May 14, 2007

The May 14, 2007 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 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 Radio.

a.         Pledge of Allegiance was recited.

2.         CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF APRIL 23rd, 2007.

(See Secretary's Original Resolution 07-74 included with these minutes.)

*b.       RESOLUTION 07-74 – APPROVING CLAIMS:  Resolution 07-74 represents the financial claims of the City.

(See Secretary’s Original Resolution 07-74 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

*d.       AMENDMENT TO FIRE TRUCK AGREEMENT WITH TOWNSHIP

*e.        CALL A PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENT – 7:00 p.m., MAY 29, 2007

*f.        CHANGE DATE OF COUNCIL MEETING DUE TO HOLIDAY, FROM MAY 28th TO MAY 29, 2007

*g.       ACCEPT LETTER FROM MUNICIPAL BOUNDARY ADJUSTMENTS – HARTMAN PROPERTY

MOTION:  Move to 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, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST FROM CROSSROADS COMMUNITY HOSPICE FOR ANNUAL HOSPICE WALK/RUN

City Manager Simonsen explained that the Friends of Hospice (Walk/Run around Fountain Lake) are requesting the cooperation from the City for its annual walk/run to be held on Saturday, June 16, 2007 in conjunction with Eddie Cochran Weekend.  Hospice volunteers will be along the route to provide safety and security at various points.  Monies raised from the event are used to support patient care services, bereavement and volunteer programs that are not covered by insurance or Medicare.  All are welcome to attend the event.

MOTION:     Move to grant the request.
Motion was introduced by Councilor Marin, seconded by Councilor Baker.  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.

b.         REQUEST TO RESERVE THE NORTH BROADWAY PARKING LOT FOR THE FIFTH ANNUAL FREE CONCERT

City Manager Simonsen explained that ShineFest ’07 is requesting to reserve the North Broadway parking lot for its Fifth Annual Free Outdoor Concert.  The concert would be held on Sunday, August 12, 2007 from 12 noon to 5:00 p.m.  The parking lot would need to be reserved from early morning on the 12th through late afternoon to allow setup and cleanup following the event.  Portable toilet facilities will be provided by the local churches and businesses.

MOTION:  Move to grant the request.

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

c.         REQUEST FOR WATCH FOR CHILDREN SIGN – 720 ALCOVE STREET

City Manager Simonsen explained that Ms. Jeanette Burton, 720 Alcove Street, is requesting the placement of a Deaf Child sign near the front of her home on Alcove Street.  City staff has reviewed the request and recommend the placement of a Watch for Children sign instead of a deaf child sign if the Council so chooses to place one.  The Minnesota Manual on Uniform Traffic Control Devices states six reasons why signage in this situation is not recommended.

Ms. Jeanette Burton, 720 Alcove Street, spoke to the City Council regarding her desire to have this sign installed in front of her home

MOTION:  Move to grant the request for the installation of a “Watch for Children” sign.

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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

d.         REQUEST FROM FOUNTAIN LAKE SPORTSMEN’S CLUB – TAKE A KID FISHING

City Manager Simonsen explained that Mr. Gary Anderson, President of Fountain Lake Sportsmen’s Club, Inc. is requesting the use of Edgewater Park on June 9th from 9 a.m. to noon for “Take A Kid Fishing Day”.  The club is requesting the use of the fishing pier in Edgewater and the shoreline around the island for this activity.  City staff can support the request as made.

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

e.         REQUEST FROM EDDIE COCHRAN DANCE COMMITTEE FOR STREET DANCE

City Manager Simonsen explained that the Eddie Cochran Dance Committee is requesting the use of the North Broadway parking lot for a street dance with a live band and beer garden.  The event would be held from 6:30 p.m. until midnight on Saturday, June 16th, 2007.  A similar event was sponsored by the Sesquicentennial committee last year with strong attendance and no reports of incidents by the Police Department.  The committee is requesting permission to sell 3.2% beer and malt beverages in a separate beer garden that would be coordinated with the Albert Lea Police Department.  The committee would also request assistance from the City for the placement of picnic tables, snow fence and barricades for the event.

MOTION:  Move to approve this request as stated above.

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

f.          REQUEST FOR LOW BUCKS CAR CLUB CAR CRUISE

City Manager Simonsen explained that the Low Bucks Car Club is requesting city support for their annual car club cruise to be held in conjunction with Eddie Cochran weekend.  The cruise route has been approved by the Police Department and Sheriff’s Department and includes a 26-mile route from the Freeborn County Fairgrounds and ending at the North Broadway parking lot.  The cruise would begin at 6:30 p.m.

MOTON:  Move to approve this request.

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

g.         REQUEST FOR DEFERRED ASSESSMENT – 914 LINCOLN AVENUE

City Manager Simonsen explained that Ms. Kristine Dennison, 914 Lincoln Avenue, is requesting a deferral of a special assessment against her property.  Ms. Dennison’s residence requires the replacement of a sewer service line at a cost of approximately $5,000.  Ms. Dennison has completed an application for a special assessment deferral, including proof of disability according to Social Security Administration disability standards.  Due to her disability and income she is unable to pay for the necessary improvements.  She is requesting a deferment on the payment to be assessed over a ten year period.  The city’s assessment policy outlines that the assessment plus interest will become due upon occurrence of any of the following events:
            1.      The death of the owner. (If the spouse is not otherwise eligible for the deferment).
            2.      The sale, transfer or subdivision of all or any part of the property.
            3.      Loss of homestead status on the property.
            4.      Determination by the Council that requires an immediate or partial payment would impose no hardship.

MOTION:  Move to approve this deferred assessment for 914 Lincoln Avenue as per the recommendations of staff.

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

h.         REQUEST FOR WASTEWTER TREATMENT SERVICES – EAST FORK BIODIESEL, ALGONA, IA

City Manager Simonsen explained that the City has received a request from East Fork Biodiesel, LLC, located in Algona, Iowa for permission to transport wastewater generated in the production of biodiesel fuels to the City of Albert Lea’s wastewater treatment plant for processing and disposal.  The request is for a limited period of time sufficient to complete the construction of a wastewater treatment plant at their site.  The company is requesting that approximately 5,000 gallons of processed wastewater per day be accepted by the City of Albert Lea for no more than a 12-month period commencing in September of 2007.  The Engineering Department has reviewed the request and can support accepting the wastewater under the condition that a wastewater permit be negotiated and agreed to and a charge of 2.5¢ per gallon to be collected for the wastewater.

MOTION:  Move to grant this request with the conditions as outlined by staff.

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

i.          REQUEST FOR DONATION OF LOT – HABITAT FOR HUMANITY

City Manager Simonsen explained that the City of Albert Lea has authorized a public auction on May 30, 2007.  Items authorized for sale include several lots that the City has obtained over the years.  Mr. Don Hebert, Habitat for Humanity, has requested that the lot located at the corner of Spark Avenue and Alcove consisting of approximately .24 acres be removed from the auction list and considered for donation to the Habitat for Humanity cause.  The parcel is located in an R-1 zone.  The lot has utilities, paved street, and is buildable.

MOTION:  Move to honor this request for Habitat for Humanity.

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

j.          REQUEST FOR TEST PROJECT – WIRELESS INTERNET – DM BROADBAND

City Manager Simonsen introduced Mr. Cory Hauer regarding the request for a test project for the Wireless Internet.  Mr. Hauer explained that DM Broadband was requesting the use of street light poles to conduct testing of their new mesh-wireless internet technology.  He stated that the radios are easy to install and remove in the event that the city decided not to rent space to this company on a long-term basis.  He also stated that his company is working with Alliant Energy for the use of their poles.  He stated that there would be no cost to the city.  City Staff can support this request as a test project.  An agreement with City and Alliant would need to be in place prior to the installation.

MOTION:  Move to approve this request for a six month trial period.

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

4.         UNFINISHED BUSINESS

a.         DISCUSSION REGARDING KIWANIS PROPOSAL FOR BASKETBALL COURTS AT AQUATIC CENTER AREA

City Manager Simonsen explained that at the April 23, 2007 City Council meeting the Albert Lea Noon Kiwanis, in conjunction with the other Kiwanis Clubs, asked for the City’s permission to begin fundraising for the conversion of three of the six tennis courts at the aquatic center into a basketball court.  At that meeting, the City Council chose to table a decision until this meeting.  The City Council has received correspondence from the Noon Kiwanis Club project committee to proceed with this project as proposed.  Also, the city staff did received a list of 112 signatures in support of the area to remain a tennis court.

Mr. Dave Karge, 702 Frank Avenue, stated that he has lived at his residence for almost 23 years.  He stated that the tennis courts are used a lot and does not want to lose any of the courts.  He stated that there are 29 basketball hoops around town.

Mr. Tim Engstrom, community service chairman of the Albert Lea Noon Kiwanis stated that the new basketball court would work well with the dream of the community center along the Blazing Star Landing.  He also stated that the Kiwanis Club had no interest in resurfacing the tennis courts.  He noted that the city park system only has one full court outdoor basketball court and that is located at Morin Park.

MOTION:  Move to honor the request from the Kiwanis for raising funds for basketball courts at the site proposed.

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

b.         RESOLUTION 07-75 – AUTHORIZING ORDER FOR REMOVAL TO 117 W. COLLEGE STREET – JUDITH MCKINNON

City Manager Simonsen explained that at the April 23, 2007 City Council meeting the City Council authorized the City Attorney to draft an order for removal for the property located at 117 W. College Street.  The order has been drafted and includes the pursuit of payment for the demolition be collected from the property owner and/or assessed to the property.  City staff has not been contacted by Mr. Greg Raines since his initial interest over one month ago.

Ms. Judy McKinnon requested information on who paid for the removal of Hanson Building.  Mayor Erdman stated that the Hanson Building was taken over by the city.  Ms McKinnon asked if she could deed this property to someone?  City Attorney confirmed that she could, but that party would be responsible for removal.

Resolution 07-75 was introduced by Councilor Rasmussen to move ahead with the order as written, 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 07-75 included with these minutes)

5.         NEW BUSINESS

a.         RESOLUTION 07-76 – PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2007A

Mr. Bob Thistle, representing Springsted, Inc., presented the need and process for the issuance of bonds and answered questions by the Council and public regarding this bond sale and credit rating.

City Manager Simonsen explained that this resolution would authorize the sale of bonds to be conducted by Springsted, Inc., St. Paul, Minnesota with an official statement draft to be sent to Kennedy & Graven for review.  The Albert Lea City Charter, Sec. 7.14 has established a Permanent Improvement Revolving (PIR) fund to provide permanent financing for assessable public improvements undertaken by the City.  City staff feels it is necessary to issue $2,400,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2007A to expedite the sound financial management and affairs of the City.

The projects included in this bond proposal include Job 0607, East Main Street Lighting; Job 0631, Overlay; Job 0630, Amelia, Oregon, Hoffman and Hershey; and Job 0629 Pilot Street.  The resolution further authorizes and directs Springsted, Inc. to negotiate the sale of the bonds and the law firm of Kennedy & Graven as bond counsel for the City to assist in the preparation and review of the necessary documents.  If approved, the sale and consideration of award of bonds by City Council would occur at the June 11, 2007 meeting.

Resolution 07-76 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-76 included with these minutes)

b.         RESOLUTION 07-77 -APROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2007A

City Manager Simonsen explained that this resolution would provide for the issuance and sale of $1,040,000 General Obligation Water Revenue Bonds, Series 2007B.  The projects associated with this bond include improvements to the West & South water towers, the watermain extension/loop on East Main Street, watermain replacements, and the costs associated with issuance of bonds.  This resolution further authorizes Springsted, Inc., St. Paul, Minnesota to negotiate the sale of the bonds to be considered at the June 11, 2007 Council meeting.  It further authorizes Kennedy & Graven as bond counsel for the City to prepare the necessary documents.

Resolution 07-77 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-77 included with these minutes)

c.         PUBLIC HEARING AND RESOLUTION 07-78 – ORDERING IMPROVEMENTS AND PREPARATION OF PLANS – AMELIA PLACE, AMELIA AVENUE, HOFFMAN AVENUE, OREGON STREET AND HERSHEY STREET (JOB 0630)

City Manager Simonsen explained that a public hearing is being held to receive input regarding Job 0630 involving the reconstruction of Amelia Avenue, Amelia Place, Hoffman Avenue, Oregon Street and Hershey Street.  City staff presented an amended feasibility report at the April 23, 2007 meeting with an estimated cost of the project being $309,150 with 76% of the project costs being allocated to property owners and the City being responsible for 24% of the project.  Following the public hearing a resolution ordering improvements and preparation of plans will be necessary to move forward with the project.

The City received a notice from the County Attorney stating that the special assessments may equal the cost of the improvements but may not exceed the benefit to the property.  The County owns the property located at 1029 Bridge Avenue which is adjacent to the Amelia Place improvements.  The County is requesting further information to evaluate the determination of special benefit on this property.

Public Hearing was opened by Mayor Erdman.

Ms. Karen Arett, 419 Oregon Street, had questions regarding the installation of a drain at the end of Oregon Street and stated that she is in favor of the drain.

Mr. Palmer Thompson, 710 Amelia Place, had questions as to who would be assessed for the section of land adjacent to the fair grounds.  City Engineer Jahnke stated that a notice had been sent to the Freeborn County and it will be paid for either by Freeborn County or City of Albert Lea.

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

Resolution 07-78 was introduced by Councilor Rasmussen, 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 07-78 included with these minutes)

d.         MOTION TO TABLE - AUTHORIZING SANITARY SEWER SERVICE AGREEMENT – GLENVILLE ETHANOL, LLC

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a sanitary sewer service agreement with Glenville Ethanol, LLC, d/b/a POET Biorefining – Glenville West.  The agreement outlines the city’s agreement to accept and treat sanitary sewer discharges generated at the plant and conveyed to the city’s wastewater treatment facility through an existing line.  It further states that a discharge permit would not be required unless warranted by city ordinance.  City staff recommend the term of the agreement to be eight years to coincide with the EXOL and SoyMor annexation clauses.  POET – Glenville West agrees that it will not resist or otherwise hinder the annexation of the property following the expiration of the agreement.  The City agrees to negotiate in good faith with POET the reduction of the standard municipal utility tax on an annual basis during the term of the contract.
Mr. Mike Roth, 4615 N. Louis Avenue, Sioux Falls, SD, representing Glenville West stated that he would like to continue working with the City Staff and bring this matter back to the City Council in two weeks.

MOTION:  Move to table this item until the next council meeting.

Motion 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

e.         RESOLUTION 07-79 – APPROVING DEVELOPMENT AGREEMENT – EAGLE’S REST

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a development agreement for Eagle’s Rest Development Phase I & II.  The agreement outlines Phase I site work to be completed by the developer as outlined in the agreement.  Phase II site work would be completed by the City with the City being responsible to pay for over sizing of the watermain in the amount of $17,550.  The subdivision would be limited to 25 building permits until the sanitary sewer line is extended to a new lift station near Highway 13.

The developer agrees to pay all costs outlined in the agreement for an estimated total cost of $587,570.85.  Payment of that amount will be made to the City prior to the awarding of Phase II construction contracts.  The City would agree to place the funds in an interest bearing account upon completion of all site work the City shall be entitled to the funds pursuant to the agreement. Payment in lieu of parkland dedication in the amount of $5,100 shall be paid by the developer at the time the plat is signed.  $203,000 would be held for future assessments for adjoining property owners that benefit from the improvements.

Mr. John Schulte did an overview of the project and stated his support for this project.

Mr. Bill Leland, 205 Lee Place, Albert Lea, MN stated his support and that his company would be marketing these homes.

Resolution 07-79 was introduced by Councilor Marin, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Councilor Olson and Rasmussen voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-79 included with these minutes)

f.          RESOLUTION 07-80 – ACCEPTING BID AND AWARDING CONTRACT – JOB 0629

City Manager Simonsen explained that on Wednesday, May 9, 2007, bids were opened for the 2007 Street & Underground Utility Improvements.  The improvements would be made to Pilot Rd., Hi Tec Avenue, and Algon Street.  Three bids were submitted for the project; Sorenson Bros., Inc., Albert Lea, $346,254.91; Freeborn Construction, Albert Lea, $367,971.51; and Heselton Construction, Faribault, MN $407,889.41.  The city staff is recommending accepting the low bid as submitted by Sorenson Bros., Inc.  The engineer’s estimate on this project was $461,000.

Resolution 07-80 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 07-80 included with these minutes)

g.         RESOLUTION 07-81 – AUTHORIZING UTILITY EASEMENT – WINNEBAGO COOPERATIVE TELEPHONE

City Manager Simonsen explained that the City has received a request from Winnebago Cooperative Telephone Association for a 30‑foot wide easement for the placement of utilities, specifically fiber optic cable.  The easement requested is located across Sondergard Park running from 17th Street to Myers Road.  This resolution would authorize the Mayor and City Manager to enter into an easement agreement to allow the utility to be placed under the easement described with a $20,000 surety bond to guarantee the condition of the park after installation.

Resolution 07-81 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-81 included with these minutes)

h.         RESOLUTION 07-82 – ACCEPTING FEASILBITY REPORT AND AUTHORIZING PROJECT- EDGEWATER BOAT LANDING (JOB 0424)

City Manager Simonsen explained that this resolution would accept the feasibility report for Job 0424 involving the construction of a new boat landing and parking facility at the intersection of T.H. 13 and the southern leg of County Hwy 101 along the shore of Edgewater Bay.  The City has received a letter from Municipal Boundary Adjustments annexing the property into the city limits.  The proposed landing would have seventeen parking stalls and a single ramp.  The total cost of the project is $134,876.68 with the Department of Natural Resources paying 75% of the cost and the City of Albert Lea 25% of the cost plus responsibility for maintenance and operation of the facility.

Resolution 07-82 was introduced by Councilor Olson, 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
07-82 included with these minutes)

i.          RESOLUTION 07-83 – AUTHORIZING PUBLIC WATER ACCESS COOPERATIVE AGREEMENT

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with the Department of Natural Resources for a Public Water Access Cooperative Agreement.  The agreement involves the construction and maintenance of the proposed boat landing and parking facility along the shore of Edgewater Bay.  The agreement would not be signed until a limited use permit from the Minnesota Department of Transportation has been obtained.  The agreement outlines the State’s duties and responsibilities regarding the project as well as the City’s.  The agreement also identifies that the funding for the project shall not exceed $104,000 with the State’s obligation being 75% of the cost.  The agreement would remain in effect for a period of twenty years and renewed at the end of the term for an additional five-year period unless either party chooses to terminate the agreement.

Resolution 07-83 was introduced by Councilor Olson, 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 07-83 included with these minutes)

j.          RESOLUTION 07-84 – RECEIVING NOTIFICATION OF JOBZ STATUS – PROFIT PRO, LLC

City Manager Simonsen explained that this resolution would acknowledge receipt of a letter from the Department of Employment and Economic Development in regard to the status of Profit Pro, LLC as a JOBZ qualified business.  The City of Albert Lea received notification on April 23, 2007 that Profit Pro is out of compliance with its contractual goals agreed to in the business subsidy agreement and relocation agreement previously entered into.  As of April 1, 2007 Profit Pro, LLC is no longer considered to be a qualified business under M.S. Statute 469.310, Subd. 11, and, therefore, cannot continue claiming benefits under Minnesota law.  In addition, the JOBZ designation has been removed from the parcel.  The Department of Revenue has been notified of the JOBZ status and will be notifying the company of their procedures for filing amended tax returns and other requirements.

Resolution 07-84 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 07-84 included with these minutes)

k.         RESOLUTION 07-85 – ADOPTING FINAL ASSESSMENT FOR GEORGE & ARLYS JENSEN

City Manager Simonsen explained that in September 2006, George & Arlys Jensen, 22276 770th Avenue, petitioned to connect to the city’s waterline and sanitary sewer system.  They also agreed to pay the assessment fees for such service.  This resolution would adopt the final assessment for this connection at a cost of $33,237.27 to be assessed over a fifteen year period at 5.25% interest.  The Jensen’s waived their Chapter 429 rights in the agreement that was signed; therefore, a public hearing is not necessary.

Resolution 07-85 was introduced by Councilor Severtson, 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 07-85 included with these minutes)

l.          CALLING A PUBLIC HEARING FOR ALLEY VACATION AND UTILITY EASEMENT IN BRIDGE ADDITION

City Manager Simonsen explained that this motion would call a public hearing for May 29, 2007 at or around 7:00 p.m. in the City Council Chambers to accept a petition to vacate the alley and utility easement in the Bridge Addition in the area planned to be a Walgreen’s store.

MOTION:  Move to set a public hearing for May 29, 2007 at 7:00 p.m. for the alley vacation and utility easement in Bridge Addition

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

m.        RESOLUTION 07-86 – ACCEPTING ANNUAL AUDIT – LARSON, ALLEN, WEISHAIR & COMPANY

City Manager Simonsen explained that Mr. Darwin Viker, Larson, Allen, Weishair & Company, LLC have concluded their annual audit of the financial statements of the City of Albert Lea for the year ended December 31, 2006.  Mr. Viker reported a clean opinion of the City’s financial statements and no findings of non-compliance with the Minnesota Legal Compliance Requirements.  Several items were highlighted including a discussion of net assets, fund balances, ideal balances and the insurance fund.  The enterprise funds and their operations were also discussed emphasizing the need for solid waste management operations to be in the black.  This resolution would accept the annual audit as prepared and presented to the City Council at their workshop held on May 10, 2007.

Resolution 07-86 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 07-86 included with these minutes)

6.         WARD AND COMMITTEE ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• When will the bituminous and patch work begin?  City Engineer stated that it would be starting in the next couple of weeks.
• Port Authority – Public Hearing to be held on Wednesday, May 16th at 7:30 a.m. for discussion on the land sale issue to Mr. Dan Dorman and Mr. Kelvin Rehnelt.

Second Ward, Councilor Baker:

• Would like to see if more dock spaces on Fountain Lake are possible on Lakeview Blvd.
• No Committee updates

Third Ward, Councilor Marin

• City staff to start the process of changing the zoning at 1321 S. 4th Avenue from I-2 to R-1
• 1021 S. 4th Avenue – dried brush needs to be removed
• Albert Lea Tribune erroneously reported “warning” regarding the City Manager
• Staff to check spending limits of officials in other communities, compared to ours.
• No Committee updates.

Fourth Ward, Councilor Olson:

• Concerns regarding the placement of garage sale signs on city property and right of way.  City Attorney read a portion of the ordinance that pertains to this issue.
• Pothole on Bridge & Hawthorne to be filled this week.
• Concern from a citizen on dogs being banned from disc golf course.
• Couple of houses with abandoned vehicles.  Will give addresses to staff.
• No Committee updates.

Fifth Ward, Councilor Severtson:

• Storage of lumber at the corner of Eberhardt & Columbus.
• Clean up and cutting of grass at the placard house at Blake & 46.
• No Committee updates.

Sixth Ward, Councilor Brooks:

• Update on South Shore Drive
• No Committee Updates.

Mayor Erdman:

• Thank you to Rhonda Moen and the Finance Department for their hard work and for their cooperation with the auditors and for the good job on the annual audit.
• Thank you to Councilor Brooks for attendance at National Nursing Home Day.
• Thank you to the Albert Lea Letter Carriers, 13th year for the Nation Wide Food Drive.  They collected a record 15,100 lbs in Albert Lea and in Austin collected 8,500 lbs.
• Gas on the Lake – City Council to put up a Challenge Grant in the amount of $1,000.00 and challenge other governing bodies and businesses to match this grant to help with insurance for the Gas on the Lake Project.
• Attended Common Cause Committee of the Watershed District.  Their main focus on cleaning up the Channel and the banks along the Channel.
• During Home Town Pride Clean-up Day, along with Earth Week, there is a piece of land that Almco has donated and the city and county would like to get some group effort to clean-up that area.  This area would expose the Blazing Star Landing area.
• Sales tax is going on one year and they have collected $1,020,510 of which the Watershed has (after administrative costs) $962,000.00 to spend on water cleanup projects.
• Farmer’s Market opens Wednesday, May 16, 2007 and encourages everyone not to park in that parking lot on Wednesday’s in the afternoon.
• Thank you to volunteers, city staff and councilors for the Home Town Pride Clean-up efforts.
• Downtown Clean-up event on Saturday, May 19th, 2007, and the Freeborn Bank Building will be open for tours and refreshments will be served at noon.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

• The pit bull that has bitten two individuals is in control of the city and will remain there until further action is taken.  City Staff met with staff from the United States Postal Service and did look at drafting an ordinance regarding dangerous dogs for the City Council to consider in the near future.
• A meeting was held between Wedgewood Cove Developers and three city councilors this past week.
• The request for a yield or stop sign at the intersection of Edgewood and Sheridan. The City Council passed a stop control policy which outlines the guidelines for requesting stop or yield signs.  The first step of this process is for over 50% of the residents within 300 feet of the intersection to request a study of the intersection to determine if this intersection warrants a control device.
• Clean-up of the inside of the Freeborn Bank Building is being done at this time and on Saturday, May 19, 2007 this building will be open to the public. To date the city has spent almost $1.5 million on this project.
• Concern regarding 106 Fenton – this property is being cleaned-up.  Junk is loaded on a trailer and a couple of lawn mowers sitting by the house will be removed.
• 425 W. College Street- owner of this property was cited for trash and junk in the yard, repairing and selling cars, ATV’s and dirt bikes.  Owner appeared in court and requested a public defender.  This will be going to trial.
• Request regarding number of accidents at 5th & James – Police Chief Winkels reported no increase in accidents at this location.
• Letter was sent to the owner of the property on 8th & Frank regarding no progress on the remodeling and that a request for demolition will be forwarded to the City Council on June 25, 2007.
• Concern regarding fill replacement at 1110 South Shore Drive - City Staff is working with the owners of that property to provide a grading, erosion and storm water retention plan.  There has been a “Stop Order” placed at this property.
• Telephone calls were made to adjoining property owners on the city lots that will be up for auction.
• Escrow information will be included in the fire packet at the next printing of materials.

7.         PUBLIC FORUM

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

• Front Street Cross Arms – needs to have white lines and reflectors painted on roadway.

• Boat Landing – 20 plus trailers – not enough room to get turned around.  This was an improvement and there was no public hearing held.  Along Frank Hall there is a lot of dead trees and brush.  Why is this not cleaned up?
• Requested a copy of the audit.
• Article in the paper regarding the $58,000.00 check to Tiger Hills.  The problem is the Mayor and City Council.  You can’t blame the City Manager for not knowing what was going on.
• Asked if the house on Blake & 46 was going to be demolished?

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

• Escrow Procedures – was told that it was not the responsibility of the Fire Chief and yet in the State Law, it states that the affidavit much be completed by the Fire Chief.
• What does it cost to get a permit?
• Inspection should be called 4 hours in advance.
• Stated if you are going to be prejudiced leave it at home.  If you are a city official, deal with it when you get back home.
• Presented a list of home owners that have complaints regarding this process.

Mr. Chuck Paczkowski, 911 Clausen Avenue, stated the following:

• Requested that the councilors and the public speak into the microphones.
• Requested that more copies of the agenda and outline of the meetings be available for the public.

8.         ADJOURNMENT - 9:30 p.m.

Councilor Brooks moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 9:30 p.m., until the next regular meeting of the Albert Lea City Council on Monday, May 29th, 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 May 14, 2007.

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

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