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Albert Lea, MN July 11, 2005
Reverend Marcia Hall 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.
ROLL CALL
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.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JUNE 27, 2005.
(b) LICENSES APPROVED:
ANNUAL LICENSES
Cabaret
Bombo’s Family Dining and Banquet Facility, 2301 East Main Street
Fireworks
Hy-Vee, 2708 North Bridge Avenue
(c) CALLING A PUBLIC HEARING FOR NEW LIQUOR LICENSE: Calls for a public hearing on July 25, 2005 for the issuance of an on-sale intoxicating liquor license and Sunday on-sale intoxicating liquor license for CC Restaurants LLC (Carl Cochlin)
(d) RESOLUTION 05-126 ADOPTED – CLAIMS: Resolution 05-126 presents the financial claims of the City.
(See Secretary's Original Resolution 05-126 included with these minutes.) Councilor Marin moved, Councilor Severtson 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.
FOLLOW-UP TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
PUBLIC ITEMS
Mayor Pro Tem Brooks stated the rules for addressing the City Council.
Roger Bok, 1012 Cato Drive, told Mayor Pro Tem Brooks that he could address Councilors individually as they are elected individually. He noted that the Highway 69 speed limit was discussed by the Council when the housing project was annexed. The individual living on Stevens Street at the Prospect Avenue intersection says that cars don’t stop on Prospect and they are, in fact, traveling faster. Mr. Bok also complained about thistles in the City Arena area and along the Blazing Star Landing property. There is a guy on the end of Frank Hall Drive with a hayfield. He watched the sprayer come down East main and it seems that the weeds are growing better after spraying. The striping on the highways has not been done. He suggested that the trees at the intersection of South Broadway and Seventh Street should be taken out. He also suggested that a sign be placed that vehicles should not stop on the railroad tracks.
Mike Murtaugh, 313 Willamor Road, expressed appreciation for denying the stop sign at Willamor and Ridge. He also noted that he is glad that a list of criteria for requesting traffic control is being developed. He suggested that the City consider installing fixtures on the bridge which directs the light downward. He commented that all of the candidates for the remaining mayor’s term are all fine people and announced his support for Coke Minehart.
Tony Trow, 522 Park Avenue, commented that the lights around Lakeview Boulevard shine into the houses and cast such a glare that they prevent the residents from seeing the lake. He suggested the City consider using fixtures with downcast lighting on the bridge and consider changing the lights around the lake to the same. He also reported that there is a lift sitting on City right-of-way at Dock Space 33 on North Shore Drive.
Glen McDaniel, 701 Garfield, complained about bushes along East Main between Garfield and Marshall and thistles at the landscaper’s property at the East Main intersection with Marshall.
John Reid, 808 Ulstad, requested an update on his previously expressed concerns. He also questioned the cost to repair the City’s mosquito sprayer and how the spraying company can afford to travel to Albert Lea. He hasn’t noticed any difference since they began spraying and wondered when they spray. He has noticed the lack of bees around his vegetable garden. He commented that the City used to have its own tree trimming crew and now has no equipment to trim high boulevard trees. A limb from a boulevard tree fell on power lines knocking out power to his home until June 20. He commented that Roger Solberg is an outstanding employee but needs more money to purchase appropriate equipment. He complained about the people who place items on the boulevard for give away. He asked what the requirements are to run for City office and noted that one of our current Councilors doesn’t live in the City limits. City Attorney Schwab read the requirement in the City Charter requiring that the candidate must reside in their ward. Councilor Marin suggested that each Councilor announce their name and address which they did.
City Manager Simonsen explained that the mosquito spraying is occurring on Saturday nights at dusk, and in case of rain, it is put off until Sunday.
TRANSFER OF ON-SALE LIQUOR LICENSE APPROVED – PUBLIC HEARING
Mayor Pro Tem Brooks announced a public hearing for the transfer of the on-sale intoxicating liquor license from JKD LLC to Paty Thrond d/b/a Bombo’s Family Dining and Banquet Facility, 2301 East Main Street. The necessary notice for this hearing was published on June 30, 2005.
No one appeared to be heard. Councilor Erdman moved, Councilor Rasmussen seconded, that the transfer of the on-sale liquor license be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the transfer approved.
NEIGHBORHOOD SAFETY NIGHT APPROVED
City Manager Simonsen explained that Jim Glaser and Police Office Jim Stark are interested in hosting a neighborhood safety night on Monday, August 1 from 6 p.m. to 9 p.m. on Edina Avenue with barricades at Eighth Street and Tenth Street. This will be a block party with food and no alcohol.
Mayor Pro Tem Brooks noted that he has talked to these people and that they are excited to meet their neighbors and talk with the Police Department. They invited the City Council to attend.
Councilor Severtson moved, Councilor Marin seconded, that the neighborhood safety night be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the event approved.
OAKWOOD DRIVE PETITION DENIED
City Manager Simonsen reported that the City Council received a formal petition from homeowners in the Oakwood Circle neighborhood requesting consideration of a proposal to limit automobile traffic on the roadway known as Oakwood Drive. The intent of the petition is to reduce through traffic to bicycle and pedestrian levels only to increase neighborhood safety. The staff has reviewed the request and is recommending denial as the action would privatize public lakeshore, a similar request from Shoreland Heights was denied and there are no reported fatalities or safety concerns on the roadway. She also noted that the roadway is closed in the wintertime, there is an eight-inch sewer main running under the road, the fact that it would create a dead end situation that is undesirable to the Street, Fire and Police Departments, and this roadway is not a part of a long range plan for pedestrian/bike paths. She also commented that the staff is in agreement that a “children playing” sign could be installed and that the steps to the park were replaced with a concrete ramp four years ago when the park upgrade occurred. There are no plans to replace the ramp wit stairs in the near future.
Jeff Cookle, 1524 Oakwood Drive, reported that they are noticing a number of cars coming off of Lakeview onto Oakwood and there were three instances last winter where vehicles were stuck on the road.
Councilor Erdman questioned when the road is closed for the winter and City Engineer Jahnke replied that it is usually barricaded after the first heavy snowfall. Erdman also requested a sign at the base of Circle Drive intersection with Wedge and Cedar. Jahnke replied that there isn’t a lot of traffic in that area and there is no accident history. He is, therefore, not recommending any signage at this time. Erdman requested neighborhood input regarding placement of the “children playing” sign.
Roger Bok, 1012 Cato Drive, noted that the road should be staked and graded out to its original two lanes.
Councilor Erdman moved, Councilor Severtson seconded, that petition 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.
LETTERS OF INTENT FOR MAYOR’S SEAT ACKNOWLEDGED
City Manager Simonsen stated that the Council agreed to accept letters of intent from citizens interested in serving as Mayor through December 2006. Five letters were received. Four letters were received by the 5 p.m. deadline on July 6 and one was received in the morning mail on July 7. She also announced that the Council will hear a five-minute presentation from each candidate at a July 21 workshop to be held at 5:30 p.m.
After Council discussion, Councilor Fjelstad moved, Councilor Marin seconded, that the four letters received by the deadline be accepted and the letter received after the deadline be rejected. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and letters acknowledged.
ORDINANCE 94, 3D INTRODUCED – ACCEPTING ANNEXATION OF THE HAMMER ROAD AND STEVENS STREET AREA
City Manager Victoria Simonsen explained that the City Council approved Resolution 05-88 for orderly annexation of properties along Hammer Road and Stevens Street at its May 9 Council meeting. The Minnesota Office of Strategic and Long Range Planning has acknowledged the annexation which contains approximately 220 acres of land. This ordinance accepts that acknowledgement.
Councilor Fjelstad introduced Ordinance 94, 3d, accepting the annexation of the Hammer Road and Stevens Street area. Ordinance 94, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.
(See Secretary’s Original Ordinance 94, 3d included with these minutes.)
RESOLUTION 05-127 ADOPTED – APPROVING PRELIMINARY AND FINAL PLAT OF ALBERT LEA PORT AUTHORITY NO. 2
City Manager Simonsen reported that the Planning Commission has reviewed and recommends acceptance of the preliminary and final plat of Albert Lea Port Authority No. 2 with three conditions. These conditions are that the Port Authority will enter into a development agreement that provides for payment in lieu of parkland dedication in the amount of $12,050 or dedicates an equal or greater amount of wetland and slop, that there will be an established on-site stormwater retention area and establishing a fee for the sanitary sewer trunk system and scheduling for payment upon installation.
After Council discussion, Councilor Rasmussen moved, Councilor Severtson seconded, that the preliminary and final plat of Albert Lea Port Authority No. 2 be approved with conditions noted. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the plat approved.
(See Secretary’s Original Resolution 05-127 included with these minutes.)
RESOLUTION 05-128 ADOPTED - HONORING A REQUEST FOR FUNDING OF FEASIBILITY STUDY FOR CHANNEL EXTENSION
City Manager Simonsen explained that the Planning Commission is recommending the Council appropriate funds for a feasibility study of a channel through the Blazing Star Landing, the impact of a channel to the property and preparation of a request for proposal. The subcommittee of the Minnesota Design Team and Land Between the Lakes has been reviewing site redevelopment scenarios for the area and is in support of formally conducting a study of the area.
Dick Polley, 1704 Frank Hall Drive and chair of the Blazing Star Landing Committee, told the Council that the committee considers this a top priority. He agreed that a feasibility study to determine impact is necessary. He thanked the Council for taking this request under consideration and commented that this request came from the 600 people who attended the Minnesota Design Team and Albert Lea Listens sessions.
Tony Trow, 522 Park Avenue, a member of the Blazing Star Landing Committee, stated that there is a clear desire from people to connect the two lakes. People talked about moving boats back and forth and a possible riverwalk. The feasibility study is the initial step in determining use of the property. He explained that the Watershed Board is undertaking a hydrologic study to look at bounce and impediment to water flow caused by bridges.
City Manager Simonsen stated that the committee has received a cost estimate from Wenck Associates in the amount of $15,000 to perform a feasibility study for the channel including planning, financial and engineering.
Council discussion included a desire to wait until this item could be budgeted, a discussion about the remaining funds in the contingency account, a desire to investigate the possibilities, a desire to be proactive instead of reactive and the possibility of a potential developer coming in with his own plans for the site.
City Manager Simonsen suggested that the interested parties get together for a meeting to discuss what questions they need answered by a study.
Roger Bok, 1012 Cato Drive, asked how far east the City will need to go to get under the railroad tracks and suggested that a lot of other things need to get cleaned up before we worry about a channel.
After additional Council discussion, Councilor Erdman moved, Councilor Marin seconded, that a resolution declaring the City Council’s support for a feasibility study to extend a channel through the Blazing Star Landing to connect Albert Lea Lake and Fountain Lake be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Fjelstad and Severtson who voted nay. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 05-128 included with these minutes.)
STAFF DIRECTED TO PREPARE ZONING ORDINANCE AMENDMENT
City Manager Simonsen reported that the City’s current zoning ordinance doesn’t allow for signs on awnings within the Historic District. The Heritage Preservation Commission has asked that the sign ordinance be reviewed and amended to allow signs on moveable awnings in the district. The Planning Commission is recommending the Council direct staff to investigate the request and make a recommendation as to whether amending the ordinance would be a benefit to the downtown district.
After Council discussion, Councilor Erdman moved, Councilor Severtson seconded, that the staff be directed to prepare a zoning ordinance amendment to permit signs on moveable awnings in the Historic District. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried.
SERVICE CLUB LOGOS AT CITY ENTRANCES
City Manager Simonsen reported that a local service club has requested permission to place their logo on a city entrance sign. The Planning Commission discussed the request and recommend that clubs be encouraged to put up their own welcome sign with the service groups listed on the sign. They also recommend a free-standing sign on private property that would not affect right-of-way issues.
Councilor Severtson moved, Councilor Rasmussen seconded, that the service clubs be encouraged to erect their own sign on private property. Mayor Pro Tem Brooks declared the motion carried.
HUMAN RIGHTS COMMISSION APPOINTMENT CONFIRMED
Mayor Pro Tem Brooks is recommending confirmation of his appointment of Will Risso, Community Outreach Coordinator for The Salvation Army, to a position on the Human Rights Commission with the term expiring on December 31, 2005 replacing Diane Landaas.
Councilor Rasmussen moved, Councilor Marin seconded, that the appointment of Will Risso to the Human Rights Commission be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the appointment confirmed.
LIBRARY DIRECTOR APPONTMENT CONFIRMED
City Manager Simonsen announced that in compliance with City Code Section 2.131, City Department Heads are appointed by the City Manager and confirmed by the City Council. She is requesting confirmation of the appointment of Peggy Havener as the Library Director for the City of Albert Lea effective June 1, 2005.
Councilor Rasmussen moved, Councilor Marin seconded, that the appointment of Peggy Havener as Library Director for the City of Albert Lea be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the appointment confirmed.
RESOLUTION 05-129 ADOPTED – ACCEPTING ALLIANT ENERGY SHARED SAVINGS PROGRAM FOR ARENA LIGHTING PROJECT
City Manager Simonsen explained that City staff, in conjunction with Allliant Energy, requesting authorization to enter into an agreement with the Shared Savings Program for improvements to the City Arena lighting. Although the lights were replaced approximately eight years ago, the fixtures have resulted in a maintenance problem and do not give out the standard of lighting that was anticipated. Under the Shared Savings Program, the City would be investing $36,000 in project costs with an annual net savings of $7191 in energy efficiencies. The project would pay for itself over the next five years and would produce better lighting and less environmental emissions.
After Council discussion, Councilor Severtson moved, Councilor Fjelstad seconded, that Resolution 05-129, accepting the Alliant Energy Shared Savings Program, 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 05-129 included with these minutes)
RESOLUTION 05-130 ADOPTED – APPROVING ROUTINE MAINTENANCE AGREEMENT
City Manager Simonsen presented a proposed maintenance agreement between the City and the Minnesota Department of Transportation for routine maintenance of T. H. 13 and 65 constituting 14.45 lane miles at a cost of $23,828.05 per year for 2006 and 2007.
Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-130 approving the routine maintenance agreement with MN DOT 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 05-130 included with these minutes)
RESOLUTION 05-131 ADOPTED – APPROVING AGREEMENT WITH THE UNION PACIFIC RAILROAD AND MN DOT FOR INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS/GATES
Ms. Simonsen reported that this resolution authorizes an agreement with the Union Pacific Railroad and the Minnesota Commission of Transportation for the installation and maintenance of railroad crossing signals and gates at the intersection of Broadway Avenue and Front Street at no cost to the City in exchange for the closing of the Washington Avenue crossing. . Councilor Severtson moved, Councilor Erdman seconded, that Resolution 05-131, approving an agreement with the Union Pacific Railroad and the Minnesota Department of Transportation for the installation and maintenance of railroad crossing signals and gates on Broadway and Front Street, 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 05-131 included with these minutes.)
RESOLUTION 05-132 ADOPTED – APPROVING TAX INCREMENT FUND TRANSFERS
City Manager Simonsen noted that following receipt of the County tax payment each July and December, the City transfers any tax increment funds received to repay the general fund for advances to the tax increment finance funds, to the TIF bond fund or to the developers with “pay as you go” agreements.
Councilor Rasmussen moved, Councilor Fjelstad seconded, that Resolution 05-132, approving tax increment fund 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 05-132 included with these minutes.)
RESOLUTION 05-133 ADOPTED – APPROVING WASTEWATER AGREEMENT WITH SOYMOR BIODIESEL
City Manager Simonsen explained that this resolution would authorize a sanitary sewer/water agreement with SoyMor Biodiesel LLC, which is currently under construction near the existing Exol and SoyMor Cooperative plants. SoyMor Biodiesel is request that the City accept the wastewater that they will be discharging from the new plant. They will be sharing capacity in the sanitary sewer line with Exol and SoyMor Cooperative. The plants are currently located outside city limits and the sewer line and lift station are owned by Freeborn County. The agreement contains an annexation clause in which SoyMor Biodiesel agrees to consent to annexation ten years following the execution of this agreement if requested. The term of the contract is ten years from the date of initiation.
After Council discussion, Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-133, approving the wastewater agreement with SoyMor Biodiesel, 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 05-133 included with these minutes.)
CALLING A PUBLIC HEARING FOR INTOXICATING LIQUOR LICENSE RENEWALS
City Manager Simonsen requested the Council call a public hearing for July 25, 2005 for the purpose of considering the renewal of Club On-Sale Intoxicating licenses, On-Sale Intoxicating licenses, Off-Sale Intoxicating licenses, Wine On-Sale licenses and Sunday On-Sale Intoxicating licenses.
Councilor Severtson moved, Councilor Fjelstad seconded, that a public hearing for the renewal of intoxicating liquor licenses be called for July 25, 2005 at 7 p.m. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the public hearing called.
UNLISTED ITEMS
WARD ITEMS
First Ward, Councilor Rasmussen: (1) Thanked all City employees and citizens who organized a great 4th of July celebration. (2) Thanked the citizens submitting letters of intent to fill the Mayor’s term. (3) Thanked the Chamber for hosting the golf outing today to raise money for scholarships.
Second Ward, Councilor Erdman: (1) Reported tall grass at 205 Water and 210 North Ermina and suggested both houses could use some attention. (2) Reported a pot hole on Elmira Street at the Highway 13 entrance. (3) Congratulated Street, Park and Public Works employees for doing an excellent job in the downtown area. (4) Thanked Dan Dorman for his efforts in moving the sales tax bill forward. (5) Thanked Bob Haukoos, Paul Overgaard and Mayor Pro Tem Brooks for efforts on the City’s behalf at the State Capitol.
Third Ward, Councilor Marin: (1) Thanked individuals indicating interest in serving the community as mayor. He noted that the phrase “throwing your hat into the ring” nowhere near describes the efforts that this job requires. He is looking forward to hearing more about the individuals at the workshop meeting. He apologized to Ms. Tennis because her letter didn’t reach the City Manager prior to the deadline. (2) He withdrew his motion for increasing the speed limit on Town Hall Road (9th Street). He didn’t realize that the entire road is not under City jurisdiction. (3) Requested the speed limit monitor be placed on Highway 69 South near Ascension Lutheran Church. (4) Offered a special thank you to the City workers for keeping the community clean.
Fifth Ward, Councilor Severtson: (1) Has received a request from a Government Acres resident that the City Council consider issuing burning permits. City Attorney Schwab explained that the City has an ordinance that residents cannot discharge a firearm in the City without a special permit from the Police Chief. He noted that something similar could be possible with the Fire Chief issuing permits for burning. He commented that the Council would need to set requirements and guidelines for such permits.
Sixth Ward, Councilor Brooks: (1) Asked everyone to keep the family of Don and Deb Goodnature in their thoughts and prayers for the loss of their son, Cory. He requested that citizens fly their flags at half-mast on Saturday for his funeral service.
ADJOURNMENT – 8:34 P.M.
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 25, 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 July 12, 2005.
Sandi Behrens Al Brooks
__/s/______________________________ ____/s/____________________________ Secretary of the Council Mayor Pro Tempore
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