March 26, 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, 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.  Absent:  Councilor George Marin.

(a.)       The Pledge of Allegiance was recited.

2.         CONSENT AGENDA

(*a.)     APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MARCH 12, 2007 AND SPECIAL MEETING MINUTES OF MARCH 20, 2007.

(*b.)     RESOLUTION 07-45 – APPROVING CLAIMS:  Resolution 07-45 represents the financial claims of the City.

(See Secretary's Original Resolution 07-45 included with these minutes.)

(*c.)     APPROVAL OF LICENSES AND PERMITS:

(*d.)     AUTHORIZATION TO APPOINT STEVE WIRTZ AS THE CITY’S AGENT TO APPROVE ENVIRONMENTAL ASSESSMENT WORKSHEETS.

(*e.)     ACCEPT THE E.A.W. FOR THE HARTMAN PROPERTY

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.)       REQUEST FROM DUCK’S UNLIMITED OF FREEBORN COUNTY

City Manager Simonsen explained that the City had received a request from Duck’s Unlimited of Freeborn County to reduce or waive the arena rental fee.  This is the third year that Duck’s Unlimited have held their fundraising banquet at the arena.  They are requesting that the $450 charge be reduced to $100 or waived completely.

The Duck’s Unlimited activity uses the main arena space from Thursday evening to Sunday at noon.  The city has changed the schedule of our soccer program to accommodate the event.  The fee includes the setup, banquet, take down and cleanup after the activity.  Costs of city staff for this event are approximately $300, which does not include use of the facilities, utilities, etc.

MOTION:  Move to deny the request for waiving the $450 fee.

Motion was introduced by Councilor Brooks, seconded by Councilor Baker.  After discussion by the council, the following amendment was offered.

AMENDMENT:  Made an amendment to reduce the fee to $300.

Amendment was introduced by Councilor Brooks, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said amendment:  Councilor Brooks and Baker.  Nays:  Councilor Rasmussen, Olson, Severtson and Mayor Erdman.  Amendment failed.

On roll call vote on the original motion to deny the request, Councilor Rasmussen, Olson, Severtson and Mayor Erdman voted aye.  Nays: Councilor Brooks and Baker. Mayor Erdman declared the motion passed.

(b.)      REQUEST FOR USE OF PUBLIC FACILITIES – H.U.G.S.

City Manager Simonsen explained that Ms. Barb Sorum, Co-Chair of the Freeborn County Child Abuse Prevention Council, (H.U.G.S.), is requesting permission to use Morin Park for their first annual child/family carnival on Saturday, May 5, 2007 from 10 a.m. to 2 p.m.  The event will be open to the public countywide as a fundraiser and education event.  The H.U.G.S. is further requesting to barricade West William Street along the north edge of the park during the event.  City staff has reviewed the request and is able to support it.  Ms. Barb Sorum and Mr. Theodore Paulson invited the council to participate in the ballgame scheduled for that afternoon.

MOTION:  Move to grant this request for the use of Morin Park on Saturday, May 5, 2007, and placement of barricades as necessary.

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

4.         UNFINISHED BUSINESS

(a.)       FOLLOWUP TO RESOLUTION 07-20 – ORDER FOR REMOVAL – JEFFREY JAX -115 E. FOURTH STREET

City Manager Simonsen explained that on January 22, 2007 the City Council authorized an order for removal of the structure located at 115 E. Fourth Street.  The property is owned by Mr. Jeffrey Jax and Lauri Lindschmidt.  The property was placarded in 1999 and has had continual building code issues since that time.  A building permit was issued in November of 2005 for the replacement of siding, windows and roof on the single-family dwelling.  However, the project has not been completed and hazards continue to exist.

This building does not meet the minimum standards of the City of Albert Lea Housing Code.  The cost to bring this house up to minimum standards will well exceed 50% of what the house is worth.  The inspection office has used as standard practice if the cost of the repairs is in excess of 50% of the County Assessor’s market value of the structure on the premises, such building will be placarded as unfit for human habitation.  This house was placarded in April of 1999 and again in January of 2005, City of Albert Lea Housing Code states: Any dwelling declared as unfit for human habitation and which is not restored within a period of six months shall be considered a nuisance and unsafe building and shall be removed as provided by this article or chapter 18.

The recent order authorized that all personal property and/or fixtures be removed and the building be razed and removed within 45 days of the service of this order.

On March 12, 2007 Mr. Jax appeared before the City Council and requested that the order for removal be rescinded.  The City Council responded with a granting of a two week extension to further review the progress at this location.

Mr. Jeffrey Jax was present and showed the councilors pictures of the outside of the dwelling.  After some discussion the council allowed the order to stand.

5.         NEW BUSINESS

(a.)       RESOLUTION 07-46 – AUTHORIZING SMALL CITIES DEVELOPMENT PROGRAM FULL APPLICATION

Mr. Jon Ford, Executive Director, Housing & Redevelopment Authority, gave a brief overview of all of the benefits of applying for this grant and updated the City Council on recent activity within the HRA and SEMCAC.  Mr. Ford stated that the City of Albert Lea will be receiving $371,250.00 in grant monies from the Minnesota Department of Employment and Economic Development.  The intent of the funding is to provide owner occupied rehabilitation for low to moderate income households in targeted areas within the City.  Specifically, south of Main Street, west of Garfield, east of Hwy 65 and north of C.S.A.H. 19.

Resolution 07-46 was introduced by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-46 included with these minutes)

(b.)      DISCUSSION REGARDING DEMOLITION OF BUILDING – 117 W. COLLEGE STREET

City Manager Simonsen explained that the City of Albert Lea has been working with Ms. Judith McKinnon for several years regarding the dilapidated property she owns located at 117 W. College Street.  Over the past year the Heritage Preservation Commission and City staff has worked closely with Ms. McKinnon to identify potential strategies to salvage the building.  Most recently, the rear wall of the structure has deteriorated to a point that it has become a safety hazard.  The Inspection Department personnel feel the condition of the building merits immediate action by the owner and/or City Council.

Ms. McKinnon was present and stated that she had the back portion of the building removed and she had secured the rest of the building.  The Council asked if she would work with the City to either save or demolish the building.  She stated that she would.  Fire Chief Stieler stated that the building has been secured but the city and the owner must keep working on the demolition of this site.

Owner of the building at 115 W. College Street expressed concern about the falling bricks and stated that his company is unable to use the parking lot.

MOTION:  Move to continue working with Ms. McKinnon on the authorization to raze or submit a plan for the repair of the hazardous building located at 117 W. College Street within 10 days.

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

(c.)       RESOLUTION NO 07-47 – ACCEPTING BIDS FOR SHARED USER PATH (JOB 0501)

City Manager Simonsen explained that this project involves the construction of a bituminous shared user path from the Brookside boat landing to Pioneer Park as planned for 2007.  Four bids were received for the project:  Ulland Bros., Albert Lea $129,861; Freeborn Construction, Albert Lea, $140,099; Crane Creek Asphalt, Owatonna, $141,535; Sorenson Bros., Albert Lea, $146,135.  City staff recommends the low bid as submitted by Ulland Bros.  The engineer’s estimate on the project was $134,254.
Resolution 07-47 was introduced by Councilor Brooks approving and accepting bids for the Shared User Path as proposed, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-47 included with these minutes)

(d.)      RESOLUTION 07-48 – RESOLUTION ACCEPTING BIDS FOR SHARED USER PATH LIGHTING (JOB 0501)

City Manager Simonsen explained that bids were accepted for the 2007 Pedestrian Lighting Contract No. 1.  The project involves furnishing and installing thirty ornamental pedestrian lights along Fountain Lake from the Brookside boat landing to Pioneer Park.  This project will be in conjunction with the construction of the bituminous shared user’s path along the same route.  The city received a total of eight bids ranging from $90,948 to $111,848.  Bid summary is as follows:  Bowman Electric, Albert Lea, $90,948; Thompson Electric, Albert Lea, $93,000; Accell Electric, Austin, MN $100,000; Mankato Electric, Mankato, MN $101,800; Kunkel Electric, Mapleton, MN $106,125; Cole’s Electric, Owatonna, MN $106,750; Albert Lea Electric, Albert Lea, MN $109,129; and O’Connor Electric, Albert Lea, MN $111,848.

Staff recommends the low bid as submitted by Bowman Electric, Albert Lea, MN at $90,948.  The engineer’s estimate was $114,600.

Resolution 07-48 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, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-48 included with these minutes)

(e.)      RESOLUTION 07-49 – AUTHORIZING AGREEMENT WITH ALBERT LEA HOCKEY SCHOOLS – CITY ARENA

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with the Albert Lea Hockey Schools to rent the second sheet of ice at the Albert Lea City Arena from July 23rd to 27th, 2007.  The Albert Lea Hockey Schools shall pay the City of Albert Lea $1,700 for the time period listed above.  They shall also provide adult supervision for locker rooms, coaching and referees for its programs.  City staff recommends the approval of this agreement.

Resolution 07-49 was introduced by Councilor Brooks, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-49 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

(a.)       MAYOR’S APPOINTMENT TO THE LIBRARY BOARD AND PLANNING ADVISORY BOARD

Mayor Erdman appointed Lisa Deyak, 204 Ridge Road, term expiring 12/31/09, replacing Jane Saunders to the Library Advisory Board, and Robert Hoffman, 2153 Harmony, term expiring 12/31/07 replacing Joyce Erickson-Olson to the Planning Advisory Board.

MOTION: Move to approve the Mayor’s appointments to the Library Advisory Board and the Planning Advisory Board.

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

(b.)      MAYOR/WARD AND COMMITTEE ITEMS

First Ward, Councilor Rasmussen:

• Questions regarding the future of the green space on East Main.  What type of grasses will be planted?  City Manager Simonsen stated that a complete design of that area has not yet been completed; staff will be working on the possible of razing of another building within this area.  It must remain a public space and no structures can be built on this site.  We would like to plant some type of low maintenance materials on this site.

Second Ward, Councilor Baker:

• Questions regarding when a neighborhood meeting will be scheduled for the 8th Avenue Lift Station.  City Engineer Steven Jahnke stated that the design would be completed by March 31 and the meeting would be held sometime in late April, 2007.

Third Ward, Councilor Marin:  -  Absent
Fourth Ward, Councilor Olson:

• Concern about a manhole and sidewalk on Giles Street.

Fifth Ward, Councilor Severtson:

• Concern at 529 Euclid, garage faces the alley and they would like a “No Parking” sign at Triangle.
• Kelly’s Jewelry Store, regarding bricks falling off the building and is requesting that an inspection be completed on this site.
• Two vehicles are parked there without current license plates.

Sixth Ward, Councilor Brooks:

• Water runoff on Hamilton.
• Cleanup of property located on Eunice Avenue
• When will the street crews start on grading the alleys?  City Engineer Steven Jahnke stated that as soon as the alleys are dry, they will be graded.
• Questions regarding the benches and bleachers for the Memorial Day parade.

Mayor Erdman:

• Thanked all of the members of the Comprehensive Plan Steering Committee that donated their time determining who we would be using as a consultant.
• Addition of another member to the Comprehensive Plan Steering Committee from the Senior Citizens community.
• Thank you to the city staff, councilors and volunteers who contributed in working at the city booth for the Home and Garden Show.

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

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

• Concern regarding the entrance and exits access at Rainbow Terrace, during the construction of Maragretha.  Engineering staff has stated that there will always be a one-half access to that property during the construction.
• Port-a-potty towards the end of Blazing Star Trail.  In discussing this item, staff is concerned about vandalism and the problem with heavy trucks driving out on the path every week to maintain it.

7.         PUBLIC ITEMS:

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

• Stated concerns regarding the fact that no one is responsible for the dilapidated housing. City Manager Victoria Simonsen stated that the City Council is given a list of dilapidated housing on a regular basis.
• Concerned about signs in the right-of-way and why are they not removed.
• Concerned about the parking of boats, campers and other items in the front of the house.  Ordinance states that they must be behind the house.  No parking of semi-tractors in a residential area.  City Manager Victoria Simonsen stated that the city is working on this item on a regular basis.
• Frank Hall Avenue – this area needs to be cleaned up, it has a lot of trees that are down.
• Concerned about money from Port Authority into Greater Jobs, was this $1.5?  Why are we the bank for them?  Port Authority is not separate from the city.  Why would be allow one person to control over $8,000,000.00 and he is not even accountable.  How much money do we have in the Port Authority and I do not get an answer?  This must come before the council.  It did in January when the Port Authority was an item of business.
• Whoever goes to a motel, the name and the billing must be itemized, and that is the ordinance.
• Why was the snow allowed to be place in the right-of-way?  City workers are doing all of the clean-up after the snow is melted, picking up the garbage.
• Cato Drive has not been graded since last year.  The neighbor has a garden in the right of way and rip rap around the tree.  Grading should be done from the culvert to Joe’s property to let the water out of the back yards.  If a culvert has to be placed in his driveway that is his problem not ours, he cut the tile that went through his place when he built that house that is why the other houses are having trouble with water backups.  The tile should be hooked up again.

Ms. Tanya Lynch, 1705 South Shore Drive, stated the following:

• Concerns regarding the Tiger Hills Development and the payment of $58,000.00.  Had several questions regarding this item.  City Manager Simonsen explained the process and addressed the questions.
• Had questions and concerns regarding the Letter of Credit with Tiger Hills Development and also had questions regarding a conflict of interest.  City Manager Victoria Simonsen explained that the city used Kennedy & Graven, Minneapolis, MN to write the Phase II development agreement, so there was no conflict of interest.  She also stated that the Office of the State Auditor reviewed these documents and found no issues.

Ms. Linda Borland, 929 Bridge Avenue, stated her concerns regarding:

• Channel area, safety issue and feels that this area should be cleaned up.

Mr. Patrick Corrigan, 1814 Frank Hall Drive”

• Complimented the new Traffic Control Officer and what a good job she is doing.

7.         ADJOURNMENT – 8:40 p.m.

Councilor Brooks moved and Councilor Olson 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, April 9th, 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 March 27, 2007.

____/s/______________________                            /s/                                   _____
Secretary of the Council                                       Mayor Randall Erdman

2007 Archived minutes
Older Archived Minutes (2000-2006)

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