Albert Lea, MN 

August 9, 2004

Pastor 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 Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, City Attorney Steve Schwab, Council Secretary Sandi Behrens and a representative from the Albert Lea Tribune.

The Pledge of Allegiance was recited.

TEMPORARY LICENSES

(c)  RESOLUTION 04-168 ADOPTED – CLAIMS: Resolution 04-168 presents the financial claims of the City.

(See Secretary's Original Resolution 04-168 included with these minutes.)

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

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

Weeds in the ditch by Bel-Aire Motel will be mowed when it dries out a little.

The staff has taken steps for the renaming of the skatepark to Skateboard Stan Skatepark and has also posted a sign with the rules of the skatepark.

With regard to a concern regarding dogs outside a business intimidating the neighbors, animal control has looked into the situation and we have requested the other businesses nearby contact us if there are any other concerns.

There was a question regarding the ending date for mosquito spraying. The final mosquito spraying occurred last Thursday prior to the fair opening.

Progress with the Farmland site. The parties have now agreed to the legal description for the land and are proceeding with the finalizing of the transfer of the title.

A question regarding weed trimming along railroad right-of-ways has been addressed. We have contacted the Union Pacific and the right-of-ways are scheduled to be mowed the first two weeks of August.

Roger Bok, 1012 Cato Drive, spoke about the geese on Front Street. He noted that other communities are forbidding the feeding of geese. Will the City do that or require that people feed them in another area or will the City fine individuals for feeding the geese.

Mr. Bok then questioned the repairs to the mermaid, authorization for repairs and ownership of the statue. Ms. Simonsen explained that the City considers it a piece of equipment and that staff made the repairs. Mr. Bok then questioned who insures it and Ms. Simonsen told Mr. Bok that the City insures it as part of our general coverage.

Mr. Bok commented about the weeds around the City and suggested the City either cut the weeds and charge the owner of the property or require that they take care of them. He noted that the northeast corner of Main and Columbus needs to be cleaned off due to poor visibility at that intersection. He also noted that the northeast corner of Garfield and Ramsey need to be cut.

Mr. Bok stated that the big tree on Broadway by the railroad tracks needs to be cleaned out due to poor visibility.

Mr. Bok asked about the cost to blacktop three-quarters of Frank Hall Drive between Sixth and Seventh Street, how much to redo the sidewalks, and how much did it cost to do the improvements around Wal-Mart.

Regarding the traffic study, Mr. Bok commented that he had gone to Austin on 218 near the mall, one accident occurred and the City put in signal lights. South of the signals it is 45 mph and changes to 30 south of I-90. It doesn’t become 55 until you pass the signals. He asked why that can’t occur here.

Glen McDaniel, 701 Garfield Avenue, commented that the geese have left the area along Front. He hasn’t seen any geese in that area for the past two weeks.

Mike Rogness, 1405 Frank Hall Drive, talked about grass clippings in the street and the kids putting stickers on storm sewer inlets. He commented that it appears people are ignoring it. The people need to be disciplined. Mayor Eaton asked if he felt the City should fine the property owners. Mr. Rogness agreed. He said that he was informed the City doesn’t want to do street sweeping right now. Ms. Simonsen told Mr. Rogness that the City is working with the watershed district to come up with some means of better educating the public. The effort will continue. She noted that the City has built into the 2005 budget funding for doubling the street sweeping this year. An ordinance exists regarding grass clippings in the street. It is merely a matter of educating the public. When the people are informed, the City can begin enforcing the ordinance.

Mr. Rogness also commented on the sewer project on Frank Hall Drive and Eighth Street. He understood that this project was Okayed last September and asked why it has taken this long to get the work done. City Engineer Jahnke replied that with the former City Engineer retiring last year, the staff wanted to get some other higher-priority projects done and this project wasn’t as high on the priority list.

Councilor Kron commented that people in her ward are putting clippings in the street and that she feels they should be fined for doing so.

City Manager Simonsen explained that Qwest Corporation is requesting three designated parking spaces in the parking lot adjacent to their business. She has talked with the City Planner and he has recommended denial based on past precedence and the inability to lease public space to private enterprise. The City is willing to meet with the owners to determine if other alternatives might be available.

Karen Jilson, Qwest Corporation, spoke to the Council regarding the request. She explained that she is aware that the City is working with a developer and hopes that something can be negotiated for parking until a contract with the developer is complete. She explained that the property was previously owned by Qwest and was sold to the City in the 1990’s. She also noted that the company is willing to take one to three spaces. Mayor Eaton asked if a loading space would be acceptable. Ms. Jilson felt that this could be considered. She also explained that another business in the area wants the Qwest trucks in the parking lot instead of on the street. She noted that the techs feel it would be safer if they parked in the lot.

Additional discussion included the use of the spaces, a question of whether the lot would remain in the City’s control, the possibility for loading zones or 15-minute stalls and the fact that the City doesn’t want to give preference to any business in the area.

After discussion, Councilor Kron moved that two spaces be marked as 15-minute stalls. Councilor Marin seconded the motion. Councilor Amundson suggested limiting that to one stall due to the difficulty of parking in that lot. Councilor Kron moved to amend her motion, seconded by Councilor Marin, to one space marked as a 15-minute stall.

Ms. Jilson asked about enforcement of the 15-minute parking stall. Ms. Simonsen replied that if a problem is encountered the techs could call the Police Department for enforcement.

After additional discussion, and on roll call vote, all Councilors voted in favor of the motion with the exception of Council Brooks who voted nay. Mayor Eaton declared the motion carried and the 15-minute parking stall authorized.

City Manager Simonsen explained that the Freeborn County Board of Commissioners is requesting the City participate in a Bridge Avenue Corridor Study to determine the future transportation needs of the north/south entrance to the City. As part of the study, safety, access, pedestrian/bicycle usage, intersection improvements, capacity and aesthetics would be reviewed. The cost of the study is estimated at $42,000 and the commissioners are requesting the City pay half of the cost. In 1987, the City commissioned a similar study and a number of the recommendations from that study have been implemented. The new study could evaluate the intersections of Bridge Avenue and Fountain Street and Bridge Avenue and Marshall Street.

Sue Miller, Freeborn County Engineer, explained that SRF would be the firm conducting the study and that it would be in the City’s best interests to pursue a study at this time prior to any further development. She noted that approximately one-half of the cost would be public involvement in developing a long-term plan for this corridor. Ms. Miller also noted that Freeborn County’s state aid designation on Bridge Avenue is from CSAH 25 south to Marshall then Sibley connecting with Main Street and the City state aid status exists on Bridge Avenue from Marshall to Clark Street. She noted that she is looking at this plan as a 5 to 20 year plan. Funds could be budgeted in 2005.

Councilor Erdman moved, Councilor Marin seconded, that the City participate in the Bridge Avenue Corridor Study in the amount of $10,000.

Roger Bok, 1012 Cato Drive, told the Council that the County refused to participate in the first study and have refused to assist in other projects when requested to do so.

After Council discussion, and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-169 included with these minutes.)

City Manager Simonsen told the Council that the Board of Appeals had met on August 3 to hear a variance request from Allan & Alyce Anderson requesting a 3½-foot variance to the 10-foot separation required between a house and a detached structure. The Board is required to make findings that an undo hardship exists in the use of a property before a variance is granted. Because the lot conforms with the basic requirements for lot dimensions and there are no unusual circumstances in the way the ordinance is written, the staff recommended the variance be denied. The Board voted to deny the request on a 3-1 vote. The Board also recommended that the Planning Commission review the City’s setback and lot coverage requirements.

Paul Field, Home Solutions Midwest, told the Council that an ordinance exists which prohibits the sunroom construction. He noted that many cities around Albert Lea allow a six foot separation. He feels the ordinance is over restrictive and that many projects have been stopped by this ordinance. He requested that the City Council permit this variance and revisit the ordinance.

Councilor Erdman moved, Councilor Marin seconded, that the variance be granted.

Councilor Amundson requested the Chief of Fire and Inspection’s opinion on this issue. Chief Sydnes stated that he didn’t find a problem with a six-foot separation and that the Council may wish to change the ordinance. He noted that when we begin handing out numerous variances that it is time to look at the ordinance.

After Council discussion, and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-170 included with these minutes.)

Councilor Erdman moved, Councilor Marin seconded, that the staff be directed to look at the ordinance and come back with a recommendation. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the staff directed.

Mayor Eaton read the following statement:

The City has published a combined notice of finding of no significant impact and intent to request release of funds for the Lea Center Building rehabilitation project. The notice is published in the Albert Lea Tribune, the City’s website and additionally information is available in the City Planning Office.

City Manager Simonsen reported that the Wastewater Treatment Plant is requesting the purchase of one rotary drum thickener to replace a centrifuge that was rebuilt in 2002 and is now developing problems. In 2003, the City replaced two centrifuges which were not working with a similar rotary drum thickener. The City received two quotations for the equipment and is recommending the purchase of the Vulcan Industries equipment at a cost of $46,486. She also noted that the updated equipment will qualify for the shared savings program through Alliant Energy saving the City approximately $22,000 per year in energy costs for a two-year payback on the new equipment.

After Council discussion, Councilor Amundson moved, Councilor Kron seconded, that Resolution 04-171, authorizing purchase of the rotary drum thickener as recommended. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-171 included with these minutes.)

City Manager Simonsen explained that this agreement is with Alliant Energy for its shared savings program in the purchase of the rotary drum thickener for the Wastewater Treatment Plant. She recommended use of the program if the interest rate is less than what the City can obtain on the market.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the staff proceed with using the Alliant Energy shared savings program if a lower interest rate can be negotiated. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-172 included with these minutes.)

City Manager Simonsen commented that the City had accepted bids for Job 0323, replacement of old storm sewer piping and old inlets in the intersection of Frank hall Drive and Eighth Street, replacement of an old 10 inch storm drain to Albert Lea Lake with a larger storm sewer system and construction of an additional storm water inlet to intercept runoff from Eighth Street. Staff recommendation is for the low bid from Sorensen Bros., Inc. for $63,494.95. She noted that this bid is over the engineer’s estimate of $55,303.75 due to the fact that the engineer underestimated the pipe cost and bituminous prices.

Ms. Simonsen recommended the bid of Ulland Bros., Inc. for Job 0409, milling, overlay and miscellaneous concrete work in the west and southeast areas of the City. The bid of $565,084.72 is $80,000 less than the engineer’s estimate.

Ms. Simonsen explained that the City had accepted two bids for Job 0410, the purchase of a chip spreader for the Street Department. She recommended the bid of Ed Etnyre at $176,173 as the other bidder, Ruffridge-Johnson, included 14 exceptions to the specifications that were requested. Both bids were higher than the engineer’s estimate of $165,000 and noted that the discrepancy is likely due to the increased price of steel over the past year.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-173, accepting the bids recommended for Jobs 0323, 0409 and 0410, 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 04-173 included with these minutes.)

City Manager Simonsen stated that the staff is recommending a public hearing to adopt final assessments for Job 0305, the sanitary sewer replacement and street reconstruction of St. Joseph Avenue from Fifth Street to Seventh Street at a total cost of $290,101.45 with a City cost of $235,642.73 and an assessable cost of $54,458.72. She noted that final costs of the project came in 15 percent lower than anticipated.

Councilor Brooks moved, Councilor Amundson seconded, that a public hearing be set for September 13, 2004 for the purpose of accepting final assessments on this project. 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 04-174 included with these minutes.)

City Manager Simonsen recommended the City enter into an agreement with the Union Pacific Railroad and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals and predictor circuitry at the intersections of Summer Avenue, Fountain Street, Clark Street and Front Street. The project includes the addition of crossbars at each of the intersections and is scheduled for construction in 2005. The agreements require the City pay 10 percent of the project costs with a total City cost of $51,577.80 with over $37,000 being eligible for municipal state aid funding.

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that the agreements for railroad crossing improvements 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 04-175 included with these minutes.)

City Manager Simonsen reported that the Albert Lea Economic Development Agency Board reviewed the Revolving Loan Fund Policy that is part of the City’s Business Subsidy Plan and made recommendations for amendments to the policy. Staff is recommending a public hearing on the amendments for September 13, 2004.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-176, calling a public hearing to amend the Revolving Loan Fund Policy in the Business Subsidy Plan for September 13, 2004, 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 04-176 included with these minutes.)

City Manager Simonsen noted that Tim Borst has requested annexation of property he owns in Way-Lor Addition. He further requests that the two lots be combined as one in order for them to construct a new home.

Councilor Brooks questioned the lots requested for annexation. City Engineer Jahnke commented that Mr. Borst has spoken with him several times and he is sure that Mr. Borst wants Lots 4 and 5 annexed for the home with Lots 1 and 2, the wooded lots, remaining in the County. Mr. Brooks asked whether the tile in Lot 1 would be affected by this annexation. Mr. Jahnke stated that he wasn’t aware of a tile. He also noted that we would need to have an agreement in place with Mr. Borst relating to sewer and water service and use of the roadway. Lot 1 would be included in the discussion.

Councilor Brooks moved, Councilor Kron seconded, that the annexation be ordered.

Councilor Fjelstad announced that there is a hearing scheduled before the Board of Appeals tomorrow for this property and that he didn’t see how we could grant a variance when the property is not yet in the City.

Karen O’Byrne, 1922 South Broadway Avenue, told the Council that this annexation involves her property. She has a tile running through the two lots he has purchased from Mr. Bisek. She noted that she had a verbal agreement with the former owner, John Bisek, regarding water drainage in the area and asked if this action will disrupt the water flow. She noted that the variance requested is for a three season porch 10 feet closer to her lot than allowed. It is supposed to be 25 feet and he is requesting 15 feet. This involves the area where the tile is. It won’t go over the tile but it will be near it.

Council discussion centered around whether the City has any jurisdiction over this property at this time. Ms. Simonsen stated that there are two issues here, one being the request to annex and the other combining the two lots. She explained to Mr. Borst that she didn’t feel we had jurisdiction to combine the lots or grant a variance until the property is annexed. He doesn’t want to go forward with his plans unless he is able to do that.

After additional discussion and on roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-177 included with these minutes.)

City Manager Simonsen presented the proposed 2005 budget to the City Council. She explained that a copy of available to the public at the Public Library and that a public hearing will be held on August 23, 2004 to receive input from the public regarding the budget.

City Manager Simonsen explained that this resolution calls for a public hearing for the adoption of Parking Maintenance District assessments from August 1, 2003 to July 31, 2004. She recommended the hearing be called for August 23, 2004.

Councilor Erdman moved, Councilor Kron seconded, that a public hearing be called for the adoption of Parking Maintenance District assessments on August 23, 2004. 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 04-178 included with these minutes.)

City Manager Simonsen noted that the Planning Commission has approved the preliminary and final plats for Arby’s Addition on North Bridge Avenue and is recommending Council approval for these plats.

John Bogart, Bogart Pederson & Associates, appeared before the City Council to answer any questions. He explained that he is the engineer for the project and the owner is RTM Restaurant Group. The location for the proposed restaurant is at the northwest corner of Bridge and Sykes. He noted that the owner’s hope to have the restaurant open by Thanksgiving.

Councilor Amundson moved, Councilor Marin seconded, that the preliminary and final plats for Arby’s Addition 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 04-179 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes limited deer hunting on city-owned land. The bow and arrow hunt has been held each year since 1997. The resolution permits bow and arrow hunting from September 18, 2004 to December 31, 2004 on various city-owned properties.

Councilor Amundson moved, Councilor Brooks seconded, that the limited deer hunting on city-owned property be authorized. 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 04-180 included with these minutes.)

City Manager Simonsen noted that the City must transfer tax increment funds after property tax payments are received each year. This resolution authorizes those transfers.

Councilor Erdman moved, Councilor Kron seconded, that Resolution or-181, authorizing tax increment fund transfers, 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 04-181 included with these minutes.)

City Manager Simonsen commented that the City’s assessable projects construction fund requires a transfer to provide the necessary funding for current projects.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-182, authorizing the transfer of $800,000 from fund 30 (Revolving Fund – Debt Service) to fund 50 (Revolving Fund – construction fund). 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 04-182 included with these minutes.)

 

(1)  Congratulated Betty Perkins, 701 Minnesota, for receiving the Ward 4 Curb Appeal Award. Congratulated all of the winners and thanked them for taking such good care of their properties.

(2)  Congratulated Police Officer Andy Johnson and his Czechoslovakian dog, Neiko, for taking seventh place out of 69 dogs in a performance in Brainerd and third place in the apprehension phase.

(3)  Congratulated Jay Hutchison who was elected to the Board of Directors by the American Park and Recreation Association in the Great Lakes Region.

(4)  Notice the new planters by the gazebo. The Park and Recreation Department have done a good job getting that in order.

(5)  Announced that the Minnesota Design Team has selected Albert Lea for a visit. They will be here October 7 – 9, 2004. This is quite an honor. Professional architects, landscape architects, economists and tourism experts come to town and help us plan our own community visioning. This is a wonderful opportunity as we are just finishing with the Albert Lea Listens project, our strategic plan.

(6)  Reminder to mark calendars for Celebrate Albert Lea on August 27 through 29, 2004. This is getting ready for our sesquicentennial in 2006. Many fine events are planned. Mayor Eaton read a listing of those events.

Second Ward, Councilor Erdman:

(1)  Requested the staff get out the current sign ordinance for review and recommendations for changes.

(2)  Requested the staff consider the possibility for better visual presence by allowing police officers to take vehicles home.

(3)  Requested coordination of a volunteer downtown clean-up day at no City cost perhaps sometime in October.

Fourth Ward, Councilor Fjelstad:

(1)  Has received comments about no lifeguards at the City beach. Why did he City stop putting lifeguards at that location? City Manager Simonsen cited two reasons, one being a false sense of security for people and secondly it presented a liability issue for the City. City Attorney Schwab commented that he understood the removal of the guards was for liability and cost issues.

(2)  Explained that the alley on Albert Lea Street between Green and Alice is washed out. It is a tarred alley and there is a seven-inch drop. Requested crews put in hot mix and flatten it.

Sixth Ward, Councilor Brooks:

(1)  Has received complaints from the residents at 206 East Eleventh Street. Each time we receive heavy rains the driveway floods.

 

Councilor Amundson moved, Councilor Marin 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, August 23, 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 August 10, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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