor look around his own ward and report violations to the Inspection Division. Citizens should take some pride in their community.

Mayor Eaton announced that there will be a weekly curb appeal award given in each ward throughout the summer encouraging clean up and beautification. Also a monthly beautification award will be given for commercial and industrial projects. We should encourage cleaning up the community.

Third Ward, Councilor Marin:

(1)  Received a complaint about the dock area at the new boat landing being too shallow with only about 12 inches of water. City Engineer Jahnke told Mr. Marin that additional work will be done in that area when the landing construction is complete.

(2)  Complaint from a resident on McArthur Drive about cars parking on the wrong side of the street and a distance away from the curb, requested more police patrols.

(3)  Requested use of the North Broadway parking lot on July 17 from noon to 10 p.m. Area churches are sponsoring a concert including loud speakers and music. Councilor Marin moved to approve the use of the lot for the concert. Councilor Brooks seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the use authorized.

Fourth Ward, Councilor Fjelstad:

(1)  Stated that some misunderstanding exists from a resolution passed last year for the deferment of special assessments for the Blake Avenue development project for the Kevin Blake property. He understood that the deferment would be in effect until the property is sold. Mr. Blake recently went to the bank for a loan and was denied based on the five year deferment cited in the resolution. Councilor Fjelstad then moved to amend Resolution 03-78 to drop the five year deferment and permit deferment until the property is sold. Councilor Marin seconded the motion.

Kevin Blake, 1501 Blake Avenue, stated he understood the deferral would remain until the property is developed or sold. He didn’t understand that the limit was placed on the deferment.

Councilor Amundson asked if the loan was for development and if so, this was a moot issue. Blake explained that his business was down $100,000 due to the construction and that he hasn’t ever seen the actual numbers relating to the project and the division of assessments.

City Engineer Jahnke noted that Mr. Blake has received a not-to-exceed figure and that the actual costs are not yet available.

Councilor discussion included a feeling that the Council shouldn’t depart from the rule as this would be setting a precedent. Blake noted that he would like to see the actual calculations. Jahnke volunteered to provide these figures to Mr. Blake. Councilor Amundson then asked if the issue is the amount or method of assessment or the five-year deferral.

Mr. Blake told the Council that Mr. Sparks told him the property would deferred until it was developed or sold.

Councilor Marin asked the City Clerk to listen to the tape from the meeting and confirm the five-year deferral.

Councilor Fjelstad then moved to table the motion until the next regular Council meeting to provide an opportunity for further clarification. Councilor Marin accepted the change. Mayor Eaton declared the item tabled.

Fifth Ward, Councilor Kron:

(1)  Matt Greibrok of Thermo King requested the south curb on Consul Street in front of Thermo King be painted yellow to permit truck access to the business.

Sixth Ward, Councilor Brooks:

(1)  Asked whether the curb and gutter on the north end of Todd would be done this year. City Engineer Jahnke told Councilor Brooks that with changes to this year’s project plans, it might be done this year.

(2)  Noted there is some conflict over the Rotary Club’s Pelican Point project. Ms. Simonsen told him that the staff had met with representatives of the club to look at that project and other options for the Rotary Club project.

Loren Schroeder, 2017 Kevin Drive, asked about the Lembke berm on South Shore Drive. He understands that the officials are requiring removal of the berm but won’t require completing the conversion with blacktop. Mr. Schroeder asked who will be expected to pay for the replacement of the blacktop when he develops his property and whether the City would require the blacktop be replaced. He noted that Mr. Lembke is a professional builder and should be aware of the rules. He removed posts and didn’t return them. A neighbor’s son knocked over a sign and the neighbor was required to pay for the sign. Is Mr. Lembke going to have to pay for the repair to the road?

Marvin Lenze, 2021 Kevin Drive, told the Council that the residents had presented a petition to the Council requesting removal of the berm and replacement of the blacktop. He thought this issue was resolved at that time. Ms. Simonsen told the gentlemen that the County is requiring removal of the berm by May 21 or they will initiate removal.

Roger Bok, 1012 Cato Drive, asked about recreational fires in City parks going all night long, asked what scale would be used to measure the aggregate from the Farmland site, suggested the City sell the aggregate by the yard rather than the ton, complained about estimating the loads, asked where the landfill scale is, complained about the resident at 1016 Cato Drive. The resident has cut down an apple tree and inspectors need to make him clean it up. The individual also has a tarp on his garage, needs to mow his yard and leaves his garbage can at the road. He also complained about being charged for the transcripts, illegal to add items to the agenda, the pre-agenda meeting being held in the multi-purpose room as an illegal meeting and the difficulty of having an intelligent conversation when people aren’t up to other people’s capabilities.

Councilor Marin moved, Councilor Brooks seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, May 24, 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 May 11, 2004.

 /S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor