February 12, 2007

1.         CALL TO ORDER AND ROLL CALL

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 Randy Erdman.

Present were Mayor Randy 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.

Mayor Erdman read parts of the rules and procedures of the City Council, as stated in Resolution 06-20.

2.         CONSENT AGENDA

(*a.)     APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JANUARY 22, 2006.

(*b.)     RESOLUTION 07-22 – APPROVING CLAIMS:  Resolution 07-22 represents the financial claims of the City.

(See Secretary's Original Resolution 07-22 included with these minutes.)

(*c.)     APPROVAL OF LICENSES AND PERMITS:

(*d.)     SUMMARY PUBLICATION OF ORDINANCE 110, 3d

The City Council passed Ordinance 110, 3d Amending Chapter 74 Authorizing Construction Site Erosion and Sediment Control.  City Code allows the publication of an ordinance by title and summary if directed by four-fifths vote of the Council.  Due to the length of this ordinance (seven pages) the City Clerk and City Attorney are recommending this ordinance be published in summary, not in its entirety.

            Ordinance 110, 3d was adopted by the City Council of the City of Albert Lea on 22^nd day of January, 2007.  Summary of this ordinance was adopted by the City Council of the City of Albert Lea at the February 12^th, 2007 meeting.  A full copy of the ordinance is available for inspection and copying at the Albert Lea City Hall located at 221 East Clark Street, Albert Lea, Minnesota 56007.

(*e.)     CALL A PUBLIC HEARING FOR FEBRUARY 26, 2007 AT 7:00 P.M. – ANNEXATION OF HARTMAN PROPERTY.

Councilor Severtson fillin moved that the consent agenda items be adopted as presented, seconded by Councilor Marin.  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 resolution passed and the consent agenda items adopted.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

Mr. Hugh O’Byrne and Mr. Clayton Petersen presented the City Council with a report on the Wedgewood Cove bonding.  Mr. O’Byrne stated that they have made available a feasibility study and business plan, offered a Risk Assessment and Letter of Credit.  According to Mr. O’Byrne they satisfied the objection to having a second exit, addressed all safety issues, and submitted a plat to the Planning Commission and City Engineer.  Mr. O’Byrne stated that their banker would be available to visit with the Council any time, but not at a public forum.  The developers are requesting approval of $1,536,000.00 to pay for the infrastructure including sewer, water and roads for Phase I.

The report was received and there was no discussion by the City Council.

(a.)       REQUEST TO DISPOSE OF STRAW – FREEBORN COUNTY FAIR

City Manager Victoria Simonsen explained that the Freeborn County Fair Board is requesting the ability to dispose of straw livestock bedding at the city’s yard-waste compost site.  Last year they were granted the request, but located a farm site for disposal.  This may be the case in 2007 as well.  The City does have the capacity at the site to accept the materials, and has also received approval from the MPCA, as necessary.

Mr. Roger Bok, 1012 Cato Drive, stated concerns regarding the burning of this material.  Staff clarified that this material would be composted.

MOTION:  Move to grant permission to the Freeborn County Fair Board for the disposal of straw bedding at the city’s yard-waste compost site.

Councilor Marin moved to grant the request from Freeborn County Fair Board.  This motion was 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.

(b.)      PRESENTATION BY FREEBORN COUNTY FAMILY SERVICES COLLABORATIVE – 2006 ANNUAL REPORT

Alice Englin, Facilitator, presented a copy of the annual report to the City Council for their review, a request was made that any type of support for these services would be greatly appreciated as funding has been reduced by 55%.  Mayor Erdman thanked Ms. Englin for the presentation and report.

4.         UNFINISHED BUSINESS – NO ITEMS.

5.         NEW BUSINESS

(a.)      PUBLIC HEARING – RESOLUTION 07-23 - ADOPTING MISCELLANEOUS ASSESSMENTS, ROLL 0060

City Manager Simonsen explained that this pubic hearing was being held to receive input regarding Miscellaneous Assessments, Roll 0060.  The assessments include unpaid utility bills; refuse removal, mowing services and other miscellaneous assessments for which payment has not been received.  The resolution states that assessments shall be payable in a single installment and shall bear interest at the rate of 5-1/4% per annum unless paid within 30 days from adoption of the resolution.

Mayor Erdman opened the public hearing and asked for public input three times.  No one came forward.  Mayor Erdman closed the public hearing.

Resolution 07-23 was introduced by Councilor Brooks to adopt the miscellaneous assessments as presented, seconded by Councilor Marin.  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 07-23 included with these minutes)

(b.)      PUBLIC HEARING - RESOLUTION 07-24 - ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR 2007 MILL, OVERLAY, CURB REPLACEMENT (JOB 0631)

City Manager Simonsen explained that this public hearing was being held to consider Job 0631 involving the mill, overlay, and curb replacement of a segment on the north side of the city.  The improvements involve Keystone, Highland, Harmony and Grand Avenues north of Glenview and south of Pilot; Glenview and Troy Road west of Bridge; Airport Road west of Hi Tec Avenue; and all of Hills Lane and Windsor Road.  In January, a neighborhood meeting was held to inform residents of the improvements which total $536,794.14, of which $385,677.72 is assessable.  A public hearing and resolution are necessary to move forward with the project.

Mayor Erdman opened the public hearing and asked for public input.

Mr. Mel Janowitz, 2013 Highland Avenue, inquired as to whether sidewalks were included in this project as stated in the notice.  City Engineer Steven Jahnke stated that there were no sidewalks in this area.

Mr. George Rothmeier, 2141 Highland Avenue, stated that he was in favor of this project as long as the mailboxes and sump pump drains are put back where they belong.

Mayor Erdman closed the public hearing.

Resolution 07-24 was introduced by Councilor Rasmussen approving the preparation of plans for the 2007 Neighborhood Improvement, Job 0631, 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 07-24 included with these minutes)

(c.)       RESOLUTION 07-25 - ACCEPTING FEASIBILITY STUDY AND CALLING A PUBLIC HEARING FOR MARGARETHA AVENUE ASSESSMENTS

            (JOB 0242)

City Manager Simonsen explained that this resolution would accept the feasibility study and call a public hearing for improvements to Margaretha Avenue known as Job 0242.  The project involves the reconstruction of Margaretha Avenue from 125 feet south of 11^th Street to 14^th Street.  The improvements include the removal of existing concrete pavement with replacement of new concrete with integrant curb.  The width of the street would remain at 44 feet.  The street design would include new storm sewer and a system of under drains to control surface and subsurface moisture.  The work also includes replacement of the watermain with an under the roadway.

The City and County have been joint partners on maintenance of Margaretha Avenue since 1968.  This project would continue that collaboration.  The total project cost is $1,940,770.30 with $270,262.08 being assessed to adjacent property owners.  The remaining cost would be paid for by the City and County’s shares of federal funds, municipal state aid funds, and general funds of both entities.  If the Council finds this project feasible to move forward, a public hearing on preliminary assessments would be held on March 12, 2007 at 7:00 p.m. with the project starting in April and ending in September of 2007.  A neighborhood meeting would be held with adjacent property owners prior to the public hearing.

Resolution 07-25 was introduced by Councilor Brooks accepting the feasibility study and calling a public hearing for Margaretha Assessments (Job 0242), 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 07-25 included with these minutes)

(d.)      RESOLUTION 07-26 ADOPTING INFLOW AND INFILTRATION PROGRAM

City Manager Simonsen explained that in 2006, the Engineering Department was directed to prepare a program to address the inflow and infiltration (I&I) issues in the city’s sanitary sewer line.  The staff is proposing the implementation of an I&I Sanitary Sewer Line Inspection Program.  The purpose of the program is to locate foundation drains that are connected to the sanitary sewer and have them properly disconnected.

The program will require that all homes built before 1975 (approximately 5,600) have a licensed plumber perform a video inspection of the sewer line from the floor drain to the sanitary sewer main line at the city’s expense.  The plumbers will submit a form to the city certifying that the inspection was completed and stating the results.  If the line does not have any connections, the work will be considered complete.  If the line does have a tile line connection, additional work to disconnect the tile line will need to be performed by the homeowner.

Homeowners found to have a tile connected to the sanitary sewer line will be given one year to correct the problem.  The plumber will submit certification to the city.  The homeowner will be given the option to pay the plumber outright or have the cost assessed to the property over a five‑year period.  The estimated cost of this project to the city is $560,000 to $840,000.  The cost of the project and completion of the project would be divided over a three-year period.

City Engineer Steven Jahnke gave a brief explanation of the problems that the city is having with the heavy rains and the water that is being delivered to the treatment plant due to the drain tiles being tied to the city sewer lines.

Resolution 07-26 was introduced by Councilor Rasmussen adopting the inflow and infiltration program, seconded by Councilor Severtson.  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 07-26 included with these minutes)

(e.)      RESOLUTION 07-27 - APPROVING PARTIAL RELEASE OF MORTGAGE THAT PERTAINS TO THE BUILDING AT 218 E. CLARK STREET (KNUTSON BUILDING)

City Manager Simonsen explained that the City had received a request from Jamie A. Kyllo, Attorney at Large, representing Scott Knutson as owner of the property located at 218 E. Clark Street.  In March of 2001 the City of Albert Lea and Wells Federal Bank used a legal description for the Knutson building in mortgages that overlapped.  There is a need to remove those mortgages from the property located at 218 E. Clark Street.  The City Attorney has reviewed the request and recommends approval.

Resolution 07-27 was introduced by Councilor Severtson approving partial release of the mortgage on 218 E. Clark Street, seconded by Councilor Marin.  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 07-27 included with these minutes)

(f.)       RESOLUTION 07-28 - APPROVING SENIOR CENTER – FIVE YEAR LEASE

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a five-year lease agreement with Skyline Plaza Associates, LLC.  The agreement leases the current premises to the city for a five-year term commencing June 1, 2007 at the annual rate of $48,000 per year for the duration of the lease.  The remainder of the contract outlines responsibilities for repairs, utilities, alterations, indemnification, etc.  The Senior Center Board of Directors has reviewed the agreement and agrees to remain at this location through May 31, 2012.  The city would be able to cancel the lease with proper notice.

Resolution 07-28 was introduced by Councilor Marin approving the Senior Center Lease, 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 07-28 included with these minutes)

(g.)     RESOLUTION 07-29 - APPROVING CONTRACT FOR BIG ISLAND RENDEZVOUS AND FESTIVAL, INC.

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with the Big Island Rendezvous and Festival, Inc. for an event to be held at Bancroft Bay Park from September 25 to October 9, 2007.  The agreement identifies the concessionaires and the city’s responsibilities during the event.  It also includes an indemnification clause holding the City from any and all claims associated with the event.  The concessionaire is responsible to obtain general liability insurance (to include muzzle loaders).  No alcoholic beverages may be sold or permitted in the park during the festival.  City staff is supportive of the event and recommends approval of the agreement.

Resolution 07-29 was introduced by Councilor Marin approving the contract for the Big Island Rendezvous, 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 07-29 included with these minutes)

(h.)      RESOLUTION 07-30 - DECLARING OFFICIAL INTENT OF THE CITY OF ALBERT LEAS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY

City Manager Simonsen explained that this resolution formally declares the intent of the City to reimburse itself for costs associated with Job 0607 East Main Street Lighting project from the proceeds of bonds to be issued in 2007.  The City reasonably expects to reimburse expenditures from this project in an estimated maximum principal amount of $660,000.  All reimbursement expenditures will be capital expenditures, cost of issuance of the bonds, or other eligible expenditures for reimbursement under the Internal Revenue Service Reimbursement regulations.

Resolution 07-30 was introduced by Councilor Olson authorizing the city to reimburse certain expenditures from bonds, seconded by Councilor Severtson.  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 07-30 included with these minutes)

(i.)        MOTION AUTHORIZING TREE REMOVAL

City Manager Victoria Simonsen explained that as part of the Airport expansion project, the City has an arrangement with Green Lea Golf Course for the clearing of trees that are penetrating the air easement above their property.  Representatives from Green Lea have indicated that the trees need to be cleared by March 16^th, 2007.  The Engineering Department sent out quotations on February 8^th and will have received them back on February 16^th.  Staff is anticipating the cost to be less than $25,000 with 95% of the cost being reimbursed by the Federal Aviation Administration and 5% being remaining City costs.  Staff is requesting the authorization to accept the lowest responsible bid once they are received on February 16^th.

MOTION:  Move to authorize staff to accept the lowest responsible bidder for the removal of trees that are penetrating the air easement at the Green Lea Golf Course.

Motion was introduced by Councilor Severtson, 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.

6.         MAYOR AND COUNCIL ITEMS

(a.)       Mayor’s Appointments to Boards, Commissions and Committees

Mayor Erdman made the following Commission Appointments:

               HUMAN RIGHTS ADVISORY BOARD:                                  Ann Collier

               PARK & REC ADVISORY BOARD:                                       Doran Gray

               HERITAGE PRESERVATION COMMISSION:

                     Karen Szymanowski            Doug Friend                         Owen Aasness

                     Bev Jackson                        Don Johnson                        David Stewart

                     Chris Shoff                           Pamela R. Schmidt

Councilor Marin moved to approve the Mayor’s Appointments to the Human Rights Advisory Board, Park & Recreation Advisory Board and Heritage Preservation Commission, 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.

Mayor Erdman made the following appointments to the Comprehensive Plan Steering Committee:

            COMPREHENSIVE PLAN STEERING COMMITTEE:

                     City of Albert Lea:

                     Randy Erdman, Mayor                                    Victoria Simonsen, City Manager

                     Vern Rasmussen, Councilor                           Bob Graham, City Planner

                     Wendy Flugum, Community Development

                     Freeborn County Representatives:

                     County Administrator                                      Sue Miller, County Engineer

                     Commissioner Jim Nelson                            Commissioner Chris Shoff

                     Port Authority:                                                  Ryan Nolander, Keith Fligge

                     Watershed:                                                      Alan Bakken

                     Albert Lea Township:                                     Stan Reichl

                     Bancroft Township:                                         Steve Overgaard

                     LBTL Action Team Chairs:                            Randy Kehr

                                                                                               Karen Trow

                                                                                               Tami Staker

                                                                                               Doug Friend

                     Planning Commission:                                   Mark Rofshus

                                                                                               Kyle Olson

                     Chamber of Commerce:                                Susie Petersen

                     School Board:                                                 Bill Leland

                     Citizen Groups:                                               Doug Lembke, Construction

                                                                                               Pat Neilon, Union

                                                                                               Ginny Larson, ALMC

                                                                                               Mike Moore, Industry

                                                                                               Steve Tufte, Lou Rich

Councilor Marin moved to approve the Mayor's Appointments to the Comprehensive Plan Steering Committee, 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.

Mayor Erdman thanked everyone appointed for volunteering their time and talents to the City of Albert Lea.

(b.)      WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Ward Items – Nothing at this time.

• Attended one Port Authority Meeting and reviewed items that have been approved.

Second Ward, Councilor Baker:

• Ward Item – residents on Oakwood Drive requesting “Watch for Children” signs.

• Committee Updates - none

Third Ward, Councilor Marin:

• Ward Items – Nothing at this time.

• Reported on an excellent annual retreat for the Convention & Visitor’s Bureau, reviewed the mission statement, goals and everything is right on schedule.

Fourth Ward, Councilor Olson:

• Ward Items – Nothing at this time.

• Park & Rec. Meeting is scheduled for next Monday.

Fifth Ward, Councilor Severtson:

• Ward Items – Nothing at this time.

• HRA meeting – held election of officers; they are researching assisted living quarters at Shady Oak Apartments.

• Airport Advisory Board meeting – held election of officers and discussed the removal of the trees.

• Police Department members are working on another Sexual Abuse Seminar to be on ALTV.

Sixth Ward, Councilor Brooks:

• Requested that the City Attorney review and bring forward the snowmobile ordinance.

Mayor Erdman:

• Thank you to Larson Manufacturing for deciding to build a state of the art distribution center in our community and also happy that Larson Contracting will be contractor for that building.

• Thank you to all of the students and residents in attendance at tonight’s meeting.

• Thank you to staff and city council members for their commitment to the annual retreat held on Saturday, January 27, 2007.

(c.)       CITY MANAGER'S RESPONSE TO PUBLIC ITEMS

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

• Ward II – Harriet Lane – needed more snow removal from the edge of roadway.  Street Department made the first clearing and then came back later in the date for the final clean-up.  Homeowner was satisfied with the snow removal.

• Concern regarding handicap parking at the arena; there are five handicapped parking spaces as before, and that is according to code.

7.         PUBLIC FORUM:

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

• Concerns regarding plumbers entering private homes, this is not allowed.

• Remodeling of city offices, this did not come before the City Council.

• Concerns regarding the sound system at City Hall.

• Annual Report from the Port Authority.  This does not tell us how much money is in the Port Authority.

• Why did the city pay $300.00 to have someone join the Greater Jobs?

• When did we start paying $300.00 for the closing of an alley?  Mayor Erdman stated that the city adopts the fee schedule every year.

• Suggested that the mayor read the City Charter

• Changes on the agenda, any item that has an asterisk (*) can be removed from the agenda.

Mr. Mel Janowitz, 2013 Highland Avenue, stated the following:

• Residents are confused with the term “clay tile”, and the sewer system.

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

• Concerns regarding building permits and 180 days time fame. His building permit was never signed.

• Residents need more information, what statutes have been violated, nothing on exteriors of buildings.

• Read a quote from Thomas Jefferson.

• Elected officials should communicate more with the residents.

Mr. Nathan Feuerhelm, 1706 Roberts Drive, stated that:

• Most of his questions were answered regarding the filming of the tile lines.

• Concerns about the newspaper articles that comes out in the afternoon and then the City Council is voting on that issue the same day.

• Questions regarding the time frame of this project.  Whether it is one year or three years?  City Manager Victoria Simonsen explained the proposed project and time lines.

8.         ADJOURNMENT – 8:13 p.m.

Councilor Marin moved and Councilor Baker seconded, that there being no further business, the council meeting be adjourned at 8:13 p.m., until the next regular meeting of the Albert Lea City Council on Monday, February 26, 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 February 13, 2007.

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