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September 25, 2006 Pastor George Marin, Grace Christian Church, opened with 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 Aaron Summers.
ROLL CALL
Present were Mayor Aaron Summers, Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson and Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steve Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, KAAL-TV and KATE Radio.
The Pledge of Allegiance was recited.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2006.
(b) APPROVAL OF THE SPECIAL MEETING TO CANVAS PRIMARY ELECTION, SEPTEMBER 13, 2006
(c) LICENSES APPROVED:
(d) REAPPOINTMENT OF BOB GRAHAM TO FAMILY SERVICES COLLABORATIVE BOARD
The City has received a request from Ms. Alice Englin, Facilitator for the Freeborn County Family Services Collaborative, to reappoint Bob Graham for another four‑year term. Mr. Graham’s term on the Collaborative Board ends on December 31, 2006. Mr. Graham has indicated a desire to continue in this capacity.
Reappointment of Mr. Bob Graham was authorized by the City Council and included with the consent agenda.
(e) RESOLUTION 06-231 AUTHORIZING AN ADMINISTRATIVE SURVEY – SUNDANCE SUBDIVISION
A legal description and survey was prepared by Jones, Haugh & Smith, Inc. for Roy & Jan Nystrom for Lots 4 & 5, Block 2, Sundance Subdivision. The purpose of the administrative survey is to combine parcels into one lot for the purpose of residential construction.
(See Secretary's Original Resolution 06-231 included with these minutes.)
(f) RESOLUTION 06-232- AUTHORIZING AN ADMINISTRATIVE SURVEY – BRIDGEPORT (LEMBKE)
A legal description and survey was prepared by Jones, Haugh & Smith, Inc. for Lembke Construction for Lot 4, Block 2, Bridgeport Subdivision to divide it into two tracts; Tract A & Tract B for the purpose of constructing an office building on the larger lot. The lots of record within the B2 Community Business District are consistent with zoning requirements.
(See Secretary's Original Resolution 06-232 included with these minutes.)
(g) RESOLUTION 06-233 - ACCEPTING ADMISSION AND PROPOSED ORDER – ARAGON BAR
Ms. Dawn Malakowsky, owner Aragon Bar, admits that on May 12, 2006 an employee sold alcohol to an underage individual as part of an alcohol compliance check conducted by the City of Albert Lea. The license holder agrees to a civil penalty of $250 and a one-day suspension of the liquor license which occurred on July 4, 2006.
(See Secretary's Original Resolution 06-233 included with these minutes.)
(h) RESOLUTION 06-234 ADOPTED – APPROVING CLAIMS: Resolution 06-218 presents the financial claims of the City.
Councilor Brooks fillin "" \d ""moved, Councilor Severtson fillin "" \d ""seconded that the consent agenda items be adopted. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Erdman, Marin, Severtson, Brooks and Mayor Summers. Those voting against were Councilor Fjelstad. Mayor Summers declared the resolutions passed and the consent agenda items adopted.
(See Secretary's Original Resolution 06-234 included with these minutes.)
PUBLIC HEARING FOR WAIVING OF BUILDING PERMIT FEES FOR ALBERT LEA MEDICAL CENTER
A public hearing was held to receive input regarding the request from the Albert Lea Medical Center to waive the building permit fee for the proposed expansion project. The building permit fee for this project totals $62,440. Dr. Mark Ciota and Stephen Waldhoff, CEO, gave a presentation regarding the Albert Lea Medical Center project and the reasons why they are requesting the Council to waive the building permit fees. Dr. Ciota remarked that this addition will bring in approximately 80-135 new jobs. This is a $19.1 million dollar project and they are receiving no financial help from Rochester and that they are funding most of the project costs. Mr. Stephen Waldhoff stated that we need to partnership as much as possible. They are considered a non-profit agency and any small profit has to be put back into the organization.
Mayor Summers opened the public hearing and the following persons spoke:
Manuel Cantu, 113 McArthur Drive, supported waiving the permit fees.
Sheryl Olson, 112 Hillcrest Road, was opposed to waiving the permit fees, as they just had to purchase a building permit fee for a garage and she feels that the Medical Center has the funds to pay for the permit.
Mayor Summers closed the public hearing.
Motion was introduced by Councilor Erdman waiving the building permit fees for the Albert Lea Medical Center, motion was seconded by Councilor Marin. The following voted in favor of said motion: Councilors Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers. Councilor Rasmussen abstained from voting as he works at the Medical Center. Mayor Summers declared the motion passed.
PUBLIC HEARING FOR EAST MAIN STREET LIGHTING PROJECT ASSESSMENTS
A public hearing was held to receive input on the preliminary assessments for the East Main Street Lighting Project involving the installation of lighting at 150 foot intervals from the east entrance of Trails Service Center westward through Edgewood Avenue. The estimated cost of the project is approximately $650,000 with 29.5% of that being assessable to the adjacent properties. The 104 light poles have built-in bracket holders to allow for the display of banners as well as electrical outlets to allow for additional lighting. Preliminary assessment notices have been sent to the benefiting property owners.
Mayor Summers opened the public hearing and the following persons spoke:
Edna Christian, 129 Bridge Avenue, questioned the benefit that would be received from this type of project, who would pay for the electric and maintenance. She stated that the city had always paid for street lighting until a couple of years ago and now it is added unto everyone’s taxes. She questioned the advantages of this project.
Chuck Karl, 1001 Martin Road, questioned the cost of this assessment for businesses that have been there over 60 years. He stated that he had heard from a reliable source Alliant Energy would install lights for no cost on regular poles. Questioned as to why Wal-mart and Home Depot were not assessed any of these costs. Stated that he is supportive of this community and the school bond issues, but that the taxes and these assessments are too costly.
Ken Erlandson, 321 Willamor Road, business owner, Erlandson’s Implement, questioned the purpose of this project. He stated that the cost of this project should be phased for who will benefit from it. Is this for beautification or what? Is this going to bring business to the community?
Nancy Jenson, 519 Albert Lea Street, questioned the council as to who is going to pay this $650,000.00 and for what? She commented about the article in the newspaper that the Council wanted public input, but the paper made it sound that the decision was already made. These types of lights can be very glaring and makes it difficult to see, such as the lighting in Stewartville. She stated that this money could be used to fix the sewer and water system rather than lights. This project is neither warranted nor justified.
Libby Herr, 1621 Olsen Drive, questioned as to why she would be assessed for this project as she does not live in the area.
Manuel Cantu, 112 McArthur Drive, stated that residents are over-taxed, wages are low in this community, and project costs went from $400,000.00 to $650,000.00. The costs just keep rising on this project.
Roger Bok, 1012 Cato Drive, stated that in 1998 the Planning and Zoning Commission made a motion to install lights and it still is not done. “Where is the wonderful Chamber of Commerce? We do not need lights every 150 feet? Which committee makes these decisions? If Tony Trow wants decorative lights, he gets it. We do not need these expensive lights. Prices of these items should be posted for the public to review. Why are the lights on the interstate south of town not working?”
City Engineer Steve Jahnke explained why these types of lights and poles were chosen and that the location of these lights had been extended to a larger area which caused the project prices to increase.
City Manager Victoria Simonsen stated that the purpose of the lighting project is to maintain public safety, create a welcoming entrance, to draw people downtown and to beautify the city. Also, staff called many of the businesses along this area and no one objected to more lighting.
Mayor Summers closed the public hearing.
REQUEST FOR STREET CLOSURES – FESTIVAL OF BANDS
City Manager Simonsen reported that Mr. Richard Hench, Chairman Albert Lea Festival of Bands, has submitted a request for road closures and city support with festival events for the parade to be held on Sunday, June 18th, 2007 between 2:00 p.m. and 6:00 p.m. The parade will follow the same route as last year. The Minnesota Department of Transportation has approved the request to detour traffic to allow for the Festival of Bands parade.
Motion was introduced by Councilor Severtson to grant the request for the street closures for the Festival of Bands to be held on Sunday, June 18th, 2007, seconded by Councilor Brooks. On roll call vote all Councilors voted aye. Mayor Summers declared the motion passed.
REQUEST FOR FINANCIAL AND MAINTENANCE SUPPORT – ALBERT LEA ART CENTER
Grace Skaar, a representative of the Albert Lea Art Center was present and requested funding and maintenance of bathroom renovations. She stated that the restrooms are in desperate need of replacement and repair of the bathroom toilets, sinks and faucets, and would like to request $4,000.00. The City in the past gave monies for maintenance of this building. The building has been sold and is privately owned. Questions were asked regarding the hours that the restrooms are open and access to the public.
Mr. Lanier Pratt stated that there is no signage identifying them as public restrooms, but many businesses will tell customers that they can be used by the public.
Councilor Fjelstad questioned how the City can work out an agreement with a privately owned building.
Motion was introduced by Councilor Erdman to refer this request back to city staff to work out some type of agreement with the Albert Lea Art Center to address its need for replacement and repair of the restrooms and to research the 2007 budget for additional monies for the financial support of this project, seconded by Councilor Brooks. On roll call vote the following Councilors voted aye: Erdman, Rasmussen, Marin, Severtson, Brooks and Mayor Summers. Councilor Fjelstad voted nay. Mayor Summers declared the motion passed.
RESOLUTION 06-235 - PETITION FOR ANNEXATION – GEORGE & ARLYS JENSEN
City Manager Simonsen stated that Mr. & Mrs. George Jensen, 22276 770th Avenue, Albert Lea, MN are requesting annexation into the city limits to allow them to hook to municipal sewer and water services. The property currently has an assessment against it in the amount of $4,210.13 from the construction of a sewer and water line to the area in the past. The Jensen’s are requesting that the construction cost for installing sewer and water lines under the highway to their property also be assessed against the property. The approximate cost of the project is $33,000 which would be assessed to the property over a 15-year timeframe at 5¼% interest. Bancroft Township is aware of the annexation request and supports joint orderly annexation of this project.
Resolution 06-235 was introduced by Councilor Rasmussen, seconded by Councilor Fjelstad. On roll call vote, all councilors voted in favor of said resolution. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-235 included with these minutes.)
DISCUSSION ON PLAN FOR BRIDGE AVENUE CORRIDOR
City Manager Simonsen reported that over the past couple of years the Bridge Avenue Corridor committee has been meeting to review and discuss alternatives for the Bridge Avenue Corridor. Most recently a public meeting was held to receive input from residents regarding the proposed project. The staff and Council/County Representatives that have been involved with these discussions and have made a recommendation to the City Council and County Commissioners to form a separate redevelopment authority to move forward with this project. A redevelopment authority made up of appointed board members would be able to direct the project in a more independent manner. The redevelopment authority would also be able to bond for the project without affecting either the City or the County’s bonding capacity. City Councilmembers need to discuss and decide on how to proceed with Bridge Avenue Corridor plans.
Councilor Brooks stated that he knows there are traffic problems, but feels that we have enough taxing districts and should not create another one.
Motion was introduced by Councilor Severtson to direct the County Attorney and the City Attorney to draft a proposed joint powers agreement and bring it back to the City Council for review and approval, seconded by Councilor Fjelstad. On roll call vote the following councilors voted in favor of said motion: Severtson, Marin, Rasmussen, Erdman, Fjelstad and Mayor Summers. Nay: Councilor Brooks. Mayor Summers declared the motion passed.
RESOUTION 06-236 - AUTHORIZING SMALL CITIES DEVELOPMENT GRANT – SEMCAC AND HRA
Mr. Jon Ford, Executive Director, Albert Lea HRA, requested the Council to pass a resolution that would authorize the HRA and SEMCAC to submit a pre-application for a 2007 Small Cities Grant in the amount of $575,000 to be spent toward housing rehabilitation for owner occupied properties located south and east of Highway 65.
The HRA also requested the City consider in-kind contributions toward the project through the waiving of items such as building permit and inspection fees and special use permits as needed when these properties are rehabilitated. HRA is also requesting that the City consider the inclusion of a survey in the utility bill mailings to expedite the process of determining need and eligibility of families.
Resolution 06-236 was introduced by Councilor Erdman, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marine, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-236 included with these minutes.)
RESOLUTION 06-237 - APPROVING AGREEMENT WITH FREEBORN COUNTY GOVERNMENT CENTER
City Manager Simonsen commented that the City Council and County Commissioners met at a joint workshop on September 21, 2006 to discuss the lease/purchase of city occupied space at the Government Center. A resolution needs to be approved so payments can be made by the City toward the cost of the building. City staff recommends using Police and Fire pension interest earnings to make five annual payments of $270,000 each for the purchase of the city’s portion of building space. In addition to this $1,350,000, the City would agree to pay its portion of annual maintenance costs, communication equipment, and a portion of salaries for records department personnel necessary for operations. A final contract will be drafted once the monetary reimbursements are agreed upon.
Resolution 06-237 was introduced by Councilor Rasmussen, seconded by Councilor Erdman. On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marine, Fjelstad, Severtson, Brooks and Mayor Summers. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-237 included with these minutes.)
RESOLUTION 06-238 - ACCEPTING BID FOR JOB 0607
Sealed bids were accepted for the East Main Street Lighting Project. Bids were accepted separately for the supply of the light pole and the luminary.
Bids received on this project were as follows:
Pole Proposal:
Pennsylvania Globe Gaslight Co. $271,470.00 Illumination Lighting $329,173.44
Luminaire Proposal:
Fresco, Inc. $102,942.00 Pennsylvania Globe Gaslight Co. $127,539.00 Illumination Lighting $ 94,997.85 JT Services of Minnesota, Inc. $132,193.13
Pennsylvania Globe Gaslight Company did not meet the city specifications and was not considered for the pole proposal and Illumination Lighting did not meet the city specifications and was not considered for the luminaries’ proposal.
Bids were awarded to Illumination Lighting in the amount of $329,173.44 for the pole proposal and Fresco, Inc in the amount of $102,942.00 for the luminaries’ proposal.
The city’s portion of the costs will be 70% of the total project and the other 30% will be assessed to property owners showing benefit. Federal funding was requested but this project did not meet the guidelines. The decorative features are being paid for by the City.
Councilor Marin had comments on “needs rather than wants” and stated that he feels that it is a public safety issue. He requested information on whether we needed this lighting every 150 feet. He also questioned whether we need this expensive of lighting and he stated that we are hearing from our citizens that they are struggling financially and cannot pay anymore and we should take this into consideration. Staff should research other ways to pay for this like Police and Fire Pension monies since this is a public safety issue.
Councilor Brooks inquired as to why Wal-Mart is not being assessed and that there is benefit to some of these businesses that are not being assessed. A lot of these businesses being assessed are closed by 5:00 in the afternoon. He had concerns about needs versus wants.
Resolution 06-238 was introduced by Councilor Severtson, seconded by Councilor Erdman. On roll call vote, the following councilors voted in favor of said resolution: Severtson, Erdman, Rasmussen, and Mayor Summers. Nays: Councilors Marin and Brooks. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-238 included with these minutes.)
RESOLUTION 06-239 - AUTHORIZE ADVANCE OF FUNDS TO TIF 5-15
City Manager Simonsen stated that this resolution would authorize the advance of $1,800,000 from the General Fund unappropriated fund balance to Tax Increment Financing District 5-15, known as Broadway Ridge, to pay for improvements within the district. The future increment received from this district would be used to repay this advance over the life of the TIF District. The majority of these funds would be used for the exterior rehabilitation of the Freeborn Bank and Jacobsen Apartment buildings.
Resolution 06-239 was introduced by Councilor Erdman to authorize the advance of funds to TIF 5-15 for Broadway Ridge, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Rasmussen, Fjelstad, Brooks and Mayor Summers. Councilor Severtson was absent during this vote. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-239 included with these minutes.)
RESOLUTION 06-240 - APPROVING A CONDITIONAL USE PERMIT – MUSKIE REALTY- TOM WOBBROCK
City Manager Simonsen reported that the Planning Commission held a special meeting on September 14th and reviewed the conditional use permit application for Mr. Tom Wobbrock, Muskie Realty. The Planning Commission recommended the conditional use permit be granted to allow a cluster development of twenty “for sale” townhome units in ten duplex buildings subject to several conditions. City staff is also recommending approval of the request pending the conditions outlined.
Resolution 06-240 was introduced by Councilor Erdman to approve a Conditional Use Permit for Mr. Tom Wobbrock, Muskie Realty, as presented, seconded by Councilor Marin. On roll call vote all Councilors voted in favor of said resolution. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-240 included with these minutes.)
RESOLUTION 06-241 - PATH EASEMENT FOR LAKEWOOD CEMETERY ASSOCIATION
Engineering staff has been working with the Lakewood Cemetery Association to acquire an easement for a shared user path adjacent to the Lakewood Cemetery. Several meetings have occurred and a route has been identified.
Attached in Council packets is a letter from the Association requesting several items in exchange for the easement. The Association is requesting that the City connect existing waterlines onto the cemetery property and provide water to the cemetery free of charge. The letter also requests that the City maintain the area between the trail and the lakeshore including mowing grass, weed control and litter control. The Association would also request that the City repair and maintain the fence to be constructed between the trail and the cemetery property as well as indemnifying the board from any liability associated with the use or maintenance of the trail. The Board understands they will receive no cash for granting the easement, but request that the road from the trail to the four corners (approximately 300 feet) be blacktopped at the city’s expense.
City staff has reviewed the requests from the Lakewood Cemetery Association and is recommending the following: · Running the waterline to cemetery property using city crews as labor; · Waive the one-time installation fee of the water meter as well as the annual hook-up fee for seasonal use; · Agree to maintain the trails and area; · Install a two-inch layer of bituminous on the steep grade roadway to eliminate run-off onto the trail; · Indemnify the Cemetery Association for any liability associated with the maintenance and use of the trail.
Resolution 06-241 was introduced by Councilor Rasmussen as outlined by staff, seconded by Councilor Erdman. On roll call vote, all councilors voted in favor of said resolution. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-241 included with these minutes.)
RESOLUTION 06-242 - ADOPTING STATE RECORDS RETENTION GUIDELINES
City Manager stated that the City of Albert Lea is required by state statute to adopt a plan for managing governmental records, including the proper retention and disposal of such. This resolution would establish the Minnesota General Records Retention Schedule for Cities as its plan for managing records. The resolution further directs the City Clerk to notify the Minnesota Historical Society/State Archive’s Department of this resolution. Once the State has acknowledged acceptance of the retention policy, city departments will be directed to provide for the retention and destruction of records as set forth in the schedule.
Resolution 06-242 was introduced by Councilor Marin, seconded by Councilor Brooks. On roll call vote, all councilors voted in favor of said resolution. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution 06-241 included with these minutes.)
FOLLOW-UP TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
PUBLIC ITEMS:
Manuel Cantu, 113 McArthur Drive, stated that Service Master has not paid for any permits fees and the company still continues to do business with the city. ServiceMaster has never tried to correct the situation with Mr. Cantu. Mr. Cantu states that the Fire Chief says he is going to ticket him rather than ServiceMaster.
Roger Bok, 1012 Cato Drive, stated he was at the front door of City Hall at 5:45 and the doors are locked and all of the public information regarding tonight’s meeting is locked up and why is that? Why didn’t the Port Authority buy back the Crystal Pierz piece of land? They paid $350,000.00 for it and what are they selling it for, has anyone checked that out? Why did the City Council give the Port Authority $240,000.00 for sewer and water? How much money do we have in Port Authority and why does someone not know that figure. If you read the city charter everything comes under Planning and Zoning. No one knows what is going on, why can’t you discuss this matter one night and then act on it the next meeting. Have you fixed the sidewalk in front of city hall? Also, get the speaker system fixed, put speakers in the back of the room.
John Butler, 610 Krikava Road, had concerns about the conditional use permit for the Realty Company that went through the Planning Commission. I did not receive any correspondence for the special meeting, or information on the traffic study, and I should have been given notice to attend the next meeting when this issue would be discussed. Maybe, Bob Graham should have given notice since there were only two of us there.
WARD ITEMS
First Ward, Councilor Rasmussen: (1) Citizen inquired about making no left turns off of Bridge on to Hawthorne, either direction. (2) Mexican Consulate will be in Albert Lea on October 10, 2006. (3) Staff to draft ordinance to change garbage pick-up time from 5:30 to 6:00 a.m. (4) Supports waiving fees for the residents in using the vacuum truck for sewer hookups.
Second Ward, Councilor Erdman: (1) Barricades needed in parking lot at the Farmer’s Market for Children’s Day – Saturday, September 30, 2006 during the a.m.
(2) Motion was introduced by Councilor Erdman to allow the DAL and Downtown Association to play music during the holiday season beginning with Thanksgiving through December 31, 2006 during store hours, seconded by Severtson. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion passed.
Fourth Ward, Councilor Fjelstad: (1) Staff to check on estimated cost to move Skate Park to aquatic center.
Fifth Ward, Councilor Severtson:
REQUEST FOR WAIVING OF FEES FOR VACUUM TRUCK – ROBERT FJELBROTEN
Councilor Severtson introduced a motion to waive the fees for the six homes hooking up to city services that needed to use the vacuum truck; this motion was seconded by Councilor Marin. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion passed.
Sixth Ward, Councilor Brooks: Nothing
Mayor Summers: Nothing
ADJOURNMENT – 9:20 P.M.
Councilor Marin moved, Councilor Fjelstad 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, October 9, 2006. Roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion passed and the meeting adjourned. |
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