September 11, 2006
Pastor Glen Stevens, Crossroads Evangelical Free 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, Jeff Fjelstad, John Severtson and Al Brooks. Absent: Councilor Marin. 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 AUGUST 28, 2006.
(b) LICENSES APPROVED:
ANNUAL LICENSE(s)
SIGN HANGAR
Schad-Tracy Signs, Inc., 325 Minn. Ave. N., Oronoco, MN
TEMPORARY LICENSE(s)
OFF PREMISES LIQUOR SALES
Aragon Bar, 130 W. College, Albert Lea, for a dance at the National
Guard Armory on September 23, 2006.
PUBLIC DANCE
Jason Abrego & Allison Indrelie, 710 Freeborn Ave., Albert Lea, for a
Wedding dance at the National Guard Armory on September 23, 2006.
(c) CALLING A SPECIAL MEETING – CANVASS OF PRIMARY ELECTION
City Council will call a special meeting for Wednesday, September 13th at 4:00 p.m. to canvass the Primary Election. The meeting will be held in City Council Chambers.
(d) RESOLUTION 06-216 – AUTHORIZING INTERNAL LOAN FOR ADVANCE OF LAND ACQUISITION COSTS IN CONNECTION WITH TIF DISTRICT 5-13
This resolution would authorize the internal loan between the Port Authority and the City of Albert Lea for the land acquisition costs in connection with Tax Increment Financing District 5-13 relating to the Larson Manufacturing project. The details of this loan were discussed at the August 14, 2006, City Council meeting. This resolution specifically identifies the agreement between the City and the Port Authority.
(See Secretary's Original Resolution
06-216 included with these minutes.)
(e) RESOLUTION 06-217 - ACCEPTING ADMISSION AND PROPOSED ORDER – WOK “N” ROLL
The owners of Wok “N” Roll Buffet of Albert Lea have admitted to violating the Best Practices Policy when on May 5th, 2006 an employee sold alcohol to an underaged individual as part of an alcohol compliance check conducted by the Albert Lea Police Department. The owner agrees to a $175.00 civil penalty and a one-day suspension of the liquor license. The civil penalty was paid on August 28, 2006 and the liquor license was suspended on August 15th, 2006.
(See Secretary's Original Resolution
06-217 included with these minutes.)
(f) RESOLUTION 06-218 ADOPTED – APPROVING CLAIMS: Resolution 06‑218 presents the financial claims of the City.
(See Secretary's Original Resolution
06-218 included with these minutes.)
Councilor Brooks moved, Councilor Severtson seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the resolution passed and the consent agenda items adopted.
REQUEST FOR WAIVING BUILDING PERMIT FEES - ALMC
Dr. Mark Ciota, President & CEO of Albert Lea Medical Center, has submitted a request for the City of Albert Lea to partner with the Medical Center on their patient services expansion project by waiving the building permit fee that is required. The Medical Center has been able to set aside most of the funds for their project through patient generated resources and a capital campaign and are requesting the City’s commitment to new business recruitment and expansion by waiving the $67,440.00 building permit fee.
Motion was offered by Councilor Severtson to set a public hearing regarding the request for waiving building permit fees for the Albert Lea Medical Center, seconded by Councilor Brooks. Ayes: Mayor Summers, Councilor Severtson, Brooks, Erdman and Fjelstad. Councilor Rasmussen abstained. Mayor Summers declared the motion passed.
REQUEST TO PROCESS WASTEWATER – LEWISVILLE
Ms. Sue Devens, Mayor of Lewisville, MN, is requesting the
City of Albert Lea accept and process approximately 25,000 gallons of wastewater
due to system failure in Lewisville. The wastewater is of a residential nature
only. Lewisville has provided the City Engineer with an analysis of the sludge
to be transported. The wastewater was previously being processed by New Ulm,
but they are no longer willing to continue this arrangement due to the water
disturbing their system’s balance and compliance with state guidelines.
Motion was offered by Councilor Brooks to deny the request from the City of Lewisville for the acceptance and processing of the wastewater due to the possibility of disruption of our system, seconded by Councilor Rasmussen. On roll call vote, all councilors voted aye. Mayor Summers declared the motion passed.
ROAD CLOSURE REQUEST FROM ALBERT LEA MOOSE LODGE
Mr. Kevin Beseman, Administrator Moose Lodge #1703, is requesting the closure of Lake Street south of Main Court and the alley behind the lodge building on Sunday, October 22nd, 2006 from 9:00 a.m. to 10:00 p.m. for a benefit fundraiser.
Motion was offered by Councilor Severtson to allow the request by Albert Lea Moose Lodge for the closure of Lake Street south of Main Court and the alley behind the lodge building on Sunday, October 22, 2006 from 9:00 a.m. to 10:00 p.m. for a benefit fundraiser, seconded by Councilor Brooks. On roll call vote, all councilors voted aye. Mayor Summers declared the motion passed.
REQUEST FROM ALLIANT ENERGY
Alliant Energy is planning to conduct their Annual Safety Rodeo at the warehouse located at 419 South Newton on Tuesday, September 26th from 7:00 a.m. to 3:30 p.m. Mr. Al Stadheim, Senior Manager Customer Services, is requesting the closure of Pearl Street and Elizabeth Avenue for this event. The Safety Rodeo has been held at this location for the past several years with no problems.
Motion was offered by Councilor Severtson to allow the request from Alliant Energy to conduct their annual Safety Rodeo, seconded by Councilor Severtson. On roll call vote, all councilors voted aye. Mayor Summers declared the motion passed.
REQUEST FOR BONFIRE AT CITY ARENA
Ms. Laura Bledsoe, student at Albert Lea High School, requested the use of the City Arena parking lot for a bon fire to be held as part of Homecoming events on October 5, 2006. The Police Department and Arena staff have reviewed the request and shared no concerns with last year’s bonfire events.
Motion was offered by Councilor Fjelstad to grant the request for the bonfire at the City Arena, seconded by Councilor Rasmussen. On roll call vote, all councilors voted aye. Mayor Summers declared the motion passed.
REQUEST FOR CLOSURE OF WILLIAM STREET
The Planning Department is requesting that Williams Street between Broadway and the alley half-way to Newton Avenue be closed from 10:00 a.m. until 4:00 p.m. on Tuesday, September 26th. The City will be hosting a celebration for the bank building and will be putting up a tent on Williams Street for an event to be held at 1:30 p.m.
Motion was offered by Councilor Erdman to grant the request from the Planning Department for the closure of Williams Street, seconded by Councilor Severtson. On roll call vote, all councilors voted aye. Mayor Summers declared the motion passed.
RESOLUTION 06-219 – ADOPTING ALBERT LEA PORT AUTHORITY 2007 BUDGET
City Code identifies that the Port Authority shall submit its Annual Budget to the City Council for review and approval as part of the City’s budgetary process. City Council has received a copy of the proposed budget which was approved by the Port Authority Board at its September 7th, 2006 board meeting.
Resolution was offered by Councilor Brooks, seconded by Councilor Fjelstad. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-219 included with these minutes.)
PRESENTATION OF 2007 PROPOSED BUDGET TO CITY COUNCIL
City Manager Simonsen presented highlights from the 2007 Proposed Budget. The Proposed 2007 Budget will be available to the public after this meeting.
RESOLUTION 06-220 APPROVING PROPOSED 2007 TAX LEVY
This resolution would establish the Proposed 2007 Tax Levy. City staff is recommending that the tax levy be set at $4,009,150.00. Due to the increase in tax capacity, this would not result in a property tax increase in city’s taxes. This action would set the highest taxable rate that the City may levy. After conducting Truth‑in‑Taxation public hearings, the City Council may chose to lower the levy. However, the levy is traditionally adopted at the highest rate possible within the proposed budget until final budget decisions have been made. This levy limit represents a decrease of 1.39% in property tax.
Resolution was offered by Councilor Rasmussen, seconded by Councilor Erdman. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-220 included with these minutes.)
RESOLUTION 06-221 SETTING TRUTH-IN-TAXATION HEARING DATES
This resolution sets the dates for Truth-in-Taxation hearings required by Minnesota Statute. The Initial Hearing will be held on December 4th, 2006 at 7:00 p.m. in City Council Chambers. The Continuation Hearing, if necessary, will be held on December 11th, 2006 at 7:00 p.m. with the Subsequent Hearing scheduled immediately following the Continuation Hearing, if needed.
Resolution was offered by Councilor Rasmussen, seconded by Councilor Fjelstad. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-221 included with these minutes.)
RESOLUTION 06-222 - SETTING DATES FOR GRANT APPLICATIONS FOR 2007 DISCRETIONARY FUNDS
Effective Monday, September 18th, the City of Albert Lea will accept applications from non-profit organizations requesting financial assistance in 2007. With the adoption of the 2007 Proposed Budget, the City Council has chosen to designate funds to be used towards organizations that promote and benefit the public at large. The City Council has appropriated $50,000 in discretionary funds for this purpose. Applications and guidelines for funding are available at www.city.albertlea.org or by contacting the City Manager’s office. Applications must be received prior to October 27th, 2006 to be considered for funding.
Resolution was offered by Councilor Rasmussen, seconded by Councilor Severtson. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-221 included with these minutes.)
RESOLUTION 06-223 - APPROVING FEASIBILITY STUDY AND CALL PUBLIC HEAIRNG ON PRELIMINARY ASSESSMENTS – EAST MAIN STREET
This resolution would approve the feasibility study and call a public hearing on the preliminary assessments for the East Main Street project. This project involves the installation of functional, yet decorative lighting to be installed at 150 foot intervals from the east entrance of Trail’s Service Center through Fenton Avenue. The estimated cost of the project is approximately $650,000 for the purchase and installation of 104 poles with decorative lighting accents. The poles have a built-in bracket holder to allow for the display of banners and electrical outlets to allow for holiday lighting. A public hearing would be held on Monday, September 25th at 7:00 p.m. in City Council Chambers to discuss the project and receive input regarding the preliminary assessments.
Resolution was offered by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-223 included with these minutes.)
RESOLUTION 06-224 - REQUESTING ORDERLY ANNEXATION – DUANE AND PAMELA VIRCHOW
This resolution would authorize the orderly annexation of land currently located in Albert Lea Township in to the City of Albert Lea. The property owners, Duane and Pamela Virchow, have petitioned for annexation in to the city in order to receive municipal sewer and water services. The Albert Lea Township Board of Supervisors addressed this issue at their September 5th meeting and voted unanimously to approve a Joint Orderly Annexation of the property known as 2248 S. E. Marshall Street. The City will pay 50% of Township taxes for five years to the Township for this annexation.
Resolution was offered by Councilor Brooks, seconded by Councilor Severtson. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-224 included with these minutes.)
RESOLUTION 06-225 – REQUESTING ORDERLY ANNEXATION – GEORGE DRESS
This resolution would authorize the orderly annexation of property owned by Mr. George Dress from the Albert Lea Township in to the City of Albert Lea. The property consists of approximately 79.95 acres directly south of Westwood Drive and bordered on the west by Lake Chapeau and on the east by the Chicago & Northwestern Railroad. The Albert Lea Township Supervisors discussed this annexation request at their September 5th meeting and agreed to the annexation contingent upon the City paying the Township 50% of the payable taxes on this property for a period of eight years. Minnesota statute recently amended this section (414-0325) to include substantially equal payments over not less two, nor more than eight years from the time of annexation. City staff is recommending a proposal of 100% township taxes for five years be offered to the supervisors. If this is not acceptable, a joint township/city council meeting should be scheduled.
Resolution was offered by Councilor Brooks, seconded by Councilor Severtson. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-225 included with these minutes.)
RESOLUTION 06-226 - APPROVING AIRPORT EASEMENT –
ELSETH ENTERPRISES, INC.
This resolution would authorize an avigation easement with Elseth Enterprises, Inc. for a parcel of land adjacent to the Albert Lea Municipal Airport known as Albert Lea Right-of-Way Plat No. 2, Parcel B. The perpetual avigation easement for this parcel has been negotiated in the amount of $65,000 as just compensation for the easement. The City of Albert Lea will bear all responsibility and costs for trimming, topping and removing trees as necessitated by the easement agreement. The work shall be completed whenever reasonably feasible during the winter months. Removal of trees will only be allowed upon written approval of the owner.
Resolution was offered by Councilor Rasmussen, seconded by Councilor Erdman. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-226 included with these minutes.)
RESOLUTION 06-227 - PROCEED WITH CONDEMNATION - DRESS PROPERTY NEAR AIRPORT
As part of the City’s airport expansion project, the city has been negotiating land acquisitions and easements from property owners in the area. The City has been unable to negotiate a land purchase price that is acceptable to the owner of Parcel F. Dress Investments, LLP is not willing to sell the piece of property needed for less than $15,000 per acre. The appraisal conducted by the City valued the property at $3,400 per acre. This resolution would allow the City to proceed with condemnation of the identified property for public safety purposes.
Resolution was offered by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-227 included with these minutes.)
RESOLUTION 06-228 – APPROVING ALBERT LEA HOCKEY ASSOCIATION AGREEMENT
This resolution would authorize the City Manager and Mayor to enter in to an agreement with the Albert Lea Hockey Association (ALHA) for rental of ice time and lease and operation of the concession stand at the City Arena for the 2006-2007 season. The agreement allows the Hockey Association approximately 700 hours of ice time at the arena to be scheduled with arena management. The Association shall pay the City $125.00 per hour of ice time used and $100.00 per hour of non-prime time ice used. The Hockey Association shall provide adult supervision for games and practices. The City shall be responsible for maintenance of the ice and the facility for use by the Albert Lea Hockey Association between September 15, 2006 and March 1, 2007. The Albert Lea Hockey Association shall pay $285.00 each month for use of the concession area in the arena. The Association shall obtain a food handler’s license and comply with the applicable health codes and regulations.
Resolution was offered by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-228 included with these minutes.)
RESOLUTION 06-229 - APROVING A CONTRACT WITH THE FIGURE SKATING CLUB FOR ICE TIME RENTAL
This resolution would authorize an agreement between the Albert Lea Figure Skating Club and the City of Albert Lea for use of ice time at the City Arena. The Figure Skating Club agrees to pay the City $125.00 per hour prime time and $100.00 per hour non-prime time for ice used. Payments shall be made in three installments on December 15th, January 31st and May 1st.
Resolution was offered by Councilor Brooks, seconded by Councilor Erdman. On roll call vote, all councilors voted aye. Mayor Summers declared the resolution passed.
(See Secretary's Original Resolution
06-229 included with these minutes.)
FOLLOW-UP TO PUBLIC CONCERNS:
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
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Manuel Cantu requested that violations for the contractor to be written up and charged as a misdemeanor. The city staff followed up with a letter from the City Attorney to Mr. Cantu stating that the city is not going to issue criminal charges as this contractor was not allowed back on the property to correct any violations and that it is city code that he would be allowed to correct any violations prior to legal action.
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Alleys on Ramsey Street – City crews will be doing some grading work on these alleys.
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Signs at the Village Cooperative – there was a complaint about do not enter and stop signs on private property. City Staff is not aware of any laws that do not allow signs on private property. No action will be taken.
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Street Department will be re-painting the cross walks at Lou Rich.
PUBLIC ITEMS:
Gary Morrison, 722 Cedar, stated that the stop lights at East Main and First Avenue are changing too fast. He transports seniors and it is too much of a quick stop.
Bob Fjelbroten, 21458 775 Avenue, Government Acres, last fall city started hooking up the area to water and sewer. The connection was placed in the bottom of the ditch where there is a large amount of water, so it was necessary to use the vacuum truck to pump out the water. Property owners do not feel that they should be responsible for the charge of $500.00 each for the pumping of this water since the city placed the curb stop where it is. They suggested that the city should have had an easement. Council directed staff to research this matter.
Art Anderson, 2217 Margaretha, complained about the weeds on the Port Authority property and they look terrible and would like something done about this problem.
Theodore Paulsen, 616 James Avenue, questioned as to why there is no sidewalks going to the high school. City Engineer stated that at the time of construction, the high school was supposed to finish this portion of the high school some time in the future.
WARD ITEMS:
First Ward, Councilor Rasmussen:
1) Stated that garbage pickup in residential areas starts at 5:30 a.m, could this be changed to 6:00 a.m.?
2) On October 10th, Mexican Consulate will be visiting Albert Lea, public welcome.
Second Ward, Councilor Erdman:
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Resident of 1301 Lakeview Blvd. needs to have the sod replaced.
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Asked staff if City should adjust assessment on 1508 Wedge – 34-101-0220.
Sixth Ward, Councilor Brooks:
1) Requested New Hills Condo Signage be addressed.
2) Stated that semi’s are making turns into HealthReach; signage should be posted to turn left.
Mayor Summers:
1) Reminded everyone that Primary Election is tomorrow and everyone should get out and exercise their right to vote and let their voices be heard.
ADJOURNMENT – 7:55 P.M.
Councilor Brooks moved, Councilor Severson 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 25, 2006. All councilors voted in favor of said motion. Mayor Summers declared the motion passed and the meeting adjourned.
Filed and attested September 13, 2006.
/s/ /s/
Secretary of the Council Mayor Aaron Summers