The July 9, 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 25, 2007.

*b.       RESOLUTION 07-116 – APPROVING CLAIMS:  Resolution 07-116 represents the financial claims of the City.

(See Secretary's Original Resolution 07-116 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

MOTION:  Move to adopt the consent agenda as presented.

Councilor Baker 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 STREET CLOSURES FOR KIDDIE PARADE – JULY 12, 2007

City Manager Simonsen explained that the City of Albert Lea Park & Recreation Department, in conjunction with the Downtown Association, would like to host a Kiddie Parade on Thursday, July 12th at 12:30 p.m. during the Crazy Days event downtown.  The parade route has been reviewed with the Chief of Police and a parade permit will be issued following Council’s permission to hold the event.

MOTION:  Move to grant the request.

Motion was introduced by Councilor Marin, 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 EXTENSION OF SEWER INSTALLATION DEADLINE – GOVERNMENT ACRES

City Manager Simonsen explained that the in July 2005 the City Council passed Resolution 05-142 requiring residents of Government Acres to connect to City sewer and water by July 25, 2007.  Currently, eight out of the fifteen residents have not connected to city services.  Several residents of 775th Avenue are now requesting an extension until September 30, 2007. The reason for the request is because the residents believe the ditch where the lines will be installed will be drier in the fall and easier to install.  City staff has reviewed the request and would not object to the extension.  However, it is recommended that the resolution include language outlining the penalties up to and including misdemeanor charges for failure to hook up by this date.

Mr. Roger Bok, 1012 Cato Drive, stated that we have done this differently for several different properties, so why are we imposing penalties and this was not before the city council for a public hearing.  City Manager Simonsen stated that a public hearing and resolution was passed in 2005 stating that these residences had two years to hook up to the sewer system.

MOTION:  Move to grant this request subject to all penalties if the property owners fail to comply by September 30, 2007.

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.

c.         REQUEST FROM GLOBAL ENERGY SYSTEMS FOR HIGH-LEVEL RESCUE

City Manager Simonsen explained that the City has received a request from Global Energy Systems to enter into negotiations with the Albert Lea Fire Department to provide high-level rescue services during the installation of wind turbine units in the area.  The City currently has staff trained in high-level rescue, but this arrangement could provide additional training for other firefighters to obtain training, as well as acquisition of necessary equipment for the department.  If Council authorizes staff to proceed with negotiating a contract with Global Energy Systems, a formal resolution will outline the details of the agreement and the benefits to the City.

MOTION:  Move to start negotiations with Global Energy Systems.

Motion was introduced by Councilor Marin, seconded by Councilor Rasmussen.  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 FROM SUNSET SADDLE CLUB TO EXTEND HOURS

City Manager Simonsen explained that a request for extension of noise ordinance hours to exceed 11:00 p.m. for performances at the fairgrounds by the Sunset Saddle Club for July 13th and August 1st, 2007.

MOTION:  Move to grant an extension to the Sunset Saddle Club.

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.

4.         UNFINISHED BUSINESS

a.         PUBLIC HEARING AND RESOLUTION DEDICATING OUTLOT E – FLYING J

City Manager Simonsen explained that this public hearing is being held to receive input on deeding Outlot E of the Chadwick Marketplace Third Addition to Flying J for the purposes of a regional storm water retention pond.  In Resolution 07-35 the City approved the preliminary and final plat of Chadwick Marketplace Third Addition and authorized deeding Outlot E pursuant to the public hearing.

Mayor Erdman opened the public hearing.  Mayor Erdman called three times and no one came forward.  The public hearing was closed.

Resolution 07-117 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 07-117 included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 07-118– AUTHORIZING THE SALE OF REAL ESTATE

City Manager Simonsen explained that this public hearing is being held to receive input regarding the sale of six lots sold at the city auction.  Pursuant to Charter Provision 12.05 the sale of real property must involve a published notice of a public hearing before the City Council prior to adopting by resolution.  This public hearing would hear input regarding the sale of property as advertised and included in the resolution.

Following the public hearing a resolution to accept the sale of real estate as bid upon at public auction is necessary as well as authorization to quit claim deed the properties to the new owners.

Mayor Erdman opened the public hearing.  Mayor Erdman called three times and no one came forward.  The public hearing was closed.

Resolution 07-118 was introduced by Councilor Brooks, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-118 included with these minutes)

5.         NEW BUSINESS

a.         RESOLUTION 07-119 – CALLING FOR A PUBLIC HEARING FOR JOBZ SUBSIDIES – AGILIS CO.

City Manager Simonsen explained that AGILIS Co., an existing JOBZ benefactor, is requesting that the City of Albert Lea hold a public hearing on August 13, 2007 at 7:00 p.m. in the City Council Chambers in order to modify and/or increase its JOBZ tax exemptions.  In 2004, the City of Albert Lea approved a Business Subsidy Agreement with AGILIS Co., which allowed them to enter the JOBZ program.  AGILIS has remained an active program participant and is in compliance with all program requirements.  The company continues to expand and is seeking additional space.  The company is further requesting that the city complete a boundary modification to include a building across the street from its existing operations to be part of the JOBZ program.

Resolution 07-119 was introduced by Councilor Marin, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-119 included with these minutes)

b.         RESOLUTION 07-120 – AUTHORIZING ACQUISITION OF PROPOSED 8TH AVENUE STORMLIFT STATION SITE EASEMENT

City Manager Simonsen explained that as part of the 8th Avenue storm lift station reconstruction project, easements from the Albert Lea Medical Center are needed.  The easements are adjacent to the existing storm lift station as well as on the east side of Fountain Street near the former clinic and Red Cross property.  The Albert Lea Medical Center has agreed to provide the public utility easement to the City of Albert Lea.  This resolution would allow the City to accept the easement so the project can proceed.  The 8th Avenue storm lift station project has been advertised and the bid opening is scheduled for July 18, 2007.  It is anticipated the project will be completed yet this calendar year.

Resolution 07-120 was introduced by Councilor Baker, 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 07-120 included with these minutes)

c.         RESOLUTION 07-121 – ACCEPTING BID AND AWARDING CONTRACT FOR 2007 KATHERINE ISLAND STABILIZATION AND PEDESTRIAN BRIDGE – JOB 0507

City Manager Simonsen explained that bids for the island stabilization, shoreline restoration and the replacement of the bridge on Katherine Island were opened on Friday, June 29th, 2007.  The project involves removing the existing bridge and replacing it with a 92 foot long and 6 foot wide bridge and reconstruction of the shoreline using gabion baskets and a concrete cap.  The project plans and specifications were prepared by Yaggy Colby Associates, Inc. from Rochester, Minnesota.  The engineer’s estimate on the project was $338,390.50.  A total of four bids were received on the project:

                              Sunram Construction                                   $241,326.44
                              Corcoran, MN
                              Minnowa Construction                                 $266,225.00
                              Harmony, MN
                              Construction Services Inc. of Duluth         $292,105.00
                              Duluth, MN
                              Duininck Bros, Inc.                                       $438,066.00
                              Prinsburg, MN

City staff budgeted $220,000 for the Katherine Island stabilization and bridge replacement.  Staff recommend the low bid of $241,326.44 as submitted from Sunram Construction of Corcoran, Minnesota be accepted as submitted.

Mr. Dave Mullenbach, 322 Lloyd Place, stated that he would encourage all councilors to support this project, that in talking with many visitors and residents, all comments are made as to what a nice addition this area is to our city.

Resolution 07-121 was introduced by Councilor Marin, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-121 included with these minutes)

d.         RESOLUTION 07-122 – ACCEPTING BID AND AWARDING CONTRACT FOR 2007 SANITARY SEWER LIFT STATION CONTRACT NO. 1 AT PEARL STREET AND ELIZABETH AVENUE – JOB 0313

City Manager Simonsen explained that this project involves the replacement of the sanitary sewer lift station at Pearl Street and Elizabeth Avenue as well as watermain and pavement replacement on these streets.  Two bids were received for the project:  Sorenson Bros., Inc., Albert Lea, MN $294,746.90 and Heselton Construction, Faribault, MN $430,263.80.  City staff recommends accepting the low bid as submitted by Sorenson Bros.  The engineer’s estimate was $322,396.  The project is anticipated to be paid for through state bonding funds, city allocation and approximately 10% to adjacent benefiting properties.

Resolution 07-122 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, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-122 included with these minutes)

e.         RESOLUTION 07-123 – ACCEPTING FAA FUNDING FROM CITY OF WADENA, MINNESOTA

City Manager Simonsen explained that the City of Wadena has $150,000 of Federal Aviation Administration funds which they will lose if they do not utilize by the end of 2007.  They have recently upgraded their airport and did not have projects scheduled at the current time.  Wadena is proposing to transfer the $150,000 to the City of Albert Lea federal account.  The City of Albert Lea would then pay Wadena back in 2010 if and only if the City continues to receive federal funding at that time.  The $150,000 would allow the City of Albert Lea to start the redesigning of Plaza Street and complete the wetland mitigation for the proposed runway extension.  City staff has discussed the proposal with the airport consultants and are recommending that we enter into an agreement with the City of Wadena to accept the $150,000 payment which will be returned only if the City receives its federal funding as planned in 2010.

Resolution 07-123 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 07-123 included with these minutes)

f.          RESOLUTION 07-124 – SETTING ASSESSMENT INTEREST RATE

City Manager Simonsen explained that following each bond issue the City Council sets an interest rate to be charged for assessments following the issuance of that bond.  The latest bond issue indicated that the true interest rate for the assessment fund debt would be 4.21%.  The city’s bond counsel, Kennedy & Graven, recommend that the City pass along these savings to its residents for future assessment projects at a slightly higher rate to reflect any losses incurred by the City in past debt through early assessment payoffs.  This resolution would establish the current interest rate to be 6% effective upon passage of the resolution and to remain in effect until amended by future resolution.

Resolution 07-124 was introduced by Councilor Baker, 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 07-124 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Reported that the Port Authority has signed the agreement for Mr. Dan Dorman as the new director and welcomed him.

MOTION:  Move to authorize the treatment of the lake with copper sulphate and request the Watershed to participate in the cost.

Motion was introduced by Councilor Rasmussen, seconded by Councilor Marin.

Mr. Dave Mullenbach questioned as to why the city would add more pollution to the lake, when really nothing is harmful about the water.

Mr. Brett Behnke, Shell Rock River Watershed Commission, stated that he had visited with board members along with the City Manager and Mayor and that this treatment would only be a temporary and cosmetic treatment.  The Watershed is working on other options, but if the city decided to treat it the watershed would support it.

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:

• No Committee Updates.
• Ward Item – Staff to review and replace the 2-hour parking sign on West William and Washington in front of Total Choice Shipping.

Third Ward, Councilor Marin

• No Ward Items.
• CVB new Director is working out very well.

Fourth Ward, Councilor Olson:

• No Ward Items.
• No committee updates.

Fifth Ward, Councilor Severtson:

• HRA is working with the County on purchasing a site in Glenville.
• Railroad crossings now have barricade, staff to check on the “no whistles zone” through town.
• Staff to check on foul odor coming from building next to Sportsmen’s Bar.
• Comments on the July 4th stated that the Color Guard should always be first before any other units.

Sixth Ward, Councilor Brooks:

• No Ward Items.
• No committee updates.

Mayor Erdman:

• Requested that the spraying schedule for mosquitoes be posted on Government Channel.
• Gas on the Lake is open every Saturday and Sunday from 1:00-5:00 p.m. and will accept cash and credit cards.
• Thank you to the community for donating for the fireworks, which were the best ever and also a thank you to KATE Radio and Darrel Amundson for all of their support in advertising free for this event.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:

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

• Railroad must continue to blow the whistles since we do not have concrete barriers.
• Temporary signs have been removed out of the right-of-way, but permanent signs have not been tagged at this time.

7.         PUBLIC FORUM

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

• Concerns about the microphone system at city hall and that it is still not working.
• Blake Avenue, trip signal needs to be fixed.
• Lake is green, septic systems are running into the lake along with the dump, why are people swimming in the lake.  Why is this stuff not taken care?
• Waldorf Road, get a map and see what needs to be done.  It should not be up to the City Manager, City Engineer and one councilor to decide on these items.
• Why has Cato Drive not been graded for over a year?  Neighbors have planted garden, placed rocks and spread oil on the road and nothing is done.
• Chickens are back and why is that?
• What are the hours for bonfires?

Mr. Dave Mullenbach, 322 Lloyd Place, stated that he would encourage the City Council to continue having public forum on the agenda and not to let a few individuals ruin it for the rest of the community.

8.         ADJOURNMENT – 7:50 p.m.

Councilor Severtson moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 7:50 p.m., until the next regular meeting of the Albert Lea City Council on Monday, July 23, 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 10, 2007.

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

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