Pastor Curtis Zieske, Trinity Lutheran Church, offered a prayer.

The August 27, 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 AUGUST 13, 2007.

*b.       RESOLUTION 07-144 – APPROVING CLAIMS:  Resolution 07-144 represents the financial claims of the City.

(See Secretary's Original Resolution 07-144 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

*d.       RESOLUTION 07-145 – APPROVING LAWFUL GAMBLING APPLICATION – HAROLD’S BAR.

*e.        RESOLUTION 07-146 – NOT WAIVING MONETARY LIMITS ON TORT LIABILITY

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 Marin.  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 ALLIANT ENERGY TO CLOSE PEARL STREET AND ELIZABETH AVENUE FOR SAFETY RODEO ON SEPTEMBER 25, 2007 FROM 7:00 A.M. TO 3:30 P.M.

City Manager Simonsen explained that the City has received a request from Alliant Energy to close Pearl Street and Elizabeth Avenue for their Annual Safety Rodeo to be held on September 25th from 7:00 a.m. to 3:30 p.m.  Due to current road construction city staff will work closely with Alliant Energy to coordinate use of the area as the date gets closer.

MOTION:  Move to grant this request.

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.

b.         REQUEST FOR ASSISTANCE IN DEMOLITION OF PROPERTIES – LOU RICH

City Manager Simonsen explained that over the past several years, Lou Rich has been purchasing property located on Prentice Street with the intent to remove the structures to allow for an expansion and reorganization of their existing facility.  Lou Rich has now acquired seven houses and one garage which are vacant and ready for demolition.  Lou Rich representatives are requesting assistance from the City of Albert Lea for the demolition of these structures.  This request follows a verbal agreement made between the City and Lou Rich several years ago.  Lou Rich currently employs over 400 people throughout their facilities.  The removal of the structures would allow for more efficient use of their building located on Front Street.  If approved, street department personnel will conduct the removal of the houses over the winter months.

MOTION:  Move to grant this request.

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

c.         REQUEST FROM FREEBORN COUNTY TO ACCEPT BAYVIEW PARK

City Manager Simonsen stated that Freeborn County currently owns a green space area referred to as Bayview Park that is located at the intersection of The Fairway and Lakeshore Drive in the Shoreland Heights area.  The County would like to offer this parcel to the City of Albert Lea to add to their green space inventory.  The area consists of approximately one acre of wooded space adjacent to Fountain Lake.  The Park & Recreation Board reviewed the request and recommended the City Council accept the parcel as presented.  City staff supports this recommendation.

MOTION:  Move to accept Bayview Park from Freeborn County.

Motion was introduced by Councilor Olson, 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 TO PAINT “NO PARKING ZONE” IN ALLEY – CAFOUREK & ASSOCIATES

City Manager Simonsen explained that for the past several years, the City of Albert Lea has been working with Cafourek & Associates and the Ehrhardt Family regarding the alley behind their buildings located between Sibley Avenue and Wilson Avenue.  Vehicles often park in the area between the two buildings, restricting vehicles from being able to drive down the alley.  The owners have asked that an area 100 feet long and 20 feet wide between the two buildings be painted with yellow hatched paint to clearly indicate no parking.  The Police Department and Engineering staff has reviewed the request and agree with the recommendation.  Cafourek & Associates is planning on painting their parking lot in the near future and has indicted they would be willing to paint the cross hatching.

MOTION:  Move to grant this request.

Motion was introduced by Councilor Baker, seconded by Councilor Olson.  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.

e.         DONATION OF FURNITURE TO ALBERT LEA LIBRARY

City Manager Simonsen commented that the City of Albert Lea had received a letter from the Albert Lea Public Library Foundation stating that they were donating items to the library.  The Foundation stated that they would purchase furniture for the new children’s library, the top floor adult fiction library and the second floor adult information library.  Also, they will provide new tables and chairs for the top floor lobby.

MOTION:  Move to accept this generous donation from the Albert Lea Public Library Foundation and thank them for their continuous support.

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

4.         UNFINISHED BUSINESS – NO ITEMS

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 07-147 – APPROVING PARKING MAINTENANCE ASSESSMENTS

City Manager Simonsen explained that a public hearing is being held to receive input regarding the proposed parking maintenance assessments.  The purpose of the parking maintenance district is for maintaining, staffing, financing and other such functions as necessary to provide for the proper maintenance of downtown parking improvements and public facilities.  The area to be assessed includes some, but not all of the following area:  north of Pearl Street, south of Fountain Street, west of Elizabeth, and east of St. Mary Avenue.

Assessments are based on a per square foot basis for each lot as a general benefit, minus $50 per stall for privately owned and improved off-street parking stalls that are open during normal business hours for customer parking.  The parking maintenance district consists of multiple zones which are assessed based on the level of benefit received in each zone.  Assessments for this year include cost of the district from August 1, 2006 through July 31st, 2007.  The total assessments are $42,792.  Assessments are payable in equal annual installments extending over a period of one year and shall bear interest at the rate of 6% per annum from this date.

Mayor Erdman opened the public hearing for the Parking Maintenance Assessments.

Ms. Suzanne Crane, 224 South Broadway, Albert Lea, spoke to the Council regarding the hardship of this assessment on the Albert Lea Art Center.  She requested that the assessment be forgiven or reduced.

There were no other speakers for this issue.

Mayor Erdman closed the public hearing.

Councilors discussed this matter and Councilor Baker volunteered to help the Art Center increase their fund raising efforts to pay for this parking assessment.

Resolution 07-147 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 07-147 included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 07-148 – APPROVING MISCELLANEOUS ASSESSMENT ROLL 0062

City Manager  Simonsen explained that a public hearing is being held to receive input and comments regarding the Proposed Miscellaneous Assessments (Roll 0062) for unpaid utility bills, refuse removal, mowing and miscellaneous assessments for which payment has not been received.  The assessment shall be payable in a single installment and shall bear interest at the rate of 6% per annum from this date unless paid in its entirety within the next 30 days.

Mayor Erdman opened the public hearing for Miscellaneous Assessments, Roll 0062.

Mayor Erdman called three times and there were no speakers for this issue.

Mayor Erdman closed the public hearing.

Resolution 07-148 was introduced by Councilor Rasmussen, 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 07-148 included with these minutes)

c.         RESOLUTION 07-149 – APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT AND PLAT FOR PARKVIEW HILLS SUBDIVISION

City Manager Simonsen stated that this resolution would approve an amendment to the conditional use permit and plat for Parkview Hills Subdivision by changing ten of the twenty units to have double width garages rather than single garages and changing the individual lot sizes affected by the amendment.  The Planning Commission reviewed the request at their August 13, 2007 meeting and unanimously approved the amendment subject to the payment in lieu of parkland dedication in the amount of $1,852 as stated in the development agreement.

Resolution 07-149 was introduced by Councilor Baker, 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 07-149 included with these minutes)

d.         RESOLUTION 07-150 – APPROVING THE PRELIMINARY PLAT OF HARTMAN ADDITION

City Manager Simonsen explained that this resolution would approve the preliminary plat of the Hartman Addition located east of Government Acres and Love’s Travel Plaza.  Greater Jobs, Inc. has made application to subdivide approximately 80 acres of land into four separate lots of approximately 18 acres each.  Once the land is platted and recorded, the lots can be divided or combined by an administrative survey as needed for development purposes.  The purpose of the subdivision is to create marketable lots for industrial use.  The Planning Commission approved the preliminary plat as presented with conditions outlined in the resolution.  City staff can support the plat as recommended.

Resolution 07-150 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 07-150 included with these minutes)

e.         RESOLUTION 07-151 – SETTING DATES FOR GRANT APPLICATIONS FOR 2008 DISCRETIONARY FUNDS

City Manager Simonsen stated that this resolution would authorize city staff to advertise for applications for the distribution of discretionary funds for 2008.  For the past several years, the City has accepted applications for discretionary funds from non-profit organizations with the intent of using the funds to promote and benefit the general public.  This resolution would set the application process from September 4th through October 19th, 2007.  Applications will be available in the City Manager’s office or on-line.  The amount of discretionary funds to be allocated will be determined upon the adoption of the 2008 city budget.

Resolution 07-151 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 07-151 included with these minutes)

f.          RESOLUTION 07-152 – AUTHORIZING MNDOT GRANT AGREEMENT – AIRPORT

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a grant agreement for airport improvements at the Albert Lea Municipal Airport with the Minnesota Department of Transportation.  The grant agreement is in the amount of $579,000 with the federal share being 95% of that amount and the city’s share being 5%.  The projects included in this grant are the trimming and removal of trees south of the airport runway, runway crack sealing, preliminary design and wetland mitigation for relocation of Plaza Street and design engineering for the new runway.

The purpose of the project is to provide engineering of a primary runway that will safely accommodate existing and projected aircraft demand.  The construction for this project is likely to be phased over the course of at least three years.

Resolution 07-152 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 07-152 included with these minutes)

g.         RESOLUTION 07-153 – APPROVING A PROFESSIONAL SERVICES CONTRACT TO MEAD & HUNT, INC. - AIRPORT

City Manager Simonsen explained that this resolution would approve a professional services contract with Mead & Hunt, Inc. for engineering services provided as part of the airport improvements.  Mead & Hunt would provide for the preliminary design and wetland mitigation for the relocation of Plaza Street, design survey and geotechnical analysis for the relocation of runway 16-34, and the final design of runway 16-34 as outlined in the scope of services.  The cost of the professional services received from Mead & Hunt is $160,785 (Task Order #3) and $391,500 for design of runway 16‑34 (Task Order #4).

Resolution 07-153 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 07-153 included with these minutes)

h.         RESOLUTION 07-154 – AUTHORIZING ASSISTANCE TO SURROUNDING COMMUNITIES

City Manager Simonsen remarked that this resolution would authorize the City Manager to offer support to affected communities damaged by flood waters and storms, without compromising local City operations.  Mayor Erdman read the resolution in the record.

Resolution 07-154 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 07-154 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE ITEMS
            1.   APPOINTMENT OF LINDA LARES & TOM SORENSON TO THE COMPREHENSIVE PLAN STEERING COMMITTEE

Mayor Erdman stated that he was recommending the appointments of Linda Lares and Tom Sorenson to the Comprehensive Plan Steering Committee and that a motion was in order.

MOTION:  Move to appoint Linda Lares and Tom Sorenson to the Comprehensive Plan Steering Committee.

Motion 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.

WARD AND COMMITTEE ITEMS:
First Ward, Councilor Rasmussen:

• Questions regarding who is responsible for grass growing in the curb/gutter area.
• Requested staff to research the peddler’s permitting process.
• Thanked the Police Chief and Officers for their role in the Community Policing efforts. He is amazed at the total turnout of the community.  Their response has been great.
• Encouraged residents to become active in the Comprehensive Plan sessions.

Second Ward, Councilor Baker:

• Unable to attend the Heritage Preservation Committee meeting.
• Planning Commission items were on tonight’s agenda.
• Another “Thank you" to Chief Winkels and to all of the Police Officers for a wonderful job coordinating the community policing.

Third Ward, Councilor Marin

• Attended the Convention Visitor’s Bureau Meeting and there is a lot of progress being made.
• Attended a Community Policing Meeting and was very impressed by Chief Winkels and Officers.
• Questions on changes that were made to the mowing ordinance.  Does staff send out certified letters to property owners whose properties need mowing?
• Request of the City Engineer to check on making one side of the street a no parking area due to the amount of foot traffic and bikers on So. 4th Avenue.
• Milrose Circle comes off of Chapeau Heights road with one set of duplexes located in this area.  Last week there was a burglary.  He is requesting an additional street light in this area.

MOTION:  Move to make a motion to install a street light at 524 Milrose Circle.

Motion 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.

Fourth Ward, Councilor Olson:

• Attended Park & Rec. Board meeting and received updates on the Youth Baseball Complex that the Baseball Association may build.
• Discussed the concept of for a dog park.
• Reviewed future park sites to be donated to the city.
• Cautioned everyone to be careful and watch for children walking and riding rides to school.
• Encouraged everyone to support the high school sports and other sporting activities and the school district.

Fifth Ward, Councilor Severtson:

• Will be attending two board meetings in the future.
• Thanked everyone who supported the “Fish Fry” in support of Delta Company last Wednesday, as it was a great success.
• Attended the “Doggie Dip” and that was a great success.

Sixth Ward, Councilor Brooks:

• No Committee items.
• Thanked Officer Stockwell and Officer Miller for their Community Policing efforts.
• Requested a sign for Virginia Place Park.

MOTION:  Move to install a “Children at Play” sign at the Virginia Park.

Motion was introduced by Councilor Brooks, 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.

Mayor Erdman:

• Parking Assessment is a reoccurring problem with the Art Center.  If we would forgive that then the other businesses in the downtown area would want to forego those costs.  Encourage residents to become members of the Art Center.
• Thanked the Albert Lea Medical Center for the nice job on their new landscaping project in their new parking lot at the old high school location.
• Requested that the City Manager keep track of the amount of time spent on open forum items.  The report from the last council meeting took 10.5 hours of staff time.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:

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

• Question regarding the draining of the Aquatic Center pool?  The water is drained into the sanitary sewer system.
• The evergreen trees at the swimming pool site were removed as the management of the apartments next door requested that the city clean-up this area and also this site had lots of garbage, mattresses and other items left there.  Police were unable to watch this area due to the trees.  Staff will be discussing the landscaping of this area.
• There have been 506 sewer inspections completed with the average cost being $121.99 per inspection, 3,906 inspections have been scheduled.  This program has been budgeted at $200,000.00 over the next three years.  1,434 have not scheduled an inspection, 13 homes have failed the inspections and 10 homes were inspected but were not able to be completed.  It does not take very many sanitary sewer inspections that are failing to overload our system.  We actually have one area that contains three laterals in a low area, and, with a cross connection, can overflow an 8-inch sanitary sewer line with a rain fall of two inches.
• A demolition permit has been issued for the removal of the house on Blake Avenue.
• The city has not received any complaints from people living in the Tiger Hills area regarding the mowing and we do not have plans to pursue mowing of the large vacant areas surrounding the few houses at this time.
• Permit for a horse on property located within city limits.  That person must apply to the Board of Appeals to use an existing building at the present location or request permission to move an existing structure to an appropriate location on this lot.  The cost to apply to the Board of Appeals is $200.00.
• Request for the specifications for the illumination of the East Main Street lighting and they are available for Mr. Manuel Cantu.  The Mayor indicted that requests in the future that included photo copying would be charged to the party.

1.      Presentation by Fire Chief Stieler – Emergency Sirens

Fire Chief Paul Stieler gave a presentation on the emergency warning system in the city.  Sirens are tested the first Wednesday of each month at 1 p.m.  They are considered “outdoor” sirens and were not designed to penetrate to the inside of homes.  Currently, the city has 17 sirens and the coverage of these sirens overlap with one another for good coverage.  Chief Stieler stated that it may be difficult for homeowners to hear them in the homes due to better windows being installed, use of air conditioning and other noises within a home.  Chief Stieler stated that when the siren is sounded that means that the National Weather Service has declared a tornado warning for the area, a second siren means that someone has sighted a tornado.  There is not an “All Clear” siren.   Chief Stieler encouraged residents to purchase a weather radio which are available for approximately $40.00.

Mayor Erdman thanked Chief Stieler for his presentation.

7.         PUBLIC FORUM

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

• Inquired as to where the swimming pool water is drained?
• Inquired as to what chlorinated water is being drained into the channel?
• Inquired as to where Plaza Street is going to come out unto Bridge Street?
• Inquired as to where the wetlands will be located at?
• Alley between St. Thomas & Columbus, that was to be fixed two years ago, now you have deep ruts, right off East Main Street.  Nothing ever gets done and I wonder why?
• Village Cooperative on Stevens Rd. grass is too long.
• Inquired as to how city staff can move the evergreen trees without City Council approval?  The City Council runs the show here; the type of government is council/manager.  City Manager runs the administration through the guidance of the City Council.  This is according to the Charter, and when I request what this stuff is costing us, that information is supposed to be here.  The Financial Officer should be here and report that information to us.  We pay for what is itemized; we do not pay the total, look at the City Charter.
• East Main Street lighting, how much and where is the itemized statement?
• Banners on North Broadway, I did not get an answer to my questions.
• Signs are sitting in the right of way all the way around but someone got a ticket for a sign in the back of truck.
• Who authorized cutting the tree in Severtson’s front yard?

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

• Shadows on the lighting on East Main Street.
• Stated that we were supposed to have a lighted corridor and it is not there.  We should get a refund on these lights.  They should be replaced as there are shadows all through the area.  We spent a lot of money on beautification and MnDOT was not part of this program and it was on their land.
• Concerned about spending more money on a new lawn mower to cut this area and that is adding more cost to the taxpayer.
• Changing of the flags on these poles.  Are they going to have Christmas lighting on them?  Was that cost ever considered in the $675,000.00?
• Concerned about the color of the light poles.
• Concerned about the inspection program and the cost for the plumbers.
• Concerned about whether or not we are going to use copper sulfate in 2008.

Mr. Craig Ludke, 309 Lee Circle, stated the following:

• As the airport runway is being upgraded, there is a need for additional hangers and improvement to the FBO building.

8.         ADJOURNMENT – 8:25 p.m.

Councilor Olson moved and Councilor Marin seconded, that there being no further business, the council meeting be adjourned at 8:25 p.m., until the next regular meeting of the Albert Lea City Council on Monday, September 10, 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 27, 2007

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

2007 Archived minutes
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