February 22, 2007

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.

1.         CALL TO ORDER AND ROLL CALL

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.

2.         CONSENT AGENDA

(*a.)     APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF FEBRUARY 12, 2007.

APPROVAL OF THE MINUTES FOM THE SPECIAL MEETING OF THE CITY COUNCIL AND TOWNSHIP OF ALBERT LEA OF FEBRUARY 12, 2007.  MINUTES TO BE AMENDED TO INCLUDE THAT COUNCILOR AL BROOKS WAS PRESENT.

(*b.)     RESOLUTION 07-31 – APPROVING CLAIMS:  Resolution 07-31 represents the financial claims of the City.

(See Secretary's Original Resolution 07-31 included with these minutes.)

(*c.)     APPROVAL OF LICENSES AND PERMITS:

            ANNUAL LICENSE(S)

               LAWFUL GAMBLING

1.   Lawful Gambling Application for Freeborn County Fantails for a Raffle at the Fairlane building, Freeborn County Fairgrounds on March 17, 2007.

      2.   RESOLUTION 07-32 – APPROVING LAWFUL GAMBLING APPLICATION FOR THE AMERICAN LEGION-Years 2007-2008.

Councilor Severtson 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 resolution passed and the consent agenda items adopted.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

(a.)       PRESENTATION BY THE LAND BETWEEN THE LAKES ACTION TEAMS

City Manager Simonsen explained that The Land Between the Lakes Action Teams have requested the opportunity to update the City Council and public on activities and future plans for each of the action teams.

Ms. Tami Staker, representative of The Land Between the Lakes Action Team, read a letter which was signed by Chair Randy Kehr regarding the workings of the Team and a few new initiatives.  Other reports were presented by the Land Between the Lakes Action Teams regarding the following:

Blazing Star Landing – Doug Friend, Chair

Appearance & Attitude – Karen Trow, Chair

Culture & Recreation – Tami Staker, Chair

Economic Development – Keith Fligge, Chair

A packet of information was presented to the City Council for their information and review as to what this group has accomplished and future goals.  Mayor Erdman thanked each member present and the entire team for presenting this information.

(b.)      REQUEST FROM LARSON CONTRACTING

City Manager Simonsen explained that Larson Contracting, Inc. is requesting permission to stage steel and other building materials on the east end of Beth Lane and north end of Cram Avenue in the Habben Industrial Park during the construction of the distribution center for Larson Manufacturing, Inc.  The street department has reviewed the request and has no objections.  Mr. Darv Habben has also been contacted.  He does not object to the temporary storage of materials and was only concerned that access would be needed to plant crops.  The Engineering Department recommends approval of the request with the following conditions:

·         Larson Contracting is responsible for any damage done to the roadway during the storage.  S $5,000 surety bond will be retained.

·         The center of the roadway must be maintained for emergency vehicles or farm equipment to have access.

·         Proper signage must be approved by the City Engineer.

·         The City reserves the right to require the materials to be moved at any time.

MOTION:  Move to authorize Larson Contracting, Inc. permission to stage steel and other building material on the east end of Beth Lane and north end of Cram Avenue in the Habben Industrial Park per the conditions as suggested by staff.

Motion made by Councilor Brooks, 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.

(c.)       REQUEST FOR FINANCIAL SUPPORT FROM BIG ISLAND RENDEZVOUS

City Manager Simonsen explained that a request was received from Mr. Perry Vining, Coordinator of the Big Island Rendezvous & Festival, Inc.  The letter indicates that a new Board of Directors has been appointed to the Rendezvous as it celebrates its 20^th anniversary this fall.  The activities are once again under the direction of Perry Vining, founder of the event.  The Big Island Rendezvous has not asked for financial assistance the past two years in the absence of Mr. Vining.  The 18 years prior to that the City did support and financially backed the event.  Mr. Vining is requesting up to $1,500 toward the event.  The money would be used to market to the visitors that come to Albert Lea and the schools in the surrounding 100 mile radius so children may attend education days.  The time frame for applying for discretionary funds for grants to non-profit organizations has passed.  Mr. Vining is asking for special consideration by the Council to help fund this project.

Mr. Vining answered questions from the council and explained why he was requesting funding from the city.

MOTION:  Move to approve the request for the Big Island Rendezvous & Festival.

Motion made by Councilor Olson, seconded by Councilor Baker.  After discussion an amendment was made to the motion as follows:

AMENDMENT:  To deny the financial request for the Big Island Rendezvous & Festival.

Amendment offered by Councilor Olson, Seconded by Councilor Baker.  On roll call vote the following councilors voted in favor of said motion and amendment:  Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the amended motion passed.

Mayor Erdman urged Mr. Vining to apply next year when the grants funds become available.

(d.)      REQUEST FROM FREEBORN COUNTY VETERAN’S MEMORIAL COMMITTEE

City Manager Simonsen explained that the Freeborn County Veteran’s Memorial Committee has planned a special event including the dedication of the Veteran’s Memorial for Memorial Day May 28, 2007.  They are requesting permission for a parade to occur at 1:30 p.m. with the route being from Central Park down Water Street to Broadway, from the American Legion to the Freeborn County Government Center ending at Pearl Street.  The Committee is planning a memorial dedication to occur at 2:30 p.m.

They are further requesting the use of bleachers on College Street to be provided by the Park & Recreation Department as well as space and parking lots to post for pickup drop-off site to transport people to the dedication event.  City staff has reviewed the request and notes that a parade permit will be required for Broadway Avenue south of Main Street.  Also, the portable bleachers are not allowed on cement foundation.

MOTION:  Move to approve the request for the use of bleachers, benches and/or chairs and parking.  Also, to grant permission for the parade route to Main Street and it would be the responsibility of the committee to obtain a state permit to continue down to the memorial dedication site.

Motion made by Councilor Severtson, 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.

4.         UNFINISHED BUSINESS

(a.)       PUBLIC HEARING AND RESOLUTION 07-33 – ANNEXATION OF HARTMAN PROPERTY

City Manager Simonsen explained that this public hearing was being held to receive input regarding the annexation of the Loretta D. Hartman farm located on County Rd. 46 on the east boundary of Albert Lea consisting of approximately 80 acres.  A Joint Township/City special meeting was held on February 12, 2007 to discuss the annexation.  City Council and Township representatives are supportive of the annexation.  The resolution identifies that the Township would receive six years of tax income on the property once annexed.

Mayor Erdman opened the public hearing and asked for public input. There was public comment.  After three times calling for public comment Mayor Erdman closed the public hearing.

Resolution 07-33 was introduced by Councilor Severtson to adopt the annexation of the Hartman Property and to pay six years of the township portion of the taxes to Albert Lea Township, 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 07-33 included with these minutes)

5.         NEW BUSINESS

(a.)       RESOLUTION 07-34 - APPROVING PRELIMINARY AND FINAL PLAT – FLYING J

City Manager Simonsen explained that this resolution would approve the preliminary and final plat of Flying J Addition in accordance with Chapter 54 of the City Code.  The Planning Commission reviewed the plat prepared by Jones, Haugh & Smith dated February 8, 2007 and recommended approval of such.  City staff concurs with the recommendation to approve the plat with the condition that a development agreement shall be established between the City of Albert Lea and the Flying J developer.

Resolution 07-34 was introduced by Councilor Marin adopting the preliminary and final plat for Flying J, 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 07-34 included with these minutes)

(b.)     RESOLUTION 07-35 – RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT – CHADWICK MARKETPLACE 3^RD ADDITION

City Manager Simonsen explained that this resolution would approve preliminary and final plat for Chadwick Marketplace 3^rd Addition.  The Planning Commission reviewed the preliminary and final plat of Chadwick Marketplace 3^rd Addition at its February 20^th meeting and recommended approval of the plat as prepared by Jones, Haugh & Smith, dated February 8, 2007, with the condition that the City shall deed Outlot E to Flying J for stormwater retention.  The Flying J Addition and Chadwick Marketplace 3^rd Addition are joining lots and are generally located in the southwest quadrant of the interchange of I-35 and East Main Street.  The property is zoned IDD (Interstate Development District).

Resolution 07-35 was introduced by Councilor Rasmussen approving preliminary and final plat approval for Chadwick Marketplace 3^rd Addition, 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 07-35 included with these minutes)

(c.)       RESOLUTION 07-36 – RESOLUTION APPROVING SNYDER FIELD LEASE

City Manager Simonsen explained that this resolution would renew the lease for use of the J.M.Snyder Field facilities from the Board of Trustees of the Minnesota State Colleges and Universities, Riverland Community College.  The lease of the softball fields would be for a two year period covering 2007 and 2008 at a cost of $1.00 per year.  The terms and conditions set forth in the lease agreement are the same as the previous two-year arrangement.

Resolution 07-36 was introduced by Councilor Olson approving the Snyder Field Lease, 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 07-36 included with these minutes)

(d.)      RESOLUTION 07-37 – RESOLUTION ADOPTING COUNCIL PROCEDURES

City Manager Simonsen explained that this resolution would adopt council procedures.  The City Charter provides that the City Council shall adopt its own rules of procedure.  This longstanding resolution identifies how complaints, questions and input will be handled from the public as well as rules of order for both council members and the public during the meetings.  The resolution is intended to provide guidelines to ensure that the affairs of the Council are conducted in an open, orderly and efficient manner, that persons desiring to address the Council are afforded the opportunity to speak and that those in attendance may observe and hear the proceedings without distraction.

Councilor Brooks stated that he had concerns regarding a part of the procedures where a person had to get permission from the chair in order to address discussion on a motion.  There was discussion by the council and City Attorney Steve Schwab gave clarification of the rules and procedures.

Resolution 07-37 was introduced by Councilor Marin adopting the council procedures, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman.  Councilor Brooks voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-37 included with these minutes)

(e.)      RESOLUTION 07-38 – WAIVING BLAZING STAR TRAIL JOINT POWERS BOARD ANNUAL AUDIT

City Manager Simonsen explained that in Section 8.8 of the Blazing Star Trail Joint Powers Board Agreement stipulates that an annual audit of the books shall be made and filed no later than June 1^st of each year.  In 2006, the only financial activity was twelve months of interest earnings.  The Joint Powers Board is requesting that the City Council of Albert Lea and the City Council of Austin waive the required annual audit for 2006.  The City’s Finance Director has reviewed the documentation provided on this account and can support the request to waive the audit and conduct a multiple year audit in the future. be able to cancel the lease with proper notice.

Resolution 07-38 was introduced by Councilor Brooks waiving the required annual audit for 2006, 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 07-38 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

(a.)       APPOINT FAMILY COLLABORATIVE MEMBER

Mayor Erdman stated that there is no appointment as of this time.

(b.)      MAYOR/WARD AND COMMITTEE ITEMS

First Ward, Councilor Rasmussen:

·         No Ward Items

·         Library Committee – Construction of the library is running behind.  There may need to be more reinforcement of 2^nd floor.

·         Thanked the street department for the good job of removing snow during the storm.

·         Congratulations to the wrestling teams and all of the winter sports teams going to State.

·         Serving on the Port Authority Board and stated that he would like to challenge everyone to say “Hello” to someone we do not know each and every day.

Second Ward, Councilor Baker:

• No Ward Items

• Planning Commission approved Flying J and Chadwick Marketplace

Third Ward, Councilor Marin:

• Thanked the street department for the good job during the snow removal.

• Reported that he attended an excellent CVB Meeting.

• Requested an update on Sunset Street.  City Manager Victoria Simonsen explained that the owner of the property has authorized the appraisal and the owner will be returning to Albert Lea in March and will meet with city staff at that time.

• Requested clarification of the action that the city council took at the last meeting regarding the I&I Program.  City Engineer Steven Jahnke gave an overview of the time line and the process as to how the city and residents would proceed with this new requirement.

Fourth Ward, Councilor Olson:

• No Ward Items.

• Park & Recreation Meeting discussed moving T-ball back to nights; also a basketball court may be donated by the Kiwanis to the city and Park & Rec. are discussing where this could be located.

Fifth Ward, Councilor Severtson:

• Owner of Sportsman Inn is requesting that the 15-minute parking signed be removed in front of his business. Also, this owner had questions why he has to pay parking assessment and no other business on his block pays these assessments?

• Concerns about snow removal on Main Street into the street/road right of way.

• Televised a production regarding abuse victims and this was a worth while project.

Sixth Ward, Councilor Brooks:

• No one was present for the reconstruction project meeting for Margaretha Avenue

• Twelve businesses will have large assessments on the Margaretha Avenue project.

• Chief Winkels and officers are doing a very good job on the community policing and policies.

Mayor Erdman:

·         Thanked all city departments for their efforts in the snow emergency.

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

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

·         Ward II – Request for placing of “Watch for Children” signs on Oakwood Drive; the engineering staff and street department have installed “Slow-Children” signs at the entrances to the area.

·         Ward VI – Request for public review of the city’s snowmobile ordinance.  City Attorney, Steve Schwab reviewed the current snowmobile ordinance with the council.

·         Currently, the sound system within the council chambers is being worked on and new speakers and a feedback eliminator are to be installed next week.

·         Concern regarding the $300.00 fee for the vacation of alleys and public ways.  This fee has been on the city fee chart for some time.  If the request is by a private party the fee is charged the $300.00, if it was a request by the city, the fee was waived as we would be charging ourselves.

·         Concern about the city paying for Greater Job Membership, this is viewed as a legal membership fee for councilors.

·         A concern regarding the remodeling of city hall without permission--the library expansion and moving of offices has been approved by the city council and the cost of updating of offices is allowed within the spending authority of the city manager.

7.         PUBLIC ITEMS:

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

• Concerns regarding the Tiger Hills Development payment of $58,013.90 for contaminated soils.  City Manager Simonsen explained that there was a contaminated site on this property and as part of the Petro Fund this needed to be removed.  This invoice will be reimbursed to the city from the state (80%) and developer (20%).

• Concerns regarding the $300.00 for Greater Jobs and did not feel that this should be paid for by the city.  City Manager Simonsen explained how and why this is a membership that can be paid for by the city.

• Inquired as to who stayed at the Ramada for $538.00?  City manager stated she would need to check on this.

• Stated that the City Charter states that the Comp Plan must be done by the City Council and City Manager.

Mayor Erdman requested that Mr. Bok have a specific topic and request that Mr. Bok sit down.  Mr. Bok thanked the council and left the podium.

Mr. Dale Drescher, 1609 Bridge Ave.:

·         Complained about the snow removal on Richway and stated that this is the worst job ever and that the county trucks do a much better job on the county roads.  He stated that he almost lost his exhaust system on the ruts in the roads.

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

• Stated concerns about fire restoration, mechanical liens and people who tamper with evidence.  When someone tells you in a contract to get estimates that is what you should do, when people tell you to hold onto a piece of paper until it is all finalized, that is what you should do.  It states that you must have a final inspection before anyone gets paid, that did not happen in my case.  Mechanics lien has not been released.

Mayor Erdman requested that City Attorney Steve Schwab address this matter.

City Attorney Steve Schwab stated that there was a dispute between Mr. Cantu and his contractor.  Stated that city inspector went in and identified some corrections to be made.  Then the contractor should go back in and make those corrections, and then we sign off on the final inspection.  This did not happen as Mr. Cantu would not let the contractor back in the house.  This is where the city’s involvement ended.  Mr. Cantu and the contractor were in litigation.

• Concerns regarding why some residents are allowed to speak at pre-agenda and others are not?

8.         ADJOURNMENT – 8:40 p.m.

Councilor Severtson moved and Councilor Brooks seconded, that there being no further business, the council meeting be adjourned at 8:40 p.m., until the next regular meeting of the Albert Lea City Council on Monday, March 12th, 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 27, 2007.

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