Pastor Monrad Mandsager, Lutheran Church, offered a prayer.

The Monday, May 12, 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, Reid Olson, John Severtson and Al Brooks.  Absent:  Councilor George Marin due to a family illness.  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.         The Pledge of Allegiance was recited.

b.         Proclamation for National Police Memorial Week.

Officer J. D. Carlson read the Proclamation for National Police Memorial Week and Mayor Erdman requested a moment of silence.  Mayor Erdman announced that an Open House will be held at the Police Department Office on Saturday, May 17, 2008 from 12:00 p.m. to 4:00 p.m.  The public is invited and encouraged to attend the open house.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF APRIL 28, 2008.

*b.       RESOLUTION 08-100 – APPROVING CLAIMS:  Resolution 08-100 represents the financial claims of the City.

(See Secretary's Original Resolution 08-100
included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-101 – APPROVING FREEBORN COUNTY 4-H CLUBS, 411 S. BROADWAY, FOR A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT AT THE FAIRGROUNDS, AUGUST 3, 2008

(See Secretary's Original Resolution 08-101
included with these minutes.)

*e.       RESOLUTION 08-102 - APPROVING ALBERT LEA AMATEUR HOCKEY ASSOCIATION, 701 LAKE CHAPEAU DRIVE, FOR A MINNESOTA LAWFUL GAMBLING LEASE FOR LAWFUL GAMBLING ACTIVITY

(See Secretary's Original Resolution 08-102
included with these minutes.)

*f.        RESOLUTION 08-103 – CALLING A PUBLIC HEARING ON PROPOSED MISCELLANEOUS ASSESSMENTS, ROLL 0067

(See Secretary's Original Resolution 08-103
included with these minutes.)

*g.       CALL COUNCIL RETREAT FOR MAY 31, 2008 AT THE RAMADA

*h.       ACCEPT THE PORT AUTHORITY AUDIT REPORT

MOTION:  Move to adopt the consent agenda as presented.

Councilor Brooks moved that the consent agenda items be adopted as presented, seconded by Councilor Baker.  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.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         PRESENTATION BY MPCA – EDGEWATER PARK LANDFILL CLEANUP

Mayor Erdman introduced staff from the Minnesota Pollution Control Agency and Wenck & Associates to present information on the proposed Edgewater Park landfill cleanup project that is scheduled to begin this summer.

Mr. Don Abrams explained the process of beginning the clean‑up of the Edgewater Park Landfill site and gave a time table for this matter.  This project will be bid on June 3rd, beginning with the actual work sometime in July, continuing through the winter and closing the new landfill the spring of 2009.

Mr. David Parenteau representing Wenck & Associates gave a brief report on their role in this project.

b.         REQUEST BY LOCAL MINISTRIES’ TO USE LETTER BOARD SIGN AND TRAILER FOR CONCERT AND OTHER ACTIVITIES – JUNE 14-25, 2008

City Manager Victoria Simonsen explained that on January 28, 2008 the City Council approved a request from Captain Jim Brickson, Salvation Army, for use of the North Broadway Parking Lot.  The group is requesting the placement of a letter board sign and trailer on the North Broadway Parking Lot to advertise events associated with the activities on June 14‑25, 2008.

MOTION:  Move to approve this request.

Councilor Baker on moved this motion and seconded by Councilor Severtson.  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.

c.         REQUEST TO HOLD MEMORIAL DAY PARADE – AMERICAN LEGION

City Manager Simonsen explained that the American Legion Post #56 requests authorization to hold a Memorial Day Parade on Monday, May 26, 2008 in Albert Lea.  The parade would assemble around 9:00 a.m. in the east annex parking lot with the parade beginning at 10:00 a.m. proceeding north on North Washington Avenue, east on Fountain Street to Broadway Avenue, south on Broadway Avenue to Clark Street, west on Clark Street to Highway 13 West, crossing Highway 13 and continuing west on Wedgewood Road to the Graceland Cemetery.  The American Legion is requesting a city police escort during the parade and park benches at Graceland Cemetery for the 11:00 a.m. Memorial Day ceremony.

MOTION:  Move to approve this request.

Councilor Severtson moved this motion, seconded by Councilor Rasmussen.  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.

d.         REQUEST FROM SESQUICENTENNIAL COMMITTEE FOR A CHILDREN’S GARDEN AT FOUNTAIN LAKE PARK

City Manager Simonsen stated that the Sesquicentennial Committee is requesting permission and assistance from the Parks Department for the planting of a children’s garden at Fountain Lake Park.  The committee had additional funds remaining from the Sesquicentennial events and would like a children’s garden to be planted as a legacy project from this committee.  Construction of the garden would be done by park staff.  The materials needed to construct the initial garden are estimated to cost approximately $5,000 and the cost would be covered by the committee’s funds.  The project would be completed this summer.

MOTION:  Move to approve this request.

Councilor Olson moved this motion, 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.

e.         REQUEST FROM EDDIE COCHRAN STREET DANCE COMMITTEE FOR A DANCE WITH A LIVE BAND AND BEER GARDEN ON JUNE 14, 2008 – NORTH BROADWAY PARKING LOT

City Manager Simonsen explained that the Eddie Cochran Dance Committee is requesting the use of the North Broadway Parking Lot on Saturday, June 14, 2008 from 8:00 p.m. to midnight for a dance with a live band and beer garden.  The 2007 event was rained out, but the 2006 event was very well attended and the police reported no incidents.  The committee is requesting permission to sell 3.2% beer and malt beverages at the dance.  A separate beer garden would be set up in accordance to police department specifications.  The committee is also requesting assistance with snow fencing and barricading on both ends of Water Street as well as the set up of picnic tables in the area.

MOTION:  Move to approve this request.

Councilor Rasmussen moved this motion, seconded by Councilor Baker.  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.

4.         UNFINISHED BUSINESS

a.         DISCUSSION OF TRANSFER STATION/COMPOSTING SERVICES

City Manager Simonsen explained that at the April 28, 2008 City Council meeting a motion was made to place a discussion about the transfer station on tonight’s agenda.  City Engineer Steven Jahnke gave a brief update on the history of the transfer station and compost site.  City Attorney Steve Schwab gave a legal opinion on the current agreements and ordinance of Freeborn County.

MOTION:  Move to direct the City Manager Victoria Simonsen and City Attorney Steve Schwab to work on an agreement with Freeborn County regarding the Transfer Station/Composting services.

Councilor Severtson moved on this motion, seconded by Councilor Rasmussen.  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.

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-104 – ADOPTING ASSESSMENTS FOR STREET CONSTRUCTION AND UTILITIES ALONG TOWNSHIP ROAD 105 (JOB 0108)

City Manager Simonsen explained that a public hearing is being held to pass upon proposed assessments for street construction and utilities along Township Road 105 (Job 0108).  The property involved was previously located in the Albert Lea Township and the assessments were held for future assessment.  Since that time, the property has been annexed into the city limits, which triggers the commencement of assessments.  The assessments total $24,872 and are spread over a ten-year period at 6% interest.  Mr. Knapp would like to request that the assessments be adopted and then deferred until the property is sold or developed.  City staff has identified four options available to the City Council regarding this issue.  They are:

• Adopt the assessments as proposed (payable over 10 years at 6% interest);
• Adopt the assessments for a longer period of time (payable over 15 years at 6% interest);
• Adopt the assessments and defer them until the property is sold or developed;
• Adopt the assessments and defer them for a set period of time (i.e. 5 years).

A public hearing is necessary prior to adopting the assessments.

Mayor Erdman opened the public hearing and called three times for public input.

No one spoke for or against this item.  Mayor Erdman closed the public hearing.

Councilor Severtson moved the resolution, after council discussion, motion was withdrawn.

Resolution 08-104 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 08-104
included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 08-105 – VACATION OF EASEMENT – BRUCE & BETH ATZ, 2603 SOUTH SHORE DRIVE

City Manager Simonsen explained that the property owners of 2603 South Shore Dr. are requesting that an easement on their property be vacated by the City of Albert Lea, as they are in the process of selling the property.  The 60 foot wide easement runs along the east property line and was originally intended to provide a roadway connecting South Shore Dr. and Highway 65.  The easement only exists on this piece of property and no where else to the south where it would be required should a roadway be installed.  A public hearing is necessary to hear input regarding the vacation of the easement.  It is the staff’s recommendation that the easement be vacated as requested by the property owners Bruce & Beth Atz.

Mayor Erdman opened the public hearing and called three times for public input.

No one spoke for or against this item.  Mayor Erdman closed the public hearing.

Resolution 08-105 was introduced by Councilor Brooks, 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 08-105
included with these minutes)

c.         RESOLUTION 08-106 – AUTHORIZING SERVICE AGREEMENT WITH CUSTOMIZED COMPUTER SERVICES – DAVID MCPHERSON

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a professional services agreement with David McPherson, Customized Computer Services, to perform network support services to the City of Albert Lea.  The City currently has a vacant position regarding network administration and would like to contract with Mr. McPherson on an hourly basis to perform the duties until the position is filled.  The contract identifies that the independent contractor shall be paid $40/hour for the services rendered.  The agreement also outlines insurance requirements, confidentiality clauses and termination of the agreement.

Resolution 08-106 was introduced by Councilor Baker, 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 08-106
included with these minutes)

d.         RESOLUTION 08-107 – AUTHORIZING NEW LOAN TERMS – DAISY BLUE NATURALS, LLC

City Manager Simonsen explained that in 2003 the City Council granted a $60,000 loan from the city’s Economic Development Revolving Loan Fund to Daisy Blue Naturals, LLC, 2610 YH Hanson Avenue, for the expansion of production.  The City has recently received a request from Daisy Blue Natural’s owner, Jena Thompson, to negotiate a new loan based on the remaining balance.  This resolution would authorize the Mayor and City Manager to negotiate a new loan agreement with Daisy Blue Naturals in the amount of $19,273.81 plus accrued interest at 4% interest for a term of five years.  City staff can support the request as presented.

Resolution 08-107 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 08-107
included with these minutes)

e.         RESOLUTION 08-108 – ACCEPTING WESTWOOD HILLS SUBDIVISION UTILITIES & IMPROVEMENTS (JOB 0623)

City Manager Simonsen explained that in November 2006 the City entered into a development agreement with Mr. Glen Sherburne, developer of Westwood Hills Subdivision.  The developer has recently notified the City Engineer that the underground utilities site work has been completed for the subdivision.  The work has been inspected by the engineer and he finds that the work outlined in the development agreement has now been completed and recommends that the City Council accept the site work and future maintenance of the utilities.

Resolution 08-108 was introduced by Councilor Baker, 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 08-108
included with these minutes)

f.          RESOLUTION 08-109 – ACCEPTING ST. THOMAS AVENUE STORM SEWER IMPROVEMENTS

City Manager Simonsen explained that in 2006 Petersen Excavating installed a storm sewer line in St. Thomas Avenue to improve drainage for Sampson Dairy.  The Engineering Department has inspected the installation and has found it to be completed and acceptable.  The City Council must now accept the site work and future maintenance of the utilities by resolution.

Resolution 08-109 was introduced by Councilor Severtson, 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 08-109
included with these minutes)

g.         RESOLUTION 08-110 – APPROVING INDEPENDENT CONTRACTOR AGREEMENT TO OPERATE CONCESSION STAND AT THE ALBERT LEA AQUATIC CENTER – A.L. FIGURE SKATING CLUB

This resolution would authorize the Mayor and City Manager to enter into an agreement with the Albert Lea Ice Skating Association for the operation of the concession stand at the Albert Lea Aquatic Center.  This agreement would be in effect through September 30, 2008 with no changes from the prior year’s contract.  The contractor agrees to maintain insurance which will fully protect the contractor and the City from any and all claims associated with the operation.  The contractor agrees to pay the City $500 per month for use of the facilities.  Further details are available within the agreement.

Resolution 08-110 was introduced by Councilor Olson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Councilors  Baker, Olson, Severtson, Brooks and Mayor Erdman. Councilor Rasmussen abstained. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-110
included with these minutes)

h.         RESOLUTIONS 08-111 – ACCEPT AND PLACE ON FILE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT – YEAR ENDED DECEMBER 31, 2007

City Manager Simonsen stated that the Financial Report was prepared by Rhonda Moen, CPA, CPFO and Finance Director for the City of Albert Lea.  The Comprehensive Annual Financial Report (CAFR) includes a significant amount of information including the independent auditor’s report, management’s discussion and analysis, basic financial statements, combined financial statements and a statistical section identifying financial and community facts and trends over the past several years.  A copy of the Comprehensive Annual Financial Report is available in the Albert Lea Public Library or in the City Manager’s office.

Resolution 08-111 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 08-111
included with these minutes)

i.          RESOLUTION 08-112 – ACCEPTING 2007 ANNUAL AUDIT FOR THE CITY OF ALBERT LEA

City Manager Simonsen stated that LarsonAllen, LLP have concluded their annual audit of the financial statements of the City of Albert Lea for the period ending December 31, 2007.  The auditors have reported a clean opinion of the city’s financial statements and no findings of non-compliance with the Minnesota legal compliance requirements.  This resolution would accept the 2007 Annual Audit as presented to the City Council at their May 8th work session, and that the City Manager is authorized to publish and distribute the annual audit as required.

Resolution 08-112 was introduced by Councilor Baker, 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 08-112
included with these minutes)

j.          RESOLUTION 08-113 – INVITE OTHER STAKEHOLDERS TO PURSUE PARTNERSHIP IN ARTSPACE PROJECT

City Manager Simonsen commented that ArtSpace Projects, Inc. conducted a pre‑feasibility visit on May 5-6, 2008 to determine if the Albert Lea community was positioned to host an ArtSpace project.  The visit concluded with the consultation team recommending that the City take the next step in the process which involves an artist market survey at a cost of $25,000.  This resolution would invite other stakeholders in the community to pursue a partnership with ArtSpace Projects, Inc. and share in the cost of the artist market survey and the economic development benefits that could result from the process.

Resolution 08-113 was introduced by Councilor Baker, 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 08-113
included with these minutes)

k.         RESOLUTION 08-114 – ACCEPTING PETITION FOR ANNEXATION – ITC PROPERTY

City Manager Simonsen explained that this resolution would accept a petition for annexation from ITC Midwest LLC for property located at 20789 780th Avenue located within the Albert Lea Township.  The City has received a petition for annexation, a legal description and a map of the area to be annexed.  This resolution would accept the petition and authorize the City Manager to negotiate with the Albert Lea Township Board for orderly annexation of this parcel.

Resolution 08-114 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-114
included with these minutes)

l.          JOINT RESOLUTION 08-115 - TRANSFERRING A PORTION OF TOWNSHIP ROAD T-369 (9TH STREET AND WEDGEWOOD ROAD)

City Manager Simonsen explained that this resolution would authorize the City Manager to negotiate a joint resolution with Albert Lea Township to transfer ownership for a portion of Township Road T-369 (W. 9th Street & Wedgewood Rd.) totaling 3,237.12 feet more or less.

The City would not obtain ownership of approximately 758 feet south of Riviera Dr. subject to M.S. 164.14.  The City would agree to the maintenance obligations for the entire length of T-369 west of Highway 69.

Resolution 08-115 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 08-115
included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

First Ward, Councilor Rasmussen reported:

• Committee updates.
• Concerns regarding heavy trucks on section of Bridge Avenue.
• Highland Avenue curb is deteriorating.  Engineer stated that city has a two year warranty.
• Encouraged staff to double side printing of agendas

Second Ward, Councilor Baker reported:

• No Committee updates.
• No Ward Items.
• ArtSpace is a wonderful opportunity for the city.

Third Ward, Councilor Marin – Absent – Excused Absence
Fourth Ward, Councilor Olson reported:

• No Committee updates.
• Questions regarding the fountains and requested that they be turned off during windy days.
• NAHL press conference
• Will be considering an ordinance for Heritage Trees at the Park and Recreation Board meeting.

Fifth Ward, Councilor Severtson reported:

• Committee updates.
• 211 E. 2nd – would like the boulevard tree replaced.

Sixth Ward, Councilor Brooks:

• No committee updates.
• Requested update on the house at the corner of Frank & 8th

Mayor Randall Erdman reported:

• Recognized Kathy Lutteke for 35 years of service to the City.
• Commented on the U.S. Postal Carrier’s Food Collection.
• Comprehensive Plan Meeting, May 20, 2008, 6-8 p.m., Senior Center.
• Historic Society Open House, May 18, 2008 2-4 p.m.
• Clean Up Days, May 17, 2008 9-12 p.m.

b.         City Manager’s Response to Public Items
City Manager Victoria Simonsen stated:

• Auction to be held on May 15 at 4:30 p.m. at the fairgrounds.
• NAHL Press Conference, May 13, 2008 at 12 p.m. at the City Arena.

7.         PUBLIC FORUM

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

• Requested items on the agenda and they are not on the agenda.
• Requested information on the railroad tracks behind the packing house.
• Requested information on itemized list of cost of removal of houses on Front Street.
• Inquired as to how was the house on Wedgewood Road allowed to be moved into the city.

Mr. Manuel Cantu Jr, 113 McArthur Drive, stated the following:

• Requested information on the 300 minutes worth of telephone calls and the $1.7 million that was spent on the Freeborn Bank Building.
• Contractor that received the bid for the windows was from out of state.  It should have been a local contractor.

Mr. Robert Fjelbroten, 21458 775th Avenue, stated:

• Concerns about the city flushing the hydrants into the road right of way, washed the gravel and dirt into the culvert and exposed his field tile.  He requested that the city rip rap and fill this area.
• Requested more signage as more traffic from Love’s is turning around in the driveway and they are sliding into the ditch.

8.         ADJOURNMENT

Councilor Brooks moved and Councilor Olson seconded that there being no further business, the council meeting be adjourned at 8:30 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on  Tuesday, May 27, 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 May 13, 2008

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

2008 Archived minutes
Older Archived Minutes (2000-2007)

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