June 11, 2007

The June 11, 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.

b.         A Lifesaving Award Certificate was presented to Mr. Dwayne L. Osterhout by Chief Dwaine Winkels.

2.         CONSENT AGENDA

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

*b.       RESOLUTION 07-99 - APPROVING CLAIMS:  Resolution 07-99 represents the financial claims of the City.

(See Secretary's Original Resolution 07-99 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 FOR CRAZY DAYS STREET CLOSURE

City Manager Simonsen explained that the Downtown Association is requesting permission from the City to close portions of Broadway and Williams Street on Thursday, July 12th, 2007 for the annual Crazy Days event.  Portions of Williams Street, on both sides of Broadway, but not including the intersection, would be used for most of the day.  City crews have previously left barriers in the area for the Downtown Association to place as needed.  This arrangement would continue to work for this year.  City staff can support the request as presented.

MOTION:  Move to grant the request.

Motion was introduced by Councilor Severtson, 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.

b.         REQUEST FOR CONSTRUCTION OF SALES OFFICE – EAGLE’S REST

City Manager Simonsen explained that Mr. Doug Lembke and Mr. Bill Leland are requesting the City Council’s consideration to start construction of a sales office/model home at Eagles Rest Development.  The construction of the infrastructure at Eagles Rest Subdivision is in progress and anticipated to be complete within the next 90 days.  The construction of a sales office is anticipated to take significantly longer.  Therefore, the request involves the ability to start construction of a sales office to better coincide with the completion of the infrastructure improvements.  It should be noted that the development agreement with the owner of the property, Scott LaFavre, indicates that “no building permits will be issued until sanitary sewer, water, storm sewer, final street grading and gravel is in place in front of each lot for which a permit is requested”.

Mr. Bill Leland explained that he did not realize that the former club house was going to be demolished immediately and this was the building that would have served as a sales office.  He also stated that it was an error on his part that this was not addressed in the developer’s agreement.

MOTION:  Move to deny this request.

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

After much discussion by the council, the following motion was made.

MOTION:  Move to instruct staff to draft an amendment to the developer’s agreement to be agreed upon by both parties to allow a model home/sales office to be built.

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

c.         REQUEST FOR DONATION OF ITEMS – ALBERT LEA PUBLIC LIBRARY FOUNDATION

City Manager Simonsen explained that the Albert Lea Public Library Foundation wishes to donate items to the City as part of the library expansion.  The Foundation wishes to dedicate built-in bookcases, decorative lettering and a wall of recognition to the City as further contribution to its improvements.

MOTION:  Move to accept the donation from the Albert Lea Public Library Foundation.

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.

d.         REQUEST FOR JOINT WORKSHOP – NORTHSIDE BUSINESS & HOMEOWNERS ASSOCIATION

City Manager Simonsen explained that the Northside Business & Homeowners Association is requesting a meeting with the City Council, County Commissioners and staff to discuss the Bridge Avenue Corridor project.

MOTION:  Move to direct staff to set up a joint workshop.

Motion was introduced by Councilor Olson, 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.

4.         UNFINISHED BUSINESS – NO ITEMS

5.         NEW BUSINESS

a.         RESOLUTION 07-100 – AWARDING THE SALE OF PIR BONDS, SERIES 2007A

City Manager Simonsen explained that this resolution would award the sale of $2,400,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2007A.  The projects included in this bond proposal include the East Main Street Lighting Project, Amelia Avenue, Amelia Place, Oregon Street, Hoffman Street, Hershey Street and Pilot Street improvements.  Ms. Brenda Krueger, Springsted, Inc., was present to explain the proposal to purchase the bonds and the details involved with such a transaction.  Ms. Krueger explained the A-1 rating and the interest on the bonds.

Resolution 07-100 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 07-100 included with these minutes)

b.         RESOLUTION 07-101– AWARDING THE SALE OF WATER BONDS, SERIES 2007B

Ms. Brenda Krueger, Springsted, Inc., explained the sale of the $1,040,000 General Obligation Water Revenue Bonds, Series 2007B, and described the terms of the proposal to purchase the bonds.  The projects associated with this bond issue include improvement to the west and south water towers, the watermain extension/loop on East Main Street, watermain replacement and the cost associated with the issuance of bonds.

Resolution 07-101 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution07-101 included with these minutes)

c.         RESOLUTION 07-102 – ADOPTING LIBRARY POLICIES

City Manager Simonsen explained that at the May 2007 meeting, the Library Advisory Board adopted the Albert Lea Public Library Policy Manual to replace the previous policy statement.  The Library Director compiled the policies with the input from staff and the Board of Directors.  The policies include a new library mission statement and objectives, patron responsibilities and conduct, as well as policies addressing computer usage and electronic resources.  This resolution would rescind the previous policies and adopt those included in the policy manual revised in May 2007.

Resolution 07-102 was introduced by Councilor Rasmussen, seconded by Councilor Marin. 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 07-102 included with these minutes)

d.         INTRODUCE ORDINANCE 112, 3b – RESTRUCTURING BOARDS AND COMMISSIONS

City Manager Simonsen explained that this is an introductory ordinance repealing sections 2-171 through 2-487 of the Albert Lea City Code and enacting an ordinance restructuring City of Albert Lea Boards and Commissions.  This is the first reading of an ordinance that would restructure the current city code to allow for a uniform number of members on each board and commission to be seven in number, to establish a per diem for board members attendance at meetings, and to combine the Board of Appeals and the Board of Zoning into one board.  The section dealing with the Port Authority was not altered.  A change in an ordinance requires a second reading which will occur at the June 25, 2007 meeting at which time the ordinance may be adopted.

The first reading of proposed Ordinance 112, 3b was introduced by Councilor Severtson, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson and Mayor Erdman.  Nays: Councilor Brooks.  Mayor Erdman declared the resolution passed.

(See Secretary’s Ordinance 112, 3d included with these minutes)

e.         RESOLUTION 07-103 - ACCEPTING BIDS FOR JOB 0630 – AMELIA PLACE, AMELIA AVENUE, HOFFMAN AVENUE, OREGON STREET AND HERSHEY STREET

City Manager Simonsen explained that this resolution would accept the bids for Job 0630 involving the total reconstruction of Amelia Place and Amelia Avenue and replacing the bituminous paving on Hoffman Avenue, Oregon Street and Hershey Street from YH Hanson to the east end.  Two bids were received on the project.  Ulland Bros., Inc., Albert Lea, MN bid $270,709.08; and Crane Creek Asphalt, Owatonna, MN bid $270,155.39.  Engineering staff have reviewed the bids and are recommending the low bid as submitted by Crane Creek Asphalt.  Engineer’s estimate on the project was $297,413.

Resolution 07-103 was introduced by Councilor Marin, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Baker, Severtson, Brooks and Mayor Erdman.  Nays: Councilors Olson and Rasmussen.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-103 included with these minutes)

f.          RESOLUTION 07-104 – 2008 STATE BONDING REQUEST – EDGEWATER PARK LANDFILL CLEANUP

City Manager Victoria Simonsen explained that this resolution would authorize the City Manager to work in cooperation with the Shell Rock River Watershed District and Freeborn County to submit an application for state bonding funds to be submitted for 2008 requests.  During the 2006 bonding session, the state awarded $3.65 million to Minnesota Pollution Control Agency’s Closed Landfill Program for cleanup of the Edgewater Park landfill.  The engineering estimates for the project have been submitted at approximately $6 million plus contingencies, leaving a shortfall of nearly $2.5 million.  This resolution would authorize the staff to submit an application of an additional $2.5 million in bonding requests for the remaining costs of the Edgewater Park landfill cleanup project.

Resolution 07-104 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-104 included with these minutes)

g.         RESOLUTION 07-105 – AUTHORIZING MAINTENANCE AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION

City Manager Simonsen explained that this resolution would authorize a maintenance agreement between the City and the Minnesota Department of Transportation to provide for routine maintenance by the City within the corporate city limits along and adjacent to T.H. 13 and T.H. 65.  The area constitutes 14.45 lane miles at a cost of $24,304.61 for 2008 and $24,790.70 for 2009.

Resolution 07-105 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 07-105 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Thank you to the Class of 2007 for all of their achievements and their great representation of our community over the past years.
• Special “Thank You to Dave Olson” for helping clean out the street gutters while walking.
• Parks Department was down at Lakeview Park and working on the basketball courts, do we have any time line on this?  City Manager stated that it will take about 2 weeks.
• Requested to replace all torn and tattered flags on Broadway for this coming weekend.
• Encouraged city to keep talking with the Freeborn County Commissioners regarding the Bath Road interchange.
• Port Authority authorized the selling of the North Building #2.
• The annual audit for the Port Authority is available in the library.
• Port Authority changed the per diem for board meetings per state statue
• Port Authority meeting has been changed due to the holiday from July 4th to July 3rd.
• Port Authority is working on the final contract for Executive Director Dan Dorman.

Second Ward, Councilor Baker:

• No Committee Updates.
• Inquired as to when the flood mitigation area will be improved.  He would like the city to use some of Mr. Harold Kinney’s ideas for this area.

Third Ward, Councilor Marin

• Congratulations to the Class of 2007 and encouraged them to return to Albert Lea.
• Praised the Community Policing meetings.  Thanked Chief Winkels and his staff.
• Inquired as to when the gas station would be removed in the flood mitigation area.  City Engineer stated that an asbestos inspection needs to be completed and the owner needs to be contacted.
• Guests from different areas were visiting this past week and they were very impressed with the beautiful City of Albert Lea.

Fourth Ward, Councilor Olson:

• No Committee updates
• Attended the Classic Car Show at Thornecrest Retirement Community which was a good time for all.
• A yard junk complaint will be forwarded to staff.

Fifth Ward, Councilor Severtson:

• 1411 East Main Street, the holes in alley and sidewalk is sinking.
• Inquired about an order for removal of a house on Jefferson.
• Inquired if the city has received any quotes on the rails and steel near the channel.
• Thanked the Mayor for the purchase of the new flag for the Freeborn Bank Building.

Sixth Ward, Councilor Brooks:

• Asked the City Engineer to check on the condition of South Milo Street.
• Requested an update on South Shore Drive project.

Mayor Erdman requested that the council consider a motion to pursue parking options on the Hanson Building lot.

MOTION:  Move to direct staff to research parking lot options for the Hanson Building lot for future parking.

Motion was introduced by Councilor Severtson, 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.

• Thank you to Finance Director Rhonda Moen and City Manager Victoria Simonsen for all of their work regarding the bond rating.
• Thank you to Chief Winkels and Lieutenant J.D. Carlson for their quick response to a bomb issue in the neighborhood.
• Thank you to Janelle VanEnglenberg and the Sentence to Serve crews for all of their hard work on the cleaning up of the channel area near the Blazing Star Landing area.
• Thank you to the Pelican Breeze, sponsors and crew members for the free rides on Sunday and encourage everyone to support this business.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

• First Ward - Mowing of grass into the street at the fairgrounds has been addressed.
• Trees hanging over docks would be the city’s responsibility if the trees are on the city right-of-way, and not a purposeful action by leasee.
• Second Ward, 706 W. Clark was cleaned up on May 29th, dumpster cost was $425.00.
• Third Ward, Mark Drive, two loads of trash were hauled out May 30th.  The bill will be sent to the owner.
• 1321 S. 4th Avenue - complaint about grass; it has been mowed.
• 1021 S. 4th Avenue - the grass has been mowed, brush pile still there.
• Fourth Ward, flag at New Denmark Park - Park & Rec. are working on the flag issue.
• Sixth Ward, 1624 S. Broadway, Alliant Energy is doing the trimming of trees.
• 2222 Milo - grass has been cut .  This house is for sale.
• Aerial spraying for mosquitoes was completed last Friday.
• A record is kept of all dogs that are picked up and the arrangements can be made for pick-up of animals after business hours.  Due to the illness of one of the regular employees, who managed this area, the city has been short hours in this department.

7.         PUBLIC FORUM

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

• Problems with the sound system in the Council Chambers.
• Port Authority problems and, “Why did we give out $100,000 to the Indian that left town?”  Mayor Erdman ruled him out of order and had him removed.

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

• Presented the council with a format for building permits, etc, which he would like the city to use.
• Questions regarding the color of the new light poles.
• Stated that there is something wrong with the sound system.
• Questioned the Mayor as to remarks made at a local restaurant.
• Asked for followup to a list of victims he turned in.  Then commented “Did that go into the Mexican file…..”.  Mayor Erdman ruled him out of order and had him removed.

Mr. Robert Fjelbroten, 21458 775th Ave., Albert Lea, MN stated the following:

• Concerns and questions regarding the emergency units knowing where the new streets are located.
• Problems with traffic not stopping out at Love’s Truck Stop.
• Problems with leveling, grading and landscaping of a property that the city has not finished.  This was referred to the City Engineer.

Ms. Barb Beseman, 1607 Academy, stated the following:

• Concerns and questions regarding the emergency calls that were made and the emergency crews could not locate them.  This call was for her dad and she was very upset that our emergency crews did not know this area.
• Problems with cross traffic not stopping at Love’s Truck Stop.

8.         ADJOURNMENT – 8:27 p.m.

Councilor Severtson moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 8:27 p.m., until the next regular meeting of the Albert Lea City Council on Monday, June 25, 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 June 12, 2007.

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

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