Albert Lea, MN  

June 13, 2005

Reverend Reggie Klindworth, 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, Jeff Fjelstad, John Severtson and Mayor Pro Tempore Al Brooks. Absent was Councilor George Marin. 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, KAAL-TV, KIMT-TV and KTTC-TV.

The Pledge of Allegiance was recited.

Mayor Pro Tempore Brooks read a letter from Mayor Jean Eaton in which she submitted her resignation to the City Council dated Friday, June 10, 2005.

Councilor Fjelstad moved, Councilor Severtson seconded, that the resignation submitted by Mayor Jean Eaton dated June 10, 2005 be accepted and that the mayor’s seat be declared vacant. Mayor Pro Tem Brooks then asked City Attorney Schwab to explain the procedure required for replacement.

City Attorney Steve Schwab reported that City Charter Section 2.07 deals with vacancies in elective offices. He read Subdivision 2 which specifically deals with vacancies in the office of mayor. A vacancy in the office of mayor must be filled by council appointment and the mayor pro tempore acts as mayor until the appointment is made. He noted that initial reports that a special election would fill the vacancy were based on a second subdivision in City Charter Section 2.07 which requires an election for a vacancy if there is more than one year remaining until the date of the next regular municipal election. He recommended the City Council give this issue some thought before taking action.

After Council discussion and on roll call vote, all Councilors voted in favor of Resolution 05-102. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

05-102 included with these minutes.)

Councilor Fjelstad moved, Councilor Severtson seconded, that with Councilor Marin’s absence from this meeting, further action on this appointment be tabled to the next regular City Council meeting on June 27. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the item tabled to the next regular Council meeting.

Councilor Erdman urged public input on this issue.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MAY 23, 2005.

 

(b) LICENSES APPROVED:

                    TEMPORARY LICENSES

Off-Premises Liquor Sales

Jaxx Pub & Grub, 137 East Clark Street, for a wedding reception at the National Guard Armory on Sunday, June 18

 

Public Dance

Fabiola Gonzalez, 2500 Gene Avenue, for a dance at the Fairgrounds on June 18

from 9 p.m. to 1 a.m.

 

Joseph Hornberger and Erin Lorenzen, 121 Fifth Street SE, Glenville, for a wedding dance at the Fairgrounds on July 9 from 8 p.m. to 1 a.m.

(c) RESOLUTION 05-103 ADOPTED – APPROVING GAMBLING APPLICATION: Resolution 05-103 approves a Lawful Gambling Application for an Exempt Permit for the Evangelical Lutheran Good Samaritan Society for a raffle at the center on September 20.

(See Secretary's Original Resolution

05-103 included with these minutes.)

(d) RESOLUTION 05-104 ADOPTED – CLAIMS: Resolution 05-104 presents the financial claims of the City.

(See Secretary's Original Resolution

05-104 included with these minutes.)

Councilor Rasmussen moved, Councilor Erdman 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.

Mayor Pro Tem Brooks announced that he is requesting the addition of two items to the Council agenda. The first item will be item 5-F, request for mowing at the Habitat house on Pearl Street and the second item will be item 8-O, resolution authorizing a sub-grant agreement.

Councilor Severtson moved, Councilor Rasmussen seconded, that the additions outlined by the Mayor Pro Tem be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the additions accepted.

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

• Regarding the request for stenciling on Highway 65, this is scheduled to occur in the next week or two.

• With regard to the question about Marin’s absence from Council meetings and a feeling of causing a hindrance in Council activity, City Charter Section 2.08 addresses absence from Council meetings. The City Attorney has reviewed this issue and feels that Councilor Marin has not violated the City Charter.

• Pertaining to the statement that the City Manager has not been sworn in, it is the City Attorney’s opinion that this is not required by the City Charter.

• With regard to the request that the Council address the sludge issue again, this item may be further address pursuant to direction from the City Council to do so.

• As to the statement that three houses on Hawthorne Street are being flooded as a result of a cut to the tile, there is no storm sewer system in this area to collect water. A feasibility study was prepared for this project at a proposed cost of $17,000. The property owners were not willing to pay for this project. The feasibility report is available for review in the City Engineer’s Office.

• A question was raised as to why chickens and goats are allowed in the City. City Code Section 14.2 permits the raising of certain animals, with the exception of crowing roosters, under specific conditions. The Inspection Division will enforce complaints when reported.

• The outhouse near the Richway Drive boat landing has been moved back.

• City Code Section 74-1002 prohibits the placement of signs in public right-of-way and on power poles.

• A report of illegal parking around the medical center property was received. The Police Department is attempting to increase enforcement efforts in this area. She reported that enforcement will be done on a complaint basis.

• A request was made to send a letter of congratulations to Worth County for receiving a license for the Diamond Joe Worth Casino. This letter has been sent.

• A request was made to place dog clean-up bags at Bancroft Bay Park. She explained that it costs $250 to install these units plus the cost to maintain them.

• A question was raised whether it is permissible to drive golf carts on City streets. Ms. Simonsen explained that state law permits this and if the Council chooses to approve this, it needs to designate which streets, determine an insurance requirement and whether a permit fee should be charged.

• A request was made to set fountain timers to run between 7 a.m. and 11 p.m. The timers have been reset. She noted that the City pays a utility bill of approximately $1000 per month for these fountains and increasing the time will increase that cost.

• A resident on Stevens Street asked about utility fees for his property. If that individual will call the Utility Department, the staff will be happy to discuss this issue.

• Complaints about long grass and garbage in the driveway on properties at 611 and 501 8^th Street and 621 East 7th Street were noted. Letters have been sent to these property owners.

• Street Department crews have repaired the stop sign at 7^th and St. Joseph.

• Regarding complaints received about soccer games at Memorial Park, the City has been in contact with the School District and is looking at a more suitable location. The play will continue for a few hours on Sundays at present. Staff is also talking with ThorneCrest regarding the possibility of using its parking lot to get cars off the street. A liaison has been assigned to monitor the group and talk to the participants if necessary.

Mayor Pro Tem Brooks stated the rules for addressing the City Council.

Roger Bok, 1012 Cato Drive, asked how many warning sirens are not working. Interim Fire Chief Stieler responded that just one on South Shore Drive is not working. He believes that there is a loose circuit and noted that the last time it was tested it worked. Bok asked about the rule on chickens in the City Limits. City Attorney Schwab read the requirements listed in the City Code. With regard to Marin’s absence, he stated that the City Charter requires he be compelled to attend Council meetings. He asked why concrete trucks are continuing to be washed out on East Hawthorne. He suggested Hawthorne be blacktopped.

Ruth Paczkowski, 504 West William, commended the City Council for its recent action. She suggested looking for an honest person to serve the remainder of the mayor’s term.

Earl Christensen, 1008 Elmhill Drive, suggested the Council consider changes to the snow plowing policy. He suggested odd/even plowing.

Glen McDaniel, 701 Garfield, asked what happens in neighborhoods in an odd/even parking requirement when parking is limited to one side of the street.

Ms. Simonsen noted that the City has reviewed its snow plowing policy over the years and that if the Council chooses to reconsider this policy it can be added to a work session agenda.

Keith Register, rural Albert Lea, asked if the City has a set fee for towing vehicles. Lt. Bartusek stated that the Police Department calls Allen’s Tow & Travel when towing is required due to the fact that they have an impound lot. Register then stated that his car was towed without notifying him. He also noted that storm water on his son’s property at 1503 Frank Hall Drive was angled onto his property which caused a gully. Councilor Brooks took care of the problem.

Art Anderson, 2217 Margaretha Avenue, asked when repairs will be made to Margaretha Avenue. City Engineer Jahnke replied that this is a state aid project and is scheduled to be done in 2007.

City Attorney Schwab replied to Bok’s questions on property boundary restrictions for the keeping of fowl and small animals. Mr. Bok had stated the restrictions for keeping chickens is 150 feet from adjacent property and Mr. Schwab explained that the 150 foot requirement is for persons conducting a business with the raising of small animals and fowl and that the restriction for persons keeping chickens for personal reasons is actually 50 feet from adjacent property.

Mayor Pro Tem Brooks opened a public hearing to consider a modification of a JOBZ subzone application. The necessary notice for this hearing was published on May 29, 2005.

City Manager Simonsen explained that this is a public hearing to receive input regarding a JOBZ boundary modification for Bridon Cordage, LLC. The property to be included in the boundary modification is located at 2202 Myers Road, Albert Lea. The proposed modification consists of acres that were not among those requested in the JOBZ application, and can be accomplished via an acreage swap. The donating property consists of reducing the easterly 15,000 square feet from parcel #34.294.0300 (subzone 9-G) and donating that acreage to subzone 9-R which is a developed area with full municipal services, public street access and gas and electric utilities. Subzone 9-R is zoned I-1 Limited Industrial District which conforms to the company’s use of the premises.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-105, approving the modification to the JOBZ Sub-Zone Application 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

05-105 included with these minutes.)

Mayor Pro Tem Brooks opened a public hearing for the authorization of JOBZ tax exemptions to the Bridon Cordage project. The necessary notice for this hearing was published on May 29, 2005.

Ed Tschida, the City’s TIF and JOBZ consultant, told the City Council that Bridon Cordage meets all requirements for this exemption. They are adding a manufacturing business for the purpose of recycling polypropylene. They are planning for nine new jobs at $15 to $17 per hour. Mr. Tschida responded to Council questions about obtaining the product and provisions for tax exemptions. He noted that the Port Authority audits all businesses in the JOBZ program annually to assure compliance with all requirements. None of Bridon Cordage’s existing operation is included in this project. Ms. Simonsen added that the Port Authority Board of Directors unanimously approved this project consisting of .34 acres.

Councilor Rasmussen moved, Councilor Erdman seconded, that Resolution 05-106, authorizing JOBZ tax exemptions to the Bridon Cordage project, be approved.

Quincy Borland, 1909 Bridge, suggested that the salary figures quoted are inaccurate. He stated that he has talked to people hired under this program and the salaries are less than amounts quoted. Councilor Severtson noted his understanding that these will be union jobs.

Mr. Tschida stated that the businesses are subject to an audit annually including payroll. If a company in the program is paying less than the wage stated, action would be taken against that business and they would lose their JOBZ status.

Paul Sparks, Executive Director of the Albert Lea Economic Development Agency, stated that if fraud is involved in any of the JOBZ approved projects, that there are provisions for clawback. If at the end of two years a business is not meeting the requirements, they would be required to pay back any exemptions given them.

Mr. Borland then asked if anyone had contacted either Mr. Tschida or Mr. Sparks about this issue. Mr. Tschida noted that he has not been contacted. Mr. Sparks commented that he had received one complaint and that the business in question may or may not have met the criteria. If the business doesn’t meet the criteria after the two-year time limit, action will be taken to remove them from the program.

Mr. Tschida stated that each business participating in the JOBZ program has been specifically informed that it is crucial they be honest and truthful on their application. It is suggested that they be very conservative in their estimates as they will be held to the information provided on the application. If the company doesn’t meet the requirements, and fraud is suspected, they will be required to repay any benefit received.

David Shoff, 803 East Richway Drive, commented that he was under the impression that protection is in place for local companies that they will double their workforce. He noted that Bridon will not be doubling its workforce. He also noted that initially the plan was to require 50 new employees and this has been reduced to 10 and now this project is nine new employees. He suggested that the Council is squandering prospects by awarding exemptions to local companies. He suggested the Council look outside of Albert Lea for prospects. He also questioned the number of new jobs reported in the financial report as opposed to what has been reported to the State.

Mr. Sparks stated that modifications have been made to the Albert Lea business subsidy plan. The State has no minimum requirements for jobs created. The Port Authority came up with the number 10 unless the pay is one and one-half times the standard. He also noted that double employment refers to the number of jobs in a new facility not a current function. The intent of the program is to create jobs in the community. He stated that the Port Authority will continue to push this program to any interested businesses. The City may not get an applicant for 150 to 175 jobs before the program expires. He also reiterated Mr. Tschida’s comment that the applicants are warned not to overestimate the number of jobs created. He noted that Albert Lea Select Foods will have more employees than they anticipated. When they add up the number of new jobs and prospective jobs they are coming in over 500.

Ms. Simonsen noted that the medical center has added 100 to 125 jobs and that they are not in the JOBZ program.

Councilor Erdman noted that Larson Doors is a company in the JOBZ program and that they have increased from 25 jobs to 63 jobs and with their acquisition of Pella Windows they plan to increase that number to 78 jobs. He also commented that 30 semis are coming into this company on a daily basis adding to the local economy.

Councilor Erdman suggested that the Council may want to consider a change in its rules relating to public items because we have a few individuals who like to monopolize our public items. He noted a Mason City rule that if you talk on a subject, you can’t talk on another subject for 30 days. We are not allowing input from others in the community and it isn’t fair that individuals get up and make a statement without validity. It is the Council’s job to get the facts out to the public. Not distorted facts, the actual facts.

After additional discussion and 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

05-106 included with these minutes.)

David Wentzel, 118 Ridge Road, explained that he is a member of The Meth=Death Community Impact Project Committee. The group is requesting permission to install a temporary 4 foot by 8 foot sign on the corner of Garfield and East Main for a four to six week period. After that time period, it will be transferred to other locations in the community.

Councilor Rasmussen moved, Councilor Fjelstad seconded, that the request to place the sign as requested, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and permission granted.

City Manager Victoria Simonsen explained that Mike Larson, President of the Albert Lea Economic Development Agency, is requesting reconsideration of the fees charged to the Albert Lea Port Authority for accounting services by the City of Albert Lea. The Port Authority is currently charged $600/month for accounting services. The Port Authority Board of Directors is requesting that these services be provided as in-kind service to aid the Authority in carrying out its economic mission. She reported that the City has been very generous to the Port Authority and commented that since 1987, the City has contributed $4,662,000 in in-kind donations including subsidies, land and building donations, etc. She noted that City departments are charged for accounting services based on the department’s budget.

Councilor Fjelstad moved, Councilor Erdman seconded, that the request to waive the Port Authority’s accounting fees be approved.

After Council discussion and on roll call vote, Councilors Rasmussen and Fjelstad voted in favor of the motion with Councilors Erdman, Severtson and Mayor Pro Tem Brooks voting nay. Mayor Pro Tem Brooks declared the motion failed and the request denied.

City Manager Simonsen reported that the Albert Lea Art Center is requesting permission to use New Denmark Park for their annual Art in the Park event on Saturday, August 27, 2005 from 8 a.m. until 5 p.m. The request also includes the use of electricity and to have "No Parking" signs covered along Ruble and Albert Lea Streets during the show.

Councilor Erdman moved, Councilor Fjelstad seconded, that the request to use New Denmark Park for the Art in the Park event be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the use approved.

City Manager Simonsen explained that members of the community and City Staff have met to finalize plans for the purchase and installation of a fueling dock to be located near the parking lot by the city skate park. The dock will allow for temporary fueling facilities to be located there, with members of the Bayside Ski Club contracting for fuel and concessions at that location throughout the summer months. Exact times of service have not been determined, but initially weekend afternoons and evenings will be their primary focus. The City would allow for the use of the parking lot for the fueling vehicle and the acceptance of the dock to be insured by the City.

Councilor Rasmussen moved, Councilor Severtson seconded, that the request of the Bayside Ski Club for use of the beach parking lot be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request approved.

City Manager Simonsen reported that Mr. Herb Andersen is requesting permission to post a "Lake Lutefisk" sign on the fence surrounding the storm water detention pond at Chapeau Heights. Several residents of the neighborhood have made the sign and feel it is humorous and appropriate in regards its location next to the Sons of Norway and the sometimes stagnant water that is created by storm detention facilities.

After Council discussion, Councilor Severtson moved, Councilor Erdman seconded, that the request to post the "Lake Lutefisk" sign be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request approved.

City Manager Simonsen stated that Habitat for Humanity is requesting that City staff mow its vacant lot on Pearl Street until such time as the home is constructed and occupied. The City has been mowing the lot along with adjacent City property.

Councilor Severtson moved, Councilor Erdman seconded, that the request be granted.

After Council discussion and on roll call vote, all Councilors voted in favor of the motion to mow the Habitat for Humanity property at 237 South Pearl be approved. Mayor Pro Tem Brooks declared the motion carried and the request approved.

City Manager Simonsen explained that on May 26, 2005, the Planning Commission held its regular meeting to review the preliminary plat for Tiger Hills Development. The preliminary plat was prepared by Jones, Haugh & Smith and received approval by the Planning Commission with the conditions outlined in the resolution.

Greg Moen, a developer of the Tiger Hills Subdivision, explained that they have addressed all ten conditions recommended by the Planning Commission. He noted that some discussion has occurred regarding the layout of the park area and the access street going to the east. Ms. Simonsen noted that these issues may be addressed in the final plat recommendations.

Councilor Severtson moved, Councilor Erdman seconded, that the Tiger Hills preliminary plat be approved.

After Council discussion, and 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

05-107 included with these minutes.)

City Manager Simonsen reported that The Albert Lea Economic Development Agency Board of Directors heard an audit report from Mr. Darwin Viker at their June 1, 2005 meeting. This motion would accept the Port Authority audit as recommended and approved by the ALEDA Board of Directors.

Councilor Severtson moved, Councilor Rasmussen seconded, that the Port Authority audit be accepted. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the report accepted.

Councilor Rasmussen reported that staff is continuing to look at the scrap iron issue and he suggested the Council wait for due process to take place. No action was taken on this update.

Ms. Simonsen noted that members of the Landscape and Design Subcommittee of the Planning Commission and members of the Albert Lea Area Listens Appearance and Attitude Committee have been meeting to discuss guidelines for landscaping in the City of Albert Lea. The Planning Commission held a public hearing on May 26, 2005 to receive input from the public. The general guidelines in the ordinance include that properties within commercial districts who apply for a building permit will be required to meet guidelines that include a landscaping plan on not less than 20% of the site. Landscaping should include three dimensional elements, and there shall be some buffer between parking areas and pedestrian areas. The City Council has received proposed amendments in detail and persons seeking building permits requiring landscaping will be given a copy.

After Council discussion, Councilor Erdman introduced Ordinance 93, 3d. Ordinance 93, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance

93, 3d included with these minutes.)

Ms. Simonsen reported that Accessible Space, Inc. (ASI) has submitted an application for funding under the Section 202 Program of the Department of Housing & Urban Development. As part of this application, the City of Albert Lea would provide the contribution of a city-owned parcel of land for $1.00 if the requested federal funds for this development are reserved by January 1, 2006. The City now owns a vacant parcel of land located on Eberhardt Street between St. Peter Avenue and David Avenue, south of Southeast Marshall Street. The property was part of an acquisition and clearance project that removed substandard homes. The site is approximately 2.67 acres and is zoned R-2 (one to four family district).

Dan Billmark, Director for ASI appeared before the Council to answer any questions about the proposal. He explained that ASI is a Minnesota non-profit organization that provides assessable, affordable housing to very low income adults with qualifying disabilities and very low income seniors age 62 and older. They are proposing a 24-unit apartment building that will provide affordable, HUD subsidized housing.

Jon Ford, Executive Director of the Albert Lea Housing and Redevelopment Authority, told the Council that he has reviewed the plan and is satisfied with a need for this project.

Ms. Simonsen noted that this resolution would authorize the City Manager to negotiate and enter into an exclusive option agreement with ASI to purchase the property by June 30, 2006 for the price of $1.00, conditioned only upon ASI receipt of a HUD fund reservation by January 1, 2006.

.

Councilor Severtson moved, Councilor Erdman seconded, that the contract with ASI be approved.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution approved.

(See Secretary’s Original Resolution

05-108 included with these minutes.)

City Manager Simonsen explained that the City Council has received a Preliminary Remedial Alternatives Screening for Site Use Planning—Former Farmland Site Report. The report presents potential remedial alternatives based on assumed future site uses for the former Farmland Foods site (Blazing Star Landing). The report presents potential additional site investigation work that could be required; remedial alternatives that were selected for the site; and details and costs for application of the selected alternatives. The report conclusions and recommendations are also presented.

Short, Elliott, Hendrickson, Inc. (SEH) has notified the City that the cost for completion of the Phase II Investigation will exceed their initial cost estimate that was presented in January, 2004. Additional investigation work resulted in costs of $11,800 and additional reporting tasks resulted in a cost of $3,000. The costs exceeded initial estimates as a result of changes in the work scope. The scope of work and costs were modified as the investigation proceeded and additional information for obtained. They anticipate the total project costs will be approximately $141,900.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-109, authorizing SEH Phase II costs be approved.

After Council discussion and 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

05-109 included with these minutes.)

City Manager Simonsen reported that as follow-up to the Council’s discussion on May 27^th, City staff is recommending the approval of mosquito spraying and larviciding for the City of Albert Lea for the summer months 2005. According to a recent telephone poll, over 500 citizens responded, with the majority indicating that they are in favor of spraying and larviciding throughout our community. The City would recoup the expenses of this service through a monthly surcharge to be added to utility bills over the summer months. It is further recommended that the City contract this service for one more season to enable it to be initiated quickly and to budget the expense for 2006. She suggested the Council consider purchasing an additional sprayer and supplies and do the spraying ourselves.

Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-110, authorizing the City Manager to obtain quotes for spraying and larviciding this year.

Tony Trow, 522 Park Avenue, asked whether the City has been able to locate any aerial spraying contractors. Ms. Simonsen reported that the airport manager has been unable to locate anyone.

After Council discussion and 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

05-110 included with these minutes.)

City Manager Simonsen reported that this resolution authorizes an agreement between School District #241, Community Education, and the City of Albert Lea to provide a gender-fair athletic program for 7^th & 8^th grade students for the 2005-2006 school year known as the Youth First Athletic Program. The agreement also identifies cooperation in the extension of facilities and services to provide the programming. The proposed operating budget of the program is approximately $14,000 per entity.

Councilor Rasmussen moved, Councilor Fjelstad seconded, that Resolution 05-111, approving the Youth First 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

05-111 included with these minutes.)

City Manager Simonsen stated that the City of Albert Lea’s Heritage Preservation Commission is the certified local government and authority charged with the administration of the Historic District. The Commission is responsible to preserve and enhance the historic character of designated areas, including design review of building projects and to establish design guidelines for restoration, renovation or rehabilitation of properties within the capitalized district. This resolution adopts regulatory policy for renovation and changes within the Historic District as unanimously approved at the May 19^th, 2005 Heritage Preservation Commission meeting.

Councilor Erdman moved, Councilor Severtson seconded, that Resolution 05-112, adopting the Heritage Preservation Commission regulatory policy, 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

05-112 included with these minutes.)

City Manager Simonsen explained that Jon Ford, Executive Director of the Albert Lea Housing and Redevelopment Authority met with officials from the County, City, and Economic Development Agency to discuss the need for a Housing Study/Housing Market Analysis. The study would analyze the housing market and identify local housing needs including an inventory of the housing market with specific recommendations. The HRA is requesting participation by the County, City and EDA to fund the project.

Jon Ford appeared before the Council. He is specifically requesting an initial donation of $5,000 from the City and $5000 from the EDA with the County funding the balance of $25,000 all of which would be paid back through a $50,000 HRA tax levy in 2006.

Councilor Rasmussen moved, Councilor Erdman seconded, that Resolution 05-113, authorizing participation in a county-wide housing study and a donation of $5000, 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

05-113 included with these minutes.)

City Manager Simonsen reported that Strong Insurance Agency has acted as the City’s Agent of Record for many years. The City is required to appoint a City’s Agent of Record to represent the City on insurance matters. This resolution would set a fixed commission of $12,000 for handling our insurance policies from July 1^st, 2005 through June 30^th, 2006.

Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-114, naming Strong Agency as the City’s agent of record for insurance matters, be approved.

Councilor Rasmussen suggested that the City look at bidding this item next year.

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

05-114 included with these minutes.)

City Manager Simonsen explained that this resolution declares that the City of Albert Lea declines to waive the monetary limits on municipal tort liability established by Minnesota Statute. The law allows us to waive the limits, but requires a higher limit liability coverage at a higher cost to the City for insurance. The law also requires the City to declare our intent to maintain the statutory limits as declared by this resolution.

Councilor Fjelstad moved, Councilor Rasmussen seconded, that the City not waive monetary limits on tort liability. 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

05-115 included with these minutes.)

City Manager Simonsen noted that on July 11, 1994 the City created Tax Increment Financing District 5-5. The entire increment for this district, known as Bridgeport Third Subdivision, has been received, and the City is required to decertify the district prior to July 11, 2005.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-116, decertifying Tax Increment Finance District 5-5, 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

05-116 included with these minutes.)

City Manager Simonsen reported that this resolution waives an uncollectible assessment in the amount of $4,171.13 for property formerly owned by Edward V. Williamson at 726 St. Peter Avenue (Parcel #34-180-5920) for the cost of demolition of the house. The property is currently held by the State as unclaimed property. The County included it in the tax forfeiture sale property last year with the assessments still in place, and was unable to sell it. This resolution would waive assessments on this property as they will be more than likely uncollectible.

Councilor Fjelstad moved, Councilor Severtson seconded, that the uncollectible assessment be waived. 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

05-117 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes the Finance Director to use electronic or wire transfers (in accordance with Minnesota State Statute 471.381) to make payments for items including federal and state payroll taxes, PERA contributions, and purchase of investments.

The resolution further authorizes city department heads to use city credit cards in accordance with Minnesota State Statute 471.382.The credit cards shall be used at the discretion of the department head and under the supervision of the Finance Department subject to the City’s standard purchasing policies.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-118, authorizing use of the City credit card and electronic/wire transfers, 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

05-118 included with these minutes.)

City Manager Simonsen noted that staff has been informed that three properties within the city limits are included in the auditor’s classification listing on non-conservation land forfeited to the State of Minnesota for nonpayment of property taxes. She added that the properties are located at 418 Euclid Avenue, 1423 Academy Avenue and 954 Third Avenue South. The County Auditor requires City Council action to accept or decline the opportunity to purchase these properties. City staff recommends declining the offer to acquire the properties, and that the County Auditor reinstate any delinquent assessments on the properties.

Councilor Severtson moved, Councilor Fjelstad seconded, that a resolution declining acquisition of tax forfeited properties included on the classification listing, 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

05-119 included with these minutes.)

City Manager Simonsen explained that this resolution gives the City Manager authority to enter into a sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Hazard Mitigation Grant Program for Presidential disaster declaration FEMA 1569-DR-MN. She noted that the staff found out today that some FEMA monies may be available in regard to our mitigation efforts after the flood that they previously did not think were available. They require that we enter into a sub-grant agreement with them before they will even consider the City as a recipient of those additional funds.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-120, authorizing the City Manager to execute a sub-grant agreement and any amendments necessary to implement a project on behalf of the City, 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

05-120 included with these minutes.)

Second Ward, Councilor Erdman:

(1) Thanked the staff for getting the street light repaired on Abbott Street.

(2) Received another complaint on the house at 502 West William. Interim Fire Chief Stieler is taking care of that.

(3) Asked the City Attorney if the Mayor can make motions and participate in discussion. When the Council is shorthanded, it makes the meeting move along faster. He requested a written response.

(4) Thanked Mayor Eaton for all the good things she did for the City.

Fifth Ward, Councilor Severtson:

(1) Reported that Ryan’s Auto Sales at Garfield and Eberhardt sometimes park vehicles on Eberhardt approaching Garfield which blocks vision.

(2) Reported that there are numerous vehicles parking behind the former Total Lock building on Broadway at Third Street.

(3) Reported that the light is out in the parking lot.

Sixth Ward, Councilor Brooks:

(1) Reported that the resident at 1117 South Shore continues to experience ditch problems.

(2) Continues to receive complaints about the Memorial Park soccer games.

(3) Thanked the clerk, manager and fellow Councilors for patience tonight.

Councilor Rasmussen moved, Councilor Severtson seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, June 27, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the meeting adjourned.

Filed and attested June 14, 2005.

 /S/ Sandi Behrens                                                                         /S/ Al Brooks                                                          

Secretary of the Council                                                               Mayor Pro Tempore

Old City Council Minutes

Back the the City of Albert Lea Page