Albert Lea, MN

June 28, 2004

Pastor Clayton Balsley, First Baptist Church, offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks, and Mayor Jean Eaton. Also present were City Attorney Steven Schwab, Public Works Director Steve Jahnke, Acting Council Secretary Allison Folie, and representatives from the Albert Lea Tribune and KATE Radio. Absent was City Manager Victoria Simonsen.

The Pledge of Allegiance was recited.

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MAY 10, 2004.

(b) LICENSES APPROVED:

ANNUAL LICENSE

CABARET

Jaxx Pub & Grub, 137 East Clark Street, Albert Lea

(c) RESOLUTION 04-147 ADOPTED – CLAIMS: Resolution 04-147 presents the financial claims of the City.

(See Secretary's Original Resolution 04-147 included with these minutes.)

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

Mayor Eaton opened a public hearing for the transfer of Bueno Management’s on-sale and Sunday intoxicating liquor licenses from Slammer’s (a/k/a Nite Moves), 137 East Clark Street, to Jaxx Pub & Grub, 137 East Clark Street. The necessary notice for this hearing was published on June 18, 2004. No one appeared to be heard.

Mayor Eaton closed the public hearing. Councilor Kron moved, Councilor Fjelstad seconded, that the transfer of Bueno Management’s on-sale and Sunday intoxicating liquor licenses from Slammer’s (a/k/a Nite Moves), 137 East Clark Street, to Jaxx Pub & Grub, 137 East Clark Street, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the transfer authorized.

Mayor Eaton stated that Mark Jones, on behalf of the Albert Lea Shrine Club, requested the closure of North Washington Avenue from West Fountain Street to Fountain Lake with the use of the City’s barricades on July 3, 2004. She further explained that the purpose of the request is to conduct the Annual Shrine Club Oasis Picnic held in the Episcopal Church parking lot during and following the parade.

Councilor Marin moved, Councilor Fjelstad seconded, that closure of North Washington Avenue for the Annual Shrine Club Oasis Picnic on July 3, 2004, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

Paul Stieler, Assistant Fire Chief, addressed the Council to provide background for the variance request at 1705 Brookside Drive. He explained that the property owners submitted a request to change the front yard from the north side of the lot to the east side of the lot along Brookside Drive. Mr. Stieler explained the City previously allowed property owners to choose the front yard. He stated that an ordinance change made it necessary for the narrowest side of a lot to be considered the front yard. The ordinance change prevents the current property owner from adding on to the existing structure.

Councilor Brooks asked if the neighbors are opposed to the variance. Mr. Stieler responded by stating there has been no opposition to the proposal.

Councilor Amundson moved, Councilor Fjelstad seconded, that Resolution 04-148, granting a variance to 1705 Brookside Drive, 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 04-148 included with these minutes.)

Mayor Eaton explained that the Council would like to discuss three (3) proposed changes to its Council procedures. The proposed changes include moving the Public Items section to the beginning of regular Council meetings, changing the location of Pre-Agenda meetings to Council Chambers, and allowing the public to speak at Pre-Agenda meetings. She explained that each proposed change will be discussed separately with the first issue to be dealt with being the movement of the Public Items section of the Agenda.

Councilor Marin spoke on behalf of moving the Public Items section to earlier in the meetings. He stated that he supports this change because he values the citizens’ time and effort in which they put forth to attend the meetings.

Councilor Marin moved, Councilor Erdman seconded, that Public Items be moved to earlier in the meetings. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Amundson, Fjelstad, and Brooks who voted nay. Mayor Eaton declared the motion carried and the procedure adopted.

Mayor Eaton stated that the second issue to be discussed regarding Council procedure is moving the location of Pre-Agenda meetings to Council Chambers.

Councilor Marin commented that he believes holding the Pre-Agenda meetings in the Council Chambers will eliminate the notion that there are back-room deals being made or things discussed in private.

Councilor Kron also expressed her approval for the change of location.

Councilor Fjelstad moved, Councilor Marin seconded, that Pre-Agenda meetings be held in Council Chambers. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the procedure adopted.

Mayor Eaton stated that the final matter to be discussed regarding Council procedure is the issue of allowing the public to speak at Pre-Agenda meetings.

City Attorney Schwab stated that allowing the public to speak at Pre-Agenda meetings is strictly a Council decision. He explained that the Council has not allowed public input at Pre-Agenda meetings in the past but further stated that there is nothing that would prevent the Council from changing the rules on this issue if they so desired. It was determined the public input at said meetings has not been allowed for at least the past 15 years.

Councilor Amundson clarified that the Council does not conduct any business at Pre-Agenda meetings. He stated that the sole purpose of such meetings is for Council discussion of background issues relating to the Agenda. He expressed his belief that public input should be restricted to the regular Council meetings so that other citizens can hear the input as well as the Council. He also stated that he believes the meetings are long enough and that they will be prolonged considerably if public input is allowed.

Councilor Kron stated that she agreed with Councilor Amundson’s comments.

Councilor Brooks added that he does not have a problem with the public attending Pre-Agenda meetings. He further stated, however, that he does not believe it would be beneficial for citizens to speak at said meetings since no decisions are made at that time.

Councilor Erdman expressed his belief that public input at Pre-Agenda meetings is another opportunity to gain consensus within the Council. He stated that he feels Pre-Agenda meetings provide an opportunity for the public to speak without being inhibited by the media. He further explained that allowing public input would give the staff more time to research a topic and thus be prepared to respond publicly at the regular Council meetings. Councilor Erdman reiterated the fact that there are no back-room deals taking place and that allowing public input would eliminate this theory. He repeated his belief that public input should be allowed and noted that he does not think many people will appear to speak anyway.

Councilor Fjelstad requested clarification on why Pre-Agenda guests were allowed to speak in the past. Mayor Eaton stated that Victoria Simonsen permitted the guests to speak because she felt the Council needed additional information on an issue.

Councilor Amundson stated that citizens should contact a staff member with their concerns and that the staff should then pass them on to the Council. He further stated that this procedure would be another way to eliminate the fears of those citizens who don’t feel comfortable addressing an audience.

Councilor Fjelstad stated that he believes citizens should be contacting their City Councilor to introduce concerns rather than City staff.

The difference between Pre-Agenda meetings and Council workshops was discussed.

Councilor Amundson reiterated his belief that he is not opposed to the public being in attendance at Pre-Agenda meetings but stated that he feels it would not be beneficial for citizen’s to speak at that time.

Councilor Marin moved, Councilor Fjelstad seconded, that public input be allowed at Pre-Agenda meetings. On roll call vote, Councilors Erdman and Marin and Mayor Eaton voted in favor of said motion. Councilors Amundson, Fjelstad, Kron, and Brooks voted nay. Mayor Eaton declared the motion failed and the procedural change denied.

Mayor Eaton announced that the issue relating to the demolition of the Hanson Building will be tabled to the next regular meeting of the Albert Lea City Council on July 12, 2004 due to the absence of City Manager Victoria Simonsen and also because proposals will be submitted by developers to the City on June 30, 2004.

Mayor Eaton explained that the City of Albert Lea currently carries over $141,000 of deferred assessments dating back to 1956. She explained that the majority of the deferred assessments are attached to parcels located outside of the city limits and thus remain uncollectible. She stated that the City’s auditors have recently questioned the necessity of the City to carry receivables that are so old. She stated that if the parcels are annexed into the City in the future, 10 ½ cents per square foot for water and sewer system assessments would still be charged to the property owner.

Councilor Fjelstad requested a list of the deferred assessments in question.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-149, cancelling deferred assessments, be approved. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Marin. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-149 included with these minutes.)

Public Works Director Steve Jahnke introduced Julie Carr from the Minnesota Department of Transportation, Freight and Commercial Vehicle Operations, who requested the opportunity to address the Council regarding the closure of the Washington Avenue railroad crossing.

Ms. Carr began by explaining that her job is to examine all of the at-grade railroad crossings in the state of Minnesota. She stated that there are approximately 4,600 at-grade public crossings in the state. She explained the different safety options available for railroad crossings. She acknowledged that the DOT has very limited federal funding and explained that the DOT receives approximately $4 million per year which only funds about 35 to 45 at-grade crossings.

Ms. Carr educated the Council on the federal accident prediction number. She explained that the DOT reviews every crossing with a number of .05 or above accident prediction. She talked about different aspects of railroad crossings and the necessary safety features. She specifically talked about the importance of clearing sight distance, which is how far down the track a person can see and how far down the track a person would need to see for the speed of train. She explained that the characteristics and the nature of the crossing in question increase the risk factor for accidents. She stated that the Washington Avenue crossing is including in the top five (5) most hazardous crossings in District 6, which encompasses the Rochester and Owatonna area. She commented that the community is ultimately responsible for public safety.

Councilor Kron asked how many feet there are from Washington to the curve of the railroad track. Ms. Carr stated that she did not have the figures with her but that she knew the number was far under the 965 feet required at the time table speed of 40 mph.

Ms. Carr went on to explain the incentives of closing the crossing which includes 100 percent funding on another project of the City’s choice. This would mean that the City of Albert Lea’s portion of the project on East Front Street could be funded with federal monies. This amount is estimated to be $15,000 to $17,500.

Councilor Kron stated that she believes the crossing is too dangerous to be kept open and explained that the closure would not affect many residents. She explained that emergency vehicles have other routes to choose from when responding to emergencies.

Councilor Marin inquired about whether the closing of the crossing would increase the speed of the trains. Ms. Carr responded by saying that train speeds will be increasing anyway because they are upgrading their track.

Councilor Kron asked about the type of barricade which would be used and it was determined that the community can choose between various options. She explained the options available to the City of Albert Lea which include using barricades, installing curb and gutter, and creating a cul-de-sac. Public Works Director Jahnke stated that he believed the Engineering Department would recommend the permanent barricade option along with advanced warning signage of ‘Road Closed Ahead’ because it is the least expensive option.

Discussion centered on the ability for semi-trailers to access the former Buy-N-Save building from the back if the crossing was closed. It was determined that semi-trailers would be able to access the building from a different direction.

Councilor Marin requested that the City Council consider a closure option that would be more in line with the Council’s beatification efforts rather than simply placing permanent barricades at the site. Mayor Eaton agreed that this should be considered.

Miles Pechacek, 324 East William Street, appeared before the Council in opposition to the closure. He stated that he utilizes Washington Avenue to drive to work when a train is blocking his normal route on Broadway Avenue. He expressed his concern that traffic would become more restricted with the closure of the Washington Avenue crossing.

Art Anderson, 2217 Margaretha, stated that he believes the trains should be slowing down when they go through Albert Lea. He also commented that parking is allowed on both sides of Jefferson thus making it impossible to have two (2) lanes of traffic.

Councilor Kron inquired about the current speed of the trains moving through town. Ms. Carr stated that the maximum time table speed is 40 mph through this area.

Councilor Marin stated that the public’s safety is his utmost concern. He believes that people do not respect trains like they should and it is the Council’s responsibility to do everything they can for the safety of its citizens.

Roger Bok, 1012 Cato Drive, appeared in favor of the closure. He stated that a cul-de-sac would be a good option for the Council to consider.

Councilor Brooks asked whether input was taken from the residents on Washington Avenue. Public Works Director Jahnke responded by stating that input has not been taken from the citizens in that area yet. Councilor Brooks then stated that although he believes it is a safety issue and the crossing should be closed, he also believes the residents should be given the opportunity to provide comments on the issue.

Councilor Fjelstad brought up the issue regarding the ability to maneuver trucks into the former Buy-N-Save parking lot once the crossing is closed. Public Works Director Jahnke stated that he believed the trucks would be able to gain access.

Councilor Kron moved, Councilor Erdman seconded, that Resolution 04-150, authorizing closure of the Washington Avenue railroad crossing, be approved. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Brooks. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-150 included with these minutes.)

Mayor Eaton explained that there have been multiple liquor law violations at Hot Shots Bar & Grill regarding the sale of alcohol to underage individuals. She stated that a recent incident involving alcohol being served to a minor has initiated the revocation process.

City Attorney Steve Schwab stated that the establishment in question had an underage sale earlier this year. The owner was advised at that time that if he had another violation within the next six (6) months the City of Albert Lea would commence the revocation process.

Councilor Amundson moved, Councilor Brooks seconded, that a hearing be called for July 12, 2004 regarding the revocation of Hot Shots Bar & Grill on-sale liquor licenses. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing called.

Public Works Director Jahnke explained a proposed project for overlaying two areas in town. The first section would comprise the area surrounding the YMCA. The second section would include the area south of 7^th Street, east of Trunk Highway 65 and north of South Shore Drive. He explained that the project would consist of fixing sagging curbs, replacing sidewalks that are in poor condition, and overlaying the roadway in the entire area. The estimated cost is $744,000 with $569,000 of that amount being assessable to the properties.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 04-151, receiving a report and calling a hearing on assessments for Job 0409 for July 26, 2004, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing called.

(See Secretary’s Original Resolution 04-151 included with these minutes.)

Mayor Eaton:

(1) Noted that the water tower located in the Home Depot area is now complete and that the lettering is correct.

(2) Congratulated the Festival of Bands organization and the many volunteers that helped run the event on Sunday, June 20, 2004.

(3) Stated that the Albert Lea Community Theater’s recent play, Oklahoma, was a big success.

(4) Declared that the Albert Lea Art Center’s Garden Tour was also a big success.

(5) Reminded citizens that Minnesota Public Radio will be featuring Albert Lea on Thursday, July 1, 2004 at the Lakeside Café & Creamery from 3:00 to 6:30 p.m.

(6) Wished everyone a Happy Fourth of July weekend and listed the following events: the ‘Doc’ Evans’ Jazz Festival, the July 3^rd parade, the tour of the new courthouse, and the July 4^th fireworks.

Second Ward, Councilor Erdman:

(1) Inquired about the length of time a person could place free items out on the boulevard. City Attorney Schwab stated it is up to the discretion of the Inspection Department but that he believes citizens are usually ticketed after the item is left out for more than a few days. Councilor Erdman noted that there is a couch sitting out at 802 Fountain and there are items that need to be removed at 717 Fountain.

(2) Asked about the removal of the billboard located on the south end of the Hanson Building property. City Attorney Schwab stated that he has been working with the billboard company on the removal of said structure. He explained that the company did not believe that the City of Albert Lea purchased the building so he has since sent them a copy of the Deed and is waiting for their response.

(3) Noted numerous weeds in the Hanson Building parking lot and junk in the alleyway that needs to be removed.

(4) Inquired about lowering the hanging flower baskets. Mayor Eaton stated that she met with Chief Sydnes who felt that lowering the baskets would not be a good idea as they would cover the parking signs in the area. Councilor Erdman requested that the growth problem be cured.

(5) Advised citizens of the parking ordinance relating to 12 hour parking.

Third Ward, Councilor Marin:

(1) Thanked city crews for repairing the Wedgewood railroad crossing.

(2) Thanked the Inspection Department for following up on all the calls passed on to City Manager Victoria Simonsen.

(3) Stated that the Albert Lea flags and the flowers downtown look fantastic.

(4) Declared that third ward has a problem with skunks. Councilor Marin stated that constituents are seeing the animals emerge from the lot behind the Shady Oaks high-rise building. He requested that said lot be mowed and something be done about the skunk problem before constituents attempt to handle the situation on their own.

(5) Requested removal of items on the open parking lot located across from Kwik Trip on Front Street.

(6) Wished citizens of Albert Lea a good Fourth of July.

Fifth Ward, Councilor Kron:

(1) Relayed a request from a resident at 206 College for the removal of a handicapped parking sign. She explained that the sign was originally put up for his wife who was going blind. The gentleman’s wife has since been taken to a rest home and he would now like the sign removed. Public Works Director Jahnke stated that he will take care of the request.

Sixth Ward, Councilor Brooks:

(1) Inquired about who will be paying for the re-work of the sidewalks on Frank Avenue. Public Works Director Jahnke explained that due to a dispute over the cause of the problems, the re-work is being funded by a combination of both the contractor’s who were in charge of the project and the City of Albert Lea.

(2) Requested that a center line be painted on Frank Avenue.

Mayor Eaton reminded citizens that the Albert Lea city logo flags are for sale to the public at the Constant Reader, Doyle’s Hallmarks, and Best Buy Paper.

Roger Bok, 1012 Cato Drive, clarified that he believes the public raises concerns to the Council, not complaints. Mr. Bok also expressed his belief that ‘back-room shenanigans’ are taking place regarding the Consent Agenda rules. He stated that he believes the City Manager should not be allowed to have items placed on the Agenda since she has no vote. Mr. Bok commented that he believed City Manager Simonsen is a very nice representative of the community. Mr. Bok then brought up the issue of parking problems. He also raised the issue of remitting the City’s water bills in Iowa. He inquired about why the City is paying for re-work on some sidewalks in town and expressed his belief that the Inspection Department could have prevented such problems. He also stated that methane gas has been leaking at the Wastewater Treatment plant for years.

Art Anderson, 2217 Margaretha, stated that semi-trailers are traveling all the way down Margaretha when there are signs posted stating they are not allowed. He explained that the road is no longer safe and that the semi-trailers are causing damage to the road.

Councilor Marin moved, Councilor Amundson 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 12, 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 June 29, 2004.

 /S/ Allison Folie                                                                  /S/ Jean Eaton                                                         

Acting Secretary of the Council                                        Mayor