City Council Minutes

Albert Lea , MN September 26, 2005

Pastor Jay Dahlvang, Salem 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 Aaron Summers.

ROLL CALL

Present were Councilors Vern Rasmussen, Randy Erdman, Jeff Fjelstad, George Marin, John Severtson, Al Brooks and Mayor Aaron Summers. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune and KATE Radio.

The Pledge of Allegiance was recited.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF SEPTEMBER 12, 2005 AND THE SPECIAL MEETING OF SEPTEMBER 19, 2005.

(b) RESOLUTION 05-189 ADOPTED – APPROVING LAWFUL GAMBLING PREMISE PERMIT: Resolution 05-189 approves the lawful gambling premise permit for the Union Center, Inc. at the Sportsman Tavern, 216 East Clark Street .

(See Secretary's Original Resolution 05-189 included with these minutes.)

(See Secretary's Original Resolution 05-190 included with these minutes.)

Councilor Brooks moved, Councilor Erdman seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Summers 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:

In response to a request for bicycle lanes in the downtown and to Wal-Mart, the Engineering Department has looked at this possibility. In the downtown, parking on one side of the street would need to be eliminated and the State traffic rules do not recommend bicycle lanes where diagonal parking is used. With regard to the bicycle lane to the Wal-Mart area, the City has a shared user path with a long-range plan to include the Wal-Mart area. This path will use the existing path to the state park then it would run north on 767^th Avenue to Southeast Marshall then east to Blake Avenue and north to the Wal-Mart area. Ms. Simonsen noted that this is a long-range plan and that staff would like to finish the path around Fountain Lake first.
With respect to the statement that the proposed budget needs to be published, the Charter requires that a notice of budget consideration at the first meeting in September must be published twice in the newspaper to include a statement that copies are available for inspection.
A statement was made that library hours must be set by the City Council. City Code Section 2-136 states that the librarian is the head of the department and shall supervise and control the public library. The librarian shall establish and enforce rules and regulations for the use of the library, shall have charge of all functions pertaining to the city library and shall exercise executive direction over staff.
Mr. Murtaugh requested a copy of the specifications for the new bridge lighting. These were mailed to him.
A question was raised as to whether Staff has considered other options to the Lake Chapeau area. Staff has looked at other options and it appears that the Sunset Street extension is the most efficient way into the area. Ms. Simonsen also noted that she has begun negotiations with Mr. Dress.
A bush on the boulevard at Court and Euclid was reported as obstructing vision at that intersection. The Inspection Division is working with the property owner.
John Reid expressed concern regarding the cable TV franchise. He has requested the Council consider offering a discount rate for seniors and a change in channel selection to include metro stations. Ms. Simonsen has been in contact with the Charter Government Representative, Tucker Carlson. Mr. Carlson explained that twin cities major network stations are not allowed in the Albert Lea area as they will directly compete with the local stations. With regard to senior discounts, nothing prohibits a senior discount but it is a Charter Communications business decision not to offer one.

RESOLUTION 05-191 ADOPTED – ADOPTING ASSESSMENTS FOR JOB 0401 – PUBLIC HEARING

City Manager Simonsen explained that this is a public hearing for the purpose of adopting assessments for Job 0401, Richway Drive reconstruction from Lakewood Avenue to Country Club Road . The final payment has been made and final project costs have been compiled, totaling $109,832.36. The City cost of the project is $53,758.54 with an assessable cost of $56,073.82. The assessments for property owned by the Albert Lea Golf Partners, LLC shall be deferred until such time as the property is developed. The assessments for property owned by Kyle & Rosemary Olson shall be deferred until such time as the property is developed. Owners will be charged 6% interest beginning September 26^th, 2005, for remaining unpaid assessments. The necessary notice for this hearing was published on August 26, 2005.

Mayor Summers opened a public hearing for this purpose. No public comment was received.

Councilor Rasmussen moved, Councilor Marin seconded, that Resolution 05-191, adopting assessments for Job 0401, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary's Original Resolution 05-191 included with these minutes.)

RESOLUTION 05-192 ADOPTED – ADOPTING ASSESSMENTS FOR JOB 0409 – PUBLIC HEARING

City Manager Simonsen reported that this is a public hearing for the purpose of adopting assessments for Job 0409, Neighborhood Improvement Project. This project involved the milling of the edges, bituminous overlay, replacement of sunken curb and gutter, and sidewalk repair of residential streets in the west and southeast parts of the City. A total of 4.64 centerline miles of street were overlayed. On average the final assessment rates are 15% less than proposed. The total project cost was $642,662.31 with the City paying 25% of the cost and 75% to the property owners. These amounts do reflect an adjustment to the property located at 408 Bel Aire Drive which was originally assessed at $6,608.35 and has been recommended for reduction to $2,258.34 due to the unusual shape of this property. The assessment for deferment of special assessments for Robert Schauberger, 406 E. 9^th St. , shall be deferred until such time as the property is sold or transferred. The necessary notice for this hearing was published on September 12, 2005.

Dennis Dieser, representing the Family Y, asked how long they will have to pay these assessments. Ms. Simonsen responded that the assessments will be spread over a 15- year period at six percent interest.

Councilor Brooks noted that this project was long overdue but noted that he had questions on the job performance. He reported that he has gone out with representatives of the Engineering Department and discussed complaints with residents. He understands that a lot of the problems will be corrected by themselves next spring. He also suggested that with future projects staff identify a different way to replace boulevards. The residents want their yards to look as nice or better than when the project started.

Councilor Brooks moved, Councilor Severtson seconded, that Resolution 05-192, adopting assessments for Job 0409, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary's Original Resolution

05-192 included with these minutes.)

RESOLUTION 05-193 ADOPTED – A RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY – PUBLIC HEARING

City Manager Simonsen reported that the City is conducting a public hearing concerning the approval of the issuance of revenue bonds by Colorado Health Care Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society. Although the City held a public hearing at its last meeting, the public notification of the public hearing identified September 26, 2005 as the public hearing date. Therefore, the City is conducting an additional public hearing concerning this issue. The necessary notice for this hearing was published on September 9, 2005.

Federal tax law requires a public hearing and approval by the governing body as a pre-requisite for issuing tax exempt bonds. Proceeds of the bonds in the amount of $3,000,000 will be used to finance the acquisition, construction, improvement and equipment of a 24-bed assisted living facility at the Albert Lea Good Samaritan Center.

The issuance of the bonds will not constitute a general or legal obligation on the part of the City, its Council, or the Colorado Health Care Facilities Authority. The bonds shall be payable solely from said revenues and property of the Society specifically pledged to the payment of the project.

There was no public comment.

Councilor Brooks moved, Councilor Severtson seconded, that Resolution 05-193, consenting to the issuance of the revenue bonds on behalf of the Good Samaritan Society, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary's Original Resolution 05-193 included with these minutes.)

RESOLUTION 05-194 ADOPTED – WAIVING ASSESSMENTS FOR 418 EUCLID AVENUE – PUBLIC HEARING

Ms. Simonsen explained that the City Council has received a request from Mr. E. Keith Duncan, 414 Euclid Avenue , to purchase the property located at 418 Euclid Avenue , which has been returned to the State for forfeiture of taxes. The current assessments on the property total $11,200 for demolition of the structure previously located on this property and on-going lawn care conducted by the City. Mr. Duncan is requesting that the assessments on this property be waived, at which time he would purchase it from the State for a price of $500. Planning staff feel that this property is developable, and should not be sold without the assessments being paid. They are suggesting that the Council wait for completion of the housing study. The necessary notice for this hearing was published on September 16, 2005.

There was no public discussion.

Council discussion centered on the fact that properties in this area don’t seem to develop as quickly as other neighborhoods, a request for a stipulation that the purchaser keep the property, the fact that the lot has been vacant for several years and that if not sold the City would need to maintain it and a desire to know the value of the lot.

After Council discussion, Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-194, waiving assessments for 418 Euclid Avenue , be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Summers declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary's Original Resolution 05-194 included with these minutes.)

PUBLIC ITEMS

Craig Besco, 2305 Gene Avenue , requested the Council permit a bonfire for high school homecoming week. The Student Council hasn’t approved a bonfire for the past couple of years and it is a high school tradition. He has approached the school and was informed that the Student Council would need to support a school sponsored bonfire. He was also informed by the principal that it is too late to organize a bonfire. A petition was circulated at the school and gathered many signatures. He has talked with the Fire Department and they will be present to extinguish the fire, several adults will act as chaperones for the event, he has organized a flatbed trailer for entertainment, a band and cheerleaders, Power 96 will broadcast live and Lou-Rich and Streater will donate pallets for burning. There will also be a fence erected around the fire. He asked the Council to approve and support the bonfire.

Mayor Summers asked Mr. Besco where he intended to have the bonfire. Mr. Besco stated that he would like to use the gravel portion of the City Arena parking lot on Thursday, September 29, from 9 p.m. to approximately 10:30 p.m.

City Manager Simonsen stated that it was the Student Council’s decision not to pursue a bonfire this year. She noted that Mr. Besco has organized the bonfire and that the City is willing to provide police and fire personnel. Mr. Besco noted that last year’s Student Council chose not to have a bonfire and this year’s council followed last year.

Councilor Rasmussen moved, Councilor Brooks seconded, that the request for a bonfire be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the bonfire approved.

Roger Bok, 1012 Cato Drive , stated that Ms. Simonsen missed responding to his request for the cost to hook-up the sump pump. He also stated that sump pumps can run in the street in summer and must run in the sewer in the winter. City Engineer Jahnke stated that it cost $2500 to correct the problem and also that it is not against City ordinance to run the sump pump into the street in the winter. Residents are permitted to put it in the sewer during the winter months. Because the sump pump is outside the home, it is more feasible to run it into the sewer system.

Mr. Bok then raised the issue of the sludge hauling contract. He asked whether the contractor is bonded and whether others were aware that City trucks would be used to haul the sludge. He also stated that the City spent $400,000 on the previous contract and should itemize the tickets.

Mr. Bok then stated that there has never been a public hearing on the extension of Sunset Street. It was supposed to have been put in at the time Fountain Street was widened. He also raised the issue of the Poole property. A road was supposed to go down Clark Street and signal lights were to be installed at Main and Clark and it was supposed to run behind the Union Center . Will the public be able to own property down there and use the road. Does the Poole property meet City Code?

John Reid, 808 Ulstad Avenue , called the Rochester Charter office repeatedly and received cooperation. Each time he called, they don’t know who he is or what he is calling about. Mr. Reid then read portions of the letter received from Tucker Carlson. He noted that discounts for senior citizens are permitted under federal law and are enforced by the local government. He discussed the increases occurring over the past several years. City Manager Simonsen stated that nothing prohibits senior discounts from being negotiated and if the Council chooses we can hold a public hearing or the Council may choose to direct her to negotiate with Charter. When asked what he is requesting of the Council, Mr. Reid stated that he wants reduced rates for seniors.

After Council discussion, Councilor Fjelstad moved, Councilor Marin seconded, that the City Manager draft a letter to the Charter corporate office requesting a 15 percent discount for senior citizens. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried.

Mayor Summers then acknowledged the seven seniors from Mr. Brist’s class in attendance at tonight’s Council meeting and asked them to introduce themselves.

Mike Murtaugh, 313 Willamor Road , thanked Mr. Jahnke for sending the specifications on the new bridge lighting. He then turned his attention to the Tiger Hills negotiations. He stated that it was mentioned at the September 12 meeting that Tiger Hills is a private development and chose to locate where they are. He agreed with the assessment change. The agreement to split the cost of the lift station and the turning lanes will cost the City and its citizens $167,000. Another statement was made that the City is partnering with the developers. He noted that these developers are not doing this for the public good, they are doing it for the money. He feels that the City Council set a precedent by agreeing to these terms. There is already another developer on tonight’s agenda requesting consideration. Ms. Simonsen noted that the $167,000 will not be coming out of the bond funds but will be paid for through the general fund next year.

REQUEST TO CLOSE ELIZABETH AND PEARL APPROVED

Ms. Simonsen reported that Al Stadheim of Alliant Energy is requesting the closure of Pearl Street and Elizabeth Avenue on October 5, 2005, from 7:00 a.m. to 3:30 p.m. Alliant Energy would like to hold their Annual Safety Rodeo at this location. The extra room provided by the street closure is essential to allow for the large group of employees that attend this event.

Councilor Severtson moved, Councilor Erdman seconded, that the request to close Elizabeth and Pearl on October 5 from 7 a.m. to 3:30 p.m. be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request granted.

REQUEST TO CLOSE FOUNTAIN STREET APPROVED

City Manager Simonsen reported that the Fire Department is requesting the closure of Fountain Street between Newton Avenue and Bridge Avenue on Saturday, October 15, 2005 from 12:00 noon to 4:00 p.m., to hold their annual Open House. This location has been barricaded in previous years with no concerns noted.

Councilor Severtson moved, Councilor Rasmussen seconded, that the request of the Fire Department to close Fountain on October 15 from 12 noon to 4 p.m., be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request granted.

REQUEST FROM LARRYLAND LLC REGARDING PUBLIC IMPROVEMENTS TABLED

City Manager Simonsen stated that Larry Petersen, President, Larryland, LLC has submitted a letter requesting that the cost of sewer, water, curb, gutter and street for the current public right‑of‑way between Garfield Avenue and the entrance to Larryland be paid at 100% by the City. Sorenson Bros. of Albert Lea has estimated the cost of this improvement to be $46,097.44.

Councilor Marin noted that the City has a signed development agreement with Mr. Petersen. Councilor Fjelstad requested the City Manager provide some history for the Council. Ms. Simonsen suggested the Council table this request to the next Council meeting. The staff will look at this request and bring it back to the Council.

There was no action on this request.

PRESENTATION OF HRA ANNUAL REPORT AND BUDGET

Jon Ford, Executive Director of the Housing and Redevelopment Authority, appeared to present the HRA’s annual report and budget to the City Council. Mr. Ford explained that the current HRA administration was put in place in November 2002. Once established the administration decided on a number of goals they believed were important for the agency to achieve, and then established time frames in which these could be attained. The results of some of the efforts of administration by working to accomplish the objectives identified were described for the Section 8 program, public housing and HUD assessments.

Mr. Ford concluded that the results of the efforts to accomplish the objectives provide evidence of much needed improvements in both of the HUD housing programs that are administered by the HRA. Not only does the increase in occupancy in these programs support this opinion, but in Public Housing alone the revenues for the program improved by more than $130,000 (23 percent) from fiscal year end 3/31/04 to fiscal year end 3/31/05. He noted that achieving the “high performer” status in the Section 8 Housing Program also speaks supportively of these efforts. He noted that while he believes the HRA has experienced many successes in its efforts; he understands that the work is not finished and administration’s efforts to continue to improve and expand the community and agency objectives will continue.

Councilor Rasmussen commended Mr. Ford for his work. He noted that he is impressed with the department and that they do an exceptional job. Councilor Marin agreed with Councilor Rasmussen’s comments. He stated that Mr. Ford and the HRA Board have improved the services of the HRA and the improvements never cease.

There was no action on this presentation.

RESOLUTION 05-195 ADOPTED – APPROVING COUNTY STREET SWEEPING

City Manager Simonsen explained that the County Engineer is requesting City assistance to have the roadways in the surrounding towns swept in the spring of 2006. Previously, the City of Alden had swept the western towns and Mower County had swept the eastern towns within Freeborn County . Both of these entities have indicated that they no longer want to perform this service. The County has requested that the City supply a sweeper and operator at a cost of $75.00 per hour, and the County would supply the trucks and labor for hauling the material. It is estimated that the sweeping would take approximately 11 days. City staff is recommending approval of the request to conduct this service.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that the request to assist the County with street sweeping be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

05-195 included with these minutes.)

ORDINANCE 95, 3D ENACTED – RELATING TO SUNDAY LIQUOR SALES – PUBLIC HEARING

Ms. Simonsen stated that this is the second reading and public hearing of an ordinance to change the time for Sunday liquor sales to comply with State law. The State Legislature has changed the hours of operation for establishments to which special Sunday on-sale liquor licenses have been issued. Under the new legislation, intoxicating liquors may now be served between the hours of 10:00 a.m. on Sunday until 2:00 a.m. on Monday in conjunction with the serving of food. The City’s current ordinance allows liquor to be served between the hours of 12:00 noon on Sunday until 1:00 a.m. on Monday. This ordinance would change the current law to match the new state law. The necessary notice for this hearing was published on September 16, 2005.

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 95, 3d with the exception of Councilor Marin who voted nay. Mayor Summers declared the motion carried, the public hearing closed and the ordinance enacted.

(See Secretary's Original Ordinance 95, 3d included with these minutes.)

RESOLUTION 05-196 ADOPTED – GRANTING VARIANCE TO 2307 GREENWOOD DRIVE

City Manager Simonsen reported that Steve & Lisa Dulas own a lot at 2037 Greenwood Drive and are requesting a variance to build a single-family dwelling that will encroach on the setback on the west property line 8 feet 6 inches and on the southwest side 5 feet. The Board of Appeals heard the request and recommended approval of the request subject to the style of house built on the lot.

Councilor Fjelstad moved, Councilor Rasmussen seconded, that Resolution 05-196, granting a variance to 2307 Greenwood Drive , be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-196 included with these minutes.)

RESOLUTION 05-197 ADOPTED – APPROVING NEWBURY PROJECT CONDITIONAL USE PERMIT AMENDMENT

City Manager Simonsen explained that the Planning Commission held a public hearing on September 22 and is recommending that the City Council approve the application of Newbury Development Company to amend their conditional use permit to allow construction of 24 additional townhomes to the existing Pickerel Park Development located at the southwest corner of Highway 69 & W. 9^th Street subject to the conditions outlined in the resolution.

Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-197, approving the Newbury Project Conditional Use Permit amendment, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-197 included with these minutes.)

CALLING A BUDGET WORKSHOP

Mayor Summers requested a budget workshop on October 25, 2005 at 5 p.m.

Councilor Severtson moved, Councilor Marin seconded, that a budget workshop be scheduled for October 25 at 5 p.m. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the budget workshop called.

RESOLUTION 05-198 ADOPTED – PROPOSING AND REFERRING PROJECT TO CITY ENGINEER FOR FEASIBILITY STUDY AND REPORT

Recent engineering for potential sewer, roadway, and curb & gutter for Pilot Street has lead to a discussion with developers and landowners regarding the potential to extend Hi-Tech Avenue directly south of its existing location and vacating Milron Street to establish this extension. This resolution allows city staff to proceed with the feasibility study to determine if the extension of Hi-Tech Avenue to Rowe Lane would allow for future development to occur in this area. One of the benefits of relocating this street is that it would provide an alternative traffic route parallel to Bridge Avenue to allow traffic in this area to utilize another roadway. The project would also improve storm water drainage, and would allow for the improvements and paving of Pilot Street to allow business and industry to utilize this road. The feasibility study would include surveying and cost analysis this fall; public meetings held over the winter months; with the project being bid in the spring if it is feasible. The cost of conducting the feasibility study involves staff time and equipment.

After Council discussion, Councilor Rasmussen moved, Councilor Severtson seconded, that Resolution 05-198, proposing and referring the project to the City Engineer for a feasibility study and report, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-198 included with these minutes.)

RESOLUTION 05-199 ADOPTED – APPROVING RENDEZVOUS AGREEMENT

Ms. Simonsen explained that this is a Special Event Concession Agreement between the City of Albert Lea and the Big Island Rendezvous and Festival, Inc., a non-profit corporation. The concessionaire desires to conduct a historic festival within the confines of Bancroft Bay Park from September 19^th, 2005 to October 7^th, 2005. The agreement outlines the concessionaire’s duties and the City’s duties regarding the event, as well as indemnification of the City from any and all claims. The concessionaire is required to obtain general liability insurance, including coverage for the muzzle loaders. No alcoholic beverages may be sold or permitted in the park during the festival. No parking on the field or the prairie land will be permitted.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 05-199, approving the Rendezvous agreement, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-199 included with these minutes.)

RESOLUTION 05-200 ADOPTED – RELATING TO CITY FINANCES: REIMBURSEMENT RESOLUTION

This resolution is required to comply with federal regulations regarding the City reimbursing itself for project expenditures with the proceeds of tax exempt bonds. This resolution is the official declaration that the City will comply with redevelopment regulations and develop procedures identifying that the proceeds of tax exempt governmental bonds will be used to reimburse prior expenditures.

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 05-200 relating to city finances, reimbursement, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-200 included with these minutes.)

STAFF DIRECTED TO NEGOTIATE A PROPOSAL FOR HIGH SCHOOL TENNIS COURT PROJECT

City Manager Simonsen explained that District 241 is proposing to build eight new tennis courts on a piece of property owned by the District and located just north of the new high school. The cost to complete this project is estimated to be around $250,000. The school district has approached the City about the possibility of sharing in the cost of this project.

The City currently owns and maintains two sets of three courts located near the aquatic center. One of the sets is in poor condition and in need of major renovation to bring it back to good playing condition. Estimates indicate it may cost up to $100,000 to fix them properly.

At the September Park & Recreation Board meeting, it was recommended that the City consider partnering with the school district on this project up to a cost of $100,000. A joint use agreement to guarantee the public’s right to use the courts would also need to be adopted. This item is currently not included in the 2005 Budget or in the Proposed 2006 Draft Budget.

She commented that the school district has indicated that they would be willing to look at the existing lights and fencing and will reuse them if possible. The courts were painted in 2000/2001 but haven’t been surfaced for at least 18 years.

Bruce Olson and Mark Stotts appeared on behalf of the School District ’s request. They noted that the district doesn’t own property; that Riverland owns it. Dr. Prescott has talked with Riverland and requested they donate the property or permit a long term lease.

Mayor Summers asked how many tennis courts are needed and Mr. Stotts replied that eight courts are required to run a meet. They currently use both the Southwest and Channelview courts for a competitive meet.

Dennis Dieser, 1002 Wood Park Lane , explained that using the two sites requires that students be transported. He noted that the Southwest courts have been repaired for the last time and that the Channelview courts are not in good condition. He stated that with the land available this would be a good opportunity for a collaborative effort; the school has $150,000 for courts and if the City is willing to contribute $100,000, the courts could be completed. He also noted that the tennis team is looking at fund raising and that there is an active population of adults that play tennis.

Stotts commented that they could begin construction in 2006. The School District could front the projects with City funds available in 2007. Mr. Olson stated that it is likely that they won’t have the money available again. Mr. Stotts noted that the money will come out of the construction fund.

Ms. Simonsen asked about the school’s schedule for practice and tournaments and the potential availability for public use. Dieser noted that the courts would be available when students are in school and that the tennis team would use them after school. Ms. Simonsen then asked whether the courts would be available for the public during weekend hours. Dieser stated that for the most part they will be available on weekends. He noted that the Channelview court area could be used for other activities.

Councilor Marin asked whether the Southwest courts would be gone in a couple of years. Mr. Stotts replied that the courts would need to be maintained. Mr. Olson stated that the district will need to spend $40-$50,000 from capital budget to do repairs.

Mayor Summers asked if a proposal had been prepared and Mr. Stotts replied that no proposal had been drafted but that the school board is interested.

Councilor Rasmussen stated that he believes the community is asking the Council to look at this, the current courts are in bad condition and the City will need to spend $100,000 to repair them. Councilor Rasmussen moved to direct staff to look at negotiating a proposal with a stipulation that the City cost not exceed $100,000. Councilor Fjelstad seconded the motion.

Councilor Brooks asked that the proposal be sent back to the Parks and Recreation Board for its opinion.

Councilor Fjelstad stated that he has done some homework on this issue and feels that it is to the City’s benefit to spend our money on a new court. He also suggested that perhaps the staff could do a phone in to help decide what to do with the Channelview courts.

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

RESOLUTION 05-201 ADOPTED – ADOPTING A STOP CONTROL POLICY

Ms. Simonsen reported that City staff has drafted and is recommending approval of a Stop Control Policy which would provide a procedure to respond to requests for stop control in residential neighborhoods, and to address the safety and quality of life issues related to these concerns. It is the intent of this policy to address the need for a review, screening, and justification procedure for the installation of stop controls in residential neighborhoods.

Upon receiving an initial request for stop control, the City would provide the interested party with an informational flyer describing the policy and procedure for this action. Along with the flyer, a petition form and instructions for use would be attached in order to obtain support for the stop control. Following the petition process, a site survey and traffic data collection would be scheduled for the intersection. This can only be conducted from May through October due to weather related conditions. The survey would include traffic volume counts on all intersection legs and an approach speed survey on the uncontrolled approaches. A review of site distance, pedestrian use and traffic accident history for the past 12 months would also be completed. This information would be evaluated based on a worksheet system where points are scored for the various criteria. Based on this information and professional judgment of the qualified staff, a recommendation to City Council would be made. This step of the process would be completed within 60 days of receipt of the submitted petition. City staff believes that this policy would provide the citizens of Albert Lea a clear procedure on how stop control is decided and provided and as an educational tool for the public so they can better understand why stop control is not always the best solution.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-201, adopting a stop control policy, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-201 included with these minutes.)

RESOLUTION 05-202 ADOPTED – AUTHORIZING PURCHASE OF SQUAD CARS

City Manager Simonsen explained that three police squad cars are scheduled for replacement in 2005. The City has been leasing vehicles from the State of Minnesota for the past five years. However, our lease agreement on these vehicles has expired and as of today’s date, the State has not released a new bid for vehicle purchases. The Police Department is requesting permission to purchase three replacement squad cars. These vehicles are included in the 2005 budget and the funds are available to cover the replacement cost. The state bid price in 2005 was approximately $23,500 per vehicle. It is estimated that the 2006 bid should be close to that amount. The estimated cost for the purchase of three squad cars is $72,000.

Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 05-202, authorizing the purchase of three new squad cars, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-202 included with these minutes.)

RESOLUTION 05-203 ADOPTED – AUTHORIZING PURCHASE OF MOBILE DATA EQUIPMENT

City Manager Simonsen reported that in the fall of 2004, City Council approved the use of police and fire pension funds to purchase mobile data units for installation in the police department squad cars. At that time the estimated cost of the system was $220,000. Since then we have investigated several options for data transmissions, and have found Microwave Data Systems to be the best option for the City. The new estimate was obtained from vendors and used for bidding purposes. The estimated project cost came in at $245,126. Upon advertisement of bid for the project, only one bid was submitted. Com-Tech submitted the only bid on September 7, 2005 at a total bid cost of $221,287.50. The cost of the software is $66,400. Therefore, the total cost exceeded estimated costs by over $42,000. The main reason for the cost overrun is the inclusion of the project Microwave Data System that was not available at the time of the original estimate. This system will deliver speeds much greater than originally projected and would upgrade the data backbone to allow other departments to use the system without compromising performance. The Freeborn County Sheriff’s Office, city departments, rural fire departments and ambulance service have expressed an interest in joining on the backbone of this system. City staff is recommending the purchase of the mobile data units from Com-Tech at a price of $221,287.50 and the purchase of the software at $66,400.

Councilor Marin moved, Councilor Erdman seconded, that Resolution 05-203, authorizing the purchase of mobile data equipment from Com-Tech at a total price of $287,687.50, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 05-203 included with these minutes.)

UNLISTED ITEMS

WARD ITEMS

First Ward, Councilor Rasmussen:

(1) Requested the speed sign be placed on Greenwood Drive .

(2) Offered congratulations to the current homecoming court.

Second Ward, Councilor Erdman:

(1) Asked for a clarification on the tennis courts. Will the proposal be given back to the Parks and Recreation Board for comment? Ms. Simonsen stated that it can be. She noted that the board wants to be sure that it will be a joint use agreement including public use of the courts.

(2) Received a complaint about garbage, junk and old cars at 104 and 110 South Ermina .

(3) Asked if the City has an ordinance about parking semi trailers and trucks on City streets. It is not allowed in residential districts.

Third Ward, Councilor Marin:

(1) Requested staff look at the possibility of removing parking on one side of South Fourth Avenue and painting it for a walking/biking lane.

(2) Reported that the benefit concert at the high school on Saturday was very successful with several performers. He thanked the attendees for their kindness and generous giving.

Fourth Ward, Councilor Fjelstad:

(1) Asked that the speed sign be place on Garfield in front of Thorne-Crest and noted that it is not high school traffic.

Sixth Ward, Councilor Brooks :

(1) Stated that he had previously reported deer crossings on South Shore Drive . He moved to place a deer crossing sign adjacent to a tree line where the deer seem to cross. Councilor Marin seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Summers declared the motion carried.

(2) He attending the Parks and Recreation Board meeting. The board discussed the placement of a shelter by the Rotary Club at Eastgate Park , the possibility of discontinuing adult softball and noted that the board recommended the City have a written agreement with the School District including a schedule of when the courts will be available to the public.

ADJOURNMENT – 8:59 P.M.

Councilor Severtson 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, October 10, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the meeting adjourned.

Filed and attested September 28, 2005.

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Secretary of the Council Mayor

2005 and archived minutes

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