Albert Lea, Minnesota 

April 10, 2006

 

 

Pastor Glen Stevens, Crossroads Evangelical Free Church, offered a prayer.

 

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 Aaron Summers.

 

 

ROLL CALL

 

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, Al Brooks and Mayor Aaron Summers. 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 and KATE Radio.

 

The Pledge of Allegiance was recited.

 

 

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MARCH 27, 2006.

 

(b) APPROVED REQUEST OF CLOVERLEAF LIONS CLUB FOR A PANCAKE BREAKFAST AND FLY-IN AT THE ALBERT LEA AIRPORT ON JUNE 11, 2006.

 

(c) LICENSES AND BONDS APPROVED:

 

TEMPORARY LICENSES

 

Exhibition/Show

George Carden Circus International, 3901 West State Highway O, Springfield, MO for a circus at the City Arena on May 1, 2006

 

Off-Premises Liquor Sales

Tienda Mexico, 2201 East Main Street, for a wedding dance at the Fairgrounds on April 22, 2006

 

Tienda Mexico, 2201 East Main Street, for a Sweet Sixteen party at the Fairgrounds on April 29, 2006

 

Public Dance

Mary Alice Talamantes de Rosas,328 East Clark Street, for a Sweet Sixteen party at the Fairgrounds on April 29, 2006

 

(d) RESOLUTION 06-84 ADOPTED – APPROVING LAWFUL GAMBLING RENEWAL APPLICATION FOR THE UNION CENTER, 1407 HIGHWAY 13 NORTH

(See Secretary's Original Resolution

06-84 included with these minutes.)

(e) SET APRIL 24, 2006 AT 7 P.M. AS THE PUBLIC HEARING DATE FOR THE SELECT FOODS FINAL GRANT REPORT

 

(f) RESOLUTION 06-85 ADOPTED – CLAIMS: Resolution 06-85 presents the financial claims of the City.

(See Secretary's Original Resolution

06-85 included with these minutes.)

 

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

 

 

FOLLOW-UP TO PUBLIC CONCERNS

 

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

  • A request for placement of a port-a-potty at the far end of the Blazing Star Trail was received. Staff has discussed placement with the vendor and both are recommending that this request be denied at the present time as the trail surface is not designed for truck travel and this would cause the trail to prematurely crumble.

 

PUBLIC ITEMS

 

Patrick L. Corrigan, 814 Frank Hall Drive, commented that he attended the KATE Home and Recreation Show at the City Arena and was surprised to find that the building is not equipped with handicap doors. He suggested that these doors be installed as soon as possible.

 

Manual Cantu, Jr., 113 McArthur commented that the City enforces some code provisions and not others.

 

Ms. Simonsen told the Council that this is an ongoing issue and that he has talked with various City Departments about his dispute with the contractor.

 

City Attorney Schwab noted that Inspection normally requires the contractor to correct the violations but that Mr. Cantu will not permit the contractor back in his home.

 

Larry Flatness, 1704 Hawthorne, thanked the Council for the road grading and stated that City crews informed him that his raised garden is in the street right-of-way. He suggested that the City grade the street to its full width, install curb, gutter, surfacing and sewer replacement. City Engineer Jahnke told Mr. Flatness that he could get a petition from property owners owning at least 50 percent of the front footage and could petition for the improvements.

 

Roger Bok, 1012 Cato Drive, suggested Cato Drive be staked on the west side and that the road be graded to its full width, noted that adjacent properties are different grades causing water to flood the lower areas. Mr. Bok provided pictures of the Cato Drive area and Stevens Street to the City Manager. Mr. Bok then questioned whether the annual Port Authority audits are submitted to the State Auditor for review. He commented that the Port Authority budget is short $193,000 and that the public has never seen the letter the City received from the State Auditor. Ms. Simonsen told Mr. Bok that the shortfall has nothing to do with the Port Authority and that the letter received from the Auditor’s Office was discussed at a public meeting. Mr. Bok then suggested that Paul Sparks be bonded. Mr. Bok also reiterated that the City can’t pass a resolution that is not listed on the agenda.

 

City Attorney Schwab told the City Council that there are no requirements that an item be listed on the agenda prior to the regular meeting.

 

Mr. Bok then asked why the City Council authorized return of money to individuals for tree trimming at a workshop meeting. Ms. Simonsen replied that no discussion or decision was made on that issue at a pre-agenda meeting.

 

 

RESOLUTION 06-86 ADOPTED – AUTHORIZED PHASE I OF FREEBORN BANK BUILDING PROJECT

 

City Manager Simonsen explained that over the past years, the City Council has received and reviewed several proposals for the redevelopment of the historic Freeborn Bank building located at 201 North Broadway. In August of 2005, the City Council granted Steve Ladwig, Ladwig Companies, the opportunity to develop a proposal to remediate the building to its historical significance on the exterior and to offer a mixture of residential and commercial uses on the interior. Since that time, much research has been conducted on how to make the project feasible. However, no construction has taken place. Recently, several sections of the exterior have loosened and been removed to prevent further damage or injury. At the pre-agenda meeting on April 6, 2006, the City Council once again met with potential developers to determine a course of action for this site. Staff recommendation is to maintain ownership of the building throughout Phase I, exterior improvements. She suggested the Council hire an architectural firm with historical building experience to develop rehabilitation specifications for the building exterior. Sealed bids could then be taken to include a condition that the work be substantially completed prior to winter.

 

Council discussion included a need for the Council to decide whether to proceed with the project or demolish the structure, cost estimates for both, the fact that the building is the cornerstone of the downtown district, a need to perform improvements before winter, community interest in seeing the renovation of the building and requested comment from potential developers.

 

Scott Knutson, a potential developer, reported that he has looked at this project for the past three years and that the problem is that there are no tax credits, no profit, no way to make the project work under the State program. He is anxious to maintain the historic nature of the building and commented that if the Council chooses to do a study, get public comment and proceed through the bidding process that Phase I cannot feasibly be completed by winter. He suggested the Council consider sources of funding this project.

 

At the request of Council, Ms. Simonsen explained the legal course of action for the Council. She stated that the Council can’t give the building to someone before it has proceeded through the bidding process and that the Charter prohibits loans to private agencies from ad valorem taxes. Any loans would need to come from other funds. The City Council needs to maintain the integrity of the main floor and make the building as efficient as possible. An architect will need to write specifications which will be sent to contractors ending in formal bids. She noted that windows are the largest line item for the exterior rehabilitation and that the asbestos is mainly around the windows.

 

Knutson commented that the roof replacement can’t occur without a plan.

 

Additional discussion included the need to determine use of the floors and Staff’s recommendation that the work needs to be done before winter to prevent further deterioration.

 

Matt Ladwig, a potential developer, stated that he has discussed this project with his father, Steve Ladwig, and that he requested Matt inform the City Council that he is still interested in developing the building and is interested in more discussions.

 

Councilor Marin moved to proceed with Phase I based on the information that the top floors be prepared for residential and the main floor as retail. Councilor Severtson seconded the motion. After Council discussion, Councilor Marin amended the motion to require that the plan be available in May, the second concurred. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Fjelstad and Brooks who voted nay. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-86 included with these minutes.)

 

 

MAYOR’S APPOINTMENTS

 

Mayor Summers requested confirmation of his appointment of Susan Moore, 1923 South Broadway Avenue, to the Human Rights Commission to a term expiring December 31, 2008. Councilor Rasmussen moved, Councilor Erdman seconded, that the appointment of Susan Moore to the Human Rights Commission be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the appointment confirmed.

 

Mayor Summers then requested the appointment of Paul Field to the Albert Lea Port Authority Board to a term expiring January 31, 2008. Councilor Marin moved, Councilor Severtson seconded, that the appointment of Paul Field to the Albert Lea Port Authority Board be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Summers declared the motion carried and the appointment approved.

 

 

RESOLUTION 06-87 ADOPTED – AWARDING BID FOR JOB 0601

 

City Manager Simonsen stated that bids were accepted on April 5 for the 2006 Bituminous Contract No. 1 involving the milling and overlay and miscellaneous concrete work for several streets located on the eastside of the City. A total of two bids were received. One submitted by Ulland Bros., Inc. of Albert Lea for $559,519.15 and another from Rocon, Inc., Owatonna, MN in the amount of $605,673.62. City staff is recommending accepting the low bid as submitted by Ulland Bros. The Engineer’s estimate on the project was $668,283.

 

Councilor Severtson moved, Councilor Fjelstad seconded, that the bid for Job 0601 be awarded to Ulland Bros. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-87 included with these minutes.)

 

 

RESOLUTION 06-88 ADOPTED – AWARDING TREE REMOVAL BID

 

City Manager Simonsen explained that as part of the 2006 Bituminous Contract No. 1, 84 trees interfering with infrastructure have been scheduled for removal. The City received a total of two bids for the tree and stump removal included with Job #0601. City staff is recommending the low bid of $10,800 as submitted by Albert Lea Tree Service. The other bid was received from Petersen Business Group, Wells, MN for $36,103.50. The Engineer’s estimate for tree and stump removal was $37,800.

 

Councilor Fjelstad moved, Councilor Marin seconded, that Resolution 06-88, awarding the tree removal bid to Albert Lea Tree Service be approved with the following exceptions, two trees at 906 Ulstad with the understanding that if the trees need to be removed at a later date that the homeowner will be responsible for removal, one tree at 620 Columbus and one tree at 606 Cherry. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

06-88 included with these minutes.)

 

 

RESOLUTION 06-89 ADOPTED – ADOPTING ASSESSMENT POLICY

 

Ms. Simonsen reported that the City’s current Assessment Policy was adopted on August 8, 1994. Several revisions have been made to the policy following public input and meeting with local developers. City staff is proposing the adoption of a new policy as presented to City Council. This resolution would repeal Resolution 94-173 and adopt the new assessment policy.

 

Councilor Marin moved, Councilor Brooks seconded, that the proposed assessment policy as presented to the City Council be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-89 included with these minutes.)

 

 

RESOLUTION 06-90 ADOPTED – SETTING SYSTEM DEVELOPMENT FEES FOR SEWER/WATER

 

City Manager Simonsen explained that this resolution adopts a sanitary sewer system and watermain system development fee for new development within the city. The purpose of the development fees is to ensure that the city obtains sufficient funds to pay the cost of construction of sanitary sewer lift stations, sanitary sewer lines, water storage, water treatment facilities and watermains. The fee would also reimburse the city for the cost of making and supervising connections to new properties. The system development fee would equitably apportion the cost of construction among all land owners served.

 

To determine the system development fee, the Engineering Department reviewed three upcoming development scenarios and calculated what the city’s costs would be to determine an average sanitary sewer and watermain system development fee. Based on this average, engineering is recommending the following:

 

Residential Development:

  • Sanitary sewer development fee $1,000 per connection;

  • Water system development fee $800 per connection;

Commercial Development:

  • Sanitary sewer development fee $2,000 per acre;

  • Water system development fee $1,600 per acre.

Ms. Simonsen noted that this fee will be reviewed on a regular basis depending on new development occurring within the community.

 

Councilor Erdman moved, Councilor Marin seconded, that Resolution 06-90, setting system development fees for sewer and water, be adopted. On roll call, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

06-90 included with these minutes.)

 

 

CONFIRMING APPOINTMENT OF CITY CLERK

 

City Manager Simonsen explained that City Charter, Sec. 6.02 allows the City Manager to appoint officers and employees of the City on the basis of merit and fitness. The City Manager is recommending the appointment of Sandra Bera to the position of City Clerk effective July 1, 2006 upon the retirement and resignation of Sandi Behrens. The City Manager is requesting confirmation from the City Council for this appointment. The position was advertised and interviews were conducted to determine the best replacement.

 

Councilor Brooks moved, Councilor Marin seconded, that the appointment of Sandra Bera as City Clerk effective July 1, 2006 be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the appointment confirmed.

 

 

RESOLUTION 06-91 ADOPTED – APPROVING MOSQUITO SPRAYING CONTRACT

 

Ms. Simonsen stated that the City has included the cost of mosquito spraying services in the 2006 budget. The City received quotes from Professional Mosquito Control, Clearwater, MN and More’s Ag Supply, Blue Earth, MN. The City is recommending contracting with Mosquito Control, Inc. at a cost of $3,250 per application for the 2006 mosquito season. Details of their spraying schedule will be available in May.

 

Councilor Brooks moved, Councilor Severtson seconded, that Resolution 06-91, approving the mosquito spraying contract, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

06-91 included with these minutes.)

 

 

RESOLUTION 06-92 ADOPTED – AUTHORIZING PURCHASE OF REPLACEMENT TRUCK

 

City Manager Simonsen reported that this resolution approves the replacement of truck #68 (a 1994 ¾ ton) with a ½ ton truck. Truck #68 is budgeted for replacement in 2006 and staff is recommending it be traded in. Staff received two quotes on a replacement vehicle. The state bid from Owatonna Ford was $17,457 with trade-in; Syverson Ford, Albert Lea, gave us a quote of $18,150 with trade-in. City staff would like to accept the local quote; however, purchasing guidelines require accepting the quote from Owatonna Ford as the lowest bid from the state contract.

 

Councilor Severtson moved, Councilor Brooks seconded, that Resolution 06-92, authorizing purchase of a replacement truck from Owatonna Ford, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

06-92 included with these minutes.)

 

 

RESOLUTION 06-93 ADOPTED – AUTHORIZING FUND TRANSFER

 

Ms. Simonsen explained that this resolution authorizes the transfer of $1,000,000 from unreserved fund balance of the General Fund to the Capital Projects Fund. The transfer is possible due to unexpected fund balance at the end of 2005 and the need to complete capital projects in 2006. She noted that the City experienced an increase in revenue due to a rate increase and additional franchise fees. Expenditures came in under budget mainly due to reduced salaries for new people.

 

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 06-93, authorizing the transfer of $1,000,000, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-93 included with these minutes.)

 

 

UNLISTED ITEMS

 

 

WARD ITEMS

 

Third Ward, Councilor Marin:

(1) Thanked the members of the Sexual Predator Committee for the productive meeting this afternoon.

(2) Thanked the Inspection Division for promptly responding to his requests.

(3) Noted that April is Child Abuse Awareness Month and encouraged parents, grandparents and others to focus on educating children, teaching them to keep safe and to be on the look out for potential predators.

Fourth Ward, Councilor Fjelstad:

(1) Requested that dates for mosquito spraying be aired on the Government Channel.

Sixth Ward, Councilor Brooks:

(1) Asked the City Engineer to contact Mr. Rognes on Frank Hall Drive as he still has issues with water problems.

Mayor Summers:

(1) Announced that he has met with the City Manager and conducted a performance review.

(2) Thanked City Clerk Sandi Behrens for her services as Secretary to the City Council.

 

ADJOURNMENT – 8:15 P.M.

 

Councilor Marin moved, Councilor Rasmussen 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, April 24, 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 April 11, 2006.

 

 

 

 /S/ Sandi Behrens                                                                  /S/ Aaron Summers                                                      

Secretary of the Council                                                        Mayor 

 

 

 

2006 Archived minutes

 

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