Albert Lea, MN 

September 27, 2004

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, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Absent was Councilor George Marin. 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, KATE Radio and KAAL-TV.

The Pledge of Allegiance was recited.

(a)  LICENSES APPROVED:

 

ANNUAL LICENSES

 

SIGN HANGER

Cross Country Sign & Neon, Inc., 14800 170^th Avenue, Foreston, MN 56330

(b)  RESOLUTION 04-208 ADOPTED – CLAIMS: Resolution 04-208 presents the financial claims of the City.

 

(See Secretary’s Original Resolution

04-208 included with these minutes.)

 

(c)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF SEPTEMBER 13, 2004 AND THE SPECIAL MEETING OF SEPTEMBER 15, 2004.

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

Mayor Eaton opened a public hearing for the adoption of assessments for Jobs 0107/0238, Blake Avenue improvements. The necessary notice for this hearing was published on September 17, 2004.

Stasha Kuiper, 1525 Blake Avenue, asked about the method for distributing assessments and whether everyone in the area was assessed for this project including Albert Lea Electric. City Engineer Jahnke explained the method for distributing assessments and that Albert Lea Electric fronts on Olsen Drive and the City traded right-of-way for assessments.

Roger Bok, 1012 Cato Drive, asked why there are no crosswalks on Blake Avenue at the signal lights. City Engineer Jahnke answered that there is no residential area requiring crosswalks and that the property is zoned commercial. Mr. Bok then asked why there are crosswalks on Highway 65 at Blake Avenue. He also told the Council that the barricades on Olsen Drive are broken.

Quincy Borland, 504 ½ Bridge Avenue, told the Council that the Kuiper’s house is residential and asked whether it was zoned residential before Wal-Mart moved in. He noted that something should be done for the Kuiper’s. Mr. Jahnke told Mr. Borland that the Kuiper’s assessments are deferred for five years.

Harm Kuiper, 1525 Blake Avenue, told the Council that the original letter from the City said that the assessments would be deferred until they sell their property. He also stated that they were never notified of a zoning change. He noted that everything west of Blake Avenue should be zoned residential.

Kevin Blake, 1515 Blake Avenue, told the Council that he got a letter saying his property was deferred. The section was highlighted and there was verbal discussion at that time.

Additional discussion included a comment that the letter was sent at the time the property was being prepared for Wal-Mart, the fact that the City has no letter in the file with this promise.

Councilor Kron then moved to defer this resolution until the issues could be resolved. The motion died for lack of a second.

After additional discussion, Councilor Fjelstad moved that the assessments be adopted. Councilor Brooks seconded the motion with the understanding that the staff will meet with the Kuipers. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried, the public hearing closed and the assessments adopted.

(See Secretary's Original Resolution

04-209 included with these minutes.)

Jon Ford, Executive Director of the Housing and Redevelopment Authority, presented the Authority’s Annual Report. Mr. Ford explained that the Public Housing Program has an annual budget of $850,000 and assets totaling more than $3.76 million. The Public Housing occupancy has increased from 67 percent in 2002 to 88 percent in 2004. The Authority owns 179 units and subsidizes 155 Section 8 units. The Section 8 program has a budget of more than $533,592. The utilization rate for Section 8 was 63 percent in 2003 and has improved to 93 percent in 2004. The HRA has expanded outside of the City of Albert Lea and has found this to have a positive impact. The HRA goal is to maintain the utilization rate at or above 97 percent. The last audit declared the HRA as financially sound.

Mayor Eaton asked whether there were any units available for flood victims and Mr. Ford commented that he didn’t believe so but agreed to contact the Red Cross office.

Councilor Brooks said that he has been in the high rise and that the building is filling up. He noted that some of the scattered sites are being sided and that they look good.

The visiting Cub Scout Pack 105 from St. Theodore’s departed at this time and Mayor Eaton thanked them for joining the meeting.

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

Regarding the house on Ulstad Avenue needing clean up, the owners have experienced medical problems and have been given a two week extension for clean up of the property.

Frank Avenue costs were $943,764 total cost with a $1.1 million original estimate. The cost of the sidewalk repairs was $7500 and was charged to the City’s street maintenance account.

The Blake Avenue lane improvements were paid by the contractor.

Weed enforcement in Albert Lea ends on September 15 each year and the height of the grass must be 9 inches or more before action is taken.

The garage at 1016 Cato Drive with the canvas cover was checked by the building inspectors and is being permitted temporarily. The Inspection Department will follow up.

The house with the lean-to which was built without a permit was inspected by the building inspectors and appears to have been in place for some time.

The City permits 2 dogs and 2 cats at each residence in Albert Lea.

Regarding the weeds at the former Farmland site, the perimeter is being cleaned but nothing is being done with the dirt piles.

The lighting at St. Theodore’s will be checked out by Mike Ellis.

The City is waiting for a timer part to come in to repair the lights on Clark.

East Main lights are out of the City’s jurisdiction and the complaint has been forwarded to the appropriate agency.

Regarding the fountains in Fountain Lake, the middle fountain is too strong and is creating a mist. The Park staff will adjust it when time permits.

Alamco has been informed that they are permitted to burn wood only and nothing else.

With regard to the house on South Shore Drive with the 7 to 12 vehicles in the backyard, the house is in the City and the lot behind the house is in the County. The County has been notified.

Signage at the Virginia Place Park will be taken care of when time permits.

Roger Bok, 1012 Cato Drive, told the Council that he had informed his Councilor of the lean-to and the shingles and nothing was brought before the Council. He noted the lean-to is built out of old materials and a fireplace installed and that the canvas was put on three years ago. He commented that the City should have done two resolutions for the assessment projects. The minutes should be read. Mr. Bok noted that the Wastewater Treatment Plant has released methane gas into the air for ten years and now they are getting a plaque for pollution prevention.

Mayor Eaton opened a public hearing for Ordinance 81, 3d, rezoning the Albert Lea Medical Center property at the southeast corner of Grace Street and Vinehurst Avenue from R-3 to PD. The necessary notice for this hearing was published on September 17, 2004.

No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 81, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

81, 3d included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 82, 3d, accepting the Minnesota Office of Strategic and Long Range Planning Annexation Order for the Borst property in the Way-Lor Subdivision in Section 20-T102N-R21W. The necessary notice for this hearing was published on September 17, 2004.

Miles Pechacek, 324 East William, asked where the property is located. Councilor Brooks explained that the property is right before the church on South Broadway.

On roll call vote, all Councilors voted in favor of Ordinance 82, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance

82, 3d included with these minutes.)

City Manager Simonsen explained that this resolution permits a triplex dwelling within the PD Planned Development District.

Councilor Erdman moved, Councilor Amundson seconded, that Resolution 04-210, approving the Bay Oaks 2^nd Addition Administrative Survey, 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

04-210 included with these minutes.)

Mayor Eaton explained that this resolution confirms the Freeborn County Board of Commissioners resolution declaring a local emergency disaster. The resolution formally declares a local state of emergency for the City within Freeborn County requesting both the state and federal government relief to assist residents, families, businesses and local government agencies.

Councilor Amundson moved, Councilor Kron seconded, that Resolution 04-211, confirming Freeborn County’s declaration of emergency disaster, 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

04-211 included with these minutes.)

Mayor Eaton explained that the Council met on Monday, September 20 at 5:30 p.m. to review the performance of the City Manager during her six-month probationary period. As per the employment agreement, the Mayor and Council conducted a performance evaluation and concluded that Ms. Simonsen has successfully completed her probationary period with the City. The next performance review is scheduled for April 2005.

Councilor Amundson moved, Councilor Kron seconded, that the City Manager’s completion of her probationary period, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the probationary period complete.

Mayor Eaton announced that the City has been informed that the distributed generation project at the Albert Lea Wastewater Treatment Plant will receive a MnGREAT! Award at a celebration ceremony on October 13, 2004 at the WasteWise annual meeting in Eagan. She congratulated Rick Ashling and the Wastewater Treatment Plant staff for this achievement.

City Manager Simonsen reported that this ordinance permits the rezoning of the Hill’s Gardens property at the northeast corner of C.S.A.H. 46 and Lake Chapeau Drive from R-1 Single Family to B-2 Business District. She noted that the Planning Commission held a public hearing on September 23, 2004 and made a recommendation regarding this request.

Councilor Amundson introduced Ordinance 83, 3d. Ordinance 83, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary's Original Ordinance

83, 3d included with these minutes.)

City Manager Simonsen reported that this ordinance permits the rezoning of the former Starlight Drive-In Theatre site and the Pro Trucking area from R-1 Single Family to I-1 Limited Industrial District and I-2 Industrial District. She noted that the Planning Commission held a public hearing on September 23, 2004 and made a recommendation regarding this request.

Councilor Kron introduced Ordinance 84, 3d. Ordinance 84, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary's Original Ordinance

84, 3d included with these minutes.)

City Manager Simonsen explained that of the residential single family homes in Albert Lea 0 were destroyed, 14 received major damage, 64 received minor damage and 585 were affected by the recent flooding. Also one mobile home and seven apartment complexes were damaged. She noted that 65 additional homeowners have called today to report structural damage. Approximately 10 percent of the homes in the City were affected by the heavy rains and flooding. Twenty-one businesses received approximately $682,000 in damages not including loss of business. The City estimates its losses at $807,000 which include the replacement of the Pearl Street lift station, shoreline stabilization, debris clearance, overtime and work at the dam. Mayor Eaton said that Sheriff Harig had announced that the damage estimates for Freeborn County are approximately $2 million.

Mayor Eaton announced that the names of people who filed a damage assessment were provided to the City to pick up flood debris curbside.

Ms. Simonsen noted that FEMA and the National Red Cross will make recommendation to the Governor on whether or not he should request the President for a national disaster declaration. Loans may become available soon for certain forms of assistance, such as appliance, furniture and water heater replacements. We may know as soon as October 1. Anyone interested in assistance should contact the Red Cross to get on the list to have their properties assessed.

(1)  Thanked Councilors Erdman, Fjelstad and Brooks for their help in cleaning out properties.

(2)  Congratulated John Bennett on his retirement from the City on September 30 after 32+ years of service.

(3)  Reminded the public that the City clean up will be this week and that the City will continue to pick up flood damaged goods. She noted that the County hazmat pick-up occurred today.

(4)  Thanked the City staff for all of their efforts during the flood, especially Steve Jahnke and Sue Miller who stepped forward and got the numbers needed by FEMA.

(5)  Next week is Fire Prevention Week culminating in an open house at the fire station on Saturday, October 9 from 1 p.m. to 3 p.m.

(6)  Invited everyone to take part in the Minnesota Design Team visit and announced the various activities occurring during the visit including lunches, walking tours, a community dinner and the presentation to the community.

First Ward, Councilor Amundson:

(1)  Noted that there was an issue with a resident on Marie Avenue who had sewage backup and asked whether the City has a plan to alleviate this in the future and the fact that the fairgrounds property contributes to the water problem. There is a shut off on the fairgrounds which had been turned off prior to the rain. The resident suggested perhaps the City could start pumping earlier. He asked if the City has any plans for improvements in this area.

Second Ward, Councilor Erdman:

(1)  Thanked the City staff for dealing with the pressure and stress created by the flooding.

(2)  He commented that the Sentence to Serve program had worked during the clean-up and wanted everyone to know that they had done a terrific job.

(3)  Expressed his sympathies to those residents suffering damages caused by the heavy rains and flooding.

(4)  Asked that the storm water lift project for the Eighth Avenue area be done as soon as possible.

(5)  Asked that the Council do some long range planning for the East Main Street area. He noted that the area was closed for 11 days and that when it flooded in May 2001 the area experienced similar flooding and was closed for about the same amount of time. When the City raised Front Street by two feet last year, it kept the area from flooding for the first time ever. Suggested that the City apply for federal or state funding to help us do a holding pond, vacate buildings, etc. The Council needs to begin making plans for a solution.

(6)  Asked if we still have extended hours at the transfer station. City Manager Simonsen explained that we did for a couple of days but have returned to the normal schedule. He asked if we would be extending hours for depositing leaves.

(7)  Received a request from the Art Center and has given it to the staff for recommendation. The Center is experiencing a difficult time with funding cuts and have asked for a waiver or reduction in the downtown parking maintenance district assessment.

Fourth Ward, Councilor Fjelstad:

(1)  Received five calls about an accident at Giles and Claussen asking for a stop sign on the corner stopping Claussen. The callers noted that there have been many near misses and that there are now more children in the area. He noted that Giles isn’t stopped anywhere and that Claussen is stopped at Sheridan only. Ms. Simonsen explained that there is usually a threshold that needs to be met prior to stop signs installed and that the Engineering Department will be reviewing this issue.

Fifth Ward, Councilor Kron:

(1) Received a request for a handicap stall in front of 340 South Broadway.

Sixth Ward, Councilor Brooks:

(1)  Received several calls from the neighbors around Memorial Park. When soccer games are held in that park, there are approximately 200 to 250 people present and no adequate parking.

(2)  Received calls from residents on Railroad Avenue. The City is filling in low spots with gravel. He asked if the gravel is coming from the Farmland property. City Engineer Jahnke will check into this. Brooks noted that people are complaining that there is glass and nails in the gravel being laid down.

Councilor Amundson 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, October 11, 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 28, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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