4-9-07

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Randy Erdman.

1.         CALL TO ORDER AND ROLL CALL

Present were Mayor Randy Erdman, Councilors Vern Rasmussen, Larry Baker, George Marin, Reid Olson, John Severtson and Al Brooks.  Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, and KATE Radio.

a.         Pledge of Allegiance was recited.

2,         CONSENT AGENDA

(*a.)     APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MARCH 26, 2007.

(*b)      RESOLUTION 07-50 – APPROVING CLAIMS:  Resolution 07-50 represents the financial claims of the City.

(See Secretary's Original Resolution 07-50 included with these minutes.)

(*c.)     APPROVAL OF LICENSES AND PERMITS:

(*d)      AUTHORIZATION FOR THE INSTALLATION OF “NO PARKING END HERE” SIGN – TRIANGLE DRIVE

(*e.)     APPROVAL OF STREET SWEEPING REQUEST FOR FREEBORN COUNTY COMMUNITIES

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

3.         PETITIONS-REQUESTS-COMMUNICATIONS

(a.)       REQUEST TO WAIVE CONDITIONAL USE PERMIT FEE – EAGLE SCOUT PROJECT

The City Council had received a request from Mr. James Swenson, an Eagle Scout candidate, to waive the $300 application fee for a conditional use permit that is necessary for his Eagle Scout project.  Mr. Swenson would like to construct a large raised flower bed that includes a 3 foot x 4 foot limestone sign welcoming people to the First Lutheran Church.  The $300 fee is applied toward the cost of the required advertising for the conditional use permit.

Councilor Baker asked to have this item removed from the agenda.  Councilor Baker had raised the dollars necessary for the conditional use permit fee and presented the money to Mr. James Swenson to begin the process.  Councilor Baker complimented Mr. Swenson for getting involved in the community and making a difference in Albert Lea.

(b.)      REQUEST FOR USE OF ALBERT LEA AIRPORT – CLOVERLEAF LIONS CLUB

City Manager Simonsen explained that the Albert Lea Cloverleaf Lion’s Club is requesting the cooperation of the City for use of the Albert Lea Airport for a fly-in pancake breakfast to be held on June 10, 2007.  The Club has provided the City a certificate of liability insurance in the amount of $1 million for each occurrence.  The request includes the use of the large airport hangar as in previous years.

MOTION:  Move to grant this request for the use of Albert Lea Airport for June 10, 2007.

Motion was introduced by Councilor Severtson, seconded by Councilor Marin.  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.)       REQUEST FOR PERMANENT PARKING OF TRAILER – GRACE CHRISTIAN CHURCH

Mr. Robert D. Lovelady, Deacon of Grace Christian Church, explained that he was speaking on behalf of the leadership and members of the church located at 501 W. College Street.  They are requesting a waiver for the temporary parking of a 48 ft. trailer in the parking lot adjacent to the church over the summer months.  The trailer would be used for the purposes of children, youth and family ministry events.  He had contacted the neighbors to the north and west of the church and there were no objections.  City Manager Simonsen noted that this lot is located in an R-1 zone which does not permit the parking of trailers.

MOTION:  Move to grant this request.

Motion was introduced by Councilor Olson.  Mayor Erdman called for a second, three times.  Mayor Erdman declared that the motion failed for lack of a second.

(d.)      REQUEST FOR USE OF RIGHT-OF-WAY – ULSTAD AVENUE

City Manager Simonsen explained that Mr. Steve Manuel, 821 Ulstad, has requested to install a concrete drive and parking pad on city right-of-way on the west end of Sheridan at the corner of Ulstad and Sheridan.  This location is a section of right-of-way between the railroad tracks and the roadways.  This is currently a gravel section.  The Street Department currently plows this section and maintains the gravel and would continue to do so with the concrete pad in place.  Staff has reviewed the request and does not have objections as long as the following conditions are met:

• The owner acknowledges that this is city right-of-way and he has no rights to the property.
• The owner agrees that the concrete pad will be removed at his cost if given written notice to remove it from the City of Albert Lea.
• If approved by City Council, it is recommended that the City Attorney draft an agreement outlining the conditions of this arrangement.

MOTION:  Move to approve this request subject to the following:

• The owner acknowledges that this is city right-of-way and he has no rights to the property.
• The owner agrees that the concrete pad will be removed at his cost if given written notice to remove it from the City of Albert Lea.
• If approved by City Council, it is recommended that the City Attorney draft an agreement outlining the conditions of this arrangement.

Motion was introduced by Councilor Severtson, seconded by Councilor Marin.  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.

(e.)       RECOGNITION OF PAUL NEILSON FOR BEAUTIFICATION EFFORTS

Fire Chief Paul Stieler presented Mr. Paul Neilson with a Neighborhood Improvement Award.  Mr. Neilson purchased a dilapidated property, tore it down, and finished the lot, which has made a great improvement to the entire neighborhood.

(f.)       DISCUSSION REGARDING CITY HOME TOWN PRIDE CLEAN UP DAY IN CONJUNCTION WITH EARTH DAY, APRIL 28, 2007

Ms. Annie Sanders, 74500 - 240th Street, Albert Lea, MN stated that she works for the Minnesota Environmental Partnership to educate and involve citizens in protecting Minnesota’s Great Outdoors.  Several programs will be taking place during the week of April 22-28, 2007.  A flyer was presented to the council and encouraged all councilors and residents to become involved in Earth Week in Albert Lea.

Motion:  Move to have the city participate and sponsor a “no-charge” for certain items at the landfill on April 28, 2007.

Motion made by Councilor Severtson, seconded by Rasmussen.  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.)       DISCUSSION REGARDING DEMOLITION OF BUILDING – 117 W. COLLEGE STREET

Mayor Erdman stated that this item will be moved to the April 23rd, 2007 agenda due to a request by the owner, Ms. Judy McKinnon and Mr. Greg Raines.  City Manager Victoria Simonsen stated that the walls had been shored to temporarily secure the structure.

5.         NEW BUSINESS

(a.)       RESOLUTION 07-51 – EXTENDING PURCHASE AGREEMENT – MOOSE FAMILY CENTER #1703

City Manager Simonsen explained that this resolution would authorize a purchase agreement between the City of Albert Lea and the Moose Family Center #1703 located at 328 Main Court.  The agreement outlines that the City agrees to buy the property including the parcel and any buildings thereon for the price of $335,000 to be paid in full at the time of closing, which must occur prior to December 31, 2007.  The purchase is for acquisition only, relocation payments are not included.  The seller may remove any personal property or site improvements prior to the date of move out.  Move out shall be no later than March 31st of 2008.

Resolution 07-51 was introduced by Councilor Marin, 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 07-51 included with these minutes)

(b.)      RESOLUTION 07-52 – RESOLUTION AUTHORIZING JOINT ORDERLY ANNEXATION – EDGEWATER BAY BOAT LANDING

City Manager Simonsen explained that the City of Albert Lea has requested annexation of property in the Albert Lea Township located on the northwest edge of Edgewater Bay east of Highway 13 consisting of approximately 13 acres of land.  The City is requesting this annexation in anticipation of a grant agreement with the Department of Natural Resources for the construction of a boat landing at this site.  The City Council and Township Board held a joint informational meeting to discuss the annexation and agreed that no tax payment is necessary on this property.

Resolution 07-52 was introduced by Councilor Rasmussen, seconded by Councilor Brooks.  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 07-52 included with these minutes)

(c.)       RESOLUTION 07-53 – PUBLIC HEARING AND RESOLUTION AUTHORIZING PROJECT FOR PILOT ROAD, MILROSE AVENUE, AND ALGON STREET (JOB 0627)

City Manager Simonsen explained that a public hearing was held to review project Job 0629 involving the construction of a storm sewer system, paving, curb and gutter for Pilot Street from Windsor Avenue west, Milrose Avenue and the west end of Algon Street.  A neighborhood meeting was held on March 27th with several neighbors present.  The estimated total costs of the improvements are $405,126.77, with 80% of the cost being assessable and the City’s portion being 20%.  A notice of the public hearing has been published and mailed as required.  If the improvements are approved this evening, the project will be bid with construction anticipated to start on June 1st and project completion by September 30, 2007.

Public Hearing for this project was opened by Mayor Erdman.

Mr. & Mrs. Dennis Colstrup, 522 Pleasant Avenue, Albert Lea, stated that they do not live on Pilot Road but own property adjacent to this project area.  They stated that they are opposed to this project for the following reasons:

• If they try to develop this land in order to recoup their losses for the expenses they incur from resurfacing & etc., it would cost more than what the land is worth.
• It is in need of soil reparation and fill.
• They do not want, nor intend to develop this property.
• The property is considered marginal development land.
• They question whether the property would actually increase in value by $36,000.00.
• They do not use Pilot Road.
• The land is residential and butts up to commercial.
• If the project continues, the proposed assessments should be re-appropriated to the storage facility.

Mayor Erdman called three times for more public input and then closed the public hearing.

Councilor Rasmussen noted that special arrangements for payment of assessments may be necessary when it is appropriate to do so.

Resolution 07-53 was introduced by Councilor Rasmussen, seconded by Councilor Brooks.  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 07-53 included with these minutes)

(d.)      RESOLUTION 07-54 - ACCEPTING BIDS FOR CLEANING & REPAIRING SOUTH WATER TOWER (JOB 0627)

City Manager Simonsen explained that sealed bids were recently accepted by the City of Albert Lea for Job 0627 involving the cleaning, repairing and painting of the 300 million gallon elevated south water tower.  Six bids were received for the project as follows:

                     BIDDER                                     Alternate “A”            Alternate “B”

• Odland Protective Coatings, Inc.                 $281,500                     $273,500 Rockford, MN

• George Kountoupes Painting Co.                  346,600                       340,600 Lincoln Park, MI

• LeadCon, Inc.                                                369,200                       362,200 Hudson, WI

• Classic Protective Coatings, Inc.                   387,392                       379,392 Menomonie, WI

• TMI Coatings, Inc.                                         405,200                       403,200 St. Paul, MN

• Horizon Bros. Painting Corp.                         415,600                       403,600 Howell, MI

The engineer’s cost estimate for this project was $308,200 for Alternate “A” which included the painting of the City’s logo and lettering on the tank.  Kollmer Consultants and City Engineers are recommending that the bid from Odland Protective Coatings, Inc., Rockford, MN in the amount of $281,500 be accepted as the lowest responsible bid for the project.  This project was budgeted in 2007.

Resolution 07-54 was introduced by Councilor Marin to accept alternate “A”, 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 07-54 included with these minutes)

(e.)       RESOLUTION 07-55 – AUTHORIZING AGREEMENT WITH PETER AND PATRICIA BERGLAND FOR REMOVAL OF BUILDING LOCATED AT 532 EAST MAIN

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with Peter & Patricia Bergland to authorize the City of Albert Lea to remove or raze the building they own located at 532 E. Main Street.  The Bergland’s are in agreement that the building constitutes a hazard to public safety because of its age, physical damage, inadequate maintenance and dilapidation and agree that it beyond reasonable repair.  The agreement authorizes the City to remove the building at its cost with the cost of disposal at the demolition landfill being assessed to the property.

Resolution 07-55 was introduced by Councilor Severtson, seconded by Councilor Marin.  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 07-55 included with these minutes)

(f.)       RESOLUTION 07-56 – ACCEPTING FEASIBILITY STUDY AND CALL PUBLIC IMPROVEMENT HEARING, MAY 14, 2007 – AMELIA PLACE, AMELIA AVENUE, HOFFMAN AVENUE, OREGON STREET AND HERSHEY STREET (JOB 0630)

City Manager Simonsen explained that this project involves the total reconstruction of Amelia Place and Amelia Avenue, Hoffman Avenue, Oregon Street and Hershey Street from YH Hanson to the east end.  Over the years the pavement of these streets has deteriorated to a point where total reconstruction is warranted.  Several sections of roadway included in this project have two options available in regard to curb, gutter, sidewalk, granular base and subsurface drain tile.  The total estimated cost of the project is $389,436 with 85% being assessable to property owners and 15% remaining as city cost.

This resolution would accept the feasibility study and call a public improvement hearing for May 14, 2007 at 7:00 p.m. in City Council Chambers.  A neighborhood meeting would be held on April 17th regarding the improvements.

Resolution 07-56 was introduced by Councilor Marin, 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 07-56 included with these minutes)

(g.)      RESOLUTION 07-57 – ACCEPTING WITHDRAWAL FROM JOBZ PROGRAM – INNOVANCE, INC.

City Manager Simonsen explained that on April 4, 2006, Innovance, Inc. entered into a JOBZ Business Subsidy Agreement with the City of Albert Lea.  On January 1, 2007, Innovance changed its corporate status and JOBZ status no longer provides significant tax saving benefits.  Innovance is requesting to cease participation in JOBZ program and requesting the City to take the necessary actions to facilitate this action.

The resolution confirms a request to withdraw from the program.  The City will contact DEED to request the JOBZ contract with Innovance, Inc. be nullified.  The County will also be contacted to remove the property tax exemption once acknowledged by the State.  This would mean that Innovance would have its 2007 property taxes levied along with any property tax exemption for 2006, if any.

Resolution 07-57 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 07-57 included with these minutes)

(h.)      RESOLUTION 07-58 – CALL A PUBLIC HEARING – JOBZ BUSINESS SUBSIDIES – PROPOSED DISTRIBUTION CENTER

City Manager Victoria Simonsen explained that this resolution would call a public hearing at 7:00 p.m. on April 23, 2007 to hear an application for JOBZ Business Subsidies for a proposed distribution center considering locating in Albert Lea.

Resolution 07-58 was introduced by Councilor Marin, 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 07-58 included with these minutes)

(i.)        RESOLUTION 07-59 – AUTHORIZING REPLACEMENT OF CITY TRUCK UNIT #229

City Manager Simonsen explained that the Street Department is proposing the replacement of a dump truck, Unit #229.  The vehicle is a 1993 International single-axle dump truck with an eight ton capacity.  Approximately eight years ago the Utility Department purchased a new truck and Unit #229 was transferred to the Street Department.  City staff is requesting to replace an existing unit in the Street Department with a new one and the Utility Department receive a used street department truck that is in good condition.  Unit #229 currently has 94,700 miles and 7,431 hours on it.  The original purchase price of this vehicle 14 years ago was $51,000.  The truck has served the City well and is at the end of its life cycle.  Diesel engines and automatic transmissions of this size are extremely expensive to repair if failure occurs.

The Street Department is requesting the trade-in of Unit #229 for a 2008 International 7400 series truck.  Astleford International trucks currently hold the state contract.  The new vehicle purchase price would be $60,975 with a $13,500 trade-in value for a total truck cost of $47,475 plus tax and licenses.  The truck would also need to be equipped with a box, hoist, lighting, plow hitch, underbody, hydraulics, sander and controls.  J-Craft of Kimball, MN holds the state contract for the equipment listed.  The total cost of equipment is $54,171 plus tax for a grand total of $101,646 plus tax and license, to replace Unit #229 with a 2008 International 7400 series truck and equipment.

Resolution 07-59 was introduced by Councilor Marin, seconded by Councilor Brooks.  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 07-59 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

(a.)       MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Port Authority Board has offered the position for the Executive Director to Mr. Dan Dorman

Second Ward, Councilor Baker:

• Thanked everyone who contributed to the Scout Project.

Third Ward, Councilor Marin

• Thanked members of the Port Authority for their choice of Mr. Dan Dorman

Fourth Ward, Councilor Olson:

• Joint meeting with YMCA and Park & Recreation Department regarding the possible effort in working toward a joint community center.

Fifth Ward, Councilor Severtson:

• Parking issues on Eberhardt, close to Garfield.
• Issues of junk cars at 425 West College and trailer loaded with junk at 106 Fenton Street.
• HRA Meeting – They are in good shape.
• Airport Advisory Meeting – project is on schedule for next year.

Sixth Ward, Councilor Brooks:

• Thanked the Street Department for working on pot holes and street issues.
• Reported on the appointment of the Port Authority Executive Director.

Mayor Erdman:

• Requested an update on the hiring of a consultant for the Comprehensive Plan.  City Manager Simonsen stated that the steering committee voted to hire LHB Hoisington to conduct our Comprehensive Plan.  Staff will be setting up a meeting with them regarding the agreement, etc.
• Human Rights Commission – Will be holding an essay contest next year for 6th, 7th and 8th grade students in conjunction with Martin Luther King Day.  There will be cash prizes.  Also, working on an Ethnic Day Celebration in conjunction with the Farmer’s Market.
• Congratulations to Mr. Dan Dorman and commend the Albert Lea Economic Development Agency Board for their time and efforts.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

• Ward Items – Triangle Drive “No Parking Sign” was approve this evening.
• Request to check manhole in front of Giles Place; staff did inspect and it was in good condition.
• Wall behind Kelly’s Jewelry Store – Inspectors did inspect and it does need some repair and are asking the two owners of the stores to work on this issue.
• Concern of storm water drainage on Hamilton Avenue; culvert was frozen and was opened by the Street Department.
• Questions on Memorial Day Parade – Committee decided not to use benches and bleachers; encourage people to bring lawn chairs.
• Reminder to the public – staff will continue to work on parking of semi’s, trucks, campers, boats, etc.  Community Policing techniques and the Inspection Department will be enforcing these rules and ordinances.

7.         PUBLIC ITEMS

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

• Purchase of vehicles, item should be held over until the next meeting, you cannot pass it at the first meeting.
• Sheridan – this is an improvement, so it calls for a public hearing.
• Hiring of Dan Dorman – how was this done?  There is nothing separate of our City Council.  How does Dan Dorman get a job, how much is he going to get paid?  Paul Sparks was getting paid $1,560 for doing this job, and then when it broke apart, now he is getting over $100,000.00.  Now, something is not right here.  Where and when are you discussing this?  There are going to be several complaints turned in on Dan Dorman.
• Vehicles and other items parked in the city right-of-way.  Why are they still there? Signs that are in the right-of-way.  Ordinance says that nothing should be in the city right-of-way.
• Stevens Road – everything washing out of Perkins into the ditch.  City should clean it out, lower the intake, water will run out of the ditches.
• Snow in right-of way – railroad tracks and Front Street – who put it there?  City should not be putting snow on other people’s property.

8.         ADJOURNMENT – 8:11 p.m.

Councilor Marin moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 8:11 p.m., until the next regular meeting of the Albert Lea City Council on Monday, April 23, 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 April 10, 2007.

   /s/ Shirley Slater-Schulte                                        /s/ Randall Erdman                    
Secretary of the Council                                       Mayor Randall Erdman

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