Pastor Mark Boorsma, Ascension Lutheran Church, offered a prayer.

The Monday, April 14, 2008 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/KCPI Radio.

a.         The Pledge of Allegiance was recited.

b.         Swearing In of Adam Hamberg, Police Officer

Police Chief Winkles introduced the newest Police Officer Adam Hamberg to the Council.  Oath of Office was administered to Adam Hamberg, Police Officer, by City Clerk Shirley Slater-Schulte.  Mayor Erdman and Councilors congratulated Officer Hamberg.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF MARCH 24, 2008.

*b.       RESOLUTION 08-78 – APPROVING CLAIMS:  Resolution 08-78 represents the financial claims of the City.

(See Secretary's Original Resolution 08-78 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-79 – APPROVING MINNESOTA LAWFUL GAMBLING LICENSE RENEWAL APPLICATION – ELKS LODGE 813, 1811 S.E. BROADWAY, ALBERT LEA, MN

(See Secretary's Original Resolution 08-79 included with these minutes.)

*e.        RESOLUTION 08-80 – APPROVING MINNESOTA LAWFUL GAMBLING LICENSE RENEWAL APPLICATION- UNION CENTER, INC., 1407 HWY 13 N., ALBERT LEA, MN

(See Secretary's Original Resolution 08-80 included with these minutes.)

*f.        RESOLUTION 08-81 – APPROVING MINNESOTA LAWFUL GAMBLING LEASE FOR UNION CENTER TO BE HELD AT NASTY HABIT, 134 W. WILLIAM ST., ALBERT LEA, MN

(See Secretary's Original Resolution 08-81 included with these minutes.)

*g.       RESOLUTION 08-82 – APPROVING MINNESOTA LAWFUL GAMBLING LEASE FOR UNION CENTER TO BE HELD AT SPORTSMAN TAVERN, 216 E. CLARK ST., ALBERT LEA, MN

(See Secretary's Original Resolution 08-82 included with these minutes.)

*h.       RESOLUTION 08-83 – APPROVING MINNESOTA LAWFUL GAMBLING APPLICATION FOR V.F.W. TO CONDUCT BINGO AT THE FREEBORN COUNTY FAIR, ALBERT LEA, MN

(See Secretary's Original Resolution 08-83 included with these minutes.)

*i.         RESOLUTION 08-84 – APPROVING MINNESOTA LAWFUL GAMBLING LICENSE RENEWAL FOR EAGLES CLUB #2258, ALBERT LEA, MN TO CONDUCT PULL-TABS AND BINGO

(See Secretary's Original Resolution 08-84 included with these minutes.)

*j.         REQUEST FROM PARKS & RECREATION DEPARTMENT TO HOLD KIDDIE PARADE, JULY 17, 2008, DOWNTOWN CRAZY DAYS

*k.        REQUEST FOR STREET SIGN – FREEBORN COUNTY HISTORICAL SOCIETY (PRENTICE AVENUE)

*l.         REQUEST FOR EIGHT HOUR PARKING – NEWTON AVENUE
MOTION:  Move to adopt the consent agenda as presented.

Councilor Brooks moved that the consent agenda items be adopted as presented, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST FOR SPECIAL ASSESSMENT – CHARLOTTE ANDERSON, 1919 BIMELICH LANE

City Manager Simonsen explained that the City has received a request from Charlotte Anderson, 1919 Bimelich Lane, to have the cost of repairing the sanitary sewer line to her property be assessed over a five year term at 6% interest.  Ms. Anderson has indicated the inability to pay for the necessary repairs in one installment and is therefore requesting it be assessed to her taxes and paid over a five year term.

MOTION:  Move to approve this request.

Councilor Severtson moved this motion, 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.

b.         REQUEST FOR PERMISSION TO IMPROVE ALLEY – TIM JENSEN

City Manager Simonsen explained that Mr. Tim Jensen is requesting permission to improve the alley located between St. Thomas Avenue and Columbus Avenue between East Main Street and Eberhardt Street.  Mr. Jensen intends to improve and maintain the alley for the purpose of gaining access to properties he owns.  If approved, the agreement will identify that the City retains ownership of the alley despite improvements that may be paid for by Mr. Jensen.

MOTION:  Move to approve this request.

Councilor Marin moved this motion and seconded by Councilor Brooks.  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.

4.         UNFINISHED BUSINESS

a.         ORDINANCE 115, 3D (2nd reading) – AMENDING CHAPTER 34, ARTICLE I – RENTAL HOUSING LICENSING

City Manager Simonsen explained that this is the second reading and public hearing of an ordinance to amend Chapter 34 to include Article I, Rental Housing Licensing.  The purpose of the new section is to provide a mechanism to allow for the inspection of rental units in order to protect the public health, safety and general welfare of the citizens of Albert Lea who rent their housing.  The ordinance will establish a method of registering landlord’s access properties, and apply the minimum housing standards to the living conditions of people who rent dwelling units.  The fee will help the city defray the costs of inspection personnel and enforcement of the ordinance.

Property owners who choose to rent a dwelling unit must obtain a license before doing so and have an inspection of the premises prior to renting.  The local building code (Chapter 34) and fire code would be applied during inspections.  The ordinance also requires that every rental housing license holder not residing within a 30-mile radius of the city appoint an agent living within that area to which the city may serve notices or contact in necessary situations.  The ordinance states the requirement to provide refuse removal and recycling to tenants.  The ordinance also outlines processes for appeals or variances to the ordinance.

Mayor Erdman opened the public hearing.

Mr. Orrion Roisen, 1010 Foothills Circle, stated his concerns against this proposed ordinance.  He stated that the city already has the power to enforce minimum standards.

Mr. Troy Ranum, 415 3rd Street, stated his concerns against this proposed ordinance.  Fees should be waived.  How will the city stop these landlords from renting, if they do not comply with the ordinance?

Mr. Scott Knutson, 18521 750th Avenue, stated his concerns against this proposed ordinance.  Cost to improve the rental units cannot be passed on to the renters.  He requested that this ordinance be tabled. City is forcing “undesirables” into other small communities.

Maria Benham, stated her concerns about this ordinance, and does not feel all landlords should be bunched into one category.  Requested this ordinance be tabled and meetings should include renters along with landlords.

Mr. Dave Montano, Sr., Solid Rock Investments, 825 S. Newton Avenue, stated his concerns regarding this proposed ordinance. He stated concerns regarding the underlying issues, privacy, recourse for disagreements and the cost of the fees.

Mr. Lanier Pratt, 924 Lakewood Avenue, stated concerns about this proposed ordinance.  He stated concerns regarding the privacy of tenants, legality of the and three strike rule.  He requested that a task force be formed.

Mr. Mervin Nasby, 1512 Dunham, stated concerns regarding this proposed ordinance.  He commented about renter’s accountability and the City should help with this.

Mr. Steven Kurth, 610 W. Park Ave, stated concerns regarding this proposed ordinance.
He encouraged a positive agreement between the city, landlords and renters.  He also wants this ordinance tabled.

Mr. Tom O’Rourke, 1202 W. 9th St., stated concerns regarding this proposed ordinance.  He said that it would exceed Federal Housing Standards.

Ms. Faith Ryan, 2728 Campus Lane, stated concerns regarding this proposed ordinance.  She objected to the publicity of being lumped as a slum lord.  Renters do have choices as to where they want to live.

Ms. Stephanie Harmon, 2004 South Broadway, stated concerns regarding this proposed ordinance and requested that it be tabled.  She stated that the intentions of this ordinance are good, but it needs more work.

Mr. George Ehrhardt, 73485 224th Street, inquired as to if the city can handle this inspection with existing staff or would we have to hire additional staff? Public needs to know how many rental units there are.

Mr. Milt Ost, 1204 Kent Avenue, stated concerns regarding this proposed ordinance and asked if the senior housing inspection could be waived as they are already being inspected twice annually.

Mr. Joe Attig, 18542 750th Avenue, stated his concerns regarding this proposed ordinance.  He inquired as to how much more can landlords take?  He stated the city needs to do more to get better paying jobs into town.  Concerned about the extra fees.

Ms. Margaret Ehrhardt, stated concerns regarding this proposed ordinance.  She stated that buildings are already inspected and she is in favor of forming a Landlord’s Association.

Ms. Judith McKinnon, 1830 Lakewood Ave., stated concerns regarding this proposed ordinance and does not think that the $40.00 fee will make any changes.  She inquired as to whether TIF dollars could be used for this.

Mr. Barry Back, 71205 255th Street, stated concerns regarding this proposed ordinance, concerns about the invasion of property.  Questioned whether Chapter 34 pertains to all residential housing?

Mr. Jeremiah Locke, 1013 St. John Ave., inquired what is the reason and need for this type of ordinance?  He inquired as to the number of rental properties in Albert Lea and the total cost for the city and landlords if this ordinance is adopted?  We should be working toward an agreement for city, landlords and renters.  Stated that the ordinance needs more work.

Ms. Lisa Frank, 508 High Street, stated that homes need to be inspected to protect health, safety and welfare.  Stated there are a lot of bad properties for rent.  The house she was living in was not safe and burned.  She stated that she lost everything.  She stated that landlords need to take care of their properties

Ms. Sophia Farr, 820 Freeborn Avenue, stated that Albert Lea is behind the times and that people deserve decent rental property.

Mr. Jon Ford, HRA Executive Director, stated that he had done a survey of the cities of Morris, Owatonna and Rochester regarding their ordinances.  This survey reflected that rents did not increase after implementing their ordinance.  It did help with dilapidated, unhealthy conditions.  Some vacant lots became Habitat lots if the landlord allowed forfeited properties.  Invasion of privacy was a non-issue.  Stated that if the ordinances are enforced, it gives more power to the landlord in evictions.  The proposed ordinance may be more stringent than Section 8, but not HUD.  A survey in 2006 showed 4% of our rental properties were dilapidated, 7% were in fair condition.  We need to ask what is the intent of this ordinance and is it the right thing to do.

Mayor Erdman ordered Mr. Manuel Cantu Jr., removed from the council chambers for disorderly conduct.

Ms. Linda Bottelson, 1107 Hershey Street, requested time to draft mediation with tenants and property owners.

Mr. John Sier stated concerns that landlords are not putting rent back into the properties.

Councilors discussed the length of time and the importance of forming a Landlord’s Association and staff working with them to develop and ordinance that all can adhere to.

MOTION:  Move to postpone this ordinance indefinitely and for staff to work with the newly formed Landlords Association and Tenants Task Force.

Councilor Marin moved this motion, seconded by Councilor Brooks.  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.

b.         ORDINANCE 116, 3D (2nd reading) – ADOPTED - AMENDING CHAPTER 34, ARTICLE III, SAFE AND CRIME FREE RENTAL HOUSING PROGRAM

City Manager Simonsen stated that the City of Albert Lea currently has ordinances in place referencing the housing code, known as Chapter 34.  This ordinance would amend Chapter 34 to include Article III – Safe and Crime Free Rental Housing Program.  The purpose of the program is to offer a voluntary, three-phase certification program for rental properties of all sizes.  The nationally known program is proven to be effective in reducing criminal activity in rental properties.  The Albert Lea Police Department is a member of the Crime Free Rental Housing Program and would be responsible to implement the components of the program.

The Crime Free Rental Housing Program consists of four components: (1) Attendance at and successful completion of the management training components, (2) Compliance with Crime Prevention through Environmental Design (CPTED),  (3) Offer training to tenants at least every twelve months.  (4) Include the Crime Free Rental Housing License addendum on all written leases.  The ordinance further identifies decertification and the appeal process for the Safe and Crime Free Rental Housing Program. 

Mayor Erdman opened the public hearing.

Mr. Bill Leland, Albert Lea, stated that this proposed ordinance should be tabled until the prior ordinance is adopted.

Mayor Erdman closed the public hearing after calling three times for more public input.

Ordinance 116,3d and summary of publication of this ordinance was introduced by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said ordinance and summary of publication: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared Ordinance 116,3d and summary passed.

(See Secretary’s Original Ordinance 116, 3d included with these minutes.)

c.         ORDINANCE 117, 3D (2nd reading) – ADOPTED -AMENDING CHAPTER 38, ARTICLE VII – PUBLIC NUISANCES

City Manager Simonsen explained that this is the second reading and public hearing of an ordinance to be added to Chapter 38 of the City Code regarding offenses and miscellaneous provisions.  The ordinance would amend the chapter to include Article VII – Public Nuisances.  The purpose of this article is to protect the public health, safety and welfare and to promote the stabilization and maintenance of the community by enacting provisions that define a public nuisance; determine the responsibilities of owners; provide remedies to eliminate public nuisances; and provide for the administration enforcement and penalties.  Within the resolution descriptions of public nuisances are provided such as dangerous structures, fire hazards, health hazards, obstructions of public property and garbage or refuse concerns, etc. as well as the duties of enforcement officers and orders to cease.  Property owners would be served an order to cease and abate the nuisance as described within the ordinance.  Emergency abatement procedures are also defined within the ordinance.  Persons not following the law shall be punished by a fine not-to-exceed $1,000 or imprisonment for not more than 90 days or both, plus the cost of prosecution in either case.

Mayor Erdman opened the public hearing.

Mr. Mike Carstens, 16376 880th Avenue, Glenville, MN stated that he liked this ordinance on the surface, but had questions regarding Chapter 38.

Mr. Lanier Pratt, 924 Lakewood Avenue, stated concerns regarding search & seizure.

Mayor Erdman closed the public hearing after calling three times for more public input.

Ordinance 117, 3d and summary publication of this ordinance was introduced by Councilor Rasmussen, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said ordinance and summary of publication: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared Ordinance 117, 3d and summary passed.

(See Secretary’s Original Ordinance 117, 3d included with these minutes.)

d.         REVISED EASEMENT AGREEMENT – CLAY MONTGOMERY

City Manager Simonsen explained that at the March 24, 2008 City Council meeting the City Council approved an easement agreement with Mr. Clay Montgomery for a 66-foot wide easement, with a twenty year deferment of assessments on property he owns on CSAH 38.  Following the City Council meeting Mr. Montgomery was presented with the agreement terms and was not willing to accept the agreement as written.  Mr. Montgomery is requesting that the assessments on the property be deferred indefinitely until any portion of the property is developed or sold, whichever occurs first.  This easement is necessary to pursue a future roadway from Trails Travel Center to CSAH 38.

MOTION:  Move to approve the amended agreement with Mr. Clay Montgomery.

Councilor Brooks moved this motion, seconded by Councilor Rasmussen.  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.

5.         NEW BUSINESS

a.         INTRODUCE ORDINANCE 118, 3d – (1st reading) CALL PUBLIC HEARING FOR APRIL 24, 2008 – ESTABLISHING DEVELOPMENT STANDARDS AND LAND USE WITHIN THE PD PLANNED DEVELOPMENT DISTRICT FOR WEDGEWOOD COVE FIRST AND SECOND ADDITION

City Manager Simonsen explained that this is the introductory ordinance and call for a public hearing on April 24, 2008 at 7:00 p.m. for an ordinance establishing development standards and land use within the Planned Development District for the Wedgewood Cove First Addition and Second Addition.  On December 14, 2006 the Planning Commission recommended the zoning classification change from R1 Single Family District to PD Planned Development District.  This ordinance outlines how the site shall be developed used and maintained in accordance with the general development plan which includes density options, land uses and conditions that are outlined within the ordinance.  Some of the items identified within the ordinance include the designation of public streets, emergency roadways, sidewalk and trail systems, green space, utility easements, maintenance of wetlands and ponds, signs, street lighting and reference to homeowner’s association documents.  A full copy of the ordinance is available to the public through the City Manager or Community Development office.

Councilor Marin introduced Ordinance 118, 3d, Councilor Baker seconded this introduction of the ordinance.  On roll call vote the following councilors voted in favor of said motion:  Councilors Rasmussen, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Councilor Olson abstained.  Mayor Erdman declared the motion passed.

Public hearing will be set for April 24, 2008 at 7:00 p.m.

b.         RESOLUTION 08-85 – ACCEPTING FEASIBILITY STUDY AND CALL PUBLIC HEARING FOR W. 9TH & WEDGEWOOD ROAD PHASE III (JOB 0625)

City Manager Simonsen explained that upon the adoption of a development agreement with Wedgewood Cove LLC developers, a report has been prepared by the Engineering Department with reference to the improvements to be made on W. 9th Street and Wedgewood Road including the installation of sanitary sewer, storm water and watermain as well as bituminous roadway.  This resolution would accept the feasibility report identifying that the estimated total cost of the improvements will be $647,569.40.  Of this total 75% will be city costs and 25% will be assessable to abutting property owners.  Of the assessable portion, 52% will be held for future assessments because the properties are currently outside of city limits.  A public hearing would be held on Monday, April 28, 2008 at 7:00 p.m. to hear public input regarding the road project.

Resolution 08-85 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.

(See Secretary’s Original Resolution 08-85 included with these minutes)

c.         PUBLIC HEARING AND RESOLUTION 08-86 ORDERING NEIGHBORHOOD IMPROVEMENT PROJECT TO BE POSTPONED UNTIL APRIL 28, 2008
            (JOB 0802)

City Manager Simonsen explained that the City is hosting a public hearing for Job 0802 involving the mill, overlay, curb replacement and sidewalk replacement for specific state aid streets.  All homeowners involved with the street project have been notified and a meeting was held on April 1, 2008 to inform residents of the details of the project.  The roads involved are Hawthorne Street - Lakewood Avenue to Garfield Avenue, Lakewood Avenue - Richway Drive to North Shore Avenue, Lakeview Blvd. - Fountain Street to Vine Avenue and Third Street - Madison Avenue to Newton Avenue.  Following the public hearing the City Council may pass a resolution postponing this improvement and preparation of plans for this project until April 28, 2008.

Mayor Erdman opened the public hearing.

Mr. Troy Ranum, 415th 3rd Street, if parking would be eliminated on 3rd Street.

Mr. Bob Stinerock, 103 Giles Place, questions regarding the need for sidewalks in certain areas where sidewalks have never been.

Mr. Lanier Pratt, 924 Lakewood Avenue, stated concerns about placing sidewalks along North Shore where there are no sidewalks and they will not connect to anything. He would like the placement of sidewalks for this area postponed.

Mr. Richard Kingstrom, 13764 750th Avenue, owns property on Lakewood and had questions regarding the proposed assessment and whether this may be reduced.  He stated that a sidewalk on one side of the street is enough.

Mr. Terry Fox, 409 Lakeview Blvd., had questions concerning “No Parking” on Lakeview, from Fountain to Grace.

Mr. Brian Blecker, 614 Fountain Street, owns properties on Hawthorne, commented that the sidewalks that are there now are sufficient.  No more sidewalks are needed at this time.

Mayor Erdman closed the public hearing.

City Engineer Steve Jahnke explained that this project should be delayed two weeks due to a change in the no parking requirement along one side of the roads in order for the city to use state aid funding for this project.  Staff will notify the affected property owners regarding this change.

Resolution 08-86 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 08-86 included with these minutes)

d.         RESOLUTION 08-87 – ADOPTED - AUTHORIZING JOINT ORDERLY ANNEXATION – HWY 69 PROPERTIES

City Manager Simonsen explained that this resolution would authorize a joint orderly annexation with the Albert Lea Township for properties located on Highway 69 south with addresses ranging from 1010 through 1120 Highway 69 South.  The area is approximately 5.73 acres in size and is completely surrounded by city limits.  The five property owners involved in the annexation have all petitioned for annexation.  Since the annexation is 100% petitioned, publication of the annexation area and a public hearing are not required by state law.

Resolution 08-87 was introduced by Councilor Marin, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-87 included with these minutes)

MOTION:  Move to direct staff to draft agreements with property owners regarding credits for septic system and frontage road issues.

Councilor Marin moved this motion, seconded by Councilor Brooks.  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.

e.         RESOLUTION 08-88 – ADOPTED - AUTHORIZING JOINT ORDERLY ANNEXATION – JENSEN PROPERTY 22276 770TH AVENUE

City Manager Simonsen explained that on September 25, 2006 the City received a request from George & Arlys Jensen, 22276 770th Avenue requesting annexation to the city limits to allow them to hook to municipal sewer and water services.  City Council passed Resolution 06-235 approving the request to connect to services and to proceed with Bancroft Township for orderly annexation of the parcels.  This resolution would authorize a joint orderly annexation with Bancroft Township for the said property.

Resolution 08-88 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 08-88 included with these minutes)

f.          RESOLUTION 08-89 – CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET CONSTRUCTION AND UTILITIES ALONG TOWNSHIP ROAD 105 (JOB 0108)

City Manager Simonsen explained that this resolution would call a public hearing for May 12, 2008 at 7:00 p.m. in the City Council Chambers to pass upon proposed assessments for street construction and utilities along Township Road 105 (Job 0108).  The property was previously located in the Township but has since been annexed into the city limits.

Resolution 08-89 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 08-89 included with these minutes)

g.         RESOLUTION 08-90 – ADOPED - AUTHORIZING CONTRACT WITH MEAD & HUNT FOR PLAZA STREET RELOCATION (JOB 0713)

City Manager Simonsen explained that this resolution would authorize a contract with Mead & Hunt in order to complete the plans and specifications for Plaza Street relocation, wetland mitigation and design of a bridge to cross Bancroft Creek.  The agreement specifies a lump sum payment of $124,640 to be paid 95% by federal funds and 5% local funds.  The Plaza Street relocation project is part of the airport runway relocation project.  If the agreement is approved, the project bid opening would occur in mid-May with construction beginning August 2008 and ending the summer of 2009.  The project costs do not include administrative or construction oversight costs.

Resolution 08-90 was introduced by Councilor Severtson, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-90 included with these minutes)

h.         RESOLUTION 08-91 – ADOPTED - ACCEPTING LEASE AGREEMENT WITH ALBERT LEA COMMUNITY THEATER (ACT)

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a lease agreement with Albert Lea Community Theater, Inc. (ACT), a Minnesota non-profit corporation.  The lease grants the use of the Marion Ross Performing Arts Center for four productions per year.  ACT shall pay the City the sum of $10,000 per year as rental of the premises.  Rent shall be paid in four equal installments.  ACT shall have the option to extend the lease annually with written notice.  The lease further outlines usage of the building including storage areas, production periods, sets, use of auditorium, etc.  Further outlined is the insurance coverage expected to be maintained by the tenants as well as the use of keys to the building.  City Councilmember’s have been provided a full copy of the lease agreement as presented.

Resolution 08-91 was introduced by Councilor Baker, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-91 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

Mayor Randall Erdman reported:

• Proclamation for Child Abuse Prevention Month.
• Proclamation for National Public Safety Telecommunicator’s Week.
• Proclamation for National Library Week 2008.
• HRC Update – Essay winners will be recognized at next Council Meeting.
• Appreciation and well wishes to Scott Woitas who worked for the City of Albert Lea for 16 years.
• Ceremonial signing of bonding bill for Edgewater Park Landfill Cleanup by Governor Pawlenty.

First Ward, Councilor Rasmussen reported:

• Committee meeting updates.
• Thanked everyone for coming to the meeting.

Second Ward, Councilor Baker reported:

• Committee meeting this week.
• Alley between 1st and 2nd Avenue needs grading, and the tree near Fountain needs to be removed.

Third Ward, Councilor Marin reported:

• No committee updates.
• Gave an overview of the trip to Macedonia.
• Presented the Mayor and Councilors, Police and Fire Chief with tokens from the officials in Macedonia.

Fourth Ward, Councilor Olson reported:

• No Committee updates.
• Sump pump draining into alley needs to be checked.

Fifth Ward, Councilor Severtson reported:

• Committee meeting updates.
• Process for applying for hardship for assessment fees needs to be explained to Judy Hagen, 825 Jefferson.
• Congratulated Mayor Erdman for getting Edgewater Park Project approved.

Sixth Ward, Councilor Brooks:

• No committee Items.
• Signage regarding truck traffic on South Margaretha needs to be reviewed by staff.

MAYOR’S ADDITIONAL REQUEST ITEM:

• REQUEST FROM ACT TO PARK SIGN ON NORTH BROADWAY PARKING LOT

The Mayor stated that the city had received a request from ACT to park a vehicle and trailer with lit sign on the northeast corner of the North Broadway parking lot from Thursday, April 24th to Monday, April 28th, 2008 to advertise the upcoming play, “Father of the Bride”.

MOTION:  Move to grant this request.

Councilor Baker moved this motion, 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.

b.         City Manager’s Response to Public Items:

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

• Complaint about property violating septic rules in the County.  The sewer line is planned as part of the Stables project and this property will connect.  These improvements have been in the works for several years and depends on funding.

7.         PUBLIC FORUM

Mr. Milton Ost, 1204 Kent Avenue, stated the following:

• Thanked the Mayor and Councilors for serving our community.

Lt. Jeff Strom, 411 S. Broadway, stated the following:

• Thanked Mayor Erdman for the Proclamation regarding the National Public Safety Telecommunicator’s Week, April 13-19, 2008 for all of the Dispatchers.

Mr. Joe Attig, 18542 750th Avenue, stated concerns about:

• The road next to his property that should have been 20 feet to the north.
• Storm sewer – dirt washing in on his property
• Fence situation, needs to be addressed.
• Slope is too steep.

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

• Concerns about Historic buildings being torn down in the Historic Preservation District.
• Questions regarding the construction of the Wedgewood Water Loop.

Mr. Steve Patten, 9th Street, stated the following:

• Requested that the “No Parking” sign be permanently placed.

Mr. Phil Hanson, 1014 S. Highway 69.

• Thanked the council for all of their help in the annexation of properties along Hwy 69.

Police Chief Winkels:

• Thanked the Council for passing the nuisance ordinance.

8.         ADJOURNMENT – 9:38 p.m.

Councilor Severtson moved and Councilor Olson seconded that there being no further business, the council meeting be adjourned at 9:38  p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Tuesday, April 28, 2008.  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 April 15, 2008.

___/s/____________________________              ___/s/_____________________________
         Secretary of the Council                                        Mayor Randall Erdman

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