The August 13, 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 23, 2007.

*b.       RESOLUTION 07-138 - APPROVING CLAIMS:  Resolution 07-138 represents the financial claims of the City.

(See Secretary's Original Resolution
07-138 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

*d.       POST SIGNAGE CLOSING PARKING LOT AT CITY BEACH FROM 10:30 P.M.- 6:00 A.M. - APPROVED

*e.        CALL A PUBLIC HEARING FOR PARKING MAINTENANCE ASSESSMENTS, AUGUST 27, 2007, 7:00 P.M.

*f.        CALL A PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENTS, ROLL 0062, AUGUST 27, 2007, 7:00 P.M.

*g.       CALL A WORKSHOP WITH MIKE FLAHERTY, COALITION OF GREATER MINNESOTA CITIES (CGMC), AUGUST 23, 2007 AT 5:30 P.M.

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 FROM LIBRARY FOUNDATION TO ACCEPT DONATON TO UPGRADE STAFF WORKROOM EQUIPMENT

City Manager Simonsen explained that the Albert Lea Public Library Foundation is once again making a generous gift to the Albert Lea Public Library by donating furnishings to upgrade the staff workroom.  The Foundation wishes to donate to the City the component parts and installation of the work stations consisting primarily of desks, work surfaces, storage units, panels, hardware, etc. totaling more than $36,000 in value.  A letter from Grace Haukoos, Foundation Board Secretary, has been received requesting the Council’s acceptance of this gift.  The donation will provide a pleasant and more efficient work environment and continues to demonstrate a strong public-private partnership between the Albert Lea Public Library and the Library Foundation.

MOTION:  Move to accept the donation from the Library Foundation.

Motion was introduced by Councilor Baker, 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.

b.         REQUEST TO HOLD “DOGGIE DIP” – AQUATIC CENTER, AUGUST 26, 2007, 7:00 P.M.

City Manager Simonsen explained that the Park & Rec Department would like to host a “Doggie Dip” at the Aquatic Center on August 26, 2007 at 7:00 p.m.  The event would allow dogs and their owners to have the last swim in the city’s public pool prior to closing for the season.  However, City Code Section 14-37 states “no animal shall be permitted in the municipal bath house or within the confines of the municipal outdoor swimming pool”.  This request involves City Council waiving Section 14-37 for this event.

Motion:  Move to grant this request.

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

c.         REQUEST TO INSTALL “BLIND CHILD AT PLAY” SIGN – 819 1ST AVENUE SOUTH

City Manager Simonsen explained that the City staff has received a letter from the property owners of 819 1st Avenue South to have “Blind Child at Play” signs installed near their home.  City staff has reviewed the request and can support the installation of the signs on the street and in the alley near this location.

MOTION:  Move to grant this request.

Motion was introduced by Councilor Marin, seconded by Councilor Brrooks.  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 TO APPROVE SIGNAGE IN INDUSTRIAL PARK RIGHT‑OF‑WAY – ALBERT LEA ECONOMIC DEVELOPMENT AGENCY (ALEDA)

City Manager Simonsen stated that the Engineering Department has been working with the Albert Lea Economic Development Agency on the placement of signage in and near the Industrial Parks.  The majority of signs are replacing existing signs that are currently placed on either city property or city right‑of‑way.  City staff is supportive of working with ALEDA on location of signage throughout the Industrial Parks knowing that if the signs need to be removed at any time the Economic Development Agency would do so at their cost.

MOTION:  Move to grant this request.

Motion was introduced by Councilor Brooks, 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

a.         PROCEED WITH ORDER FOR REMOVAL OF 117 WEST COLLEGE - JUDITH MCKINNON

City Manager Simonsen noted that on June 25, 2007 Ms. Judith McKinnon was served an Order for Removal of a building located at 117 West College Street.  On July 15, 2007 Ms. McKinnon filed her answer to the Order for Removal appealing the Order for Removal based on the fact that a letter of intent was sent by the Green Institute to the City of Albert Lea to purchase and restore the building.  On July 23, 2007 Ms. McKinnon was notified by the building inspector that bricks were now falling from the front of building requiring additional protection and closing off the sidewalk in front of the building.

City staff talked with the Green Institute of the additional deterioration of the building and they are still interested in repairing this building.  They will be meeting this week and will contact the city in their decision.  They also stated that they would have someone at the site for repair within a 4‑week period.  Staff is requesting City Council direction to either file the matter in District Court and proceed with the Order for Removal or allow the building to continue in its current state until improved by the Green Institute.

Mr. Tony Magnotta, owner of Minnesota Abstract & Title Company, 115 West College, encouraged the Council to complete the demolition of this building as the bricks are falling off the front onto the sidewalk.

Ms. Judith McKinnon, 117 West College, requested that the Council not proceed with the Order for Removal and that she had secured the building as approved by the city inspectors.

MOTION:  Move to proceed with the Order for Removal of the building at 117 West College.

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, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

5.         NEW BUSINESS

a.         RESOLUTION 07-139 ADOPTED – APPROVING JOBZ BOUNDARY MODIFICATION – AGILIS CO.

City Manager Simonsen introduced Mr. Ed Tschida, Advance Resources, who stated that on August 31, 2004 the City of Albert Lea approved a Business Subsidy Agreement with Agilis Co. allowing them to enter the JOBZ program.  Agilis has remained an active program participant and is in compliance with all program requirements.  Agilis is located at 2380 Crossroad Blvd., Albert Lea, MN.  The company continues to expand and has undertaken renovation activities within its existing facilities.  However, continued growth requires them to seek additional space.  The option available to the company is to occupy an existing building located immediately across the street from its current operations.  This building is not located in a JOBZ Subzone.

The company is requesting the City complete a boundary modification to include this building in the JOBZ program.  The modification consists of an acreage swap from Subzone 9-C/Deed Subzone #No.175.  The donating property consists of Parcel 34-256-0480 being reduced on its westerly edge by 4.54 acres.  The receiving property is currently listed as Subzone 9-Q/Deed Subzone #No. 179.2 identified as Parcel 34-379-0060 consisting of an additional 4.54 acres.  Both the donating and receiving acreage are located within a developed industrial park on Lot 2, Block 2 Habben First Addition.  The location has full municipal services, public street access, and gas and electric utilities.  The parcels are zoned IDD Interstate Development District, which conforms to the company’s use of premises.  City staff supports the boundary modification as requested.

Resolution 07-139 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, Severtson, Brooks and Mayor Erdman.  Councilor Olson abstained. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution
07-139 included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 07-140 ADOPTED – AUTHORIZING BUSINESS SUBSIDIES TO AGILIS CO.

City Manager Simonsen introduced Mr. Ed Tschida, Advance Resources.  Mr. Tschida explained that a public hearing is being held this evening to receive input regarding the authorization of additional business subsidies to Agilis Co.  On August 31, 2004 the City of Albert Lea approved a business subsidy agreement with Agilis allowing them to enter the JOBZ Program.  At that time Agilis employed 3 fulltime and 20 part-time employees.  As of July 1, 2007 the company’s total employment was 82;  27 fulltime, 22 part-time, and 33 on-call staff.  The company is anticipating three additional fulltime and two additional part-time permanent employees with the expansion.

In 2004 it was estimated that the company would receive approximately $580,000 in JOBZ tax exemptions over the duration of the program.  The company estimates that it will receive approximately $136,000 additional property tax exemption as a result of the expansion.  The proposed company expansion has been reviewed and has been found to be in conformance with the business subsidy plan requirements.

Mayor Erdman opened the public hearing for this project and called three times for public comment.  No one came forward either for or against this project.  Mayor Erdman closed the public hearing.

Resolution 07-140 was introduced by Councilor Brooks, 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
07-140 included with these minutes)

c.         RESOLUTION 07-141 ADOPTED – AUTHORIZING OPTION EXTENSION - ASI

City Manager Simonsen explained that the on April 25, 2006 the City entered into a Purchase Option Agreement with Accessible Space, Inc. regarding a property located at Mill Street and Washington Avenue in Albert Lea.  On June 14, 2007, the purchaser exercised its option which required closing to occur within 60 days.  ASI is requesting an extension to the closing date in order for a plat of the property to be finalized.  The closing date shall occur no later than August 31, 2007.  City staff can support the option extension as identified.

Resolution 07-128 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
07-141 included with these minutes)

d.         RESOLUTION 07-142 ADOPTED – AWARDING BIDS FOR EDGEWATER BAY BOAT LANDING – JOB 0424

City Manager Simonsen explained that on August 8, 2007 bids were received, opened and tabulated for the joint MnDot, DNR, and the City of Albert Lea boat landing project to be completed at Edgewater Bay (Job 0424).  Bids for the 2007 Bituminous Contract No. 4 were received from Ulland Bros., Inc., Albert Lea, MN $101,119.28; Sorenson Bros., Inc., Albert Lea, MN $95,652.55; Sunram Construction, Inc., Corcoran, MN $120,727.48.  This resolution would accept the lowest responsible bid as submitted by Sorenson Bros., Inc. at a cost of $95,652.55.  DNR has also reviewed the bids and find the state’s portion to be within the cooperative agreement between the City and the State; therefore, approving the award as recommended.  The Engineer’s estimate on this job was $99,993.75.

Resolution 07-142 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
07-142 included with these minutes)

e.         RESOLUTION 07-143 ADOPTED – REQUESTING THE FREEBORN COUNTY FAIR BOARD TO CORRECT STORMWATER VIOLATIONS - FAIRGROUNDS

City Manager Simonsen stated that City staff is recommending that the City Council request the Freeborn County Fair Board and/or Freeborn County to correct the situation causing stormwater to enter the sanitary sewer system at the fairgrounds.  By city ordinance, discharging stormwater into the city sanitary system is prohibited.  The City has been working with the County since 2000 on a plan to eliminate this issue.  To date, only the inflow and infiltration study has been completed.  This resolution would authorize city staff to submit a letter of correction to the Freeborn County Fair Board and County Commissioners for the correction of the stormwater entering the city sanitary sewer system.

Resolution 07-143 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
07-143 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES

First Ward, Councilor Rasmussen:

• Requested that “dog under control” needs to be better defined in our City Code.
• Driving and use of cell phones: Do we want to take action on this item?
• Thank you for the showing of the Veteran’s Memorial.

Second Ward, Councilor Baker:

• Thank you to Chief Winkels and to all of the Police Officers for a wonderful job coordinating the community policing.
• Encourage residents/people to think twice before littering and throwing things out the window.

Third Ward, Councilor Marin

• Requested a report on the lighting on Melrose.
• Requested an update on Sunset.
• Thank you to everyone involved in Shinefest.  Thanked the Mayor for attending and stated that his father enjoyed visiting with the Mayor.
• Thank you to the Street Superintendent and the street crew for all of their hard work in setting up and taking down of signs, tables, etc.

Fourth Ward, Councilor Olson:

• Thank you to the Police Officers for doing an excellent job at the community meetings.
• Gave an update on Bridge Avenue Corridor meeting that was held.

Fifth Ward, Councilor Severtson:

• HRA has purchased an eight-plex in Glenville.
• Clarified the Order for Removal for August 29th – could be scheduled to be demolished on August 30, 2007.
• Delta Company from Kosovo will be coming home in a couple of weeks for five days right after Labor Day.  They will need financial donations; fish fry is scheduled for August 22, 2007 to raise money for transportation and helping the families, etc.

Sixth Ward, Councilor Brooks:

• Attended the Port Authority Meeting and authorized the request for Agilis and the sign for the Industrial Park areas.

Mayor Erdman:

• Human Rights Commission has scheduled an “Ethnic Day” at the Farmer’s Market with different types of foods for the different nationalities within our community and having a poster review.  They are applying for a grant.
• Thank you  to everyone who volunteered and helped in any way in Lake Clean-Up, Party for the Lakes, Relay for Life, Shinefest and any other activities that was held this past weekend.  Also, a thank you to the Police Department and the Street crews.
• Thank you to Dave Berggren, KAAL-TV Sports, for his excellent coverage of our local sports.  We wish him well as he begins his new position with FOX-TV.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:

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

• Tree on Burr Oak Drive has been inspected and is a healthy tree that is losing its pods.  The resident was told to contact the parks staff about the situation.
• Councilor Olson and Rasmussen are interested in serving on the Baseball Association as part of the Park and Rec. Board
• There has been no spraying of mosquitoes for the past two week because of the Freeborn County Fair and the Relay for Life.  We are now done spraying for the season.
• City staff can support the “No Parking” request on 9th Street between Frank Hall and Todd Avenue and a motion would be needed by the City Council.
• The roadway condition of 12th Street has had several watermain breaks on it over the years.  It is on the Capital Improvement Program, but not proposed for 2008.  The Street Department will be doing some repairs on the street this fall.
• Cato Drive roadway has been graded but not the entire right-of-way.
• The City of Albert Lea has one pending lawsuit, with resolution scheduled within the next couple of weeks.
• Expenditures for consulting fees:  In 2006, was approximately $223,000 with 55% assessable; 2007 to date: $165,000 with 33% assessable.
• Lift station by Darv Habben’s will be installed when it can be justified.
• Installation of “Watch for Children” signs on Virginia can be supported by staff, but needs Council action.
• Mowing of Morningside and I-35 is the responsibility of MnDot.
• Today, 433 sanitary sewer lateral inspections have been completed with only 10 failing.

7.         PUBLIC FORUM

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

• Inquired as to what happens to the water when the swimming pool is drained.
• Inquired as to why the evergreen trees were taken down around the swimming pool area.
• Stated that the city is way off on the consulting bills.  City Engineer could not answer any questions on Hatch Bridge.
• Stated that Cato Drive should be graded like any other city-owned road, there is a garden planted in the right-of-way, surrounded with a fence, and needs to be taken out.
• Requested copies of the expenditures for the new street lights.
• Requested the cost of the inspection services that has been done to date on the sewer lines.
• Requested time line for the demolition of the house on Blake.
• Inquired as to when the speaker system in the council chambers will be repaired.  No one can hear anything in the audience.
• Lift station out of town: that area was to be annexed to I-35, another development is going on out there and why are you letting them develop with septic system.
• Why is Tiger Hills not being mowed?  Diamond in the rough looks better now.
• What happened to the reimbursement of money from Tiger Hills and other money from the Port Authority?  Have we gotten any of that back?
• How much are we paying Dan Dorman?

Ms. Wendy Woodson, 1710 E. Hawthorne, stated the following:

• Requested consideration for boarding a horse at her residence.
• Requested permission to move a shed.
• Complained about harassment from the neighbor regarding her chickens and bonfires and what can be done about it.
• Asked where the chickens would be taken if they were taken to jail.

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

• That the minutes were incorrect about “dog feces” it was goose feces on the picnic tables.
• Requested specifications on the new lighting, from St. Thomas to NAPA store.  It is still dark out there.
• Inquired as to whether or not the staff could have gotten more funds for the lift station project when the project came in at $1,375,000.00 compared to $600,000.00.
• A question regarding the inspection of sanitary sewer lines and how many homes has the city inspected to date and at what cost?

8.         ADJOURNMENT – 7:58 p.m.

Councilor Olson moved and Councilor Severtson seconded, that there being no further business, the council meeting be adjourned at 7:58 p.m., until the next regular meeting of the Albert Lea City Council on Monday, August 27, 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 August 14, 2007.

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

2007 Archived minutes
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