Albert Lea, MN

August 8, 2005

Pastor Glen Stevens, Crossroads Evangelical Free 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 and KATE Radio.

The Pledge of Allegiance was recited.

Mayor Pro Tempore Brooks requested two additions to the agenda as follows:

*7-f Setting a date for a Council workshop to hear the Ladwig presentation for the Freeborn Bank Building on August 18 at 5:30 p.m.

8-a A resolution ordering improvements for the preparation of the Tiger Hills project.

He also requested two deletions from the agenda as follows:

4-c Public hearing on Miscellaneous Assessments Roll 51

8-f Petition for annexation from Lance Anspach

Councilor Severtson moved, Councilor Rasmussen seconded, that the Mayor Pro Tem’s request for the additions and deletions be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the changes authorized.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JULY 25, 2005.

 

(b) LICENSES APPROVED:

ANNUAL LICENSES

 

ARCADE AMUSEMENT

Country Treat Shoppe, 2510 North Bridge Avenue

 

CIGARETTE

Albert Lea Mobil, 2611 North Bridge Avenue

Nelson’s County Market, 1619 West Main Street

 

TREE TRIMMER

Albert Lea Tree Services, Inc., 606 West 9^th Street

 

TEMPORARY LICENSES

 

OFF-PREMISES LIQUOR SALES

Aragon Bar, 130 West College, for a wedding dance at the National Guard Armory on August 13, 2005

 

PUBLIC DANCE

Danette Rohne, 880 – 80 State Line Road, Glenville, for a wedding dance at the National Guard Armory on August 13, 2005

(c) SETTING A DATE FOR A CITY COUNCIL WORKSHOP ON AUGUST 22 AT 4:30 P.M. TO DISCUSS THE PROPOSED 2006 BUDGET

 

(d) SETTING A DATE FOR A CITY COUNCIL WORKSHOP ON AUGUST 18 AT 5:30 P.M. TO HEAR A PRESENTATION FROM LADWIG COMPANIES FOR THE FREEBORN BANK BUILDING

 

(e) RESOLUTION 05-146 ADOPTED – CLAIMS: Resolution 05-146 presents the financial claims of the City.

(See Secretary's Original Resolution

05-146 included with these minutes.)

Councilor Marin 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 Pro Tem Brooks declared the motion carried and the consent agenda items adopted.

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

• A concern was noted about the Highway 69 railroad tracks being very rough. We have confirmed with MN DOT that that track is not formally scheduled for repair; however they are planning on doing the repairs this fall.

• A question was raised whether the City has an emergency plan to address a heat index emergency. Although we do have plans for weather related issues, that one looks as though it could be addressed further.

• A motion was made to apply copper sulphate to the lake. The treatment was applied on August 3.

• City crews have installed two children at play signs in the Oakwood area.

• A concern was expressed about a dilapidated building at Mill and Pearl. This building is being monitored by the Inspection Division and they will provide by-weekly updates.

• A complaint was expressed about the dilapidated house at the southeast corner of Blake Avenue and C.S.A.H. 46. This property is owned by Taylor and Associates and is outside the City Limits.

• A request for a report on the flood zone appraisals was received. Staff is waiting to hear from the State as to what funding will be given to the City for acquisition of those properties. When that amount is known, the staff will be disclosing the appraisal amounts to the different property owners and to the Council.

• A concern was expressed about the appearance of a sinking roadway at Frank Hall and Eighth Street. On further investigation, there is quite a dip at that location because the catch basin is installed fairly low; however, the road is not sinking.

Mayor Pro Tem Brooks stated the rules for addressing the City Council.

John Reid, 808 Ulstad, expressed concerns about the tall hedge at the northeast corner of Garfield and Ramsey. He has noticed people are still discharging grass into the street. People are using Ulstad Avenue as a shortcut to avoid the traffic signals on Bridge causing an increased amount of traffic in the area. Some vehicles are speeding and others are illegally equipped. One person has crashed into a house. He noted that the City provides reduced utility rates for senior citizens based on income limits. These limits need to be reviewed. Cable television should also be offering reduced rates. He requested a response to this issue. He has noticed an increase in door-to-door sales people again this summer. Many of these people are using high-pressure sales techniques.

Mary Severtson, 1905 South Shore Drive, reported that Douglas Lembke has now planted trees in the right-of-way. City Engineer Jahnke responded that this road is County right-of-way and that they have given him permission to plant trees. He also explained that the County Engineer has indicated that she will be talking with the County Attorney about the possibility of turning that right-of-way over to the City. Ms. Severtson also noted that their siren has worked for the past two months.

Glen McDaniel, 701 Garfield, asked why the library has changed its opening hour to 10 a.m. Ms. Simonsen replied that the Library Board and staff have conducted a survey and found that the library experiences less use in the morning than the evening hours. She further explained that the staff is trying to permit themselves an hour for staff meetings and to maintain expenses. This change was published and the advisory board authorized the change. She noted that they are offering a chair and newspapers for those who come in before the library opens for customer convenience.

Roger Bok, 1012 Cato Drive, stated that the hedge at Garfield and Ramsey should be cut to two feet and that the road on Ulstad is slanted the wrong way and with excessive speed the cars go right across. The Council denied the lady’s application for mayor because it came in too late yet the City hired the Librarian on June 6 and she wasn’t confirmed with the 30-day period required by City Charter. Ms. Simonsen explained that she didn’t start her position until July. He then asked why the cats in his neighborhood hadn’t been picked up yet. Mayor Pro Tem Brooks told Mr. Bok that the Council has already addressed this issue. Mr. Bok stated that the Council didn’t handle the problem right in the first place. Mr. Bok told the Council that the iron issue is going to get reopened again as the price of iron is at $900 a ton. Mayor Pro Tem Brooks told Mr. Bok that the issue had been discussed and was considered resolved. He asked for Bok’s next item. Mr. Bok told him that they aren’t done discussing the issue. Mayor Pro Tem Brooks asked Mr. Bok to sit down. Mr. Bok replied that Brooks is a liar and a cheat.

Mayor Pro Tem Brooks asked for a motion to not allow Roger Bok to speak at any future Council meetings until he apologizes to the City Council and the incoming Mayor for calling Mr. Brooks a liar and a cheat.

Councilor Marin requested the meeting be recessed to get advice from counsel. City Attorney Schwab stated that he is hesitant to recess the meeting as there are very limited reasons to do that. He didn’t believe we fell in any of those categories. Councilor Marin asked if the motion is made whether it would hold up. Schwab indicated that it probably would. He noted that is his immediate response without an opportunity to research the issue. He explained that the Council could pass the motion which would allow him two weeks to research it.

Councilor Marin moved that Mr. Bok not be allowed to speak at any more Council meetings until he apologizes to the Council, Mayor Pro Tem and Incoming Mayor and requested the City Attorney research the issue before the next meeting. The motion was seconded by Councilor Severtson.

Councilor Marin stated that Mr. Bok has crossed the line at several meetings and he doesn’t believe the community approves of it. Bok continually goes against the Council’s rules of decorum adopted annually. Any disrespect such as name calling is beyond the limits.

Councilor Fjelstad stated that some of the issues addressed by Bok are good points and that maybe the presentation isn’t the best. He should be working with the City instead of against us and the name calling is inappropriate.

Brooks noted that he has nothing against Mr. Bok. He doesn’t believe the Council needs to be called names because the Council doesn’t show the same disrespect to him.

Councilor Severtson stated that he and Councilor Rasmussen have spent a lot of time on the iron issue and it is his opinion that the issue is resolved.

On roll call vote, all Councilors voted in favor of the motion. Mayor Pro Tem Brooks declared the motion carried.

Bruce Haugsdahl, 2117 Kenneth Drive, requested a waiver of the $300 rental fee for the City Arena for an event that will benefit local citizens and local lakes. The Lakes Restoration Committee of the Chamber is hosting a "Party For The Lakes" on Thursday, August 25, from 6 p.m. to 9 p.m. at the arena. The fee waiver is the City’s in-kind contribution and support toward local lake cleanup.

After Council discussion, Councilor Marin moved, Councilor Rasmussen seconded, that the request to waive the rental fee be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the fee waived.

Tom Rosenberg, Northfield, son of Milt Rosenberg, appeared before the Council to request permission to place a Chapeau Shores sign within the public right-of-way on Lake Chapeau Drive. He noted that this request was one of Milt’s last requests before he passed away.

City Manager Simonsen explained that City policy currently prohibits placement of private signs within public right-of-ways. She noted that if Mr. Rosenberg is willing to dedicate the sign to the City and work with the Inspection Division to maintain the sign or permit the City to maintain it, the staff can support the placement within the right-of-way.

After Council discussion, Councilor Rasmussen moved, Councilor Marin seconded, that permission to place the proposed Chapeau Shores sign on public right-of-way be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request approved.

City Manager Simonsen explained that Mary Milliron, Freeborn-Mower Green Party, is requesting a change in City policy regarding the use of the multi-purpose room. She noted that the City has a rule that states no partisan or political meetings, or no affiliation to democratic or republican or other political parties is to use the room for meeting space.

City Attorney Schwab told the Council that both Austin and Owatonna permit groups to use City meeting rooms with for-profit groups being charged and non-profits not charged. They also have requirements such as an upfront damage deposit, etc. His only caveat was that the Council can’t discriminate against any group or entity from using the room. If it is open to the public it must be open to everyone.

Councilor Erdman moved to direct staff to develop a new policy to permit use of the multi-purpose room. Councilor Rasmussen seconded the motion.

Schwab also noted that we have never permitted religious groups to use the facility and asked whether the Council wants to change that also. City Manager Simonsen asked if the Council wished to have staff return to the City Council with recommendations and Councilor Erdman requested that staff do so.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad and Mayor Pro Tem Brooks who voted nay. Mayor Pro Tem Brooks declared the motion carried and the staff directed to develop a new policy.

City Manager Simonsen stated that the Council declared a vacancy on the Human Rights Commission at its July 25 meeting due to the unavailability of Ms. Mary Imperial to attend meetings. Mayor Pro Tem Brooks is requesting confirmation of his appointment of Ms. Tami Staker, 1402 Circle Drive, to the Human Rights Commission to a term expiring December 31, 2007.

Councilor Erdman moved, Councilor Severtson seconded, that the appointment of Ms. Tami Staker to the Human Rights Commission be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the appointment confirmed.

City Manager Simonsen reported that the City Council received a formal petition on July 25 from residents of Channelview requesting a crosswalk be placed on East Front Street directly adjacent from the "A" building parking lot to the Food ‘n Fuel Station across the street. She noted that the Engineering Department has had the opportunity to review the request and is not recommending approval of the petition. The location where people are currently crossing is on a curve which limits visibility. This is not an ideal situation and it is felt that the City should not encourage people to cross in the middle of a block. Furthermore, parking is allowed on the south side of Front Street which could obstruct visibility for both drivers and pedestrians. It is the opinion of the staff that use of the existing pedestrian crosswalk located 400 feet from the proposed location provides the safest crossing. She ask whether the Council wished to have staff meet with residents of the complex to hold an informational meeting and discuss other controls that may encourage use of the existing crosswalk.

Ms. Simonsen also noted that the petition requested additional "Slow Children at Play" signs around the Channelview community. There are currently four signs in place. She commented that if the residents or management feel an additional sign or updated signs could benefit the area, the staff would be willing to consider those options. She also offered to conduct a neighborhood meeting for the area.

Councilor Severtson moved, Councilor Erdman seconded, that the petitioned requests be denied with the understanding that staff will conduct a neighborhood meeting for interested persons in the area. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the request denied.

City Manager Victoria Simonsen explained that at the last Council meeting, the Council discussed the bid opening for replacement of the Katherine Island bridge (Job 0507). Engineering was asked to look at additional options for the situation. The department identified six options for the replacement of the existing bridge as follows:

Option 1 – Rebuild the steel bridge, cost $213,195

Option 2 – Rehabilitate the existing bridge, cost $75,000 to $95,000

Option 3 – Replace bridge with floating wood walkway, cost $30,000

Option 4 – Replace bridge with floating aluminum walkway, cost $105,000

Option 5 – Rebuild existing piers, cost unknown

Option 6 – Do nothing, resulting in loss of bridge

Councilor Marin requested this decision be placed on hold until the Council has additional information.

City Engineer Jahnke reported that his discussions with contractors have been based on Option 2. He will come back with several options at different prices. Ms. Simonsen asked for further direction from the Council.

Councilor Erdman questioned Ms. Simonsen about funding for island reinforcement in the State bonding bill. She explained that there may be a possibility for funding of the reinforcement but probably not the bridge itself. Councilor Erdman then asked about the Sesquicentennial committee taking this on as a project. She replied that the committee has discussed this option as a legacy project but were concerned that the City Council may want to do the project sooner than money may be available. It would inhibit fundraising efforts.

Councilor Rasmussen stated that this is an area that the community identifies with and something that the Council needs to make a good decision with at the best cost. He suggested getting all options in order before the Council makes a decision. He asked about the erosion of the island and suggested the staff look at feasibility issues for repairs to the island before considering bridge construction.

Ms. Simonsen replied that if the Council is resigned to waiting until next year, that staff will have time to pull the pieces together for Council consideration of the entire project area. Some of the island is eroding.

Councilor Rasmussen then questioned whether the bridge would be safe to use until next year and Ms. Simonsen noted that staff feels it is safe for a maximum of 10 people at a time and that the bridge is posted.

After additional Council discussion, Councilor Rasmussen moved, Councilor Fjelstad seconded, that the project be built into the budget for 2006 and obtain more information before making a final decision. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried.

City Manager Simonsen reported that the City Council is required to approve and authorize the Albert Lea Port Authority’s annual budget. On August 3, the Port Authority Board of Directors unanimously recommended approval of the budget as presented to the City Council.

Councilor Fjelstad moved, Councilor Severtson seconded, that Resolution 05-147, approving the Albert Lea Port Authority 2006 budget, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-147 included with these minutes.)

City Manager Simonsen explained that this resolution would approve going forward with ordering the improvements and preparing bonding necessary for the Tiger Hills development project. Before it can be included in the bond, the Council has to acknowledge awareness of the project and that they are planning at this point to order those improvements upon approval of the development plan.

Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 05-148, ordering improvements in preparation for the Tiger Hills development project, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-148 included with these minutes.)

City Manager Simonsen reported that staff is requesting Council approval to replace the truck box on Truck No. 235, a 1999 Sterling two-ton truck, used exclusively for snow removal operations. The box is in need of approximately $3000 worth of repairs and staff would like to replace the box at a cost of $27,677.22 which includes associated equipment. The cost of replacement would be covered under the Central Garage Fund.

Councilor Severtson moved, Councilor Erdman seconded, that the replacement of the truck box on Truck No. 235 be approved.

Councilor Rasmussen asked about the possibility of repairing the box instead of replacing it. After Council discussion, Ms. Simonsen told the Council that if they are uncomfortable approving this purchase at this time that the City Staff could do some research and come back with a recommendation.

After Council discussion, Councilors Severtson and Erdman withdrew the motion and second. It was the consensus of the Council to wait for additional information.

City Manager Simonsen explained that the City received sealed bids on August 3 for biosolids removal (Job 0503). The contract involves the hauling and application of approximately 4,000,000 gallons of liquid sludge from the Wastewater Treatment Plant to local farmland over a three-year period (2005-2007). The City received bids from Oyer Trucking, Hayward, MW Truck, Hayward, and Fergus Power Pump, Fergus Falls. The low bidder was Oyer Trucking at a cost of $232,800. The Engineer’s estimate for the project was $238,650. She stated that she has had several phone calls from both of the local contractors and their attorneys regarding this bid and is requesting the Council table it to the next meeting for further research into the legal issues that are in place.

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. He urged the Council to be cautious and insure that we are awarding the bid to the lowest responsible bidder as required by the Municipal Contracting Law.

John Hareid, 314 South Broadway, appeared before the Council on behalf of Oyer Trucking. He told the Council that the pending litigation should be irrelevant to the award of the bid.

Councilor Severtson moved to table this issue to the next Council meeting. The motion to table is not debatable.

City Manager Simonsen reported that the City received bids on the replacement of lighting at the City Arena (Job 0513). Bids were received from Bowman Electric, Albert Lea, Albert Lea Electric, Albert Lea, Kestner Electric, Austin and Russ Nelson Electric, Ellendale. The low bid was received from Bowman Electric, Albert Lea, in the amount of $58,750.00. She noted that the project is a part of the Alliant Energy Shared Savings Program with approximately $36,000 of the project covered by the program. Staff is recommending award to Bowman Electric.

Councilor Marin moved, Councilor Severtson seconded, that Resolution 05-149, accepting the bid of Bowman Electric for Job 0513, City Arena Relighting Project, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-149 included with these minutes.)

City Manager Simonsen reported that the City’s Permanent Improvement Revolving Loan Fund is needing to issue bonds and this resolution would provide for the issuance and sale of $3,715,000 General Obligation Improvement Bonds, Series 2005A. The projects included in this issue are Jobs 0107, 0232 and 0328, related to the new Wal-Mart area and certified in 2004. Job 0401 (Richway), Job 0409 (Overlay), Job 0417, (Chapeau 9^th) and Job 0223 (Nelson) will be certified at the end of this year and possibly Job 0113 (East Main) may be completed in time to certify yet this year. The resolution identifies that it is necessary to issue the G.O. bonds to provide financing for the improvements. It further states that Springsted, Inc., has been contracted to negotiate this issue on behalf of the City. Proposals will be received by September 12 and will be on the Council’s agenda that evening.

Bob Thistle, Springsted, Inc., asked the City Council to authorize the sale of $3,715,000 G.O. bonds. He noted that bids will be taken in their office until 10 a.m. on September 12. The bonds will be 15 year bonds with a 10 year call. He expects the interest rate will be approximately four percent. The bonds are issued for assessed projects in 2004 and 2005.

Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 05-150, providing for the issuance and sale of bonds, be approved. On roll call vote, all Councilor voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-150 included with these minutes.)

City Manager Simonsen explained that this resolution calls a public hearing for August 22 at 7 p.m. to consider and pass upon proposed parking maintenance district assessments to persons owning property in the downtown Parking Maintenance District.

Councilor Severtson moved, Councilor Rasmussen seconded, that Resolution 05-151, calling a public hearing for Parking Maintenance District assessments, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

05-151 included with these minutes)

First Ward, Councilor Rasmussen:

(1) Reported that he has received concerns from the public about the frequency of trash cans around the lake. Some walkers pick up trash while walking and would like to have a place to put the trash.

(2) Is hearing complaints about grass clippings being blown into the street. He noted that small things will help the lakes and this is something people can do to prevent pollution of the lakes.

Second Ward, Councilor Erdman:

(1) Received another complaint about the house on Dunham. He understands that the Inspection Division is working through the appropriate process to bring the property into compliance and noted that it is difficult for the neighbors who maintain their property to understand why others do not.

(2) Has noticed several property improvement projects are being carried out around the City.

(3) Thanked Councilor Brooks for his excellent service as Mayor Pro Tem.

Third Ward, Councilor Marin:

(1) Thanked Brooks for an excellent job.

(2) Commented that he visited the City Arena last week and the new offices look sharp. He complimented the staff for the excellent work.

Fourth Ward, Councilor Fjelstad:

(1) Reported that he had received a telephone call from a very nice lady complimenting the City on improvements at Eastgate Park and on mosquito control.

(2) Received another request for stop signs on Foothills Circle and Foothills Boulevard to permit traffic flow on Fairlane Terrace. He feels the stop signs are needed even though studies do not warrant them. He moved to place stop signs on Foothills Circle and Foothills Boulevard.  Councilor Severtson seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Pro Tem Brooks declared the motion carried.

Fifth Ward, Councilor Severtson:

(1) A resident of Government Acres asked who is responsible for putting the mailboxes back. City Engineer Jahnke replied that the contractor will be putting the mailboxes back in.

(2) Agrees that Councilor Brooks has done a great job as Mayor Pro Tem.

Sixth Ward, Councilor Brooks:

(1) Asked the City Engineer why East 5^th Street is torn up near the former Donut Kettle location. City Engineer Jahnke replied that the storm sewer at that location is very shallow and pushed the roadway up. Utilities crews are repairing the sewer and fixing the road.

(2) As this is his last official meeting as Mayor Pro Tempore over the last couple of months, he expressed his appreciation to the Council members for being available when he had questions and also thanked Ms. Simonsen and staff for their assistance.

Councilor Marin 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, August 22, 2005. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the meeting adjourned.

Filed and attested August 9, 2005.

 /S/ Sandi Behrens                                                                         /S/ Al Brooks                                                          

Secretary of the Council                                                               Mayor Pro Tempore

Old City Council Minutes

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