Pastor Marsha Hall, Trinity Lutheran Church, offered a prayer.

The Monday, April 28, 2008 meeting of the Albert Lea City Council was called to order at 7:00 p.m. in the City Center Council Chambers by Mayor Randall Erdman.

1.         CALL TO ORDER AND ROLL CALL

Present were Mayor Randall 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/KCPI Radio.

a.         The Pledge of Allegiance was recited.

Mayor Erdman introduced Mr. Jim Stone, Chairman, Human Rights Commission, and Mr. Michael Zelenak, Staff Representative, to present the winners of the Human Rights Commission Essay Contest.  Mr. Stone presented certificates and prizes to the following:  Joseph Granso - 1st place; Mallorie Gill - 2nd place; and Mariah Talamantes 3rd place.  Mayor Erdman and Councilors congratulated all of the winners.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF APRIL 12, 2008.

*b.       RESOLUTION 08-92 – APPROVING CLAIMS:  Resolution 08-92 represents the financial claims of the City.

(See Secretary's Original Resolution 08-92 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-93 – AUTHORIZING MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION – MOOSE LODGE #1703

(See Secretary's Original Resolution 08-93 included with these minutes.)

*e.        CALL WORKSHOP FOR AUDIT PRESENTATION ON MAY 8, 2008

*f.        PARADE PERMIT FOR ALBERT LEA/FREEBORN COUNTY 3RD OF JULY PARADE

*g.       ESTABLISH THREE PUBLIC DOCK SPACES ALONG LAKEVIEW BLVD.

*h.       DOWNTOWN ASSOCIATION REQUEST FOR USE OF JACOBSON BUILDING/DUMPSTER PLACEMENT MAY 16 TO MAY 19, 2008

*i.         REQUEST TO HOLD EVENT WITH DJ MUSIC – MIKE LARSON, 204 NORTH SHORE AVENUE

MOTION:  Move to amend the consent agenda by adding (i) and adopt the consent agenda as presented.

Councilor Severtson moved that the consent agenda items be adopted as presented, and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said motion: Councilors: Rasmussen, Marin, Olson, Severtson, Brooks and Mayor Erdman. 
Councilor Baker abstained.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS (NO ITEMS)

4.         UNFINISHED BUSINESS

a.         PUBLIC HEARING FOR ORDINANCE 118, 3D – (2nd reading) – ESTABLISHING DEVELOPMENT STANDARDS AND LAND USE WITHIN THE PD PLANNED DEVELOPMENT DISTRICT FOR THE WEDGEWOOD COVE FIRST ADDITION AND SECOND ADDITION

City Manager Simonsen explained that this is the second reading and public hearing for Ordinance 118, 3d - Establishing Development Standards and Land Use within the PD Planned Development District for Wedgewood Cove First Addition and Second Addition.  Previously, the Planning Commission recommended the zoning classification change from R1 Single Family District to PD Planned Development District.  The ordinance outlines how the site shall be developed, used and maintained in accordance with the general development plan.  The plan includes density options, land uses and conditions.  Some of the items identified within the ordinance include the designation of public streets, emergency roadways, sidewalk and trail systems, green space, utility easements, maintenance of wetlands and ponds, signage, street lighting and reference to homeowner’s association documents.  The ordinance also states that the golf course shall remain in place a minimum of 25 years from the adoption of this ordinance at which time the subdivision could be changed into a residential development.  The ordinance states that private wells may be permitted and used for golf course irrigation purposes only.  A complete copy of the ordinance and plans has been provided to the City Council.

Mayor Erdman opened the public hearing.

Mr. Roger Bok, 1012 Cato Drive, had questions regarding the costs on the extension of the watermain loop on W. 9th Street and Wedgewood.  Also, inquired as to who will pay for this cost?  Stated that this was to be completed years before as part of another project. (Pickerel Lake Townhomes Project)

City Engineer Steve Jahnke stated that the estimated cost for the water is $144,000 on Wedgewood and $28,000 on 9th Street.

Mayor Erdman closed the public hearing after calling three times for more public input.

Ordinance 118, 3d and summary of publication of this ordinance was introduced by Councilor Marin, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said ordinance and summary of publication: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared Ordinance 118, 3d and summary passed.

(See Secretary’s Original Ordinance 118, 3d included with these minutes.)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-94 – ORDERING IMPROVEMENT AND PREPARATION OF PLANS - W. 9TH & WEDGEWOOD ROAD PHASE III (JOB 0625)

City Manager Simonsen explained that a public hearing is being held to receive input regarding improvements to be made on W. 9th Street and Wedgewood Road which include the installation of sanitary sewer, storm water and watermain as well as bituminous roadway.  This resolution would accept the feasibility report identifying that the estimated total cost of the improvement will be $647,569.40.  Of this amount, 75% would be city costs and 25% would be assessable to abutting property owners.  Of the assessable portion, 52% will be held for future assessments because the properties are currently outside of city limits

Mayor Erdman opened the public hearing.

Mr. Rudolph Anderson Jr., 2017 W. 9th Street, stated that he received an assessment notice in the amount of $41,800 and that the city cannot assess his property as his property is not annexed into the city.  He stated that assessments cannot exceed the value of the property.  Also is opposed to sidewalks in this area.  His lot measures 265 feet not 300 feet.

City Manager Victoria Simonsen stated that these assessments are being held for the future and that another public hearing will be held for the future assessment at which time those properties are annexed.
Mr. Manuel Cantu Jr., 312 McArthur Drive, inquired as to how far this project will be assessed and stated that the gravel road would be good for eight years.

Mayor Erdman closed the public hearing after calling three times for more public input.

Councilor Baker stated that Mr. Wilbur Schneider, 2014 9th St. W., contacted him and that he is very concerned with the amount of the proposed assessments.

Councilor Severtson stated that he had concerns regarding the ownership of the Township Road and requests that staff checks into this matter.  Councilor Severtson requested that the resolution be amended to include the ownership of the Township Road.

Resolution 08-94 was introduced and amended by Councilor Marin to include the ownership of the Township Road, Resolution and Amendment was 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 08-94 included with these minutes)

b.         RESOLUTION 08-95 – INITIATING “NO PARKING” ON CERTAIN STATE AID STREETS IN THE CITY OF ALBERT LEA

City Manager Simonsen stated that this resolution would initiate no parking on certain state aid streets within the City of Albert Lea.  A letter was sent to the affected residents on Thursday, April 17th informing them of the proposed restrictions, as well as giving them an explanation as to why this is being proposed.  To date, only four people have responded to the letter.  Three of those have said they have no objection to the restrictions as proposed and one person has been opposed.  The City Council has been provided a summary of the resident’s comments.

If the City Council elects not to enforce the “no parking” requirement, the general fund would have to contribute an additional $79,000 toward Job 0802.

The following streets would be designated as follows:

• Hawthorne Street from Lakewood Avenue to Garfield – no parking on the north side.
• Lakewood Avenue from Hawthorne Street to Richway Dr. – no parking on the west side.
• Third Street from Madison Avenue to Newton Avenue – no parking on the south side.
• Lakeview Blvd. from Fountain Street to Grace Street – no parking on west side.

Councilor Baker had questions and concerns regarding the no parking on the west side from Lakeview Blvd. from Fountain Street to Grace Street and suggested changing this to the following:

• Lakeview Blvd. from Fountain Street to 250 feet north – No Parking on the west side.
• Also the “No Parking Signs” not be placed directly in front of the houses, if that is possible.

Resolution 08-95 was introduced and amended by Councilor Baker to include “Lakeview Blvd. from Fountain Street to 250 feet north – No Parking on the west side”, resolution and amendment was 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 08-95 included with these minutes)

c.         RESOLUTION 08-96 - ORDERING NEIGHBORHOOD IMPROVEMENT AND PREPARATION OF PLANS – STATE AID STREETS (JOB 0802)

City Manager Simonsen explained that on April 14, 2008 the City hosted a public hearing for Job 0802 involving the mill, overlay, curb replacement and sidewalk replacement for several state aid streets.  The roads involved in the project are Hawthorne Street (Lakewood Avenue to Garfield Avenue), Lakewood Avenue (Richway Drive to North Shore Avenue), Lakeview Blvd. (Fountain Street to Vine Avenue), and Third Street (Madison Avenue to Newton Avenue).  The total cost of the project is estimated to be $451,473.47.  Of that amount, 62% will be assessable to abutting properties with the remainder being paid for by state aid funds and the city’s general fund.  A meeting was held on April 1, 2008 to inform residents of the details of the project prior to the public hearing.  If approved, the project would be awarded in May with project completion occurring in September.

Resolution 08-96 was introduced by Councilor Severtson, 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 08-96 included with these minutes)

d.         RESOLUTION 08-97 – APPROVING ADMINISTRATIVE SURVEY – ALBERT LEA MEDICAL CENTER
           
City Manager Simonsen explained that this resolution would approve an administrative survey combining lots of record creating Tract A & Tract B at 405 & 410 Water Street.  The survey was prepared by Jones, Haugh & Smith, Inc. on October 15, 2007 for the Albert Lea Medical Center.

Resolution 08-97 was introduced by Councilor Brooks, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Councilor Rasmussen abstained.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-97 included with these minutes)

e.         RESOLUTION 08-98 – AUTHORIZING MULTI-AGENCY LAW ENFORCEMENT AGREEMENT WITH SAINT PAUL

City Manager Simonsen stated that this resolution would authorize the City Manager, City Attorney and Police Chief to enter into an agreement with the Saint Paul Police Department as part of a Multi-Agency Law Enforcement Agreement pertaining to internet crimes against children (ICAC).  The Office of Juvenile Justice and Delinquency Prevention have awarded the Saint Paul Police Department with a grant to assist law enforcement in investigating and combating the exploitation of children which occurs due to the use of computers.  The grant would fund equipment, training and expenses which are incurred by law enforcement as a result of such investigations.  The City of Albert Lea would become a Minnesota ICAC Task Force Member and agree to participate in scheduled regional meetings, forwarding information relative to investigative targets and victims and participate fully in audits required by the Office of Juvenile Justice and Delinquency Prevention.

Resolution 08-98 was introduced by Councilor Marin, seconded by Councilor Olson.  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 08-98 included with these minutes)

f.          RESOLUTION 08-99 – AUTHORIZING HOME TOWN PRIDE CLEANUP DAY AND REDUCED RATES – MAY 17, 2008

City Manager Simonsen explained that this resolution would authorize the Fourth Annual Home Town Pride Cleanup Day to provide city residents the opportunity to dispose of many items free of charge or at reduced rates at the transfer station and demolition landfill.  Cleanup Day would be held on Saturday, May 17th, 2008 from 9:00 a.m. to 12:00 p.m.  Proof of city residency will be required.  Neither hazardous waste nor commercial garbage will be accepted.  The reduced rates on cleanup day from 9:00 a.m. to 12:00 noon will be:

                                    Free                             Brush and Yard Waste
                                    Free                             Household Garbage
                                    Free                             Demolition Debris
                                    $10.00                         per Appliance/Sofa Beds
                                    $5.00                           per Furniture Piece
                                    $1.00                           per Tire
                                    Regular Rates for rims, and e-waste

The City would like to thank Thompson Sanitation and Waste Management for their generous contribution toward Home Town Pride Cleanup Day.

It should be noted that Freeborn County will be hosting Household Hazardous Waste Collection at the City Transfer Station on Saturday, May 3rd from 9:00 a.m. to 12:00 p.m. for Albert Lea residents.  An electronic collection will be scheduled for Friday, May 16th from 10:00 a.m. to 2:00 p.m. at the Freeborn County Fairgrounds.  The cost for disposal of electronics will be $5.00 for each unit.  For more information on either of these collections, please contact the Environmental Services Department of Freeborn County at 377-5186.

Councilor Marin requested that the resolution be amended to include free brush and yard waste for May 17, 2009.  Councilor Baker agreed to this amendment.

Resolution 08-98 was introduced and amended by Councilor Baker, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-99 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

First Ward, Councilor Rasmussen reported:

• Committee meeting updates.
• Concerns regarding vehicles driving on Brookside path.
• Requested staff to give opinion on County responsibility at transfer station.

Second Ward, Councilor Baker reported:

• Committee meeting updates.
• Questions regarding the compost fee for commercial vehicles.
• Sidewalk broken on south side of Grace between Park Avenue and Vinehust.
• Alley needs grading adjacent to Hayek Field.
• Stop light at the hospital intersection still needs timing changed.

Third Ward, Councilor Marin reported:

• No Committee updates.
• Concerns about cargo trailer parked on city right-of-way on County Hwy 46 & Arena Road.
• Requested explanation of storm water fees, flooding in area of South 4th Avenue & Plainview.  Wants ideas for resolution in this area.
• Received several call and questions regarding compost fees and loads of black dirt being taken out of the landfill and whether the city is charging for this.
• Requested staff to research a Social Host Ordinance.
• June 22-25 – The local ministries in Albert Lea will be hosting an event at the Marion Ross Performing Arts Center.  They are requesting to rent a letter board sign for the concert and other activities.  (This item will be placed on the next agenda).
• Requested staff to check on the condition of Bay Oaks Drive.
• Margaretha Avenue – stop light should be checked.
• Thank you to staff for addressing the Front Street Parking

Fourth Ward, Councilor Olson reported:

• Committee updates.
• Public Forum – May 19th Senior Center at 5:30 p.m.
• Oak Trees on South Washington

Fifth Ward, Councilor Severtson reported:

• Committee meeting updates
• Inquired as to if the Police Department would assist crime free on non rental properties
• Opportunity for a left turn lane on Blake Avenue & 46.
• Concern about the compost and transfer station.

MOTION:  Move to place the discussion of the Transfer Station on the next agenda.

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

Sixth Ward, Councilor Brooks:

• No Committee Items.
• Inquired as to when the work is scheduled for the repair of alleys, between Todd and Frank Hall, both north and south ends, and alley between Academy and Lee?
• Stop Light on Margaretha Avenue needs to be checked.
• Removal of easement on property at 2603 S. Shore Dr.

Beth Atz, 2603 S. Shore Drive, explained to the council that in 1959, when the South Shore Drive area was platted to be the Lakeview Terrace, an easement was established for a future road that would connect South Shore Drive to Highway 65.  It was never done and the 65 foot wide easement is still in place, which runs up to the front steps of their home.
The sale of this property is contingent upon the vacation of this easement.

MOTION:  Move to call a public hearing for the vacation of street easement for May 12, 2008 at 7:00 p.m.

Motion made by Councilor Brooks, 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.

• Stated his concerns about the compost fee issue and apologized for introducing this resolution in December 2007.  Requested that the council revisit this issue.

Mayor Randall Erdman reported:

• Proclamation for Stroke Awareness Month.
• Proclamation for Municipal Clerks Week.
• ArtSpace Public Meeting on May 5, 2008 at 7:00 at the Marion Ross Performing Arts Center, public is invited to attend.
• Thank you everyone who hosted the Senior Center Open House.
• Albert Lea Letter Carriers Food Drive to be held on May 10, 2008.

b.         City Manager’s response to Public Items

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

• Presented petition from Mr. Eric Raven and various residents regarding the saving of trees scheduled to be removed at the Mill Street Senior Housing Project.
• 4th Ward - Staff did check on the concern of the sump pump which was discharging into an alley near Garfield.  The current practice is acceptable.
• 5th Ward – Staff have visited with the person regarding the hardship assessment.
• Signage on Margaretha is in place both north and south regarding “No Trucks Allowed”

7.         PUBLIC FORUM

Mr. Eric Raven, 821 Minnesota Avenue, stated:

• Concerns regarding the cutting of the trees on the northwest corner of Mill Street and Washington Avenue.  There are several large mature healthy trees, four of which are native Burr Oak trees and are over 150 years old.  Requested that the council stop this building process and place a moratorium on this property until this matter can be resolved.

Mr. Manuel Cantu Jr., 113 McArthur, stated:

• Apologized to Mr. Jon Ford for using more than two minutes during open forum at the previous meeting.  Everyone should have equal time as the council has requested.

Mrs. Verlys Huntley, 10516 720th Avenue, Emmons, stated:

• Thanked the council for their support of the use of the municipal lot and working with the Farmer’s Market.  This will be the seventh year of the Farmer’s Market at this location.
• Will be providing free rides to the Farmer’s Market with Albert Lea Transit on Wednesdays.
• More activities will be added to the Farmer’s Market, such as music, entertainment and food.
• Thanked the council for serving this community.

8.         ADJOURNMENT – 9:00 p.m.

MOTION:  Motion to adjourn.

Motion made by Councilor Olson, seconded by Councilor Severtson.  Motion and second were withdrawn.

• COMPOST FEES

Councilor Brooks requested the floor and made the following motion:

MOTION:  Move to waive the $10.00 compost fee until May 17, 2008.

Motion made by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution:  Councilors Brooks and Marin. Nays: Rasmussen, Baker, Olson, Severtson, and Mayor Erdman.  Mayor Erdman declared the motion failed.

ADJOURNMENT

Councilor Olson moved and Councilor Brooks seconded that there being no further business, the council meeting be adjourned at  9:00  p.m. until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, May 12, 2008.  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 April 29, 2008.

___/s/____________________________            _____/s/__________________________
         Secretary of the Council                                       Mayor Randall Erdman

2008 Archived minutes
Older Archived Minutes (2000-2007)

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