Albert Lea, Minnesota 

March 13, 2006

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 Pro Tempore Al Brooks.

Present were Councilors Vern Rasmussen, Randy Erdman, Jeff Fjelstad, George Marin, John Severtson and Mayor Pro Tempore Al Brooks. 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) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF FEBRUARY 27, 2006.

 

(b) RESOLUTION 06-56 ADOPTED – APPROVING GAMBLING PERMIT RENEWAL FOR THE EAGLES CLUB, 205 WEST WILLIAM.

(See Secretary's Original Resolution

06-56 included with these minutes.)

(c) RESOLUTION 06-57 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT FOR THE FREEBORN COUNTY 4-H CLUBS FOR A RAFFLE AT THE FREEBORN COUNTY FAIRGROUNDS ON AUGUST 5, 2006.

(See Secretary's Original Resolution

06-57 included with these minutes.)

(d) RESOLUTION 06-58 ADOPTED – CLAIMS: Resolution 06-58 presents the financial claims of the City.

(See Secretary's Original Resolution

06-58 included with these minutes.)

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

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

• A request for an update on the Freeborn Bank Building had been voiced. There appears to be renewed interest in this building and it will be listed as a full agenda item for the Council retreat.

• A request for a handicap sign at Uptown Dental was received. This was discussed with the downtown association and neither the association or staff objects to the placement.

• A copy of the Blazing Star Landing redevelopment opportunity booklet and the Bridge Avenue Corridor study are available in the Public Library.

• A question was raised about chip sealing in the Dawn Acres area. This is scheduled for 2013. The chip seal is applied two to three years after a complete reconstruction and this project was an overlay.

• The various lights that are out have been reported to Alliant for repair.

• A question was raised as to why the City is moving chips and rocks from the Blazing Star Landing site to a site on South Broadway. This occurred at the City Manager’s request as part of the clean-up efforts for the Blazing Star Landing area.

• A statement was made that the recent purchase of two vehicles and the animal control vehicle were not approved by the City Council. In reviewing the minutes, these purchases were authorized in February 2005 by Resolution 05-37.

• In response to the statement that a City truck was parked outside City Limits, the superintendents are permitted to take the City trucks home to be available after hours. The truck did not cost $40,000 as stated; it was purchased for $28,000.

 

City Manager Simonsen reported that this is a public hearing to receive input regarding the proposed Neighborhood Improvement Project, Job 0601, involving the mill, overlay, curb replacement and sidewalk replacement project in the east part of the city. The general area is bounded on the northwest by the railroad, on the south by East Main Street and on the east by Wayside Avenue. The estimated cost of the project is $700,000 with 80% being assessable to the residents and 20% expensed to the City. A public meeting was held in February to discuss the project in detail with the residents involved.

Mayor Pro Tempore Brooks opened the public hearing. The necessary notice for this hearing was published on March 2, 2006.

Tom Lehman, 1911 Johnson Street, stated that he had missed the neighborhood meeting and asked what work would be done on Johnson relating to sidewalk and curb. City Engineer Jahnke stated that sidewalk repair will occur in those areas that currently have sidewalk and sections of curb will be replaced where necessary. The City will advertise for bids and the contractor will do the work. Mr. Lehman asked if he could do the work himself and Mr. Jahnke asked Mr. Lehman to call him.

Steve Thue, 610 Edgewood, asked what work would be included in the project. Mayor Pro Tem Brooks explained that it would consist of overlay, curb replacement and sidewalk replacement. Mr. Thue stated that there are tilted light poles in the area that need straightening. City Engineer Jahnke stated that he would look at the poles for tilting and these would be straightened out. He also noted that some trees would be removed as they are causing curb and sidewalk to heave up.

With no one else appearing to be heard, Mayor Pro Tempore Brooks closed the public hearing.

Councilor Fjelstad reported that a tree was put in by the City at 620 Columbus and the property owner is requesting that it be removed. There are also two trees in the boulevard at 906 Ulstad that are 65 years old and marked for removal. These trees aren’t causing any upheaval. He requested that staff look at these trees noting that perhaps they could remain. He also stated that the City performs this project in various areas around the City annually and that the work is necessary for this area. He asked the City Manager to explain the hardship provision. Ms. Simonsen stated that the City has a policy for assessment deferral for elderly or disabled persons whose income is within certain guidelines. Applications for this deferral can be obtained from the City Clerk.

Councilor Severtson stated that he had received one phone call and the complaint was about the cost of the project not the improvement.

Tom Lehman then asked if the assessment can be paid through taxes. Ms. Simonsen assured him that it could.

Councilor Fjelstad moved, Councilor Severtson seconded, that Job 0601 be ordered. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-59 included with these minutes.)

Paul Ehlers, 1620 Canary Drive, stated that he had read the article in the Albert Lea Tribune about the sexual predator petition and offered to sign the petition. He suggested that the Council consider broadening the ordinance to include other concerns and dangers such as meth dealers, domestic abusers and drunk drivers.

Roger Bok, 1012 Cato Drive, asked why the City was found $193,000 short when audited by the State Auditor, asked whether the former street superintendent has filed a lawsuit against the City, asked whether the City is subject to an audit by the State Auditor every year, complained that people are parking in the front parking lot overnight which doesn’t permit the plow from properly cleaning the lot causing uneven packed down snow and the potential for slipping, that the City Center parking lots are a mess, stated that the chips should be removed from the park and put by the City Garage, asked for proof of the cost of the pickup and stated that he didn’t recall hearing about this truck that these purchases require two readings, asked for a sign at the signals on Blake Avenue noting that drivers don’t pull far enough ahead to trip the light, asked if the same person who designed Blake Avenue is doing the design on East Main, asked whether more lighting would be installed on South Broadway, asked whether the property being sold by the Port Authority has been listed in the newspaper and suggested the signs by the courthouse crosswalk be raised.

James Odenthal, 204 East Front, manager of Channelview, reported that as the result of an accident in February, a light pole is leaning on James Avenue. A resident had reported this to the Police Department and asked if it will be replaced. Ms. Simonsen explained that parts have been ordered and the light will be repaired as soon as the parts come in.

Harold Kamrath, 326 Glenn Road, asked what progress has been made about informing the public when various programs will be aired on the government channel, suggested that more Sesquicentennial events be videotaped and aired, stated that he didn’t believe sprinkling the City Center as a part of the Library expansion is necessary and asked what has been done and what might be done to get an exemption so the City doesn’t have to spend the $250,000 to sprinkle the building and stated that the City raised his taxes 22.6 percent when it has $7 million in reserves.

Brian Bashans, 17547 749^th Avenue, stated that at the Chamber’s Eggs and Issues flood forum, Representative Dorman suggested the City hire a lobbyist. He questioned whether the City has considered this and Ms. Simonsen replied that the City has given it some consideration. Mr. Bashans then stated that the agenda for the Shellrock River Watershed Board meeting included an item to take under consideration the hiring of a lobbyist jointly with the City of Albert Lea. He noted that through 2004 local government associations have shown a 71.5 percent increase in costs for lobbyists and the State Auditor is looking into this because lobbying costs have been understated in reports to the Auditor.

City Manager Simonsen answered questions raised by the public as follows:

• The $193,000 shortage is from TIF District 5-5. The issue is in the hands of the County Attorney. The State Auditor did an audit of the TIF District which was formed back in the early 90’s and there was a discrepancy in hosting a public hearing to modify the district. The item was brought before the City Council and the City Council voted on how to proceed with it. There will be follow-up when the County Attorney has made his decision.

• The City has not received a lawsuit from the former street superintendent.

• With regard to parking lot in the front of the building, the City addresses issues as we are made aware of them. The Fire Department had put out ice melt prior to the City Council meeting.

• With regard to cars parked overnight, the City needs to make the determination on whether we are going to enforce parking throughout the community. The Police Department may be making a request in the near future regarding a plan to better enforce parking throughout the City and at that point we will enforce what is written.

• With regard to the chips being placed in a park, City Engineer Jahnke stated that the chips were placed in the Matson pit on South Broadway.

• The purchase of a vehicle does not take two readings.

• City staff will look at the Blake Avenue signal situation.

• The question of lighting on South Broadway, the City Council is in full agreement that the City needs to improve lighting throughout the community. That is one of the reasons that a year ago they approved a lighting utility so that we would have a way to fund lights throughout the community. This utility was rescinded in December 2005 and now there are no funds to pay for additional lighting. Funding now needs to be approved through the Capital Improvement Plan. This year for East Main Street, because we have new developments coming into the area, we are able to assess the cost of the lighting. If the businesses on Highway 65 would like to be assessed for the cost of the improved lighting, we can take a look at that.

• With regard to property being sold by the Port Authority being advertised, that is something that would need to be addressed to the Port Authority.

• The City Engineer will look at the pedestrian signs at the courthouse.

• Program guides for the government access channel are being shown on the channel and appear in the City’s newsletter.

• Videotaping Sesquicentennial events for airing on the government access channel would be an added expense for the City as we would need to hire additional staff and purchase additional equipment. Perhaps these events could be taped by participants and provided to the City for airing.

• With regard to the City’s reserves, the State Auditor gives the City a guideline to follow and the City is exactly where she recommends we be. They want the City to be able to operate six months without income.

• With regarding to sprinklering the City Center, there are options which would mean we would not have to sprinkle but it would mean putting in corridors, enclosing stairways and probably would cost more than sprinklering would.

• The City has been very frugal in its lobbying costs. Other than the Coalition of Greater Minnesota Cities and the League of Minnesota Cities that represent us as a whole, Ms. Simonsen is unaware of a time that the City hired its own lobbyist. Albert Lea is not a part of that 71 percent increase.

Mr. Mark Hovland, President of the Fountain Lake Sportsmen’s Club, requested Council approval for the club’s annual "Take A Kid Fishing Contest". The event would be held on June 10, 2006 at Edgewater Park. The Club is also celebrating their 25^th year of organization and is requesting a financial contribution from the City of Albert Lea to be used toward the purchase of a handicapped accessible pontoon boat.

When asked about the cost for the pontoon, Mr. Hovland responded that it would cost around $10,000. He noted that the club has raised some funds for this purpose. Ms. Simonsen suggested Mr. Hovland submit his request this fall for Council consideration in 2007.

Councilor Rasmussen moved, Councilor Marin seconded, that the Fountain Lake Sportsmen’s Club be permitted to conduct its annual "Take A Kid Fishing Contest" at Edgewater Park on June 10. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and permission granted.

The City has received an initiative petition for the Council to consider an ordinance limiting the residency of sex offenders within the community. Mr. Theodore Paulson has requested this item to be part of the agenda to be addressed by the City Council. A copy of the petition is attached and the City Attorney has conducted preliminary research regarding this issue.

Theodore Paulson, 616 James Avenue, explained that the intent of the petition is to keep child molesters away from children. He informed the Council that he has collected 910 signatures requesting a referendum be placed on the November ballot and noted that if the City Council passes an ordinance it would eliminate the need for the referendum. Since the state doesn’t notify residents of the offenders’ identity or location, he will be assured that they don’t live across from his son’s school.

Karon Rynerson, 412 Columbus, has two young daughters and expressed concern that two sexual predators are living near Hawthorne School and noted that she has two living behind her. She is asking the City Council to enact an ordinance.

Ron Hunter, 109 East Clark Street, stated that an ordinance would prevent an offender from reoffending and would protect the children. He noted that Iowa’s sexual offender laws were recently upheld in court. He feels that this is not necessarily a state issue but one that affects Americans no matter where they live. He fears that if the City Council doesn’t adopt an ordinance and other communities do that those offenders would move to communities without an ordinance which could cause the sex offender population to grow. Passing an ordinance would be more financially feasible and more prudent than going for a referendum. Requiring that sex offenders not live next to or across from a school, daycare, park or City pool will not prevent them from living in this community. There is plenty of housing in the community which would not force the offenders to go underground. They are required by law to report their existence in the community and the Police Department could inform them of the ordinance at that time. He asked the City Council to request the City Attorney draft an ordinance to protect the children and other residents.

Frank Cole, an Albert Lea Police Department Detective, stated that the department had hosted a forum about sexual offenders and the incidence for reoffending several weeks ago. He doesn’t believe an ordinance will prevent an offender from reoffending. He has found that most sexual offenses occur within a family and cited statistics from studies regarding missing and abducted children. Preventing offenders from living next to or across from schools, parks, daycares, etc. will not keep them from walking or driving to the schools or parks. To be effective, an ordinance would need to require that the offenders stay out of the parks and off the playgrounds. In order to offend they must meet someone. He noted that offenders today are meeting their victims on the internet. Questions need to be answered before enacting an ordinance.

Manuel Cantu, Jr., 113 McArthur Drive, stated he had a neighbor who was an offender and he feels that the neighborhoods should be notified when an offender moves in.

Theodore Paulson stated that if he isn’t informed of where the offenders live he at least wants to know that they are not across the street from where his son goes to school.

Karon Rynerson stated that if they are across the street that is how they get to know their victims. People don’t know their neighbors as well as they should. If the residents don’t know who the offenders are they can’t protect their children from them.

Mike Murtaugh, 313 Willamor Road, commented that the proposed ordinance will state where an offender cannot live but if people don’t know they are here they can’t protect their children. He is aware that these people groom their victims. He understands that notification is out of the City’s hands. Residents were informed of the offenders’ whereabouts in Albert Lea by the State of Iowa website and not by the local police or even the state but the information is freely available from another state or various other third party websites.

Manual Cantu stated that the offender in his neighborhood had taken items from his house after the fire. He feels it is important that the residents be notified.

Detective Cole stated that the reason the offenders are listed on the State of Iowa’s website and not on Minnesota’s website is that in 1997 Iowa stopped testing offenders and began listing all offenders on its website. Minnesota classifies in three steps. To get into Minnesota predatory offender files, the offender doesn’t necessarily need to be a sex offender but may be a robber, a murderer or another offender. To be assigned a level, the individual needs to be put into prison. Once they are convicted and sent to prison, they are tested and upon release they are given a level with level 3 the most serious. If they don’t go to prison they are unassigned. There are 467 level 3 offenders in the State of Minnesota with less than 25 in communities, most are in institutions. Level ones, twos and unassigned are in the communities with the unassigneds being the most dangerous as they have not been in prison and they have not been tested. There is no guarantee that you can protect your children even if you know they are in your neighborhood. There is no law to protect you from being hurt. You need to educate your children, be cautious and vigilant.

Theodore Paulson asked how many convicted sex offenders this proposed ordinance would affect and Ms. Simonsen responded that until a detailed ordinance is worked out we don’t know.

Councilor Severtson moved to form a committee to study and draft an ordinance that is clear and will work for everyone. Councilor Marin seconded the motion. Councilor Marin added that he would like this ordinance passed by the City Council prior to summer break. He stated that we need a starting point to protect our children and suggested representatives from the Police Department, Human Services, Court Services, Human Rights Commission, School District and perhaps the religious community be appointed to this committee. He asked that the committee not focus too much on the constitutional rights of these predators keeping in mind that the predators didn’t care about the rights of their victims. He also requested he be appointed to the committee representing the City Council.

Councilor Fjelstad stated that these individuals do have rights and the committee needs to be aware of that. He suggested the committee study this issue. He believes this approach is better than going to the referendum process.

Mayor Pro Tem Brooks suggested a representative from Freeborn County be appointed to the committee.

On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried.

Peggy Havener, Library Director, explained that she is requesting the use of the City Center for a fundraising event during the 4^th of July fireworks and permission to form a Library Foundation to develop and execute a fundraising campaign. The campaign would be used to raise funds for fixtures and equipment to compliment the grant renovation. It would further be used to accumulate funds for the future needs of the Library.

Councilor Marin moved, Councilor Rasmussen seconded, that the requests be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the requests approved.

City Manager Simonsen explained that this is the second reading and public hearing for the adoption of Ordinance 103, 3d, implementing an Automated Pawn System®. This ordinance establishes a system to better track the goods that are sold or purchased through local pawn shops. Automated Pawn System® is used throughout Minnesota and is a searchable database that is available to all agencies participating.

The ordinance requires an application for new pawn brokers and the annual renewal of existing licenses and outlines the requirements for each transaction that occurs within the pawn shop including the recording of information into the APS System. On a daily basis the Police Department would receive a list of transactions conducted by the pawn shop. The ordinance details the timeframes for holding an item prior to selling and buying, as well as the consequences for failure to follow the ordinance. This public hearing is being held to receive input and comments on this proposed ordinance. The necessary notice for this hearing was published on March 2, 2006.

Pete Reinert, president of KC Pawn and Gun Shop, appeared in opposition to the ordinance citing statistics he has found showing limited recovery of stolen items with the system and suggested the Council consider Leads on Line as an alternative.

Police Chief Winkels stated that Leads on Line doesn’t meet Minnesota Statute. This is a voluntary system and there is no basis to hold the shop accountable. A recent check of the site showed no transactions by pawn shops. Pawn systems rely on victims to have serial numbers and accurate descriptions of items stolen.

With no additional persons appearing to be heard, Mayor Pro Tempore Brooks closed the public hearing.

After Council discussion and on roll call vote, all Councilors voted in favor of said ordinance. Mayor Pro Tempore Brooks declared the motion carried and the ordinance enacted.

(See Secretary's Original Ordinance

103, 3d included with these minutes.)

Ms. Simonsen requested that the Council set March 25, 2006 from 9 a.m. to 2 p.m. for a retreat and planning session with City Staff at the County Highway Building.

Councilor Marin moved, Councilor Severtson seconded, that the request be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the retreat established.

The Planning Commission is recommending a change in zoning classification for the property known as the Blazing Star Landing from I-1 Industrial District to PD Planned Development. The Planning Commission held a public hearing on February 23, 2006 and is recommending the 55.13 acres to be rezoned as such.

Councilor Marin introduced Ordinance 104, 3d, rezoning the Blazing Star Landing from I-1 to PD. Ordinance 104, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary's Original Ordinance

104, 3d included with these minutes.)

City Manager Simonsen explained that this resolution modifies the 2006 fee schedule to include a $500 annual licensing fee for pawn shops/pawnbrokers, an electronic billing fee of $1.50 per transaction and a manual billing fee of $2.00 per transaction effective July 1, 2006.

Councilor Severtson moved, Councilor Rasmussen seconded, that Resolution 06-60, setting pawnbroker fees, be adopted. On roll call, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-60 included with these minutes.)

City Manager Simonsen reported that this resolution calls a public hearing for March 27, 2006 at 7:00 p.m. for the final report of the Lea Center Grant to be submitted to the Department of Employment and Economic Development.

After Council discussion, Councilor Erdman moved, Councilor Severtson seconded, that a public hearing be held on March 27 for the Lea Center grant final report. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-61 included with these minutes.)

Ms. Simonsen stated that this resolution authorizes the decertification of Tax Increment Financing District 5-6 which was established on March 27, 1995. This district is located on Lots 3-8, Block 1, Albert Lea Industrial Park North. The project costs related to the district have been paid or will be paid from district increments collected from taxes payable in tax years 1996 through 2005. Upon decertification of this district the property taxes generated by the property within the district will now be distributed in the same manner as all other property taxes effective for taxes payable in 2007.

Councilor Fjelstad moved, Councilor Erdman seconded, that Resolution 06-62, decertifying Tax Increment Finance District 5-6, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-62 included with these minutes.)

Ms. Simonsen explained that in November 2005, the City Council was presented with a three-year contract with the Teamster’s Local 320, (representing the Albert Lea Police Department). At that time, the City Council requested a re-vote of the contract with the membership to include a two percent cost of living increase for 2006, 2007 and 2008. Upon a negative vote of the membership, the agreement proceeded to mediation. On March 2, 2006, management staff and union representatives met with Mr. Alan Olson, Bureau of Mediation Services, with the goal of reaching voluntary resolution to the contract. After several rounds of caucusing, it was determined that the original contract proposal which was negotiated in good faith by both parties should be re-presented to the City Council for approval. Therefore, city staff is recommending a three-year contract for 2006, 2007 and 2008 with the wage portion to be reopened in 2007 and 2008. The changes that were made to the existing contract pertaining to shifts, classes, daylight savings time, sick leave, family and medical leave, uniform allowance and shift differentials would remain. City staff is recommending the approval of the agreement with the Teamster’s Local 320 as written.

Councilor Marin moved, Councilor Erdman seconded, that the contract with the Teamsters Local 320 as outlined by the City Manager be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

06-63 included with these minutes.)

The Big Island Rendezvous and Festival, Inc. is requesting a concession agreement to conduct a historical festival within Bancroft Bay Park from September 19^th to October 6^th, 2006. This resolution authorizes permission to use Bancroft Bay Park for this annual event. The agreement outlines the duties of the Rendezvous committee and the City to host a safe and organized event.

Councilor Rasmussen moved, Councilor Severtson seconded, that Resolution 06-64, approving the 2006 Rendezvous contract, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-64 included with these minutes.)

The Minnesota Department of Public Safety has leased a section of the City Arena parking lot for motorcycle testing since 2002. The parking lot has deteriorated to a point that it is not conducive to this testing. The department is requesting permission to work with City Staff to identify a location for motorcycle testing on Thursdays from 8:30 a.m. to 10:30 a.m. from April through October 2006. Ms. Simonsen stated that the department may use Riverland for this testing but that the issue is time sensitive with testing scheduled to begin in April.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the City Staff work with the Minnesota Department of Public Safety to locate a site for motorcycle testing as outlined above. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

06-65 included with these minutes.)

City Manager Simonsen informed the Council that this resolution calls a public hearing on March 27, 2006 at 7:00 p.m. to receive input on a proposal approving Job Opportunity Building Zone (JOBZ) Tax Exemptions for Innovance, Inc. Innovance is a company with three operating subsidiaries located in Albert Lea. The companies include Almco, KleenTec and Lou Rich which provide engineered products and manufacturing services. Lou Rich operates several divisions, including Panels Plus. Due to physical limitations within Innovance’s existing facilities, it does not allow for the manufacturing of the equipment.

Innovance is proposing a business expansion which will result in the manufacture of Panels Plus Products in facilities located at 2611 Y.H.Hanson Avenue. The company will acquire and remodel the facilities for approximately $1,600,000 and will hire at least ten new employees as a result of the proposed expansion. The public hearing will allow the opportunity for public input and to identify criteria that the business must meet in order to receive subsidies as well as specify the public purpose to be achieved and the specific goals committed to by the business.

Councilor Fjelstad moved, Councilor Marin seconded, that a public hearing be called for March 27 to consider JOBZ business subsidies to Innovance. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-66 included with these minutes.)

Ms. Simonsen stated that the City has received a request from Innovance for a $200,000 loan from the City’s Economic Development Revolving Loan Fund. The proposed loan would be in the name of Lou Rich, Inc. at 4% interest for seven years. The collateral would be a second-position mortgage on the 45,000 square foot industrial building located at 2611 Y.H.Hanson Avenue, which has an appraised value of $1.3 million. The proposed loan would provide gap financing for the building equaling 19.23% of the project costs. The proposed project would add ten full time employees in the first year and up to thirty employees within five years. The City has authorized two previous loans to Lou Rich, Inc., one for the purchasing of manufacturing equipment (which was fully paid) and another to D. J. Development Company which is leased to KleenTec and is current on its payments. City staff has reviewed the request for a $200,000 loan and found its use to be consistent with the Revolving Loan Fund Policy and is recommending approval.

Councilor Rasmussen moved, Councilor Marin seconded, that the loan outlined by the City Manager to Lou Rich be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-67 included with these minutes.)

Dick Rocklin, appeared before the Council to thank Ms. Simonsen and Bob Graham for their assistance with this request. He noted that he listens to the meetings and has heard very negative comments on occasion. He also stated that the building was appraised by an independent appraiser and that the company had paid the asking price. The company currently employs over 400 people.

This resolution establishes the following roadways to be designated as municipal state aid streets of the city:

a. Extension of MSAS 129 – Hammer Road, Union Pacific Railroad to Sorensen Road;

b. Extension of MSAS 130 – Y. H. Hanson Avenue, Hershey Street to Sykes Street;

c. MSAS 137 – Sykes Street, Bridge Avenue to Y. H. Hanson Avenue.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 06-68, establishing municipal state aid highways, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-68 included with these minutes.)

Ms. Simonsen stated that on February 17, 2006 the City of Albert Lea was served with a lawsuit claiming that its 2005-2007 sludge hauling contract violated open bidding laws and bid rigging prohibitions. Mr. Marlowe Wangen, M. W. Truck, LLC, has requested that the contract be re-bid for 2006 and 2007.

City Attorney Schwab stated that the Council has the option to go into closed session to discuss this issue. Schwab has met with the principals and their attorneys regarding this lawsuit. The Council has three options at this time including leaving the current contract in place, re-bidding the contract and paying Mr. Wangen’s costs or having City staff do the work. He recommended the City Council leave the Oyer contract in place and proceed with the Wangen lawsuit.

After Council discussion, Councilor Rasmussen moved, Councilor Marin seconded, that Resolution 06-69, continuing with the Oyer contract, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

06-69 included with these minutes.)

City Manager Simonsen explained that according to Section 8.8 of the Blazing Star Trail Joint Powers Board Agreement an annual audit of the books shall be made and filed no later than June 1^st of each year.  In 2005, the only activity was 12 months of interest earnings.  She stated that the Joint Powers Board is requesting that the City Council of Albert Lea and the City Council of Austin waive Section 8.8 requiring an annual audit.  She further explained that if this section is waived, a multiple year audit will be conducted in the future.

Councilor Marin moved, Councilor Rasmussen seconded, that Resolution 05-70, waiving Blazing Star Trail Joint Powers Board annual audit, be approved. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

06-70 included with these minutes.)

First Ward, Councilor Rasmussen:

(1) Congratulated the Albert Lea Tigers winter athletes on their achievements, especially the wrestling team with its second place finish in the state tournament. More importantly they received the academic state championship again. Special congratulations to Ben Berhow on his individual state championship.

Second Ward, Councilor Erdman:

(1) Introduced a motion to direct the Street Department to erect a handicap sign at Uptown Dental. Seconded by Councilor Severtson. On roll call vote, all Councilors voted in favor of the motion. Mayor Pro Tempore Brooks declared the motion carried.

(2) Introduced a resolution to enter into an agreement with the Shellrock River Watershed Board to jointly hire a lobbyist to represent our interests regarding the $3.7 million in bonding requests at the State Legislature. Councilor Marin seconded the motion. After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried.

(See Secretary’s Original Resolution

06-71 included with these minutes.)

Third Ward, Councilor Marin:

(1) Thanked Police Officer Jesus Cantu for the warning about church burglaries.

(2) Thanked Ted Paulson and Ron Hunter for all the leg work gathering the signatures on the petition for a sex offender ordinance.

(3) Agreed that more sesquicentennial events should be aired on the government channel. He suggested that perhaps the City should consider purchasing an easy to use video camera to be checked out in the Library. Those involved in the events could check out the camera and videotape the events. Staff could also consider hiring someone for the season to videotape these events.

Fifth Ward, Councilor Severtson:

(1) Moved to approve a clean-up day in conjunction with the downtown clean-up day. Seconded by Councilor Erdman. On roll call vote, all Councilors voted in favor of the motion with the exception of Councilor Fjelstad who voted nay. Mayor Pro Tempore Brooks declared the motion carried.

(2) Stated that the Fire Department has put out a notice that they are not a part of the recently enacted burglar alarm ordinance. The department will respond to all fire alarms at no charge.

(3) Congratulated City Manager Simonsen on her excellent job performance.

Sixth Ward, Councilor Brooks:

(1) Echoed Councilor Rasmussen’s comments on the wrestling team and congratulated Eric Johnson on his second place finish and Coach Goodnature for being chosen Class AAA Coach of the Year.

(2) Requested a motion to permit the City Manager to remove unnecessary signs and erect necessary signs as she sees fit. Councilor Severtson moved to approve the motion and Councilor Marin seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tempore Brooks declared the motion carried.

City Manager Simonsen announced that the City has received notice from the Department of Employment and Economic Development that the City has been awarded a Small Cities Development Program Grant for Pickerel Park Phase II. The City requested $600,000 and has been awarded $400,000. There were 89 applications submitted and 35 were funded.

Councilor Marin moved, Councilor Severtson 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, March 27, 2006. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the meeting adjourned.

Filed and attested March 21, 2006.

 /S/ Sandi Behrens                                                                  /S/ Al Brooks                                                                 

Secretary of the Council                                                        Mayor Pro Tempore

2006 Archived minutes

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