Pastor John Bromeland, United Methodist Church, offered a prayer.

The October 8, 2007 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 Randall Erdman.

 

1.         CALL TO ORDER AND ROLL CALL

Present were Mayor Randall Erdman, Councilors Vern Rasmussen, Larry Baker, George Marin, Reid Olson, John Severtson and Al Brooks.  Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, and KATE Radio.

a.         The Pledge of Allegiance was recited.

2.         CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF SEPTEMBER 24, 2007.

*b.       RESOLUTION 07-183 – APPROVING CLAIMS:  Resolution 07-183 represents the financial claims of the City.

(See Secretary's Original Resolution 07-183 included with these minutes)

*c.        APPROVAL OF LICENSES AND PERMITS:
            (No licenses presented at this meeting).

MOTION:  Move to adopt the consent agenda as presented.

Councilor Marin moved that the consent agenda items be adopted as presented, and seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said motion: Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         COMMISSIONER’S AWARD FOR DISTINGUISHED SERVICE – LIEUTENANT PHIL BARTUSEK

Mayor Erdman announced that the State Community Health Services Advisory Committee has selected Lieutenant Phil Bartusek to receive the 2007 Commissioner’s Award for Distinguished Service.  Mayor Erdman read the award to Lieutenant Phil Bartusek.  Police Chief Winkels explained that this award is traditionally given to individuals or groups in the public health arena who have made a special contribution to Minnesota’s public health during the year.  Lieutenant Bartusek was selected for his contribution to the Zero Adult Provider’s (ZAP) Program which toughened enforcement for adults providing minors with tobacco and alcohol.  Lieutenant Bartusek is the first person given the Health Commissioner’s Award for Distinguished Service that is not employed directly by the Department of Public Health.

Mayor Erdman, all members of the council and audience gave Lieutenant Phil Bartusek a standing ovation.

b.         PRESENTATION OF FREEBORN COUNTY FAMILY SERVICES COLLABORATIVE ANNUAL REPORT

City Manager Simonsen explained that Ms. Alice Englin, Executive Director of Freeborn County Family Services Collaborative, will present the Annual Report of the Family Services Collaborative.

Ms. Alice Englin explained all of the programs available for children and families and thanked the City Staff and Council for all of their support throughout the year.  Copies of the report and brochures are available through the Family Services.

c.         CHANGE OF FUTURE COUNCIL MEETING DATES

City Manager Simonsen stated that this motion would change the dates of pre-agenda and City Council meetings to avoid scheduling on holidays.  On November 8th at 5:00 p.m. a Budget Retreat will be held followed by pre-agenda meeting.  The November 12th City Council meeting would be changed to November 13th at 7:00 p.m.  The pre‑agenda meeting scheduled for November 22nd would be changed to November 21st at 4:30 p.m.  The December 24th City Council meeting will be held on December 20th, 2007 at 7:00 p.m.

MOTION:  Move to approve the changes of future council meeting dates as stated.

Councilor Marin moved this motion and seconded by Councilor Baker.  On roll call vote the following councilors voted in favor of said motion:  Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

d.         REQUEST FROM HABITAT FOR HUMANITY FOR WAIVING OF PERMIT FEES

City Manager Simonsen explained that the City of Albert Lea has received a request from Mr. Don Hebert representing Habitat for Humanity for the waiving of fees associated with permits for street cuts and curb and gutter replacement for installation of sewer services to the house that was built at 908 9th Street East.  The value of the request is $1,275.00.  To date the City has waived other fees for this project in the amount of $832.43.

MOTION:  Move to deny this request.

Councilor Brooks moved this motion and seconded by Councilor Severtson.  On roll call vote the following councilors voted in favor of said motion:  Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed

4.         UNFINISED BUSINESS  (NO ITEMS)

5.         NEW BUSINESS

a.         RESOLUTION 07-184 ADOPTED – APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD – BRIDGEPORT FOURTH SUBDIVISION

City Manager Simonsen explained that this resolution would approve an administrative survey as prepared by Jones, Haugh & Smith, Inc. on October 3, 2007 in the Bridgeport Fourth Subdivision.  The administrative survey is located within the I-1 Limited Industrial District and is consistent with the requirements of the zoning ordinance for such.  The administrative survey of Lots 3 & 7, Block 1, Bridgeport Fourth Subdivision, would be approved as described by Tract A & Tract B.

Resolution 07-184 was introduced by Councilor Severtson, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-184 included with these minutes)

b.         RESOLUTION 07-185 ADOPTED – AUTHORIZING AMENDMENT TO PARKVIEW HILLS DEVELOPMENT AGREEMENT – MUSKIE REALTY/MIDWEST, LLC

City Manager Simonsen explained that on July 31, 2007 the City entered into an amendment to a development agreement with Mr. Tom Wobbrock, Muskie Realty/Midwest, LLC regarding the development of Parkview Hills Subdivision.  It has since been noted that Article 2.6 of the development agreement reduced the total cash retained by the city for the project to not less than $50,000.  This amendment was different than the original agreement that stated the cash shall not be reduced to less than $25,000.  The owner is requesting that the amendment be revised to state that the cash shall not be reduced to less than $25,000 as agreed to in the original document.  City staff has reviewed the request and can support the modification as originally stated.

Resolution 07-185 was introduced by Councilor Brooks, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-185 included with these minutes)


c.         RESOLUTION 07-186 ADOPTED – AUTHORIZING POLICIES AND PROCEDURES – SICK LEAVE – FAMILY AND MEDICAL LEAVE AND VACATION DONATION

City Manager Simonsen stated that this resolution would authorize revisions to policies and procedures pertaining to employees of the City of Albert Lea in regard to Sick Leave, Family and Medical Leave and Vacation Donation.  The Sick Leave policy is a form of short term disability income protection that is granted to qualified fulltime and part-time employees who are unable to work for medical reasons.  The Family and Medical Leave policy establishes guidelines for the use of family or medical leave for city employees.  The Vacation Donation policy permits an employee to donate earned paid vacation to another employee in times of hardship.

Resolution 07-186 was introduced by Councilor Marin, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-186 included with these minutes)

d.         RESOLUTION 07-187 ADOPTED – AUTHORIZING ORDER FOR REMOVAL – 101 LAKE AVENUE

City Manager Simonsen explained that this resolution would authorize an order for removal of a structure located at 101 Lake Avenue.  The property has been under inspection since July of 2003 when the owner was notified to vacate the house due to dilapidation.  The Inspection Department has been working with the owners, Gerald & Grace Skaar, since this time to repair or demolish the building.  The dwelling has been declared as unfit for human habitation and has not been restored within a period of six months.  Therefore, it is considered a nuisance and unsafe and shall be removed.  The City Attorney has reviewed the case and can support an Order for Removal without an additional six month period to repair the property.

Resolution 07-187 was introduced by Councilor Severtson, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors: Marin, Olson, Severtson, Brooks and Mayor Erdman.  Councilor Rasmussen and Baker voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-187 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE ITEMS

  • Mayor Erdman proclaimed the week of October 22 – October 26, 2007 as “Minnesota Manufacturer’s Week”.
  • Historic Downtown Expo on Tuesday, October 23, 2007 from noon to 8 p.m. hosted in the historic Freeborn Bank Building and the Jacobson Apartment Building, and it will deal with the economic impact of historic preservation.  Special guests will be Bonnie McDonald, Preservation Minnesota Alliance; Dr. Michael Koop from the Minnesota Historical Society; and Mr. Pat Waddick, Architect from GLTA.  They have been nominated for several awards throughout the State of Minnesota and nationally.
  • Senator Dan Sparks and Representative Robin Brown are serving on the Capital Investment Committee and will be in Albert Lea on October 24th and 25th, 2007.  They are visiting Edgewater landfill site, Blazing Star Landing.

First Ward, Councilor Rasmussen:

  • Port Authority meeting update:
    • South Industrial Park update;
    • 2008 Budget Approved;
    • Water/sewer to Glenville/Albert Lea corridor;
    • Referendum support.
  • Invited everyone to attend the next Comprehensive Plan Meeting to be held at the Senior Center on November 15, 2007 at 7 p.m.
  • Requested an update on Katherine Island.  An update was provided by City Engineer Jahnke.

Second Ward, Councilor Baker:

  • Attended the National Preservation Conference held in the Twin Cities. There are all kinds of information for cities to help restore older buildings, older homes, etc.  Thanked the city for sending him to this conference.
  • Ward item – Requested information on the dog ordinance and dangerous dogs.  An update was provided by City Attorney Schwab.

Third Ward, Councilor Marin

  • Represented Southern Minnesota in Washington, D.C. recently.
  • South 4th Avenue and Plainview Lane – traffic not coming to a complete stop at this intersection.
  • Front Street and South Broadway – new control arms on RR tracks and traffic is not stopping behind the line.
  • Silver Ring Thing will be held at the Albert Lea High School, October 14th, 2007.
  • Life Light Tour – October 15 at the Skyline Plaza at 6:30 p.m.

Fourth Ward, Councilor Olson:

  • Need clarification on the hours of operation at the Transfer Station.
  • Complaint on a dilapidated house will be given to City Manager.

Fifth Ward, Councilor Severtson:

  • HRA Board update.
  • Requested an update on 309 Court Street, 115 E. 4th, and the old Midwest Antiques building.  City Attorney Schwab gave a brief update.
  • 526 West College – City has marked five large trees to be removed.  The home owner is requesting that the amount be assessed to his taxes over 5 years at 6% interest.

REQUEST FOR REMOVAL OF TREES AT 526 WEST COLLEGE

City Manager Simonsen commented that the city received a request from the property owner at 526 West College regarding the removal of five large cottonwood trees that were marked by the City Forester for removal.  The owner is requesting that this amount be assessed to his property taxes for five years.

MOTION:  Move to authorize city staff to work with the homeowner at 526 College Avenue for the removal of five large trees and that this amount is assessed to his property for a period of five years at 6%.

Councilor Severtson moved this motion and seconded by Councilor Rasmussen.  On roll call vote the following councilors voted in favor of said motion:  Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

  • Councilor Severtson reported that Albert Lea Tree Service took down the tree on his property.

Sixth Ward, Councilor Brooks:

  • Attended the Port Authority meeting.
  • Requested update on Margaretha Avenue.  An update was provided by City Engineer Jahnke.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

  • Crosswalk at First Avenue & Main Street – There are crosswalks on the North, South and West sides of the intersection.  This provides pedestrians a crosswalk to get to and from all corners of the intersection.
  • Storm water issues at the northeast corner of First Avenue - This location is where MnDOT has purchased an easement on the east side of the property for periods of heavy rainfall.  During heavy rainfall events, the catch basin does not keep up and stormwater flows over land to a storm basin east of the house at 213 First Avenue.  Engineering has notified MnDOT of this concern by the homeowner.

7.         PUBLIC FORUM

Mr. Roger Bok, 1012 Cato Drive, stated the following:

  • City Charter.
  • Selling of items on the internet.  Items are being removed from condemned buildings.  Presented Chief Winkels with a envelope.
  • Why did the City pay for Councilor Severtson’s tree removal?

Mr. Manuel Cantu Jr., 113 McArthur Drive, stated the following:

  • Accountability
  • $400,000 for lift station from the Moose?
  • Tiger Hills numbers changed from pre-agenda to council meeting?
  • 1.3 to 1.5 million for bank building?
  • Sunset Extension - safety Issue, why is this not fixed?
  • East on Clark Street, from Adams going east to Euclid, fourth section of concrete is broke, from fire hydrant the third and ninth are broke, from the end drive going to Euclid, sections eight, nine and ten are broken.  Across the street and going west off of Adams, there are eight brand new sections and there was nothing wrong with that side of the street?

Mr. James Swenson, 1909 Greenwood Drive, stated the following:

  • Thanked the City Council, Planning Commission and especially Councilor Baker for help in completing his Eagle Scout Project. Thanked all of the businesses that contributed to the project.  Thanked his church for letting him complete his project, his Troop Leaders and others.

Ms. Susie Peterson, 2566 N. Bridge Avenue, stated the following:

  • On behalf of the CVB, thanked Mayor Erdman and Council members and City staff for the commitment and support of the Big Island Rendezvous.  It was a huge success.  Over 3,000 students attended this event from St. Paul, St. Peter, and even a home school from Tennessee.

Mr. Perry Vining, 701 Marshall Street, stated the following:

  • Thanked everyone for helping with the Big Island Rendezvous and Festival held this past weekend.
  • Made changes to the event by bussing people up to the top of the hill of the Festival.
  • 20th Anniversary this year of the Big Island Rendezvous with over 1,200 participants.

8.         ADJOURNMENT – 8:10 p.m.

Councilor Marin moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 8:10 p.m., until the next regular meeting of the Albert Lea City Council on Monday, October 22, 2007.  On roll call vote, all councilors voted in favor of said motion. Mayor Erdman declared the motion passed and the meeting adjourned.

Filed and attested October 9, 2007.

   /s/ Shirley Slater-Schulte                                        /s/ Randall Erdman                    
Secretary of the Council                                       Mayor Randall Erdman

 

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