The July 23, 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 JULY 9, 2007.
*b. RESOLUTION 07-125 – APPROVING CLAIMS: Resolution 07-125 represents the financial claims of the City.
(See Secretary's Original Resolution 07-125 included with these minutes.)
*c. APPROVAL OF LICENSES AND PERMITS:
ANNUAL LICENSES
2007-2008 ON-SALE INTOXICATING LIQUOR (expiring 8/31/08)
Applebee’sNeighborhood Grill & Bar 2740 No. Bridge Ave. Albert Lea, MN
Blue Dragon Properties, LLC 2301 E. Main Street Albert Lea, MN
Casa Zamora 2006 E. Main Street Albert Lea, MN
Crescendo 118 So. Broadway Albert Lea, MN
Chasers IV, LLC 1119 So. Broadway Albert Lea, MN
Eddie’s Bar 719 Marshall Albert Lea, MN
Green Mill Restaurant & Bar 2218 E. Main Street Albert Lea, MN
Green Lea Golf Course 101 W. Richway Drive Albert Lea, MN
Harold’s Bar 1318 E. Main Street Albert Lea, MN
Holiday Lanes 522 Prospect Avenue Albert Lea, MN
Nasty Habit 134 West William Albert Lea, MN
Plaza Morena 2588 No. Bridge Ave. Albert Lea, MN2007-2008 SUNDAY ON-SALE INTOXICATING LIQUOR (expiring 8/31/08)
Applebee’s Neighborhood Grill & Bar 2740 No. Bridge Avenue Albert Lea, MN
Blue Dragon Properties, LLC 2301 E. Main Street Albert Lea, MN
Casa Zamora 2006 E. Main Street Albert Lea, MN
Chasers IV, LLC 1119 So. Broadway Albert Lea, MN
Crescendo 118 So. Broadway Albert Lea, MN
Eagles Club 205 W. William Albert Lea, MN
Elks Club #813 1811 SE Broadway Ave. Albert Lea, MN
Green Lea Golf Course 101 W. Richway Drive Albert Lea, MN
Green Mill Restaurant & Bar 2218 E. Main Street Albert Lea, MN
Harold’s Bar 1318 E. Main Street Albert Lea, MN
Holiday Lanes 522 Prospect Avenue Albert Lea, MN
Moose Club 328 East Main Street Albert Lea, MN
Nasty Habit 134 West William Albert Lea, MN
Plaza Morena 2588 No. Bridge Ave. Albert Lea, MN
2007-2008 CLUB ON-SALE INTOXICATING LIQUOR (expiring 8/31/08)
American Legion 142 No. Broadway Albert Lea, MN
Eagles Club 205 W. William Albert Lea, MN
Elks Club #813 1811 SE Broadway Avenue Albert Lea, MN
Knights of Columbus 1002 So. Broadway Albert Lea, MN
Moose Club 328 Main Court Albert Lea, MN2007-2008 OFF-SALE INTOXICATING LIQUOR (expiring 8/31/08)
A-1 Liquor
Cheers Liquor 1617 West Main Street Albert Lea, MN
Fountain Warehouse Liquor 160 Bridge Avenue Albert Lea, MN
Liquor Depot 606 So. Broadway Albert Lea, MN2007-2008 WINE ON-SALE (expiring 8/31/08)
China Restaurant 805 East Main Street Albert Lea, MN
Turtle Dove Tea House & Gardens 510 West Main Street Albert Lea, MN3.2 MALT LIQUOR – OFF SALE
Elbow Room, The 310 – 8th Street Albert Lea, MN
Sportsman’s Tavern 216 East Clark Street Albert Lea, MN3.2 MALT LIQUOR – ON SALE
China Restaurant 805 East Main Street Albert Lea, MN
Elbow Room, The 310 – 8th Street Albert Lea, MN
Jake’s Pizza 126 West Clark Street Albert Lea, MN
Sportsman’s Tavern 216 East Clark Street Albert Lea, MN
Wok ‘n’ Roll 2344 Hendrickson Road Albert Lea, MN2 A.M. CLOSING
Chasers, Inc. 1119 South Broadway Albert Lea, MN
Eddie’s Bar & Lounge 719 Marshall Albert Lea, MN
Harold’s Bar 1318 E. Main Street Albert Lea, MN
Nasty Habit Bar & Grill 134 West William Street Albert Lea, MNARCADE AMUSEMENT
Wal-Mart Supercenter #1020 1550 Blake Avenue Albert Lea, MNBILLIARDS/POOL TABLES
AmericInn 811 Plaza Street Albert Lea, MN
Chasers IV, LLC 1119 So. Broadway Albert Lea, MN
Harold’s Bar 1318 E. Main Street Albert Lea, MN
Nasty Habit Bar & Grill 134 West William Street Albert Lea, MN
Sportsman’s Tavern 216 East Clark Street Albert Lea, MNBOWLING ALLEY
Holiday Lanes 522 Prospect Avenue Albert Lea, MNCABARET
American Legion 142 North Broadway Avenue Albert Lea, MN
Elks Club #813 1811 SE Broadway Avenue Albert Lea, MN
Knights of Columbus 1002 So. Broadway Avenue Albert Lea, MN
Nasty Habit Bar & Grill 134 West William Street Albert Lea, MNCIGARETTE
A-1 Liquor 701 South Broadway Albert Lea, MN
Book World 2510 No. Bridge Avenue Albert Lea, MN
Cheers Liquor 1617 West Main Street Albert Lea, MN
Fountain Warehouse Liquor 160 East Bridge Avenue Albert Lea, MN
Freeborn County Coop Oil Co. 1820 Margaretha Avenue Albert Lea, MN
Green Lea Golf Course 101 East Richway Drive Albert Lea, MN
HyVee Gas 2717 North Bridge Avenue Albert Lea, MN
Korner Mart, Main 901 West Main Street Albert Lea, MN
Korner Mart, Front 1311 West Front Street Albert Lea, MN
Kwik Trip #804 906 West Front Street Albert Lea, MN
Kwik Trip #805 1210 East Main Street Albert Lea, MN
Liquor Depot 606 So. Broadway Albert Lea, MN
Love’s Travel Stop #337 2751 East Main Street Albert Lea, MN
Mini Food Mart 201 East Front Street Albert Lea, MN
Moose Club 328 Main Court Albert Lea, MN
Nasty Habit Bar & Grill 134 West William Street Albert Lea, MN
Nelson’s County Market 1619 West Main Street Albert Lea, MN
Shell Food Mart, Bridge Avenue 116 Bridge Avenue Albert Lea, MN
Snyder Drug Store #5051 201 West Main Street Albert Lea, MN
Sportsman’s Tavern 216 East Clark Street Albert Lea, MN
Stop & Go 701 South Broadway Albert Lea, MN
Wal-Mart Supercenter #1020 1550 Blake Avenue Albert Lea, MNCONSUMPTION & DISPLAY
Cubby Hole, The 721 Marshall Albert Lea, MNFIREWORKS
HyVee Food Store #1019 2708 N. Bridge Ave. Albert Lea, MN
Melrose Pyrotechnics, Inc. 9405 River Rd. S.E. Clear Lake, MN
Sterling Drug #3 148 South Broadway Albert Lea, MN
TNT, Shopko 2610 N. Bridge Ave. Albert Lea, MN
TNT Fireworks, Wal-Mart 1550 Blake Ave. Albert Lea, MNMECHANICAL AMUSEMENT DEVICES – DISTRIBUTOR
D&R Star, Inc. 2207 Seventh Street NW Rochester, MN
Theisen Vending Company 2335 Nevada Avenue North Golden Valley, MNMECHANICAL AMUSEMENT DEVICES – OPERATOR
Blue Dragon Properties, LLC 2301 E. Main Street Albert Lea, MN
Eddie’s Bar & Lounge 719 Marshall Albert Lea, MN
Harold’s Bar 1318 E. Main Street Albert Lea, MN
Moose Club 328 East Main Street Albert Lea, MN
Nasty Habit Bar & grill 134 West William Street Albert Lea, MN
AmericInn 811 Plaza Street Albert Lea, MNPLUMBER
Albert Lea Mechanical, Inc. 905 East 13th Street Albert Lea, MN
Christenson Plumbing & Heating 312 West Front Street Albert Lea, MN
Dick’s Plumbing 1810 East Oakland Ave. Austin, MN
Glenville Plumbing & Heating 491 Center Avenue Glenville, MN
Geno’s Plumbing & Heating, LLC 220 Elizabeth Avenue Albert Lea, MN
HiMEC, Inc. 1400 – 7th Street NW Rochester, MN
Integrity Mechanical 1120 West 9th Street Albert Lea, MN
Jensen Heating & Air Conditioning, Inc. 104 Central Avenue No. Geneva, MN
Jim & Dude’s Plumbing & Heating, Inc. 724 West Clark Street Albert Lea, MN
Kelley Plumbing, Heating & Cooling 923 South Broadway Ave. Albert Lea, MN
Master Plumbing 71710 County Road 46 Albert Lea, MN
Mike Carstens Plumbing & Heating 16376 – 880th Avenue Glenville, MN
Plumbers Services 5012 Viola Rd. Rochester, MN
Schwickert’s 221 MN Street Mankato, MN
Superior Plumbing & Heating 1244 – 60th Avenue NW Rochester, MN
Voss Plumbing & Heating 316 East Hoffman Street Paynesville, MNREFUSE HAULER – COMMERCIAL
Frantum Sanitation 258 North Broadway Ave. Alden, MN
Thompson Sanitation 108 North Independence Ave. Clarks Grove, MN
Waste Management 25237 – 755th Avenue Clarks Grove, MN
REFUSE HAULER – INDUSTRIAL
Waste Management 25237 – 755th Avenue Clarks Grove, MNREFUSE HAULER – RESIDENTIAL
Thompson Sanitation 108 North Independence Ave. Clarks Grove, MN
Waste Management 25237 – 755th Avenue Clarks Grove, MNSIGN HANGER
Auto Artists Budget Signs 1409 Eberhart Street Albert Lea, MN
Fairmont Glass & Sign Products, Inc. 1240 Lake Avenue Fairmont, MN
Habben Properties, LLLP 2501 Crossroads Blvd. Albert Lea, MN
I-35 Outdoor Advertising 22967 Trailside Way Albert Lea, MN
Innovative Signs 1106 10 Drive SE Austin, MN
LaCrosse Sign Co., Inc. 1450 Oak Froest Dr. Onalaska, WI
Minnesota Building Contractors 80944 County Rd 46 Hayward, MN
Precision Signs 207 South Main Street Austin, MN
Pride Neon, Inc. 3010 West 10th Street Sioux Falls, SD
Roling Signs 4207 138th Avenue Sioux Rapids, IA
Universal Signs, Inc. 1033 Thomas Ave. St. Paul, MN
Waitt Outdoor, LLC 4725 F Street Omaha, NE 68124TATTOO ESTABLISHMENT
Everlasting Cosmetics, LLC 405 E. William Street Albert Lea, MNTATTOO ARTIST
Everlasting Cosmetics, LLC 405 E. William Street Albert Lea, MNTAXICAB
A Quality Cab 2001 East Main Street Albert Lea, MN
Albert Lea Taxi 1325 SE Broadway Albert Lea, MN
White Taxi 2018 Highland Avenue Albert Lea, MNTHEATRE
Cinema 7 Theatre 2510 North Bridge Avenue Albert Lea, MNTREE TRIMMER
Albert Lea Tree Service, Inc. 606 W. 9th Street Albert Lea, MN
Lawson Tree Service 202 Albert Street Albert Lea, MN
Mike Carstens Plumbing & Heating 16376 – 880th Avenue Glenville, MN
Peterson Business Group, Inc. 355 – 3rd Street SE Wells, MNWATER SOFTENER INSTALLER
Culligan 316 Main Court Albert Lea, MN
L&R Water-Craft Corporation P. O. Box 128 Wells, MN
MI Water Store 902 West Main Street Albert Lea, MN
TEMPORARY LICENSE(S) |
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OFF PREMISES LIQUOR |
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1. David Reiswitz, The Cubby Hole, 721 Marshall St., Albert Lea, MN for a dance at the National |
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2. David Reiswitz, The Cubby Hole, 721 Marshall St., Albert Lea, MN for a dance at the Fairlane |
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3. Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance at the Fairlane |
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Bldg., Freeborn County Fairgrounds on August 11, 2007. |
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4. Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance at the Fairlane |
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Bldg., Freeborn County Fairgrounds on August 16, 2007. |
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5. Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance at the National |
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Guard Armory on August 18, 2007. |
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6. Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance at the Fairlane |
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7. Dawn Malakowsky, d/b/a Aragon Bar, 130 W. College, Albert Lea, MN for a dance at the Fairlane |
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CABARET |
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1. Green Mill Restaurant & Bar d/b/a Shell Rock Food & Beverage, 2218 E. Main St., Albert Lea, MN |
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for the Lake Restoration Committee at Fountain Lake Gazebo on August 9, 2007. |
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2. Green Mill Restaurant & Bar, 2218 E. Main St., Albert Lea, MN for the Chamber of Commerce |
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After Hours, Bandshell at Edgewater Park on August 23, 2007. |
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DANCE |
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1. Maribel Pulido Bernal, 1216 James Ave., Albert Lea, MN for a dance at the National Guard |
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Armory on July 13, 2007. |
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2. Jesus Garcia, 802 Hawthorne St., Albert Lea, MN for a baptismal dance at the Fairlane Bldg., |
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Freeborn County Fairgrounds on July 21, 2007. |
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3. Dennis & Dori Klocek, 1112 Bridge Avenue, Albert Lea, MN for a dance at the Fairlane Bldg., |
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Freeborn County Fairgrounds on August 25, 2007. |
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4. Kelley R. Johnson & Shawn Jensen, 407 W. Main St., Albert Lea, MN for a dance at the Fairlane |
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Bldg., Freeborn County Fairgrounds on September 8, 2007. |
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RAFFLE |
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Freeborn County Pheasant & Habitat, Albert Lea, MN to hold a raffle at the Ramada Inn on |
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September 22, 2007. |
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Southern Gateway Chapter, MN Deer Hunters Association, to hold a raffle at the American Legion |
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on September 8, 2007. |
*d. INSTALL 2-HOUR PARKING SIGNS – N. E. WILLIAM & WASHINGTON - APPROVED
*e. CALL JOINT INFORMATIONAL MEETING WITH ALBERT LEA TOWNSHIP ON AUGUST 13, 2007, 6:30 P.M.
*f. CALL PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENTS, ROLL 0062, AUGUST 13, 7:00 P.M.
*g. CALL FOR A BUDGET MEETING ON AUGUST 16, 2007 AT 5:00 P.M., ROOM 213
*h. PREAGENDA MEETING ON SEPTEMBER 6, 2007 AT 5:30 P.M., ROOM 213
MOTION: Move to adopt the consent agenda as presented.
Councilor Marin 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-REQUESTS-COMMUNICATIONS
a. REQUEST TO WAIVE GAZEBO FEES - SHINEFEST
City Manager Simonsen explained that the sponsors of Shinefest are requesting the City Council consider waiving the fees for use of the gazebo at Fountain Lake Park on Wednesday, August 8th. The sponsors are coordinating a concert by Whistle Stop to play that evening during the Farmer’s Market activities and Destination Albert Lea will be serving dinner that evening. The value of the fee is $50.00.
MOTION: Move to grant the request.
Motion was introduced by Councilor Marin, 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.
b. REQUEST TO WAIVE EDGEWATER BANDSHELL FEES – “PRAISING IN THE PARK”
City Manager Simonsen explained that the City has received a request for use of the amphitheater at Edgewater Park on Saturday, August 18, 2007 for no fee. Approximately eight rural Southern Minnesota churches are gathering together to hold an event called “Praising in the Park”. The event is scheduled from 12:00 p.m. to 3:30 p.m. including setup and breakdown times. The value of this request is $100.00.
MOTION: Move to grant this 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 STREET CLOSURE FOR NEIGHBORHOOD EVENT – WILBY ROAD
City Manager Simonsen explained that the City received a request from the homeowners of the Pelican Bay Association for their 25th Annual Picnic and are requesting a section of Wilby Road be blocked during the event. The neighborhood is requesting that the entrance to Wilby Road be blocked on both ends in order to have a neighborhood block party at 12:15 p.m. on August 12th. City staff would provide the barricades for the event and they would be removed to the side of the road by the neighborhood residents.
MOTION: Move to grant this request.
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.
d. REQUEST FOR USE OF FREEBORN BANK BUILDING – LAKES RESTORATION COMMITTEE
City Manager Simonsen explained that the city has received a request from the Lakes Restoration Committee for the use of the Freeborn Bank Building in case of rain on August 11, 2007.
MOTION: Move to grant this request.
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.
e. REQUEST FROM AMERICAN LEGION REGARDING THE CLOSING OF BROADWAY AND WATER STREET FOR AUGUST 10, 2007
Mr. Gary Anderson, 1704 Plainview, requested that the city allow the north end of Broadway and Water Street to be closed for the viewing of the monument commemorating Minnesota’s soldiers who gave their lives in the Global War on Terror. The Legion is requesting this closure on August 10, 2007 from 3:30 to 7:00 p.m.
MOTION: Move to grant this request subject to city staff’s recommendations.
Motion was introduced by Councilor Marin, 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.
4. UNFINISHED BUSINESS
a. INTRODUCTORY ORDINANCE REZONING 1321 S. 4TH AVENUE FROM 1-2 TO R-1
City Manager Simonsen explained that the City Council requested the Planning Commission to review the zoning at 1321 S. 4th Avenue South. The current zoning is I-2 Industrial and the zoning under consideration is R-1 Single Family. The site is located on the east side of 4th Avenue South adjacent to an inactive railroad on the south side and single family homes on the north. The site is triangular with the south side following the railroad. Property on the west side of 4th Avenue South is zoned I-2 Industrial and is part of Alamco. The site is 1.83 acres in size. The Planning Commission reviewed the request and voted to table the item until the city’s comprehensive plan is completed. During the public hearing, the change from I-2 to R-1 was opposed by Alamco and the Port Authority and was supported by the property owner.
The City Council now has the following options:
1. Since the Council was the applicant, they can disagree with the Planning Commission and complete the action within 60 days.
2. The Council can reject the Planning Commission’s actions, let the 60 days pass and the request would be approved by default.
3. The Council can accept the Planning Commission’s recommendation tabling action until the comprehensive plan is complete.
4. The City Council would take no further action.City staff supports the recommendation of the Planning Commission until further consideration of the location can be made through the comprehensive plan.
MOTION: Move to adopt Introductory Ordinance.
Motion to introduce the Ordinance was made by Councilor Marin, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Councilors Marin, Severtson, Brooks and Mayor Erdman. Nays: Councilors Rasmussen, Baker and Olson. Mayor Erdman declared the introduction of the Ordinance for rezoning failed.
5. NEW BUSINESS
a. RESOLUTION 07-126 ADOPTED – AUTHORIZING EAW FOR WEDGEWOOD COVE – JOB 0625
City Manager Simonsen explained that the developers of Wedgewood Cove have submitted an Environmental Assessment Worksheet for the proposed golf course/residential development. The City Engineer reviews the Environmental Assessment Worksheet and the City Council must approve it for distribution. This resolution would approve distribution of the EAW to the appropriate parties and issue a press release of its availability. It will then be submitted to the Environmental Quality Board for publication and comment. At the end of the thirty day comment period it will be determined if an environmental impact statement is needed and Council will need to pass a resolution approving of the decision. Wedgewood Cove is submitting an application for a project consisting of 252 acres of farmland to be developed into a residential planned unit development and an 18-hole golf course. The development will consist of 151 lots averaging 12,437 sq ft in size.
Resolution 07-126 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, Severtson, Brooks and Mayor Erdman. Councilor Olson abstained. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-126 included with these minutes)
b. RESOLUTION 07-127 ADOPTED – APPROVING PRELIMINARY AND FINAL FLAT OF SUBDIVISION – WAL-MART ALBERT LEA ADDITION
City Manager Simonsen reported that on Tuesday, July 17th the Planning Commission recommended approval of the preliminary and final plat of Wal-Mart Albert Lea Addition. This includes the condition that a permanent cross‑easement agreement shall be provided to the City prior to the final approval of the plat to provide access to Lot 2, Block 1 through Lot 1, and Block 1. The purpose of the plat is to create a marketable lot separate from the Wal-Mart site. The new lot could also be combined with the vacant lot on the corner of Blake Avenue and Hendrickson Street to create a site for a commercial development. The stormwater pond on the south side of Wal-Mart was designed to serve the entire subdivision and no additional ponds will be required to develop these lots. City staff can support the subdivision as proposed.
Resolution 07-127 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 07-127 included with these minutes)
c. RESOLUTION 07-128 ADOPTED – AUTHORIZING NEGOTIATIONS WITH THE CITY OF MANCHESTER TO PROVIDE WASTEWATER COLLECTION AND TREATMENT
City Manager Simonsen explained that the City of Manchester, located 4 miles northwest of Albert Lea, currently has no municipal wastewater treatment system. The city has worked with several agencies to try to resolve this issue and recently received an engineering report identifying that regionalization with the City of Albert Lea is a feasible and cost effective option. The project would entail collecting wastewater from the City of Manchester and pumping it to Albert Lea for treatment. At the Manchester City Council meeting on July 15, 2007 the City formally adopted a resolution to work with the City of Albert Lea to negotiate an agreement for wastewater treatment. This resolution would authorize city staff to meet with representatives of the City of Manchester to negotiate an agreement to provide wastewater collection and treatment for their community.
Resolution 07-128 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 07-128 included with these minutes)
d. RESOLUTION 07-129 ADOPTED – AWARDING BIDS FOR 8TH AVENUE LIFT STATION – JOB 0519
City Manager Simonsen noted that bids for the construction of the North 8th Avenue stormwater pumping station and forcemain, Job 0519, were opened on July 18, 2007. Six bids were received for the project ranging in cost from $1,393,059.50 to $1,707,665. City staff and engineers from Zenk, Read & Trygstad have determined that Sorenson Bros., Inc., Albert Lea, should be awarded the lowest responsible bidder at a cost of $1,393,059.50. The City submitted this project as part of the state bonding bill application in 2006 with $375,000 construction costs to be funded by the state. In August 2006, ZRT had estimated the cost of constructing the new lift station and forcemain to be $592,500. The most recent engineer’s estimate was $1,242,600. The significant gap between original estimates and the final bids is due to several factors including:
- Larger pumps than originally assumed;
- Larger diameter forcemain than originally assumed;
- More storm sewer modifications than originally estimated;
- Larger starters and increased electrical costs;
- Increases in material costs for steel, concrete, pumps, etc.
- Increased labor costs of $12.00 to $14.00 per hour based on prevailing wage.
Resolution 07-129 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 07-129 included with these minutes)
e. RESOLUTION 07-130 ADOPTED – AWARDING BIDS FOR CRACK SEALING AT THE AIRPORT – JOB 0704
City Manager Simonsen noted that the bids for the 2007 Airport crack sealing project were opened and reviewed this week. The project includes routing and sealing of existing cracks in the bituminous runway and taxiway pavement surfaces. Similar crack sealing was completed in 2001. A total of five bids were received ranging from $17,077 to $28,650. The project is being funded partially by the Minnesota Department of Transportation Office of Aeronautics at a 95% federal and 5% city arrangement. City staff is recommending the low bid of $17,070 as submitted by Fahrner Asphalt Sealers, LLC of Plover, WI.
Resolution 07-130 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 07-130 included with these minutes)
f. RESOLUTION 07-131 ADOPTED – DECLINING ACQUISITION OF TAX FORFEITED PROPERTIES & REINSTATING ASSESSMENTS
City Manager Simonsen explained that the City of Albert Lea has been notified of three parcels that have been forfeited to the State of Minnesota for nonpayment of property taxes. Minnesota Statute requires that the City approve the parcels for public auction or request that they be conveyed to the City for public use. Upon review of the properties, it is recommended that the parcels be approved for public auction.
Furthermore, three of the properties have unpaid assessments against them which will be cancelled if they are not reinstated by council resolution. This resolution would decline the offer to acquire the property, but request that the assessments to be reinstated as they are currently outstanding on each parcel. The properties are described on the resolution.
Resolution 07-131 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 07-131 included with these minutes)
g. RESOLUTION 07-132 ADOPTED – AUTHORIZING THE TRANSFER FROM TAX INCREMENT FUNDS, GENERAL FUND AND PARKING FUND
City Manager Simonsen stated that this resolution would authorize transfers from TIF Districts, general fund and the parking fund as outlined in the resolution to the appropriate fund for repayment of advances/interests or the developer as appropriate.
Resolution 07-132 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 07-132 included with these minutes)
h. RESOLUTION 07-133 ADOPTED – ADOPTING THE CIVIL RIGHTS CERTIFICATION FOR THE CITY OF ALBERT LEA
City Manager Simonsen explained that the Housing Redevelopment Authority is requesting the City Council to pass a resolution authorizing civil rights certification by the City of Albert Lea. The certification is a requirement of the Small Cities Development Grant that was recently awarded to the City and Housing Redevelopment Authority for redevelopment of existing housing in the southeast section of the community. The certification identifies that the City prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations.
Resolution 07-133 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 07-133 included with these minutes)
i. RESOLUTION 07-134 ADOPTED – AUTHORIZING 2007 DEER HUNT
City Manager Simonsen explained that this resolution would authorize a limited deer management hunt using bow and arrow on the former city landfill area and portions of the airport beginning September 15 and ending December 31, 2007. Due to the growing deer population in the area the City promotes this hunt as a population control mechanism. Applications will be accepted with a $5.00 entry fee a week before hunting season with a drawing to be held and forty names to be selected to hunt. This is the tenth year that the City has allowed archery hunting in designated green spaces. Public notice will be given to local media prior to the event.
Resolution 07-134 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 07-134 included with these minutes)
j. RESOLUTION 07-135 ADOPTED – AMENDING DEVELOPMENT AGREEMENT – MUSKIE REALTY/MIDWEST LLC
City Manager Simonsen explained that in December 2006 the City entered into a development agreement with Mr. Tom Wobbrock, Muskie Development/Midwest LLC, for a project known as Parkview Hills Subdivision. Article 2.6 of that agreement identifies that the developer will submit a letter of credit in the amount of $150,000 for the developer’s site work. The developer is requesting that this paragraph be amended to include the developer will submit $150,000 cash to the City. City staff has reviewed the request and can support it as outlined in the resolution.
Resolution 07-135 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 07-135 included with these minutes)
k. RESOLUTION 07-136 ADOPTED – AUTHORIZING SUBMITTAL OF REDEVELOPMENT GRANT APPLICATION – PARKING RAMP
City Manager Simonsen stated that this resolution would authorize the City of Albert Leas to apply for a Redevelopment Grant for a proposed parking ramp located behind the Freeborn Bank Building.
Resolution 07-136 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
07-136 included with these minutes)l. RESOLUTION 07-137 ADOPTED – AUTHORIZING SUBMITTAL OF REDEVELOPMENT GRANT APPLICATION – ACQUISTION OF PROPERTY LOCATED AT 804 E. MAIN STREET
City Manager Simonsen remarked that this resolution would authorize the City of Albert Lea to apply for a Redevelopment Grant for acquisition and demolition of property located at 804 E. Main Street.
Resolution 07-137 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 07-137 included with these minutes)
6. MAYOR AND COUNCIL ITEMS
a. MAYOR/WARD AND COMMITTEE UPDATES
First Ward, Councilor Rasmussen:
- Tree located at 321 Burr Oak Drive is very messy and needs to be addressed.
- Little league baseball fields.
MOTION: Move to direct staff to research the idea of building little league baseball fields and that two councilmembers be appointed to this group.
Motion was introduced by Councilor Rasmussen, 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.
Second Ward, Councilor Baker:
- Farmer’s Market needs trash cans by the green utility box and at the gazebo on August 9th.
- Planning Commission rezoning and Parkview Hills garages.
- Heritage Preservation Committee Meeting – did not attend.
Third Ward, Councilor Marin
- No Ward items.
- CVB Meeting was excellent.
Fourth Ward, Councilor Olson:
- No Ward items
- Parks are looking very clean and thanked the park and recreational staff for their hard work and to the residents for cleaning up after themselves in the parks.
Fifth Ward, Councilor Severtson:
- No Committee items
- How long will the city be spraying for mosquitoes?
Sixth Ward, Councilor Brooks:
- 2610 Rooster Hill Drive – long grass, needs to be mowed.
- 9th between Frank & Todd – no parking should be allowed on 9th as the garbage trucks cannot turn.
- 12th Street – down by UPS – no road left.
- Need trash can at Memorial Park by new shelter.
- Myers Road – need to be placed on the priority list for construction.
- Questioned as to why the barricades are placed so far up on Fountain during road closures?
Mayor Erdman:
- Thanked Mr. Harley Miller for all of his years of service.
- Congratulated Councilor Olson on his 33rd birthday.
b. CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
- “No Parking” signs will be placed on West William & Washington
- Building next to the Sportsmen’s Bar was inspected and the foul odor is from the mold in the building.
- There is no time limit for bonfires within city limits.
- Concern about the depth of the gabion baskets on Katherine Island has been considered and will be taken into account at the time of dredging.
- Cato Drive does not need to be graded at this time.
- Chickens are in compliance per city code.
7. PUBLIC FORUM
Mr. Roger Bok, 1012 Cato Drive, stated the following:
- Concerns about the condition of Cato Drive and stated that he is a taxpayer and should have the road graded to the full width.
- What is the city doing about the chicken manure?
- How many lawsuits does the city have pending against them?
- What is the cost, how was the cost assessed, and why was there a cost overrun on the East Main Lighting Project?
- Blazing Star Landing – Why is this not mowed?
- Governor should be worried about the landfill
- Lift station by Darv Habben was supposed to have been installed in 2001
- Garfield and Main stop lights still not fixed.
- No one takes any pride in their work.
Mr. Rick Reynolds, 1207 Virginia, stated the following:
- “Watch for Children” signs need to be installed by new playground.
Mr. Terry Smith, 2221 Bridge, stated the following:
- Owner/operator (semi tractor) being regulated on his own property.
- Requested that he has the same consideration as RV’s and motor homes, etc regarding parking on his own property.
Mr. Manuel Cantu Jr., 113 McArthur Drive, stated the following:
- Who is responsible for mowing Morningside to I-35?
- What is the cost of the East Main Lighting Project?
- Dog feces on tables at Frank Hall Park.
- What is the status of the tile inspection project?
- Why has the 8th Avenue project been put off for so long if it has been a problem for years?
Mr. John Forman, 2404 Island Cove Drive, stated the following:
- Regarding the proposed rezoning, all of the questions asked tonight were answered at the Planning Commission Meeting.
- City Council should follow the recommendation of its commissioners.
- In 1952 Alamco built their building and there were no homes in sight. It should not be rezoned to residential.
8. ADJOURNMENT – 8:20 p.m.
Councilor Olson moved and Councilor Severtson seconded, that there being no further business, the council meeting be adjourned at 8:20 p.m., until the next regular meeting of the Albert Lea City Council on Monday, August 13, 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 July 24, 2007.
/s/ Shirley Slater-Schulte /s/ Randall Erdman
Secretary of the Council Mayor Randall Erdman