Albert Lea, MN  

June 27, 2005

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, George Marin, John Severtson and Mayor Pro Tempore Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, and KAAL-TV.

The Pledge of Allegiance was recited.

Mayor Pro Tempore Brooks announced that he is requesting one addition to the Council agenda. Item 6c - an off-premises liquor license for a reunion at the City Arena on July 2, 2005 for Jaxx Pub & Grub, 137 East Clark.

Councilor Marin moved, Councilor Rasmussen seconded, that the addition be approved.

On roll call vote, all Councilors voted in favor of the motion. Mayor Pro Tem Brooks declared the motion carried and the addition authorized.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JUNE 13, 2005.

 

(b) LICENSES APPROVED:

TEMPORARY LICENSES

Off-Premises Liquor Sales

Aragon Bar, 130 West College, for a wedding dance at the Freeborn County Fairgrounds on July 9, 2005 

Aragon Bar, 130 West College, for a Chopper Bike Show at the City Arena on July 16 and 17, 2005

Jaxx Pub & Grub, 137 East Clark Street, for a reunion at the City Arena on July 2, 2005

(c) CALLING A PUBLIC HEARING FOR LIQUOR LICENSE TRANSFER: Calls for a public hearing on July 11, 2005 for the transfer of an on-sale intoxicating liquor license from J.K.D. LLC d/b/a Dillan’s, 2301 East Main Street, to Paty Thrond d/b/a Bombo’s Family Dining and Banquet Facility.

 

(d) RESOLUTION 05-121 ADOPTED – CLAIMS: Resolution 05-121 presents the financial claims of the City.

(See Secretary's Original Resolution

05-121 included with these minutes.)

Councilor Severtson 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.

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

• Concerns were expressed about the siren on South Shore Drive. Staff looked at this siren and found it was full of bugs. When the siren was cleaned out, it was tested and it worked. This appears to be a fairly temperamental siren and will need to be checked more frequently.

• The Courthouse siren is scheduled to be installed in the first part of July and Alliant will hook it up.

• A request was made to consider changes to snow plowing methods. This will be placed on a work session agenda in August or September.

• With regard to the complaint about 502 West William, the structure has been placarded and the owners were given until August 1 to clean up the property.

• A question was raised about the mayor’s ability to make motions and participate in discussion. There is no provision in City ordinances or State statutes which prohibit these actions by the mayor. It has been past practice that the mayor will not make motions because the mayor votes last and is considered the tie breaker.

• It was reported that a light in the parking lot was out. By the end of the meeting the light was back on.

• Standing water was reported in the ditch at 1117 South Shore Drive. The area is flat and the ditch drains slowly. Efforts have been made in the past to dig up the tile and fill the ditch with rock. This still resulted in slow draining. This ditch is under County control and the County would need to participate if the necessary correction, installing a new storm sewer system all the way to the lake, is done.

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

Maynard Erickson appeared before the Council in behalf of the Eagles Club. They will be holding their annual family picnic on July 17 and are requesting Council authorization to close St. Mary Avenue between Main and William for a portion of the day to permit safe crossing for children participating in games and other sponsored activities.

Councilor Erdman moved, Councilor Rasmussen seconded, that the request to close St. Mary Avenue, 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 the closure authorized.

Paul Overgaard, 1728 Bay Oaks Drive, a member of the Shellrock River Watershed District Board, told the Council that he was at the Capitol earlier today and attended a hearing of the tax conference committee regarding local option sales tax. He noted that Dorman and Sparks are doing a good job of keeping that option up for Albert Lea. There are four or five cities requesting this option and if they are approved, Albert Lea will be one of them. He explained that referendums for final approval are required at a general election. The City doesn’t have a general election scheduled until November 2006 meaning the funds would not be available until 2007. He requested the Council conduct a special election for this referendum.

Councilor Erdman asked whether the board would be willing to pay for a special election. Mr. Overgaard replied that he couldn’t speak for the board but that he was sure they would be willing to share the cost.

Councilor Erdman moved, Councilor Marin seconded, that a resolution allowing for a special election in November 2005, 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

05-122 included with these minutes.)

Curt Clarambeau, 1732 Bay Oaks Drive, spoke on behalf of the Bayside Ski Club. He explained that the club has decided to run the gas concession at the municipal beach parking lot. They have found that it is necessary to have a non-flammable power source and a level spot on which to place a permanent structure. They have found that new regulations have been adopted since 9-11 making it more difficult to transport fuel. They will need a permanent site for storage.

Paul Stieler, Interim Fire Chief, stated that he has talked with Gary Newton of Freeborn County Co-op Oil and they are proposing a 300 gallon tank in a concrete vault. They need explosion proof electricity to pump the gas.

City Manager Simonsen explained that the City normally doesn’t permit permanent structures on public right-of-way. She suggested that the club be permitted to use the area on a temporary basis until a location on private land is found.

Stieler noted that a certified pump will be required and felt that something could be worked out on a temporary basis.

Mr. Clarambeau stated that the club will have to purchase approximately $3000 work of equipment and that the club wouldn’t be interested if they are only permitted temporary use.

Councilor Rasmussen moved, Councilor Fjelstad seconded, that the request be tabled to the next meeting to permit time to come up with alternative solutions. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request tabled.

Mary Severtson, 1905 South Shore Drive, told the Council that the berm has been removed. She questioned whether the City has sold the road to Mr. Lembke as he is now planting grass on the roadway. City Engineer Jahnke responded that the City and County have agreed to let him use the road until such time as the road is needed again. He noted that the County has jurisdiction but the City maintains the road and the County is not requiring him to fix the road.

George Gillespie, 327 Lloyd Place, stated that he attended the County no smoking hearing. His family income is based on his employment in a bar. He noted that the coalition is a tax-exempt agency operating with monies from the Minnesota tax settlement. He suggested that the coalition is misusing the funds by paying for lobbyists testifying on behalf of the coalition all over the state which is in violation of the IRS code. He suggested that people call County Commissioners and voice their opinion on this activity.

Roger Bok, 1012 Cato Drive, stated that the charter says that the chair shall be impartial and shall not make or second a motion. City Attorney Schwab asked which section Mr. Bok was referring to and suggested that perhaps Mr. Bok doesn’t have a current charter.

Mr. Bok stated that the City Manager has never been sworn in. He also commented that the Council is not supposed to make decisions at workshops nor take public input. He suggested that the Charter also states that the Council must compel attendance at meetings and that it should require Councilor Marin’s attendance. He asked why there is a lake on Stevens Street at Prospect. He requested a stop sign at that intersection because people are not stopping. He commented that half of Town Hall Road is in the township and that the majority of the road is residential suggesting that the road should remain at 30 mph. He also stated that Highway 69 was to remain at 40 mph past the Pickerel Park complex. He requested answers about the code provisions regarding the raising of chickens. Mr. Schwab explained that a resident may have a poultry house located at least 50 feet from the nearest residence on an adjoining lot, that the keeping of not to exceed 25 birds or fowl is permitted and that the raising of fowl can be conducted as a business at least 150 feet from the closest residence until the area is built up as a residential district. Mr. Bok asked whether a state health inspector has looked at this residence. Mayor Pro Tem Brooks told Mr. Bok that his five minute time limit had expired. Mr. Bok then asked whether Hawthorne would be blacktopped. City Manager Simonsen responded that staff has chosen not to do that and that his five minutes were up.

Councilor Erdman noted that Council rules require individuals address the City Council as a body and are to refrain from attacking the City Council and staff.

Mayor Pro Tem Brooks opened a public hearing for the transfer of the on-sale intoxicating and Sunday on-sale intoxicating liquor licenses for Harold’s Bar from Harold’s of Albert Lea Inc. to Todd Haroldson. The necessary notice for this hearing was published on June 17, 2005.

No one appeared to be heard. Councilor Rasmussen moved, Councilor Severtson seconded, that the transfer of the liquor licenses be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Temp Brooks declared the motion carried and the transfer approved.

City Manager Simonsen reported that the Downtown Association is requesting permission to close portions of downtown streets on Thursday, July 21, 2005 for its annual Crazy Daze celebration. The request includes the closing of the intersection of Broadway and William Streets to allow for food vendors and entertainment to be located in the intersection. She noted that retail sales would be confined to sidewalks.

Councilor Severtson moved, Councilor Erdman seconded, that permission to close William Street from the alley behind Shoff Chiropractic to the alley behind Sterling Drug on July 21, 2005 for the Downtown Crazy Daze, 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.

Representatives of the Albert Lea Medical Center requested permission for a fireworks display on Saturday, September 17, at 10 p.m. as a part of the ALMC’s Centennial Celebration. The contract for the fireworks has been purchased from Melrose North Pyrotechnics which is the same company the City uses for the July 4 fireworks display. The fireworks would be discharged from the Municipal Beach.

Councilor Fjelstad moved, Councilor Marin seconded, that the request for permission to conduct a fireworks display 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 the City Clerk has received a petition from homeowners in the Oakwood Circle neighborhood requesting the Council consider a proposal to limit automobile traffic on the roadway known as Oakwood Drive. The purpose of the petition is to reduce through traffic to bicycle and pedestrian levels only to increase safety of the neighborhood. She noted that the petition includes signatures from 44 of the 47 property owners.

Councilor Erdman reported other requests from the neighborhood including a concern that the neighborhood has gotten younger and suggested watch for children signs, a stop sign at the base of Wedge, a request to replace steps up to the park and a request for a small pavilion or gazebo in the park.

Councilor Erdman moved, Councilor Severtson seconded, that the petition be accepted and that staff review the requests and come up with recommendations. 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 petition accepted.

City Manager Simonsen reported that the Chamber of Commerce is requesting permission to install a pop machine on the sidewalk just south of their 504 Bridge Avenue entrance. She noted that the location is entirely on public right-of-way and that the width of the sidewalk is probably not sufficient for a machine and a wheelchair. She also commented that the community is working on appearance and that allowing a pop machine on public right-of-way may be setting a precedent that the Council may not want to express.

Councilor Severtson moved, Councilor Rasmussen seconded, that the request to place a pop machine on public right-of-way be denied. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request denied.

Mayor Pro Tem Brooks opened a public hearing for Ordinance 93, 3d, an ordinance amending Chapter 74 of the City Code regarding landscape guidelines. The necessary notice for this hearing was published on June 17, 2005.

City Manager Simonsen reported that the Planning Commission held a public hearing on May 26, 2005 and voted unanimously to recommend the Council approve the amendment to the zoning ordinance to include the landscape guidelines. The general guidelines in the ordinance include that properties within commercial districts applying for a building permit will be required to meet guidelines that include a landscaping plan on not less than 20 percent of the site. Landscaping should include three dimensional elements and there shall be some buffer between parking areas and pedestrian areas.
The proposed amendments will be provided to persons seeking building permits requiring landscaping.

No one appeared to be heard.

On roll call vote, all Councilors voted in favor of Ordinance 93, 3d. Mayor Pro Tem Brooks declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

93, 3d included with these minutes.)

City Manager Simonsen reported that City Charter Section 2.07 Subd. 2 states that a vacancy in the Office of Mayor must be filled promptly by Council appointment for the remainder of the unexpired term. The members of the Council must determine the procedures they will follow in the appointment of a Mayor through December 31, 2006.

Councilor Fjelstad moved, Councilor Rasmussen seconded, that members of the community submit letters of interest to the City Manager by 5 p.m. July 7, and that a workshop meeting be scheduled after the agenda meeting on Thursday, July 7, to permit those individuals to provide a five minute presentation. He noted that the City Council retains the right to appoint a mayor from within the Council if it so chooses. The appointment would take place at the July 11 Council meeting.

Councilor Marin cited several changes that have occurred in the conduct of City business since he has been a Councilor. He urged his fellow Councilors to take their time with this decision. He suggested Councilor Fjelstad amend his motion to receive letters of interest until 5 p.m. on July 6 giving the manager time to formulate a report for the Council’s pre-agenda meeting on July 7. He also suggested the manager provide the Council will copies of the letters of interest. At the next pre-agenda meeting on July 21 the applicants be given five minutes each for an oral presentation. The Councilors could then work through these applicants to determine the top three for a second interview. Even with this process, the City should have a mayor sometime in August.

Councilor Erdman expressed his opinion that it is counterproductive to appoint someone from the community. He feels that the Councilors have a vision and should appoint from within, have a special election to replace the chosen Councilor and move on with City business. He does not support the appointment of a community member.

Roger Bok, 1012 Cato Drive, suggested the Council read the Charter. He believes the Charter states that every member has to finish out his term and noted that the Council runs the show not the mayor.

Councilor Fjelstad agreed to amend his motion to include the timeframe requested by Councilor Marin. Councilor Rasmussen agreed with the amendment. Councilor Fjelstad announced that he still wants the right to appoint from within if a qualified candidate is not found. Selecting a mayor from outside the Council will save the cost of a special election.

After additional Council discussion and on roll call vote, all Councilors voted in favor of the motion as amended. Mayor Pro Tem Brooks declared the motion carried and the procedure in place.

City Manager Simonsen stated that Diane Landaas has submitted her resignation from the Albert Lea Human Rights Commission dated June 7 and effective immediately. Ms. Landaas has served on the commission a number of years but due to her work schedule and other obligations she is unable to attend the meetings and participate fully.

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

City Manager Simonsen explained that she has met with Councilors Rasmussen and Severtson to review the final report of the scrap iron investigation. She provided a detailed description of the investigation. The final recommendation regarding the situation is that the City continue with the practice of handling its own scrap iron by having City employees haul directly to scrap iron dealers, produce a weight receipt and a check for the proceeds of the metal. Furthermore, it is the recommendation of the City manager that Mr. Oakland reimburse the City an additional $573 for half of the scrap iron sales received in 2004.

Councilor Rasmussen moved to accept the report pointing out that the staff has performed a very thorough investigation and no further investigation is necessary. Councilor Marin seconded the motion. 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 report accepted.

Roger Bok, 1012 Cato Drive, suggested the Council read Charter Section 2.10, regarding investigation of City officers. The Council never gave anyone the right to take any material from the City Garage.

Councilor Marin asked the public to keep the Council in their thoughts and prayers for guidance and wisdom and thanked Mayor Pro Tem Brooks for the excellent job.

City Manager Simonsen reported that the City of Albert Lea, in conjunction with Freeborn-Mower Cooperative Services, is the recipient of a $300,000 federal grant from the USDA Rural Business-Cooperative Service Rural Economic Development Loan and Grant Program. As a condition of the grant, Freeborn-Mower Cooperative Services is supplying an additional $60,000 in matching funds for the purpose of establishing a $360,000 Revolving Loan Fund to assist the area in its support of economic and business development. The $360,000 loan is payable over 10 years at 0% interest rate. The funds will help finance the construction of sewer and water infrastructure on East Main Street to the Government Acres residential area and Pro Manufacturing and Ernie’s Canvas. The cost of the project is $613,068.82. The $360,000 grant represents approximately 60% of this total. This resolution would apply the 0% interest rate to the project allowing the interest rate for the assessments of these property owners to be 2.4% instead of the current interest rate of 6%.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-123, setting USDA loan rates, 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

05-123 included with these minutes)

City Manager Simonsen announced that this resolution formally declares the intent of the City to reimburse costs associated with Job 0113 (East Main Street Water and Sewer Extension) from the proceeds of bonds to be issued by the City. The City reasonably expects to reimburse the expenditures from this project in an estimated maximum principal amount of $910,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other eligible expenditures for reimbursement under the Internal Revenue Service Reimbursement Regulations.

After Council discussion, Councilor Severtson moved, Councilor Rasmussen seconded, that Resolution 05-124, for the reimbursement of bonds, 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

05-124 included with these minutes)

Ms. Simonsen reported that this resolution authorizes the City Manager to submit a grant application to the Minnesota DNR Waters Section. The grant is being submitted in order to seek grant funding for the relocation of the Pearl Street lift station, replacement of the existing watermain, and reconstruction of the roadway from Newton Avenue to College Street. The lift station and roadway are currently in the 100-year floodplain. The estimated cost of this project is nearly $266,000. Of this amount, the City of Albert Lea would be donating nearly $35,000 of in-kind engineering services.

.

Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-125, authorizing application for flood damage reduction funds through the Minnesota Department of Natural Resources, 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 approved.

(See Secretary’s Original Resolution

05-125 included with these minutes.)

First Ward, Councilor Rasmussen:

(1) Has received concerns about the pumps by Hatch Bridge. He asked what is in place to take care of those pumps if they stop working. City Engineer Jahnke stated that initially the pumps were discharged into a manhole but have since been run to the lift station which has aback up pump. The residents have been made aware to watch for warning signs.

(2) Noted that the residents at the corner of Ridge Road and Willamor Road want a stop sign.

(3) Suggested the City start moving ahead with the Blazing Star Landing and arrange for presentations by interested groups.

(4) Questioned why individuals are permitted to speak during Council items.

(5) Wished everyone a great 4^th of July and thanked those responsible for putting this celebration together.

Second Ward, Councilor Erdman:

(1) Suggested the City look at paving a path on Oakwood Drive and asked how emergency vehicles would get back there.

(2) Has received complaints from some downtown businesses about the parking lot adjacent to the Lea Center Building. It appears that people are leaving Jaxx with drinks and bottles and are throwing them around that lot. He suggested giving them a call and asking them to clean up the lot. It was noted that it is illegal to leave a bar with glasses and bottles.

(3) Has received many favorable comments about Hatch Bridge and asked what kind of lighting and landscaping will be installed. He requested the response be in the form of a memo.

Fourth Ward, Councilor Fjelstad:

(1) Noted that the snow plow ruined some of the blacktop in front of 1108 Allan Drive. City Engineer Jahnke responded that this is scheduled for repair.

(2) Asked why the heavy equipment is going down Allan Drive instead of Eastgate to the Larryland Subdivision.

Fifth Ward, Councilor Severtson:

(1) Asked for an update on the Freeborn Bank Building. City Manager Simonsen stated that we have given Ladwig Co. a couple of weeks to get a presentation together for the Council. They have inquired as to what the Council wants, a 20-30 minute presentation at a Council meeting or at a workshop. She will work this presentation into one of the July meetings.

Sixth Ward, Councilor Brooks:

(1) Has received complaints about boat trailers and campers parking in residential areas.

(2) Noted he is still receiving calls about soccer in Memorial Park.

(3) Thanked Councilor Marin for his encouraging words.

(4) Thanked the City Manager and Councilors Rasmussen and Severtson for work on the scrap iron report. He noted that they did an excellent job.

(5) Apologized for permitting public comment during the scrap iron discussion.

 

Councilor Marin moved, Councilor Rasmussen seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, July 11, 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 27, 2005.

 /S/ Sandi Behrens                                                                         /S/ Al Brooks                                                          

Secretary of the Council                                                               Mayor Pro Tempore

Old City Council Minutes

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