Albert Lea, MN

August 22

Pastor John Henriksen, Grace Lutheran Church, offered a prayer.

The 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 Pro Tempore Al Brooks.

Present were Councilors Vern Rasmussen, Randy Erdman, Jeff Fjelstad, George Marin, John Severtson and Mayor Pro Tempore Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, KIMT-TV, KTTC-TV AND KAAL-TV.

The Pledge of Allegiance was recited.

City Clerk Sandi Behrens gave the oath of office to the incoming Mayor Aaron Summers.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF AUGUST 8, 2005.

 

(b) LICENSES APPROVED:

 

TEMPORARY LICENSES

 

OFF-PREMISES LIQUOR SALES

Aragon Bar, 130 West College, for the Albert Lea Lakes Restoration Committee at the City Arena on August 25, 2005

PUBLIC DANCE

Mrs. Bruce Emerson, 1909 Keystone Drive, for a wedding dance at the Freeborn County Fairgrounds on September 17, 2005

(c) RESOLUTION 05-152 ADOPTED – CLAIMS: Resolution 05-152 presents the financial claims of the City.

(See Secretary's Original Resolution

05-152 included with these minutes.)

Councilor Brooks moved, Councilor Severtson seconded, that the consent agenda items be adopted. After Council discussion and on roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the consent agenda items adopted.

Pursuant to Council request, City Attorney Steve Schwab researched the legality of the motion passed at the last meeting which stated that Roger Bok cannot address the Council at any future meetings unless he first apologizes. He cited the three options available to the Council and proceeded to explain each option.

The first option is to enforce the motion. After discussions with the attorney for the Minnesota Civil Liberties Union, he has no doubt that the MCLU will file a lawsuit in Federal Court. He therefore doesn’t recommend this option.

The second option is a civil lawsuit. The civil lawsuit would be one for slander and defamation. Any member of the City Council could initiate a lawsuit if slandered or defamed. He noted that these types of lawsuits can be fairly lengthy and somewhat costly.

The third option is criminal charges. A charge of disorderly conduct could be brought against an individual under Minnesota Statute 609.72 which talks about disturbing an assembly or meeting or engaging in offensive, abusive, boisterous, or noisy conduct which tends to arouse alarm, anger or resentment in others. He recommended this option if the Council chooses to pursue a penalty.

No action was taken.

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

• The hedges at the corner of Garfield and Ramsey have been trimmed.

• The speed monitor was placed on Edgewood near Ulstad.

• A recommendation to adjust sewer and water rates for seniors was received. She noted that income guidelines were set and have been in effect since 1989. A resolution adopted in 2001 stated that limits would correspond with Housing Authority and federal guidelines. The limits will change on January 1 in conjunction with the Housing Authority.

• Door-to-door sales are regulated by Freeborn County.

• A complaint was received regarding tree planting in the right-of-way on South Shore Drive. A letter was mailed to Mr. Lembke which explained that the City could enforce the right-of-way at any time which may result in damages to any landscaping.

• Staff is discussing extra signs at Channelview.

• The request for use of City Center meeting space and the replacement of the truck box are on tonight’s agenda.

• A resident of Government Acres asked when the contractor will be setting the mailboxes in that area. The contractor will notify the residents when placement will occur.

Dave Mullenbach, 322 Lloyd Place, Chair of the County Board, thanked the City Council for permitting use of City facilities while their building was under construction. He presented a Commissioner’s Certificate of Appreciation to the City.

Paul Overgaard, 1728 Bay Oaks Drive, congratulated Mayor Summers on his appointment. He noted that actions taken by the City Council during the coming 16 months will affect the City far into the future.

Roger Bok, 1012 Cato Drive, congratulated Mayor Summers and thanked him for meeting with him last week. Mr. Bok told the Council that the new librarian was hired on June 6 and her appointment was not acknowledged within the 30-day period required by the Charter. He noted that two years ago the Library was requesting a larger facility and that they have now reduced hours in the Library. He believes that the staff can’t change hours without Council approval. He requested a cost accounting for the sump pump installed on Crestview and noted that it is inappropriate for the City to hook up sump pumps for private individuals.

City Manager Simonsen explained that the Tribune reported that the Librarian was hired on June 6 but in reality Ms. Simonsen offered Ms. Havener the job on that date. Ms. Havener didn’t actually start with the City until July 11. Several weeks of semantics went into getting her moved from Arkansas to Albert Lea. Ms. Simonsen noted that Ms. Havener was confirmed within 30 days of hire. She also commented that the reduced hours were discussed and approved by the Library Board and the Council discussed the issue at a workshop meeting.

Mayor Summers opened a public hearing for Miscellaneous Assessment Roll 51. The necessary notice for this hearing was published on August 5, 2005.

There was no public discussion. Councilor Brooks moved, Councilor Rasmussen seconded, that Miscellaneous Assessment Roll 51 be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the assessments adopted and the public hearing closed.

(See Secretary’s Original Resolution

05-153 included with these minutes.)

Mayor Summers opened a public hearing for Parking Maintenance District assessments. The necessary notice for this hearing was published on August 7, 2005.

There was no public discussion. Councilor Erdman moved, Councilor Severtson seconded, that Parking Maintenance District assessments be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried, the assessments adopted and the public hearing closed.

(See Secretary’s Original Resolution

05-154 included with these minutes.)

City Manager Simonsen explained that the Council granted permission to the Albert Lea Medical Center to hold a fireworks display on September 17 as part of their centennial celebration. The ALMC is also requesting permission to block off the beach area and provide police and fire services for the event.

Councilor Erdman moved, Councilor Marin seconded, that the additional requests be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the additional requests approved.

Kelly Schultz and Carol Wolter, co-chairs of the 2006 Sesquicentennial Committee, appeared before the City Council to request assistance for the celebration. Their first request was for a $15,000 donation to enable the committee to cover some of the initial costs relating to engaging entertainment, ordering merchandise, producing publicity, printing a commemorative calendar and other start-up costs. The second request was for permission to provide a fireworks display on New Year’s Eve 2005 at 6 p.m. as part of a Kick-Off Celebration. The fireworks will be shot from the City Beach and will require street barricades, fire and police services and possibly snow removal. The third request was for permission to use the City Council Chambers and the entry area at the City Center for a fundraiser to view the fireworks. The final request was to grant the City Manager authority to make decisions relating to the use of City facilities, personnel, etc. that may be needed during the year-long celebration.

Councilor Marin commented that this is the City’s 150^th birthday and questioned whether $15,000 was sufficient. He then moved to contribute $20,000 to the event with funds provided by the General Fund Contingencies Account. Councilor Rasmussen seconded the motion. After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-155 included with these minutes.)

After additional Council discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that the remaining requests be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the requests approved.

City Manager Simonsen reported that the Albert Lea Moose Lodge Family Center at 328 Main Court is requesting to close Lake Street south of Main Court and the alley on October 2, 2005, for a benefit tailgate fundraiser. The Moose is requesting the placement of barricades from approximately 11:00 a.m. to 8:00 p.m.

Councilor Fjelstad moved, Councilor Severtson seconded, that the request be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the request approved.

City Manager Simonsen explained that the City Council directed staff to review and revise the meeting room policy for the City of Albert Lea. She reviewed the proposed policy for the Council.

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-156, approving the meeting room policy as presented, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-156 included with these minutes.)

In February 2005, the City Council authorized the City Manager to proceed with further analysis of whether or not to change the organizational structure of the Police & Fire Department to have a combined Director of Public Safety. Since that time, a task force was formed consisting of the Assistant Police and Fire Chiefs, an active Police Officer and Firefighter, and the Director of Human Resources. The Task Force was charged with researching the benefits and drawbacks of converting to a Public Safety Director from our current police and fire chief arrangement. The committee was to investigate other communities who had made the transition or considered making the transition and return with a recommendation to the City Manager.

The task force was able to discuss and/or visit several different communities who had considered or made the transition to a Department of Public Safety. Red Wing, Faribault, Owatonna, Bemidji, and Mankato were all consulted regarding their experience with a Department of Public Safety. The City of Mankato appears to be the only community who has retained the structure, and the size of the community appears to make a difference in its effectiveness.

The committee found no compelling reason for the City of Albert Lea to convert to a Public Safety Director at this time. The perceived advantage of cost savings, maximizing human resources, increasing communication and streamlining purchases was not justified by such a significant transition. It is felt that the current system within the City of Albert Lea is able to make internal changes that could produce more benefit and efficiencies to the community than by creating a Public Safety Director position.

The City Manager agrees with the conclusions of the task force and is not recommending a conversion to a Public Safety Director at this time. She requested Council authorization to continue the process. She will be getting together with the selection committee to discuss the next steps in the process.

Councilor Brooks moved, Councilor Erdman seconded, that the selection committee continue the process. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried.

City Manager Simonsen explained that at a special workshop held on August 18, 2005 the City Council heard a development proposal from the Ladwig Companies. Mr. Steve Ladwig and Mr. Matt Ladwig have been researching the potential of the Freeborn Bank Building for the past four months. She noted that some funding options have fallen through and that the Ladwig’s won’t be prepared to proceed until at least next spring.

Council discussion included a desire to proceed with rehabilitation of this structure, to continue discussions with the Ladwig Companies and a need to make necessary repairs to the building before winter. Councilor Fjelstad moved, Councilor Erdman seconded, that City Staff proceed with winterizing the Freeborn Bank Building. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-157 included with these minutes.)

Ms. Simonsen presented a draft proposal of the policy and guidelines for use of the Government Access Channel. The purpose of the policy is to define the function of the City of Albert Lea’s Governmental Cable Access Channel 16 also known as Albert Lea Television (ALTV) and to provide direction to the city staff and assist the public in understanding the services offered by ALTV. Albert Lea Television is designated as a government access channel as provided for in the 1994 Cable Act and the Franchise Agreement between the City of Albert Lea and Charter Communications.

The mission of ALTV is to enhance the City’s public information and communication system, involve the community in local government decision making, and provide useful information to general and specialized audiences. The policy outlines channel programming, programming guidelines and prohibited programming on the station. The station will allow for a community calendar which will provide a source of timely information about a variety of community activities. Channel 16 may also be used for the purpose of emergency communication as necessary. The City of Albert Lea reserves the right to refuse a request for cable programming which is illegal under city, state or federal laws or in violation of the mission and goals for ALTV.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 05-158, approving a governmental access channel policy and submission form, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-158 included with these minutes.)

City Manager Simonsen stated that Mayor Pro Tempore Brooks appointed Tom Sorenson, 1913 Keystone Drive, to fill the vacancy of Mr. Andy Newman on the Parks & Recreation Advisory Board for a term expiring December 31, 2005.

Councilor Brooks moved, Councilor Rasmussen seconded, that the appointment of Mr. Tom Sorenson to the Parks & Recreation Advisory Board be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the appointment confirmed.

Ms. Simonsen reported that at the August 8, 2005 City Council meeting, there was a request for more information on the replacement of the V-Type Box on Truck #235 in the Street Department with a U-shaped Box. The main difference between the two types of boxes is that a U-Box would lift up and dump out of the back, while the V-Box is unloaded with a chain auger system. The cost of replacement at $27,677.22 includes the cost of the box, hoist, sander, and lights. If the replacement is approved, Truck #235 should last an additional 5 to 7 years. The cost of replacement would be covered under the Central Garage Fund.

After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 05-159, authorizing the replacement of the truck box on Truck No. 235, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summer declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-159 included with these minutes.)

City Manager Simonsen explained that the City Council tabled this item from its August 8, 2005 meeting in order to receive a legal opinion regarding the award of the bid. After further study, the City Attorney is recommending award of the biosolids hauling and application for the years 2005, 2006 & 2007 be awarded to Oyer Trucking, Hayward, Minnesota at a bid of $232,800.

Although Mr. Oyer and Mr. Wangen are currently in litigation, Oyer Trucking has performed according to contract for the City of Albert Lea in a responsible manner for the past 3 years. Due to his previous performance and being the lowest bidder, the City is obligated to award the contract to Oyer Trucking.

Marlowe Wangen, 21345 816^th Avenue, requested a written satisfaction of the previous contract. He stated that if we couldn’t provide that, he is requesting the City pay the balance owed him for services rendered.

City Attorney Schwab commented that there is currently a legal issue in that Mr. Wangen and Mr. Oyer are involved in litigation that is going to trial involving our last biosolids hauling contract and that the City is not involved in that suit. If the Council determines that Oyer is not a responsible bidder, the second low bid is from Wangen whose bid was deemed non-responsive because the City is not named as an insured on the liability policy and Wangen will not provide that insurance. The third bid from Fergus Pump is $148,000 higher than the low bid and he can’t justify spending the additional money.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 05-160, accepting the bid of Oyer Trucking, Hayward, at a bid of $232,800, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-160 included with these minutes.)

City Manager Simonsen reported that this resolution amends Sec. 2 of Resolution 05-8 relating to signatories on deposits and withdrawal of city funds. The amendment identifies that the transfer or withdrawal of funds on behalf of the City shall be by at least two of the three signatures of the following officers: Mayor Aaron Summers or Mayor Pro-Tempore Al Brooks and City Manager Victoria Simonsen and City Treasurer Rhonda Krcil. This action is necessary with the appointment of Mayor Summers to his new position.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-161, amending Resolution 05-8 relating to signatories, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-161 included with these minutes.)

City Manager Simonsen explained that House File #138 of the Minnesota Legislature authorized the City of Albert Lea to conduct a special election on November 8, 2005 to submit a request for approval of the imposition of a local sales tax of one-half of one percent for purposes of paying for lake improvement projects as detailed in the Shell Rock River Watershed Plan. This resolution identifies that a special election shall be held on Tuesday, November 8^th, 2005 from 7:00 a.m. to 8:00 p.m. Proposition #1 shall be put before the voters of the City of Albert Lea at the special election in accordance with City Charter and state law and shall read:

"Shall the City of Albert Lea impose a one-half of one percent local option sales and use tax to pay for lake improvement projects detailed in the Shell Rock River Watershed Plan."

The resolution further designates polling places for the November 8, 2005 special election as follows:

1^st Ward Brookside School

2^nd Ward First Baptist Church

3^rd Ward United Methodist Church

4^th Ward Grace Lutheran Church

5^th Ward City Center

6^th Ward Halvorson School

Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-162, putting a proposition relating to a local option sales tax on the November 8, 2005 special election ballot, be approved.

Roger Bok, 1012 Cato Drive, told the Council that the sales tax issue has been before the City Council previously and the resolution says that the money must stay in the City Limits.

On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-162 included with these minutes.)

City Manager Simonsen stated that Minnesota Statute Sec. 204b states that election judges of a municipality shall be appointed by the governing body of the municipality. The statute further provides that the City Clerk shall furnish a list of appropriate names from each major political party for each election precinct. The following are recommended for appointment as Chief Judges for the November 8^th, 2005 special election:

1^st Ward: Geri Berg 

2^nd Ward: Iris Tarvestad 

3^rd Ward: Alice Jensen 

4^th Ward: Karen Olson

5^th Ward: John Wagner

6^th Ward: Ed Mikulich

The following are recommended to be appointed as Assistant Chief Judges:

1^st Ward: Carolyn Wangen 

2^nd Ward: Shirley Poole 

3^rd Ward: Elizabeth Skov

4^th Ward: Geri Ehrhard

5^th Ward:

6^th Ward: Wayne Diercks

The resolution further appoints four eligible candidates to serve as election judges in each ward as outlined in the resolution. The resolution further identifies the compensation for election judges, training sessions, and mileage to be paid for their duties.

Councilor Brooks moved, Councilor Severtson seconded, that Resolution 05-163, appointing election judges, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-163 included with these minutes)

The City has received its appraisal report from Robinson Appraisal & Associates, Mankato, Minnesota identifying a market value of five flood zone parcels located on East Main Street and College. It is the opinion of Robinson Appraisal that the following value estimates apply as of July 1, 2004, prior to the most recent flood:

404 E. Main Street - $476,000

525 E. Main Street - $125,000

328 Main Court - $285,000

402 & 406 Main Court - $75,000

321 E. College Street - $53,000

The full appraisal report is available in the City Manager or City Planner’s office. The appraisal is submitted for City Council approval at this meeting; however, offers will not be made to property owners until contracts from the State and Federal funding have been provided. At this time, DEED has committed to provide $600,000 toward the property acquisition and DNR will provide the balance. The City of Albert Lea is obligated to contribute 12.5% of the project through cash or in-kind donations.

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 05-164, accepting flood zone appraisals, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Severtson who abstained because he sits on the Board of Directors for the Union Center. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-164 included with these minutes)

City Manager Simonsen explained that this resolution calls a public hearing for September 26, 2005 at 7:00 p.m. in City Council Chambers for the purpose of accepting assessments for Job 0401, Richway Drive reconstruction from Lakewood Avenue to Country Club Road. The final payment has been made and final project costs have been compiled totaling $109,832.36. The City cost of the project is $53,758.54 with an assessable cost of $56,073.82. Owners will be charged 6% interest beginning October 26, 2005 for remaining unpaid assessments.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 05-165, calling a public hearing for Job 0401, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-165 included with these minutes)

City Manager Simonsen explained that In anticipation of bond proceeds to be received later this fall, it is necessary to transfer $1,000,000 from the Unreserved Fund Balance to the Special Assessment Capital Projects Fund. When the bond proceeds are received, the funds will be returned to the Unreserved Fund Balance. The transfer is necessary to cover the payment of expenses associated with the East Main sewer and water project and Hatch Bridge/Lakeview Blvd. improvements.

Councilor Rasmussen moved, Councilor Erdman seconded, that Resolution 05-166, authorizing the advance, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-166 included with these minutes)

First Ward, Councilor Rasmussen:

(1) Requested the City Engineer look at patching pot holes on Amelia Place.

(2) Invited everyone to the City Arena on Thursday night at 6 p.m. for the Party for the Lakes.

Second Ward, Councilor Erdman:

(1) As a result of a request from the Farmers Market and seeing an increased use of the area, Councilor Erdman moved to put a port-a-potty in the North Broadway lot for the next two months. Councilor Marin seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

05-167 included with these minutes.)

 

(2) Welcomed Aaron Summers.

Third Ward, Councilor Marin:

(1) Commented that he had heard Aaron Summers was an excellent mayor 20 years ago and he was sure he will do a great job again. He told Mayor Summers that he appreciated his coming out of retirement to lead the Council again.

(2) Thanked City Employees Joe Grossman, Paul Jerdee and Bill Villarreal for their assistance at the Third Annual Outdoor Concert held last Sunday.

(3) Moved to instruct the City Manager to proceed with obtaining the property for the extension of Sunset Street. Councilor Erdman seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Summers declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

05-168 included with these minutes.)

Fifth Ward, Councilor Severtson:

(1) There are a bunch of cars behind 833 South Broadway.

(2) Told Mayor Summers that he is glad to see him back on the Council.

Sixth Ward, Councilor Brooks:

(1) Has received complaints about bikes parked on sidewalks in business areas.

(2) Asked how long motor homes and trailers are allowed to sit on residential streets.

(3) Commented that he was happy to return to his own chair.

City Attorney Schwab stated that there is an ordinance limiting on-street parking to 12 hours. Any parked vehicle must be moved every 12 hours. The Police Department enforces this ordinance on a complaint basis.

Councilor Brooks moved, Councilor Severtson seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, September 12, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion carried and the meeting adjourned.

Filed and attested August 23, 2005.

 /S/ Sandi Behrens                                                                         /S/ Aaron Summers                                                

Secretary of the Council                                                               Mayor 

Old City Council Minutes

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