Albert Lea, MN 

September 13, 2004

Reverend Richard Spande, Ascension 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 representatives from the Albert Lea Tribune and KATE Radio.

The Pledge of Allegiance was recited.

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF AUGUST 23, 2004.

 

(b)  LICENSES APPROVED:

 

TEMPORARY LICENSES

 

OFF-PREMISES LIQUOR SALES

 

Aragon Bar, 130 West College, for wedding dances at the National Guard Armory on September 11 and 25, 2004

(c)  RESOLUTION 04-194 ADOPTED – APPROVING GAMBLING APPLICATION: Resolution 04-194 approves a lawful gambling application for the Knights of Columbus for raffle operations at 1002 South Broadway on November 17, 2004.

(See Secretary’s Original Resolution 04-194 included with these minutes.)

(d)  AUTHORIZED A TEMPORARY WINE AND BEER LICENSE FOR THE MINNESOTA DESIGN TEAM VISIT ON OCTOBER 7, 2004 AT RIVERLAND COMMUNITY COLLEGE.

 

(e)  RESOLUTION 04-195 ADOPTED – CLAIMS: Resolution 04-195 presents the financial claims of the City.

(See Secretary's Original Resolution 04-195 included with these minutes.)

Councilor Amundson moved, Councilor Brooks 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 adoption of assessments for Job 0305, sanitary sewer replacement and street reconstruction on St. Joseph Avenue, Fifth Street to Seventh Street. The necessary notice for this hearing was published on August 16, 2004.

No one appeared to be heard. Councilor Brooks moved, Councilor Marin seconded, that Resolution 04-196, adopting assessments for Job 0305, 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 closed.

(See Secretary's Original Resolution 04-196 included with these minutes.)

Mayor Eaton opened a public hearing to consider amendments to the JOBZ Business Subsidy Plan proposed by the Albert Lea Port Authority Board of Directors. The necessary notice for this hearing was published on August 30, 2004.

No one appeared to be heard. Councilor Amundson moved, Councilor Marin seconded, that Resolution 04-197, approving JOBZ Business Subsidy Plan Amendments, 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 closed.

(See Secretary's Original Resolution 04-197 included with these minutes.)

Roger Bok, 1012 Cato Drive, noted that anything marked with an asterisk needs to be read and recorded except claims and commented that the property on Ulstad Avenue which was ordered to be cleaned-up by September 13 has not yet been done. Mr. Bok requested prices for the Frank Avenue street and sidewalk project and the Blake Avenue project. He asked when the City would begin enforcing the weed policy. Ms. Simonsen explained the procedure required for weed mowing and assured Mr. Bok that the City is continuing to enforce the policy in Albert Lea. Mr. Bok commented that the garage at 1016 Cato is covered with canvas, the house behind that one has a lean-to built onto the back of the garage and didn’t obtain a permit for this construction. He noted that the property also have cats which he believes are unlicensed. Mr. Bok also said that a neighbor has two barking dogs.

Glen McDaniel, 701 Garfield Avenue, said that the weeds need to be cleaned-up at the Farmland site.

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

Request for repair of Bay Oaks Drive before winter – The City crews located a water service leak which caused a void in the surface. This void has been repaired and there may be additional work on this street next year.

The Council requested we reopen discussion on the extension of Sunset Street into the Lake Chapeau area. The staff is gathering information and this item will be put on the September 27 agenda.

The Street Department has made repairs to the sinking sidewalk at 718 Garfield.

Request for a dump day – The City staff has scheduled a clean-up day on Saturday, October 16 from 9 a.m. to noon at the transfer station. Miscellaneous trash will be accepted free but there will be a charge for furniture, appliances and tires. Those participating will be required to provide proof of residence. No hazardous materials will be accepted.

Hearing impaired sign at Channelview – the managers of the apartments have explained that potential residents had questioned the availability of such a sign if they chose to move into the apartment complex. The management will contact the appropriate department if this family eventually relocates to Channelview.

City Manager Simonsen explained that the City had received a request from the Elks Club for Council permission to serve beer at a club picnic at the Elks Club parking lot on Sunday, September 19, from noon to 3:30 p.m.

Following discussion, Councilor Brooks moved, Councilor Amundson seconded, that the request of the Elks Club for a beer tent at the club’s picnic be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen commented that the City received a request from Kathy Brekke in regard to a property located at 501 11^th Street East for which they have a purchase agreement. Ms. Brekke discovered that there is a deferred assessment on the property for street improvements at a cost of $3,358.66 and interest in the amount of $2,783.45. The purchase price on the property is $10,000. Ms. Brekke is requesting that the interest on the assessment be waived.

Councilor Brooks moved to waive the interest. Councilor Marin seconded the motion. After Council discussion and on roll call vote, all Councilors voted against the motion with Councilor Brooks voting in favor. Mayor Eaton declared the motion defeated and the request denied.

City Manager Simonsen explained that the City has received a request for use of a parking stall in a City lot and requested Councilor Erdman explain. Councilor Erdman explained that Cheryl Blake is requesting permission to park her food vehicle in the City parking lot at Main and Washington in the southernmost corner of the lot near the stairs from September 15 to October 30 and that the City Engineer has indicated no objection to this request if the State Food Inspector permits it. Councilor Erdman moved to approve the request. Councilor Kron seconded the motion.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained. Mayor Eaton declared the motion carried and the request granted.

(See Secretary’s Original Resolution 04-198 included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 77, 3d, accepting the Minnesota Office of Strategic and Long Range Planning annexation order for the Albert Lea Port Authority property located west of Margaretha Avenue and south of 13^th Street consisting of 64.83 acres. The necessary notice for this hearing was published on August 30, 2004.

No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 77, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 77, 3d included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 78, 3d, enacting a storm water utility. The necessary notice for this hearing was published on August 30, 2004.

City Manager Simonsen explained that this ordinance would form a stormwater drainage utility for the purpose of managing and funding the construction and maintenance of the City stormwater drainage system. Due to the stormwater regulations that are being mandated by the Federal Government, the City will be required to increase its maintenance efforts in this area. Expenses of approximately $469,000 are spent annually for stormwater drainage systems. She noted if the Council chooses not to form a stormwater utility, these expenses would need to be added to the General Fund and funded through an increase in the property tax levy.

Tony Trow, 522 Park Avenue, commented that most communities around Albert Lea have already enacted this utility due to levy limitations. Levy limitations are no longer present. He noted that this is a cost of doing business but urged the City Council to include this tax in the property taxes and not in a separate utility.

Dave Prescott, District 241 Superintendent, commented that this is setting a dangerous precedent – one non-taxing entity taxing another.

Bob Haukoos, 111 Fairview Drive, suggested the City Council spend more time studying this item. He commented that this could affect local government aids.

Roger Bok, 1012 Cato Drive, commented that City ordinance requires a grill in the vertical part of a storm drain to trap foreign objects.

City Manager Simonsen stated that the City had received a letter from the Chamber of Commerce board opposing the ordinance and suggested the utility be included in the City’s budget. She also stated that she could support implementing this utility or adding it to the property tax. There would be no problem tabling the issue for a couple of weeks to permit discussions with the watershed board. She noted, however, that the Council must set a proposed tax levy at this meeting. If the Council chooses to table this ordinance, it would need to pass a proposed tax levy at a higher level.

Bill Douglas, Bolton & Menk, the City’s consultant for this utility, commented that Albert Lea is currently considered a discretionary city and that the State Pollution Control Agency could require implementation of the requirements at any time.

Councilor Erdman asked Mr. Douglas when this unfunded mandate could take effect. Mr. Douglas replied that there is no answer yet. He anticipates that the City will have 18 months to comply once the order for compliance is received from the State.

Mayor Eaton asked Paul Overgaard, a member of the Watershed Board, if the stipulations noted by Mr. Douglas are included in the watershed plan. Mr. Overgaard noted that they are included in the plan. He noted that a workshop on the tax would permit an opportunity for the Watershed Board to share the common objectives. This is an issue of common interest and deferring the final decision demonstrates a desire to work toward these common objectives.

Ms. Simonsen commented that two other options for Council consideration would be forming a utility for one fund and putting the other fund back into the general fund or cutting expenses from the general fund, currently estimated at $600,000.

Councilor Marin asked Mr. Haukoos how implementation would negatively affect the local government aid. Mr. Haukoos replied that it would make a difference because the Legislature considers these issues when deciding on government aid.

City Manager Simonsen commented that in discussions with Representative Dorman that there is not an adverse relationship between our property taxes and LGA. She cited various projects intended for funding include capital projects for the next five years. Some of the projects include replacing 50 catch basins per year, upgrading the Virginia Place storm lift station, storm sewer televising each year, Fountain and Newton storm outlet and pipe replacement, storm water detention pond for 19^th Street, Edgewater Park outlet replacements and Virginia Place reconstruction. A couple of additional projects have not been estimated into this include St. Joseph, Myers Road and Sunset Street.

Council discussion centered around the fact that the utility is a fiscally responsible way to collect the tax and assures that the money is used properly, a problem for lower income residents being able to pay the tax, property tax rebates, the fact that the utility will not affect LGA and a need to grow and be progressive and the need to provide a clear understanding to the public as to why the utilities are being implemented.

City Manager Simonsen commented that under this utility, the Albert Lea Port Authority will pay $22,350 annually, Freeborn County will pay $3300 and the School District will be $1200.

Councilor Amundson noted that if we include these utilities in the General Fund, the amount to be paid by non-taxed groups will be charged to the average residence. Ms. Simonsen noted that if both funds were put into the General Fund and the tax levy increased, a house valued at $75,000 would pay approximately $44.65 more per year, a $100,000 home would pay $64.20. The utility would insure that all properties pay a fair share of the funds.

On roll call vote, Councilors Amundson, Erdman, Fjelstad and Kron voted in favor of the ordinance with Councilors Marin, Brooks and Mayor Eaton voting nay. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 78, 3d included with these minutes.)

Mayor Eaton opened a public hearing on Ordinance 79, 3d, enacting a public lighting utility. The necessary notice for this hearing was published on August 30, 2004.

City Manager Simonsen commented that Minnesota Statutes authorize the City to install, replace, extend and maintain public lighting systems. The City is anticipating approximately $394,000 of expenses in our public lighting systems in 2005. The utility would begin on January 1, 2005. She noted that if the utility is not formed, the expenses will need to be incorporated into the General Fund and paid for through property tax levies.

Roger Bok, 1012 Cato Drive, the issue of public lighting to the truck stop on CSAH 46 was brought up by Planning and Zoning in 1998 and passed. However, it never reached the City Council. He stated his hope that these issues are brought to the City Council in a timely manner. This project could have been taken care of at that time.

On roll call vote, Councilors Amundson, Erdman, Fjelstad and Kron voted in favor of the ordinance with Councilors Marin, Brooks and Mayor Eaton voting nay. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 79, 3d included with these minutes.)

Mayor Eaton opened a public hearing on Ordinance 80, 3d, creating a Heritage Preservation Commission. The necessary notice for this hearing was published on August 30, 2004.

City Manager Simonsen explained that this ordinance establishes a Heritage Preservation Commission for the City and outlines the powers of the commission, which meet the general guidelines required by the State of Minnesota. Many provisions that relate to specific design standards can be amended once the basic ordinance has been adopted and the commission formed.

The Commission is established to review building improvement requests within the Historic District and reviews the requests for additional properties for inclusion into the district. The Commission will add another level of review and may advise the Planning Commission on historic matters. All requests for external modifications to a property within the district will need approval by the commission.

Tony Trow, 522 Park Avenue, told this Council that this is wonderful step forward and many in the community have urged enactment of this ordinance.

Mary Ellen Johnson, 331 Willamor Circle, commended the City Council for setting up the commission and noted that this can only help Albert Lea.

On roll call vote, all Councilors voted in favor of Ordinance 80, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 80, 3d included with these minutes.)

Councilor Amundson requested permission to be excused at this time.

City Manager Simonsen explained that the City received a petition for annexation of property at 2123 Stevens Street. The Planning Commission reviewed the proposed annexation and is recommending the lot be zoned R-3 Multi-Family Residential at the time of the annexation. The Planning Commission also recommends that the 10 acre parcel on the east side of this property be zoned PD Planned Development for Real Estate Equities to develop the site at a later date.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-199, approving the orderly annexation of the two properties on Stevens Street, be approved. 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 04-199 included with these minutes.)

City Manager Simonsen reported that the Planning Commission is recommending approval of an amendment for the Good Samaritan Center Conditional Use Permit to allow the construction of a new 24-unit assisted living facility with conditions.

Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 04-200, approving the amendment to the Good Samaritan Center Conditional Use Permit, 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 04-200 included with these minutes.)

City Manager Simonsen noted that the Planning Commission is recommending approval of a rezoning request from the Albert Lea Medical Center. The ordinance would rezone the property located at the southeast corner of Grace Street and Vinehurst Avenue from R-3 Multi-Family Residential to PD Planned Development.

Councilor Erdman introduced Ordinance 81, 3d. Ordinance 81, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance 81, 3d included with these minutes.)

City Manager Simonsen commented that this resolution approves the preliminary and final plat of Hanson Estates No. 2 as recommended by the Planning Commission.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-201, approving preliminary and final plat of Hanson Estates No. 2, 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 04-201 included with these minutes.)

City Manager Simonsen explained that this resolution approves an administrative survey of Lots 5 and 6, Block 2, Hills Addition, within the R-1 Single Family Residential District.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-202, approving the administrative survey for Lots 5 and 6, Block 2, Hills 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 04-202 included with these minutes.)

Mayor Eaton announced the appointment of the following individuals to the Heritage Preservation Commission:

Doug Friend                                           Grace Haukoos

Bev Jackson                                           Karen Szymanowski

Don A. Johnson                                     Dr. Chris Shoff

John Sorlie                                             Owen Osness

Ex-Officio: Robert Graham

                   Doug Johnson

City Manager Simonsen explained that this resolution establishes the proposed 2005 tax levy at $2,800,000.

Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 04-203, establishing the proposed tax levy for 2005 at $2,800,000, 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 04-203 included with these minutes.)

City Manager Simonsen reported that this resolution sets the dates for Truth-In-Taxation hearings required by Minnesota Statutes. The initial hearing will be held on December 6, 2004 at 7 p.m. The continuation hearing, if necessary, will be held on December 13, 2004 at 7 p.m. with the subsequent hearing scheduled for December 13, 2004 at 7:30 p.m.

Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-204, setting dates for Truth-In-Taxation hearings, 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 04-204 included with these minutes.)

Ms. Simonsen explained that it is necessary for the City Council to call a special meeting for the purpose of canvassing the results of the Primary Election on September 15, 2004.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that a special meeting to canvass results of the Primary Election be scheduled for September 15, 2004 at 10:30 a.m. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting called.

City Manager Simonsen reported that this is the introduction of an ordinance accepting the Minnesota Office of Strategic and Long Range Planning annexation order for the Tim Borst property in Way-Lor Addition.

Councilor Brooks introduced Ordinance 82, 3d. Ordinance 82, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary's Original Ordinance 82, 3d included with these minutes.)

City Manager Simonsen explained that this resolution calls for a public hearing to adopt final assessments for Job 0107, Blake Avenue Reconstruction, and Job 0238, Traffic Signal at T.H. 65 and Blake Avenue, for September 27, 2004.

After Council discussion, Councilor Kron moved, Councilor Fjelstad seconded, that Resolution 04-205, calling a public hearing to adopt assessments for Jobs 0107 and 0238 on September 27, 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 04-205 included with these minutes.)

City Manager Simonsen told the Council that the City installed a wood chip trail between Sunset Street and Lake Chapeau Drive approximately one year ago. The trail was intended to identify a potential bike path to the lot buyers in the Lake Chapeau area. The trail was intended as a 10 foot wide walking/biking path; however, due to the depth of the wood chips, these activities are almost impossible. Several requests have been made by homeowners to remove the wood chip path near the intersection of Sunset Street and Meadow Lane. Homeowners are aware that this area is a public right-of-way and will eventually become a bituminous surfaced path similar to the Blazing Star path. However, at this time it is not being used and is visually not attractive. She noted that the engineers anticipate at least five years until a bituminous path would be laid in conjunction with the extension of Sunset Street to Highway 13.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that the removal of the wood chip trail in Chapeau Shores be authorized. Councilor Marin noted that this does not include the trail to Lake Chapeau. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the removal of the trail authorized.

City Manager Simonsen reported that the City took bids for the Hatch Bridge Replacement and Lakeview Boulevard and Wedge Street Improvements (Job 0314). She explained that the bids came in 33 percent higher than the engineer’s estimate of $1.3 million. The City’s consultant, Bolton and Menk, are recommending the bids be rejected and that the project be rebid in December or January.

After Council discussion, Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 04-206, authorizing the rebidding of Job 0314 in December, be approved. On roll call vote, all Councilors voted in favor of the motion with the exception of Councilor Brooks who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-206 included with these minutes.)

City Manager Simonsen noted that the City received a petition from five property owners on Manor Avenue for the permanent removal of the sidewalk in front of these homes. She commented that the City Engineer is recommending that the Council extend the sidewalk past the remaining eight lots instead of removing the sidewalk from in front of the five petitioners. Extending the sidewalk provides pedestrians a safe walking path to some of the area attractions including HealthReach, Halverson School and the Elks Club. If the City Council chooses to extend the sidewalk, staff would evaluate the installation of sidewalks on Eighth Street, Ninth Street and Tenth Street in order to safely move pedestrians to Margaretha Avenue.

Tony Trow, 522 Park Avenue, told the Council that the lack of sidewalks was discussed by participants in Albert Lea Listens and that he felt the removal of the sidewalk would be a regressive action.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that the petition for Manor Avenue sidewalk removal be approved. On roll call vote, Councilors Marin and Brooks voted in favor of said motion with Councilors Erdman, Fjelstad, Kron and Mayor Eaton voting nay. Mayor Eaton declared the motion carried and the request denied.

(1)  Thanked those who attended the Albert Lea Select Foods groundbreaking on September 10. She estimated 300 people attended.

(2)  Congratulated Paul Overgaard who was named Minnesota Senior Citizen of the Year at the Minnesota State Fair.

(3)  Congratulated Tony Luna who is going to Florida to help the Red Cross with victims of the hurricane.

(4)  Reminded people that the Albert Lea Lake Clean-up is this Saturday at 9 a.m. at the Pelican Breeze.

(5)  Announced that our six soldiers are returning home from Kosovo. There will be a party for them on September 21 at 5:30 p.m. at First Lutheran Church.

(6)  On September 26 from noon until 6 p.m., the Support Our Troops initiative will be going on at the North Bridge Mall and the Armory. This will be a collection of items to be sent to our deployed troops from Albert Lea serving in Afghanistan.

(7)  Remember to vote in the Primary on September 14.

Second Ward, Councilor Erdman:

(1)  Urged everyone to get out and vote.

Third Ward, Councilor Marin:

(1)  Thanked the Celebrate Albert Lea Committee for all of their hard work and urged the Council continue to support this activity.

(2)  Noted that he received three complaints yesterday about burning at Alamco and requested that staff look into this

(3)  Requested that the discussion of the extension of Sunset Street be delayed until October.

(4)  Commented that the lot behind Shady Oaks needs mowing.

(5)  Requested that if the ditch in front of the Bel-Aire motel hasn’t been mowed yet, that it be mowed immediately.

Fourth Ward, Councilor Fjelstad:

(1)  Commented that the fountains in Fountain Lake are beautiful as they are. He noted that Dave Mullenbach had plugged two holes to make the fountains blow higher. Requested that the two holes be unplugged and reduce the two fountains to the original height.

 

Paul Sparks, 2918 Campus Drive, suggested limiting the size of the pickup, require the resident to show a driver’s license and require covered loads.

Sixth Ward, Councilor Brooks:

(1)  Reported that there is a property on South Shore Drive with 7 to 12 vehicles parked in the backyard.

(2)  Requested identification of the park on Virginia Place.

Councilor Marin moved, Councilor Brooks 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, September 27, 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 September 16, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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