The May 29, 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 MAY 14, 2007

*b.       RESOLUTION 07-87 – APPROVING CLAIMS:  Resolution 07-87 represents the financial claims of the City.

(See Secretary's Original Resolution 07-87 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

MOTION:  Move to adopt the consent agenda as presented.

Councilor Marin 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 COTTAGE FEE – LEADERSHIP PROGRAM – CHAMBER OF COMMERCE

City Manager Simonsen explained that the Chamber of Commerce, in conjunction with Riverland Community College, will be offering a Leadership Program that is designed to provide an ongoing source of motivated leaders informed about the community and its issues.  The group is requesting the City Council to waive the fee for use of the Edgewater Park cottage on August 21st to kick off the program.  The value of the reservation is $15.00 per hour.

Mr. Randy Kehr, 1712 Plainview Lane spoke regarding the Leadership Program and requested the council support for this program.

MOTION:  Move to grant the request to waive the fees for the cottage.

Motion was introduced by Councilor Marin, 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.

b.         REQUEST TO RESERVE THE NORTH BROADWAY PARKING LOT - MID-MAY TO OCTOBER – FARMER’S MARKET

City Manager Simonsen explained that Verlys Huntley, representing the Albert Lea Farmer’s Market, is requesting to reserve the North Broadway parking lot on Wednesdays from mid-May through October to accommodate the Farmer’s Market.

Mrs. Huntley spoke to the council and stated that it was necessary to reserve this lot for the customers and the vendors.

MOTION:  Move to grant the request.

Motion was introduced by Councilor Rasmussen, 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.

c.         REQUEST TO WAIVE BUILDING PERMIT FEE - 908 9TH STREET E.

City Manager Simonsen explained that Mr. Don Hebert, on behalf of Habitat for Humanity, is requesting the City Council consider waiving the building permit fee for a house to be constructed at 908 9th Street E.  Waiving of the allowable permit fees would be $833.  The home is anticipated to be built over the summer months.
MOTION:  Move to grant the request to waive the building permit fee for Habitat for Humanity.

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.

4.         UNFINISHED BUSINESS – NO ITEMS

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 07-88 – ACCEPTING PETITION TO VACATE ALLEY – BRIDGE ADDITION

City Manager Simonsen explained that Gray Canyon Companies, Elko, Minnesota has requested the vacation of the alley in the plat of Bridge Addition which runs east in an east/west direction between Katherine Street and Shellrock Street.  The Planning Commission held a public hearing on May 23, 2007 with no public comment regarding the item.  This public hearing would receive further public input on the issue.  City staff can support the vacation of the alley as described.

Mayor Erdman opened the public hearing.

Mr. Roger Bok, 1012 Cato Drive, asked what the city was charging for this vacation.  He stated that the city did not charge the proposed $300.00 on the alley that was vacated by the jail and there were others where no $300.00 charge was made.  He commented about the alley that George Marin closed on Garden Villa.  There was no public hearing, and then they put a chain across it and said the heck with the handicap.  Would like to know why?  There should be no charge for anyone else either.

Mayor Erdman asked for more public input and no one came forward and the public hearing was closed.

Resolution 07-88 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 07-88 included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 07-89– VACATING UTILITY EASEMENT – BRIDGE ADDITION

City Manager Simonsen explained that a public hearing was being held to receive input regarding the vacation of the utility easement in the Bridge Addition which runs from the alley in a southeasterly direction to Main Street.  The City granted the easement to We Gun Companies II, Inc. in 1986.  City staff has no objection to the release of easement as requested.

Mayor Erdman opened the public hearing.

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

Resolution 07-89 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-89 included with these minutes)

c.         PUBLIC HEARING AND RESOLUTION 07-90 – ACCEPTING CERTIFICATE OF CORRECTION TO PLAT – BRIDGE ADDITION

City Manager Simonsen explained that this resolution would authorize the Mayor to sign a Certificate of Correction to Plat in the Bridge Addition.  The original platting of this block contained eleven lots located between Katherine Street, Bridge Street and Shellrock Street.  The said plat is hereby corrected to be designated as Block 1.  The original platted block containing Lots 1 & 2 as shown on said plat is hereby designated as Block 2.  The plat was originally dated August 20, 1920 and would hereby be revised.

Mayor Erdman opened the public hearing.

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

Resolution 07-90 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 07-90 included with these minutes)

d.         PUBLIC HEARING AND RESOLUTION 07-91 – APPROVING MISCELLANEOUS ASSESSMENT ROLL 0061

City Manager Simonsen explained that a public hearing is being held to receive input regarding miscellaneous assessments Roll 0061 involving unpaid balances of sewer and water bills, snow removal, etc. that have not been paid.  This resolution would authorize the outstanding balances to be placed on the property owner’s tax statement as a miscellaneous assessment.

Public Hearing was opened by Mayor Erdman.

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

Resolution 07-91 was introduced by Councilor Brooks, 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 07-91 included with these minutes)

e.         RESOLUTION 07-92 –AUTHORIZING AMENDMENT TO CONDITIONAL USE PERMIT – FIRST LUTHERAN CHURCH

City Manager Simonsen explained that this resolution would authorize an amendment to the conditional use permit currently held by First Lutheran Church to allow construction of a welcome sign that faces the intersection of Williams Street and St. Mary Avenue at a 45 degree angle.  This is an Eagle Scout project submitted by senior high student, Jim Swenson.  The Planning Commission held a public hearing on May 15, 2007 and recommended the City Council approve the application to amend the conditional use permit subject to the following condition:

• Construction of the sign shall be in accordance with the drawings as submitted, except that the setback from the street right‑of-way shall be 25 feet on each abutting street.

Resolution 07-92 was introduced by Councilor Baker, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Baker, Marin, Severtson, Brooks and Mayor Erdman.  Councilors Rasmussen and Olson voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-92 included with these minutes)

f.          RESOLUTION 07-93 – AUTHORIZING PRELIMINARY AND FINAL PLAT – MILL STREET SENIOR HOUSING ADDITION

City Manager Simonsen explained that the Planning Commission has reviewed the preliminary and final plat of Mill Street Senior Housing Addition in accordance with Chapter 54 of the City Code and has recommended approval of such.  The plat was prepared by Sunde Land Surveying, April 16, 2007.  The project involves a senior housing development to be located at the northwest corner of Mill Street and South Washington and is zoned RP-Residential Preservation District.  The architect has designed the building to set it into the hillside so it will not overpower the residential area.  The backside will be two stories tall to match the neighboring residential structures.  The front of the building is three stories.  Entrance to the site will be from Washington Avenue with one-way traffic.

City staff can support the preliminary and final plat as presented and approved by the Planning Commission.
Resolution 07-93 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 07-93 included with these minutes)

g.         RESOLUTION 07-94 – AUTHORIZING CONDITIONAL USE PERMIT – ASI

City Manager Simonsen explained that the Planning Commission held a public hearing on May 15, 2007 and recommended the City Council approve the application of Accessible Space, Inc. to allow a conditional use permit to construct a 23-unit senior housing apartment subject to the conditions outlined within the resolution.  City staff can support the conditional use permit as presented.

Resolution 07-94 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 07-94 included with these minutes)

h.         PUBLIC IMPROVEMENT HEARING AND RESOLUTION 07-95 – ORDERING IMPROVEMENT – PEARL STREET AND ELIZABETH - JOB 0313

City Manager Simonsen explained that a public improvement hearing is being held to receive input regarding Job 0313 Pearl Street and Elizabeth.  This job involves the relocation and replacement of the Pearl Street lift station to a location north of its current site and replacement of the current lift station with a submersible pump.  The project also involves replacement of the watermain, curb, gutter and bituminous pavement on Elizabeth Avenue and Pearl Street.  The estimated cost of the project is $313,606.96 with 41.5% of the project being covered by state bonding funds awarded in 2005, 47.9% being city cost and 10.6% assessable to adjacent property owners.  If the project is ordered this evening, this would be advertised on June 1st and awarded on June 20th.  The project would be completed by October 31, 2007.

Public Hearing was opened by Mayor Erdman.

Mr. Roger Bok, 1012 Cato Drive, had questions regarding the road that is to come from Clark Street down to Newton Street.  Should it be addressed in this project?  Also, suggested that Alliant be moved into an industrial area.  Suggested cleaning up that entire area.  The courthouse would like more parking in that area, you could turn it into anything.

Mr. Bruce Manwarren, 410 Elizabeth Avenue, requested the amount of his assessment for this project.

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

Resolution 07-95 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 07-95 included with these minutes)

i.          RESOLUTION 07-96 – AUTHORIZING CONTRACT WITH HOISINGTON KOEGLER GROUP, INC. – COMPREHENSIVE PLAN

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with Hoisington Koegler Group, Inc., Minneapolis, MN for services to complete the City’s Comprehensive Plan.  The agreement outlines a scope of services, fee schedule and other elements which constitute a comprehensive plan update.  The consultant was selected by the Comprehensive Plan Steering Committee to complete an updated comprehensive plan over the next twelve months at an expense not-to-exceed $108,000 including reimbursable expenses.  The work plan is comprised of two parts:  the vision and the comprehensive plan.  The final plan will include an executive summary with key directives graphically illustrated and described in narrative form which will direct and guide the community over the next twenty years.

Resolution 07-96 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 07-96 included with these minutes)

j.          RESOLUTION 07-97 – AUTHORIZING PRELIMINARY DEVELOPMENT AGREEMENT – FLYING J

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a Preliminary Agreement for completion of a subdivision development for the Flying J Addition.  This addition is located on the southwest quadrant of I-35 and Highway 46 (East Main Street).  The development agreement is considered preliminary until the final cost of the project has been determined at which time a final development agreement will be presented.  The developer agrees to pay all costs associated with the grading road construction, site construction, street lighting, traffic studies, water, sewer, curb and gutter to build a proposed Flying J Travel Plaza.  The total cost of the project is anticipated to be $2,227,958 with the City agreeing to pay $159,660 toward the construction of Doyle Avenue.

The developer has agreed to provide a performance bond in the amount of $1,729,603.35 to the City prior to awarding the construction contract.  The City will make payments for site work and consulting fees.  Furthermore, the developer agrees to set up a separate escrow account for the required activities related to erosion control and a retention pond for an adjacent property.  The developer is requesting that the City consider waiving the payment in lieu of parkland dedication in the amount of $17,758 as well as the sanitary sewer and watermain area development fees totaling $76,716.

Resolution 07-97 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-97 included with these minutes)

k.         RESOLUTION 07-98 – AUTHORIZING AGREEMENT WITH ALBERT LEA ICE SKATING ASSOCIATION – TO OPERATE CONCESSIONS – AQUATIC CENTER

City Manager Simonsen explained this resolution would authorize the Mayor and City Manager to enter into an exclusive agreement with the Albert Lea Ice Skating Association to manage and operate the concession services at the Aquatic Center.  The contractor agrees to maintain insurance which will fully protect the contractor and the City from any and all claims associated from the operation.  The contractor agrees to pay the City $500 per month for use of facilities.  The contract shall expire on September 30, 2007.

Councilor Vern Rasmussen stated that he would be abstaining as his daughter is a member of the ice skating team.

Resolution 07-98 was introduced by Councilor Olson, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Councilor Rasmussen abstained.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-98 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Concern about the mowing of grass into the street on the east side of the fairgrounds.
• Question regarding trees hanging over docks and who would be responsible if a tree or branch fell onto the docks.
• Congratulated the graduating seniors.  Thanked them for giving to the community and encouraged them to come back to the community some day.
• Library Board - Reported that the library remodeling is coming together on the second floor and that new policies and procedures will be presented to the council in the near future.

Second Ward, Councilor Baker:

• Planning Commission update.

Third Ward, Councilor Marin

•  Concerns about skunks on Mark Drive and a large brush pile.
• 1321 S. 4th Avenue – grass needs to be mowed.
• 1021 S. 4th Avenue – brush pile needs to be removed.

Fourth Ward, Councilor Olson:

• No flag is up at New Denmark Park.
• Thanked Mayor Erdman and Dave Mullenbach for the flag displayed at the Freeborn Bank Building
• Requested that the police do more patrolling at the parking lot near the skate park.

Fifth Ward, Councilor Severtson:

• Reported on HRA Meeting, Planning and Airport meetings.
• Storage of lumber at the corner of Eberhardt & Columbus.

Motion:  Move to authorize staff to advertise for sale of the rails and use the proceeds to fix up the trestle.

Motion made by Councilor Severtson, 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 motion passed.

Sixth Ward, Councilor Brooks:

• 1624 S. Broadway – resident was not notified of tree trimming prior to it occurring.
• 222 Milo vacant house – grass needs trimming.
• Requested update on South Shore Drive.
• No Committee Updates.

Mayor Erdman:

• Stated that aerial spraying for mosquitoes will begin on May 30, weather permitting.
• Ground breaking for Brookside boat landing trail on May 31 at 4:30 p.m.
• Thank you to Destination Albert Lea and the Downtown Association for their help in the downtown clean-up and showcasing the Freeborn Bank Building.
• Attended the Land between the Lakes Action Team meeting regarding the Blazing Star Landing and the goal is to get people on the site and clean up of the channel.
• Thank you to the entire community and staff for the support in the successful Memorial Day celebration.
• Regarding the Fuel on the Lake challenge to help cover the insurance for the summer – Days Inn has offered $500.00, and Mr. Dan Grube has offered to donate $50.00.  The city appreciates any and all donations toward this project.
• Congratulated Scott Woitas and Penny Jahnke for their participation in the May 20th Triathlon and everyone who participated and this event was a success.
• Thanked everyone involved in the successful Memorial Day Ceremonies.

b.         CITY MNAGER’S RESPONSE TO PUBLIC ITEMS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

• Ward II, regarding more dock spaces on Fountain Lake.  This was forwarded to the Park and Recreation Board for recommendation and at this point the committee has not made a recommendation to add additional spaces.
• Ward III, a request to change the zoning of 1321 South 4th Avenue from an I-2 to R-1.  Staff will initiate this with the next Planning Commission meeting.
• Owners at 1021 S. 4th Avenue have been contacted and have been given a time line to remove the brush.
• Request to find out about the City Manager’s spending limits in surrounding communities:  The amount of $50,000.00 is mandated by State Statue for communities and the city managers with a population over 2,500.
• Park and Recreation Committee will be discussing the banning of dogs in city parks.
• Ward IV – concern about lumber piling up on the corner of Eberhart and Columbus:  Contact has been made with that business and it appears that staff may need to address this as a storage issue.
• House on corner of Blake and East Main Street or County Road #46:  Concern about the condition and length of the grass, owner did come in immediately following the last meeting and agreed to work with the city on the demolition of that structure.
• Chief Paul Stieler addressed the valuation and charges for a building permit and how the city arrives at the cost of a building permit.

7.         PUBLIC FORUM

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

• Deaf Child Sign – this should not be a problem, as there is one in Ward IV.
• Audit – asked the Mayor what does he have against the packing house?
• Packing house plant provided more for this town than anyone else and it would be nice to have a monument or sign out on this site.
• Saved $40,000 on aerial photos, how could we save this amount of money, if the engineer was higher than the estimate?
• Spent the extra dollars from the previous project and moved the engineer’s office and there is $4,000.00 that is unaccountable for.
• Dogs in town – why can’t people pick up their dogs after work at the pound?  Should keep a ledger on the dogs that are picked up.
• Dead trees on Frank Hall still not removed.
• Pelican Breeze trailer is still sitting down there, blocking five parking spaces.
• Why did the city want to block off half of that boat landing; still have not received an answer.
• Why are we doing a new boat landing at Edgewater and why is the city paying for this?  Mayor Erdman stated that the Department of Natural Resources will be paying 75% of that cost.  Bok stated that the county is supposed to put in the boat landing as the lake is owned by the county.

Miss Kendra Olchefske, 668 Meadow Lane,

• Concerns regarding the intersection of Meadow Lane and Sunset and there is no stop or yield sign.  Would like to request a sign to be placed at this intersection.  City Manager Victoria Simonsen explained the policy regarding a request for this type of sign.

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

• Thanked Chief Stieler for the information on building permits and inspection fees.
• Sec. 499 - Inspections taking too long.
• 65.850 – documenting escrow into the fire packet.
• Concerns that the insulation was inspected, but not the wall board.

Mr. Dave Mullenbach, 322 Lloyd Place,

• Commended staff, police and fire departments for all of the cooperation during the Memorial Day Events
• Thanked Sandra Maiden, Chair person for the parade.
• Channel area is a hidden asset in our community, Sentence to Serve will be working on this area to clean it up
• Thanked the City Council for making Albert Lea a wonderful place in which to live.

8          ADJOURNMENT – 8:30 p.m.

Councilor Brooks moved and Councilor Rasmussen 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 on Monday, June 11, 2007.  On roll call vote, all councilors voted in favor of said motion. Mayor Erdman declared the motion passed and the meeting adjourned.

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

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