The June 25, 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 JUNE 11, 2007.

*b.       RESOLUTION 07-106 - APPROVING CLAIMS:  Resolution 07-106 represents the financial claims of the City.

(See Secretary's Original Resolution 07-106 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:


ANNUAL LICENSE(S)

 

3.2% ON-SALE & 3.2% OFF-SALE

 

Sportsman Tavern, 216 E. Clark Street, Albert Lea, MN

 

Jake's Pizza, 126 W. Clark Street, Albert Lea, MN

 

CIGARETTE

 

Sportsman Tavern, 216 E. Clark Street, Albert Lea, MN

 

MECHANICAL AMUSEMENT DEVICE(s)/BILLIARDS

 

Sportsman Tavern, 216 E. Clark Street, Albert Lea, MN

 

 

TEMPORARY LICENSE(S)

 

OFF PREMISES LIQUOR

 

1.  Mark Talamantes, d/b/a Tienda Mexico, 2201 E. Main St., Albert Lea, MN for a dance at the National Guard Armory on July 7, 2007.

 

2.  Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance

 

at the Fairlane Building, Fairgrounds on July 14, 2007.

 

3.  Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance

 

at the National Guard Armory on July 28, 2007.

 

DANCE

 

Efren Bernal, 206 Fenton Avenue, Albert Lea for a dance to be held at the KC Hall

 

on June 23, 2007.

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 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.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST FOR INSTALLATION OF STREET LIGHT

City Manager Simonsen explained that as part of the Community Policing initiative, the Albert Lea Police Department is requesting an additional light to be installed in the alley near Albert Lea Paint & Glass.  Officers working on the issue of reducing problems in the alley during early morning hours feel this measure will deter further mischievous or criminal activity.  The Engineering Department has reviewed the request and can support its location near 122 W. Main Street.

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

b.         ACKNOWLEDGEMENT OF DONATION FROM ALBERT LEA PUBLIC LIBRARY FOUNDATION

City Manager Simonsen stated that the Albert Lea Public Library Foundation is generously donating a gift of 23 Gateway computers and monitors, three network printers, and the software necessary for their operation.  This is part of a continuing effort to upgrade the public computer access at the Library.  Once the new equipment is installed library staff is recommending that the public use be increased from one half hour segments to one hour segments per day.  City staff are thankful for the donation and excited about the new opportunities the gift will provide the public.

MOTION:  Move to accept the donation of computers and monitors from the Albert Lea Public Library Foundation.

Motion was introduced by Councilor Rasmussen, 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.         MOTION TO REMOVE UNWARRANTED SIGNS

City Manager Simonsen explained that the Civil Service Officer involved with parking enforcement is requesting that the signs located at 929 Broadway and another at 113 Newton be removed.  Both signs were placed years ago at the request of the business.  The signs are now obsolete.
MOTION:  Move to direct staff to the signs removed and authorize the City Manager to remove signs as warranted.

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

d.         SET A PUBLIC HEARING FOR THE SALE OF REAL ESTATE

City Manager Simonsen explained that at the recent City auction the city sold six out of eight residential lots.  Pursuant to the City’s Charter, all sale of real property must be preceded by a ten-day notice of a public hearing and the passage of a resolution.  This motion would call a public hearing for Monday July 9, 2007 at 7:00 p.m. in the City Council chambers to consider the sale of these parcels.

The lots will be sold by Quit Claim Deed, not Warranty Deeds.  Once the City Council authorizes the sale of these lots, contracts will be singed with each new property owner.

MOTION:  Move to call a public hearing for July 9, 2007 at 7:00 p.m.

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.

4.         UNFINISHED BUSINESS

a.         ORDINANCE 112, 3d – RESTRUCTURING BOARDS & COMMISSIONS

City Manager Simonsen explained that this is the second reading of Ordinance 112, 3d Restructuring Boards & Commissions.  This ordinance would repeal Sec. 2-171 through 2-487 of the Albert Lea City Code and authorize restructuring of the City of Albert Lea Boards & Commissions.  The ordinance would allow for seven members on each board and commission as well as establish a per diem for board member attendance at meetings which would be set annually as part of the fee schedule.  Further, the ordinance would combine the Board of Appeals and the Board of Zoning into one board.  City staff supports the changes as outlined.

Mr. Davis Gilbertson, 1918 Keystone Drive stated his concerns regarding this ordinance.  He suggested that there be no per diem, that the date and time of the meeting could be changed to accommodate the commissioners, and keep this as a volunteer position.

The second reading of proposed Ordinance 112, 3b and a summary of this ordinance to be published 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 and Mayor Erdman.  Nay: Councilor Brooks.  Mayor Erdman declared the ordinance passed.

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

5.         NEW BUSINESS

a.         RESOLUTION 07-107 – AUTHORIZING BRIDGE AVENUE COST SHARING FOR TRAFFIC ANALYSIS

City Manager Simonsen explained that this resolution would authorize the City to enter into an agreement with SRF Consulting, Inc. to prepare an Alternative Analysis and Scoping for the Bridge Avenue Corridor.  The analysis is intended to provide documentation of previous study alternatives, including traffic conditions and forecasts; identify and evaluate additional alternatives; develop preliminary layouts and cross sections and identify preliminary right-of-way impacts.  The Freeborn County Commissioners approved the project at their June 19, 2007 meeting.  The City’s resolution would approve a 50/50 cost sharing up to $15,000 for the analysis and scoping.  Freeborn County would pay the consultant and the City would reimburse the County as costs are incurred.

Resolution 07-107 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 and Mayor Erdman.  Nay:  Councilor Brooks.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-107 included with these minutes)

b.         RESOLUTION 07-108– APPROVING YOUTH FIRST AGREEMENT

City Manager Simonsen explained that this resolution would authorize the City Manager to enter into an agreement with Independent School District 241 and Community Education to provide an athletic program for 7th & 8th grade students for the 2007-2008 school year known as Youth First Program.  The City’s Park & Recreation Director will have administrative responsibility for the overall Youth First Athletic Program with the School District and Community Education providing supplemental management as necessary.

In the past two years over 400 participants were involved with the program in a variety of athletics including football, basketball, wrestling, tennis, volleyball, baseball, softball, track and cross-country.  The cost to operate the program including salaries, transportation and supplies is anticipated to be slightly over $65,000.  Revenue is generated from participant fees with each of the three partners splitting the difference.  For the 2007-2008 school year, each entity will dedicate an amount not-to-exceed $13,000 per year.  Each entity will continue to provide and maintain liability insurance coverage with the School District providing worker’s comp insurance for all its employees.  Details of each party’s responsibilities are listed in the agreement.

Resolution 07-108 was introduced by Councilor Olson, 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 07-108 included with these minutes)

c.         RESOLUTION 07-109 – ACCEPTING BID AND AWARDING CONTRACT ON MARGARETHA AVENUE (CSAH 48) IMPROVEMENT – JOB 0242

City Manager Simonsen stated that on Thursday, June 21, 2007 bids were received, opened and tabulated according to law for project #0242 involving the reconstruction of Margaretha Avenue from 125 feet south of 11th Street to 14th Street.  The project includes concrete replacement, curb and new storm sewer.  The work also includes replacement of the watermain and sidewalk from 11th to 13th, and additional sidewalk from 13th to 14th Street. Three bids were received on the project in the following amounts:

                        Heselton Construction, LLC                       $1,575,290.28
                        Faribault, MN
                        Elcor Construction, Inc.                             $1,988,452.56
                        Rochester, MN
                        Sorenson Bros., Inc.                                  $1,692,288.30
                        Albert Lea, MN

The project costs would be split by the City and County’s shares of federal funds, municipal state aid funds, and general funds of both entities.  Approximately 14% of the project costs will be assessed to adjacent property owners.

The low bid must be reviewed and approved by Freeborn County and MnDot before moving forward with this contract.

Resolution 07-109 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 Resolution 07-109 included with these minutes)

d.         RESOLUTION 07-110 – ACCEPTING ACT LEASE – 2007-2008 SEASON

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a contract with the Albert Lea Community Theater (ACT) for purposes of renewing a lease for use of the Civic Theater facilities for the 2007-2008 season.  ACT is planning four plays between September of 2007 and May of 2008 and agrees to pay $2,250 per play.  This is ACT’s 43rd season in Albert Lea.  City staff can support the renewal of this lease agreement as presented.

Resolution 07-110 was introduced by Councilor Severtson, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-110 included with these minutes)

e.         RESOLUTION 07-111 – APPROVING THE SALE OF VERMEER EVACUATOR TO FREEBORN COUNTY

City Manager Victoria Simonsen explained that this resolution would authorize the sale of Unit #781, a Vermeer Evacuator, to the Freeborn County Highway Department.  The Street Department purchased this unit in December of 2003 and has logged only 36 hours.  The unit was bought for hydro excavating holes for sign posts.  The current staff cannot justify the equipment with such limited usage.  If necessary, another unit or the rental of a machine would be utilized.  Two quotes were received for the purchase of the unit:  Freeborn County Highway Department, $32,000, and Vermeer Sales of Burnsville, MN for $25,000.  City staff is recommending to sell the equipment to Freeborn County for the price of $32,000.

Resolution 07-111 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 07-111 included with these minutes)

f.          RESOLUTION 07-112 – INTENT TO DEED OUTLOT E CHADWICK THIRD ADDITION TO FLYING J AND CALL A PUBLIC HEARING

City Manager Simonsen explained that pursuant to Resolution 07-35 the City of Albert Lea approved the preliminary and final plat of Chadwick Third Addition with the condition that Outlot E be deeded to Flying J for stormwater retention.  This resolution will call a public hearing for Monday, July 9, 2007 at 7:00 p.m. in the City Council Chambers to receive input on deeding Outlot E for the purposes of a regional stormwater retention pond.

Resolution 07-112 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 07-112 included with these minutes)

g.         RESOLUTION 07-113 – AUTHORIZING POLICIES AND PROCEDURES

City Manager Simonsen commented that this resolution would approve and adopt revisions to policies and procedures for the City of Albert Lea’s Personnel Manual.  Policies and Procedures regarding Respectful Workplace, Travel, and Firearms in the Workplace have been brought into compliance with current state laws and rules.  It is anticipated that additional policies will be presented in the near future.

Resolution 07-113 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 07-113 included with these minutes)

h.         RESOLUTION 07-114 – APPROVING LIMITED USE PERMIT WITH MNDOT – EDGEWATER BOAT LANDING

City Manager Simonsen explained that this resolution would approve a limited use permit with MnDot for the construction of a boat landing at Edgewater Bay.  The permit acknowledges that we are building in MnDot right‑of‑way, and if requested to do so, the City will remove the improvements within the provisions of the permit.

Resolution 07-114 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 07-114 included with these minutes)

i.          RESOLUTION 07-115 – APPOINTING CITY AGENT OF RECORD – STRONG INSURANCE

City Manager Simonsen explained that in order to participate in the League of Minnesota Cities Insurance Trust (LMCIT) property/casualty program the City of Albert Lea must use the services of an agent of record.  Strong Insurance Agency, Albert Lea, MN has agreed that they are willing to provide the services outlined in the resolution for a fee of $12,000 annually.  Some of the services that will be performed by the agent include:

  • Assisting the City with the annual renewal,
  • Evaluating coverage alternatives,
  • Assisting in submitting claims,
  • Review loss reports,
  • Identifying risk exposures,
  • Providing certificates of insurance as well as responding to questions and requests regarding the city’s insurance coverage.

This resolution would appoint Strong Insurance Agency as the City’s Agent of Record indefinitely until terminated or amended by Council action.

Resolution 07-115 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-115 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

  • Thank you to the Inspection Department for the quick follow up to the grass complaints.

Second Ward, Councilor Baker:

  • No Committee Updates.
  • Thank you to the Planning Commission and staff for an excellent tour of the city and encourage residents to sign up for the next tour.

Third Ward, Councilor Marin

  • None

Fourth Ward, Councilor Olson:

  • Concern regarding the fountain on the lake during windy days and it blows unto the houses on the north side of the lake.  Could the fountains should be turned off during this time?

Fifth Ward, Councilor Severtson:

  • Garbage behind Tiger City Sports.

Sixth Ward, Councilor Brooks:

  • 18012 Waldorf Road – driveway opening currently is 15 feet wide, would like it to be 22 feet at the curb.
  • Edina Street neighborhood block party – July 30th  4-8 p.m.

MOTION:  Move to have the street blocked off on Edina Street neighborhood block party on July 30th, 2007 from 4-8 p.m.

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.

  • Councilor Brooks explained as to why he voted nay authorizing the City Manager to be able to have signs removed.

Mayor Erdman:

  • Congratulated Lowell Doppelhammer on 28-1/2 years with the Albert Lea Fire Department.  A retirement party will be held on Thursday, June 28th, 1:30–4:00 p.m., lower level Multi Purpose Room at City Hall.
  • Retirement Reception for Paul Sparks.  After 26 years as City Manager of Albert Lea and serving as the Economic Development Director of ALEDA.  A reception will be held on Thursday, June 28th, 2007, 4:00 to 6:30 p.m. at the Elks Club.
  • Comprehensive Plan Kickoff to be held on Wednesday, June 27, 2007, 3:30 p.m. to 5:30 p.m., Freeborn Mower Coop., Community Room.
  • Thanked Chief Winkels and Police Department for the brochure regarding the Albert Lea Police Department Transition Update.
  • Thanked the Planning Commission and staff for the excellent tour, also to Rocky Trails and Trails Truck Stop for the excellent food and tour.
  • Recognized and thanked Major Bob and Margaret Miles for all of their hard work for the Salvation Army and helping people in need and wished them well on their move.
  • Heritage Preservation Committee meeting was held on June 21st.  They instructed the inspection department to tour downtown properties to take inventory and identify those buildings which need repair.  Staff should try to get financing to assist in the repair.

 

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

  • Bath Road interchange with Freeborn County.  Staff will continue to work on this item with the County through the Comprehensive Plan.
  • Alley between 1515 & 1519 Albert Lea Street – this alley has a very steep grade and washes away during heavy rains.  Last year a feasibility report was prepared and a neighborhood meeting was held to consider a concrete alley.  The neighborhood voted to not proceed with the project.  It will remain a gravel alley and repairs will be scheduled.
  • Sidewalk in front of 1411 E. Main has settled approximately two to three inches but is generally uniform and appears to be draining.  The sidewalk is approximately 60 years old and is no longer warranted by the city.  If the sidewalk were to be replaced, it would be the homeowner’s responsibility.
  • South Milo roadway is part of Stony Creek Estates and is a private roadway.  The owner is Albert Lea Properties, LLC, 3428 Lake Ridge Place N.W., Rochester, MN.  They have been contacted, but did not indicate whether or not they were going to make any repairs.
  • Regarding an emergency call and someone not knowing the location, the response time to this incident was acceptable, under four minutes.  If this should happen again, it should be reported immediately to the Police Chief and/or City Manager.

7.         PUBLIC FORUM

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

  • Concerns about the November 8th, 2001 meeting and there are no minutes of this meeting.  It stated that they changed the agenda and yet no minutes.
  • Concern about signs in the road right-of-way, such as Goodyear, Randy Kehr, Elks, K&K Bakery, Larson Mfg.
  • Boats and concrete pad are parked in the front yard.  This is not allowed.
  • Paul Sparks sold scale in 1997, what happened to that money?

Mr. Jerry Johnson, 211 E. Richway Drive stated the following:

  • Voiced his personal support for public forum and it should remain on the agenda.

Mr. George Gillespie, 327 Waite Place, stated the following:

  • Albert Lea should do a year-round rendezvous
  • Follow Silver Dollar City’s lead at the Blazing Star Landing.
  • Re-enactment of settlement of Minnesota.

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

  • Inquired about the number of sewer inspections done to date and what does it cost the homeowner if repairs have to be done? City Engineer Steve Jahnke responded.
  • Painting of the luminaries on Main Street.  City Engineer Steve Jahnke responded.
  • How many fire permits have been given out this year?
  • Handed out to the council a written request and procedures for fire restoration.

8.         ADJOURNMENT – 8:13 p.m.

Councilor Severtson moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 8:13 p.m., until the next regular meeting of the Albert Lea City Council on Monday, July 9, 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 26, 2007.

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

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