Pastor Clayton Balsley, First Baptist Church, offered a prayer.

On Tuesday, May 27, 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.

a.         The Pledge of Allegiance was recited.

b.         Mayor Steihm, City of Austin, Presents Traveling Trophy to City of Albert Lea

Mayor Randall Erdman introduced Mayor Steihm, City of Austin, Minnesota who presented the traveling Letter Carriers’ Food Drive Trophy to the City of Albert Lea and the Albert Lea Letter Carriers.  Mayor Erdman accepted the trophy and presented it to Postal Carriers Gary Mill and Scott Stolaas.  Albert Lea has 16 mail routes and collected 10,300 lbs. of food and City of Austin has 23 mail routes and collected 9,200 lbs. The trophy will be displayed at the Post Office.  Mayor Erdman thanked everyone for their efforts.

b.         Certificates of Appreciation

Mayor Randall Erdman introduced Senator Dan Sparks and Representative Robin Brown (& Joseph Brown Sr.) with certificates of appreciation for their work to obtain funding for the Edgewater Park landfill cleanup.

*2.        CONSENT AGENDA

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

*b.       RESOLUTION 08-116 – APPROVING CLAIMS:  Resolution 08-116 represents the financial claims of the City.

(See Secretary's Original Resolution 08-116
included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-117 – APPROVING MINNESOTA LAWFUL GAMBLING LICENSE APPLICATION FOR EXEMPT PERMIT AT THE FAIRGROUNDS, AUGUST 3, 2008 –ALBERT LEA LIONS CLUB

(See Secretary's Original Resolution 08-117
included with these minutes.)

*e.       COUNCIL WORKSHOP FOR COMPREHENSIVE PLAN – JUNE 17, 2008 AT 7:00 P.M. – SENIOR CENTER

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

3.         PETITIONS-REQEUSTS-COMMUNICATIONS

a.         REQUEST BY CROSSROADS COMMUNITY HOSPICE FOR THEIR ANNUAL FRIENDS OF HOSPICE WALK/RUN AROUND FOUNTAIN LAKE ON JUNE 14, 2008

City Manager Victoria Simonsen explained that the City has received a request from the staff of Crossroads Community Hospice requesting support from the City for their annual Friends of Hospice Walk/Run around Fountain Lake.  The event would be conducted on Saturday, June 14th in conjunction with Eddie Cochran weekend.  Registration begins at 7:00 a.m. at the fairgrounds.  The same route will be followed as in previous years.

MOTION:  Move to approve this request.

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

4.         UNFINISHED BUSINESS (NO ITEMS)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-118 ADOPTING MISCELLANEOUS ASSESSMENTS, ROLL 0067

City Manager Simonsen explained that the City is holding a public hearing to receive input regarding Miscellaneous Assessments, Roll 0067.  The assessments include unpaid utility bills; refuse removal, mowing services, snow removal services and other miscellaneous assessments for which payment has not been received.  The resolution states that the assessments shall be payable in a single installment and shall bear interest at the rate of 6% per annum unless paid within 30 days from the adoption of this resolution.

Mayor Erdman opened the public hearing and called three times.  No one spoke for or against this assessment.

Resolution 08-118 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 08-118
included with these minutes)

b.         RESOLUTION 08-119 – RECEIVING FEASIBILITY REPORT & CALLING HEARING ON REPORT FOR HIGHWAY 13 SIDEWALK PROJECT (JOB 0807)

City Manager Simonsen requested that Officer Doppelhammer explain how this project originated.  Officer Doppelhammer stated that during a Community Policing meeting it was suggested that sidewalks be installed for residents of St. John’s and others using this area to improve public safety as residents were walking or driving their motorized wheelchairs on the highway shoulder.

City Manager explained that this project involves the construction of approximately 2,600 feet of a 5-foot wide concrete sidewalk along the east side of T.H. 13 from Elmira Street to Fountain Street (going through Shoff Park) and on the west side of 9th Avenue from Fountain Street to Clark Street.  The project would provide a safe pedestrian route for persons living in the area to access the Skyline Plaza and Southwest Middle School areas.  Currently pedestrians wishing to travel between the two areas must traverse on the busy T.H. 13.

The total cost of the project is estimated to be $120,987.85 with approximately 5% of the project being assessable to adjacent property owners.  Over $32,000 of the estimated cost include the necessary upgrades to the railroad crossing near the intersection of Highway 13 and Elmira Streets.  The majority of the costs are incurred in the 4-inch thick concrete sidewalk.  If the Council chooses to accept this feasibility report, they would call a public hearing for Monday, June 23, 2008 at 7:00 p.m.

Resolution 08-119 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
 (See Secretary’s Original Resolution 08-119
included with these minutes)

c.         RESOLUTION 08-120 – ACCEPTING BID & AWARDING CONTRACT –
            (JOB 0717)

City Manager Simonsen explained that bids were advertised and accepted for Job 0717, the 2008 Roofing Contract #1 to furnish all labor, material and equipment to remove and replace the rubber roof at the City Garage.  Six bids were received on the project:

            Interstate Roofing & Waterproofing, Inc., Onalaska, WI              $67,909.00
            Kato Roofing, Mankato, MN                                                          $81,772.60
            Kiker Bros., Inc., Austin, MN                                                         $56,987.00
            All Weather Roof, Austin, MN                                                       $69,419.60
            Malo Roofing, Inc., Owatonna, MN                                               $54,190.00
            Nieman Roofing Co., Inc., New Prague, MN                                $70,040.00

City staff recommends accepting the lowest responsible bid from Malo Roofing, Inc., Owatonna, MN for $54,190.00.  The engineering estimate on this project was $73,665.60.

Resolution 08-120 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 08-120
included with these minutes)

d.         RESOLUTION 08-121 – ACCEPTING BID FOR MOWING SERVICES 2008

City Manager Victoria Simonsen explained that the City advertised for bids for the mowing and trimming of grass on private and public properties that violate the city’s ordinance regarding yards to be free of tall grass and weeds.  Bids were submitted that included a charge for lots or yards up to 12,000 square feet in area, 12,100 to 20,000 feet in area and over 20,000 feet in area. 

The city received only one bid from Mr. Dennis J. Olson, Albert Lea, MN and the bid was $23.00 for property up to 12,000 square feet in area and $33.00 for property up to 12,001 to 20,000 square feet in area.  The cost is up $5.00 per unit from last year’s bid due to fuel costs.

Resolution 08-121 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-121
included with these minutes)

e.         RESOLUTION 08-122 – APPROVING PURCHASE OF LAND FOR SUNSET STREET EXTENSION AND ADJACENT PROPERTIES

City Manager Victoria Simonsen explained that this resolution would approve entering into an agreement to purchase land for the Sunset Street extension and adjacent properties to the south.  The City has been negotiating a purchase agreement with the land owner, George Dress, for several years.  There is now an economic development opportunity for the land south of the street extension, and is requesting a resolution to enter into a purchase agreement with the property owner.

The property consists of approximately 124 acres of land between the east city limit lines of Chapeau Shores to the west city limit line west of Highway 13.  Both the City and the property owner have conducted independent appraisals of the property with both suggesting approximately $14,000 per acre for the land.  Mr. Dress is interested in selling the property for $1,250,000 in cash and an adjustment of approximately $70,000 to the assessments associated with Jobs 9513 & 9514 for property he owns at the northeast corner of Blake Avenue and East Main Street.

• The purchase agreement would be subject to approval from the Union Pacific railroad to cross the north/south railroad right-of-way 700 feet west of Highway 13.
• That the assessments for the portions of the parcel north of the new Sunset extension shall be deferred until the property is sold or developed.
• The Albert Lea Medical Center-Mayo Health System agrees to purchase and acquire approximately 51.7 acres of the land identified.

Mr. Roger Bok, 1012 Cato Drive, was removed from the chambers for remarks made towards the Mayor.

Resolution 08-122 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 08-122
included with these minutes)

f.          RESOLUTION 08-123 – DESIGNATING INSPECTION DEPARTMENT AS CITY HEALTH OFFICE

City Manager Simonsen explained that the City of Albert Lea was notified in 1996 that the Minnesota Department of Health would perform health inspections in accordance with Minnesota statute Chapter 144.  The City Council relinquished this authority to the Commissioner of Health.  However, there are still city ordinances that require the City of Albert Lea inspect certain businesses not covered by the Minnesota Department of Health (i.e., tattoo establishments).  This resolution would authorize the Inspection Department to assume the duties of the City Health Office for purpose of local ordinance enforcement.  Staff will be given the necessary training to oversee enforcement as appropriate.

Resolution 08-123 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-123
included with these minutes)

g.         RESOLUTION 08-124 – NOT WAIVING MONETARY LIMITS ON TORT LIABILITY

City Manager Simonsen explained that this resolution would affirm that the City of Albert Lea does not waive the monetary limits on tort liability as established by M.S. 466.04.  It authorizes the City Manager to sign a non-waiver of the city’s monetary limits on tort liability as required by state law.

Resolution 08-124 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-124
included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

First Ward, Councilor Rasmussen reported:

• Requested status on fountains;
• Committee update -  Library Board and staff development;
• Friends of the Library book sale at Skyline Plaza – May 30-31th.

Second Ward, Councilor Baker reported:

• No items.

Third Ward, Councilor Marin reported:

• Lights near Moose Club need attention;
• South Broadway & 9th intersection - concern with traffic and Industrial Park, culvert being removed;
• Sunken manhole on Front Street near Tribune;
• 504 Court St. – tall grass.

Fourth Ward, Councilor Olson reported:

• 816 Garfield – long grass complaint;
• Alley grading has started;
• Reminder to drive safely as schools out.

Fifth Ward, Councilor Severtson reported:

• Committee update – HRA.
• ALPD non-emergency dispatch should be called with nuisance complaints.

Sixth Ward, Councilor Brooks:

• No Committee Items;
• Long grass at 800 E. 8th &1401 Todd;
• Concrete tiles on South Broadway;
• 1222-1225 Frank Hall Road needs attention.

Mayor Randall Erdman reported:

• Proclamation for National Garden Week – June 1-7, 2008;
• Proclamation for May is REACT Month;
• Thanked everyone involved with the Memorial Day activities.

b.         City Manager’s Response to Public Items
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

• Reported on the moving in of the house on Wedgewood Road and this was given approval by the Board of Appeals.
• Reported on the tree that was removed on 211 E. 2nd Street.  It interfered with electrical lines.  Homeowner can plant a tree on their property.
• Fountains in the lake will be turned off on windy days.
• Concerns from Mr. Fjelbroten have been addressed; road ditch has been repaired and staff feels that there is adequate signage
• Reported on the 4th Annual Home Town Pride Cleanup Day event.
• Gave update on procedures regarding Nuisance Ordinance.

7.         PUBLIC FORUM

Mr. Randy Kehr, 1712 Plainview Lane, stated the following: 

• Read a letter from the Albert Lea – Freeborn County Chamber of Commerce committing to contributing $1,000.00 toward the cost of the ArtSpace survey.

Ms. Joanne Brackey, 2205 Myers Road:

• Thanked the City for their continued support of Albert Lea Transit.

8.         ADJOURNMENT – 8:10 p.m.

Councilor Marin moved and Councilor Olson seconded that there being no further business, the council meeting be adjourned at 8:10 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, June 9, 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 27, 2008

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

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