January 8, 2007

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 Randy Erdman.

1.         CALL TO ORDER AND ROLL CALL

Present were Mayor Randy 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 Steve Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, KAAL TV and KATE Radio.

(a.)       The Pledge of Allegiance was recited.

(b.)      Officer David Miller was given the Oath of Office by City Clerk Slater-Schulte.  Officer Miller is the newest member of the City of Albert Lea’s Police Department.

(6b.)    RECOGNITION OF BOARD & COMMISSION MEMBERS (Moved out of order)

            Mayor Randy Erdman recognized retiring Board and Commission members.

LIBRARY BOARD:                                                         Jane Saunders

HUMAN RIGHTS COMMISSION:                        Nancy Hockenberry

                                                                                              Patti Hareid

                                                                                        Carmen Morley

                                                                                               Barb Butler

PARK & RECREATION BOARD:                                   Kevin Dulitz

                                                                                    Davis Gilbertson

                                                                                            Jan Mattson

                                                                                           Thelma Foss

PLANNING ADVISORY BOARD:                                    Dick Polley

                                                                                             Tom Tubbs

                                                                                     Paul Overgaard

AIRPORT ADVISORY BOARD:                                Russ Anderson

2.         CONSENT AGENDA

(*a.)     APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 26, 2006.

(*b.)     RESOLUTION 07-01– APPROVING CLAIMS:  Resolution 07-01 represents the financial claims of the City.

(See Secretary's Original Resolution 07-01 included with these minutes.)

(*c.)     APPROVAL OF LICENSES AND PERMITS:

(*d.)     SETTING DATE AND LOCATION FOR COUNCIL/STAFF RETREAT –

            JANUARY 27, 2007, 9 a.m. - 3 p.m. AT THE FREEBORN COUNTY HIGHWAY BUILDING

(*e.)     CALLING A PUBLIC HEARING FOR CONSIDERATION OF GRANT SUBMITTAL – HRA - FOR JANUARY 22, 2007 AT 7:00 P.M.

Councilor Brooks 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 resolutions passed and the consent agenda items adopted.

3.         PETITIONS AND REQUESTS

(a.)       DEVELOPER’S REQUEST FOR FINANCING – WEDGEWOOD COVE SUBDIVISION

City Manager Victoria Simonsen explained that Mr. Clayton Peterson and Mr. Hugh O’Byrne, developers of Wedgewood Cove Subdivision, are requesting the City’s financial support for the project.  Wedgewood Cove Subdivision includes an 18 hole golf course, club house, and approximately 161 units of housing.  The unique nature of developing a golf course requires that the sewer and water infrastructure for the entire development be put in place at one time instead of over phases.  Traditionally, the City will assist with financing and assessing a portion of a project, not to exceed 25 lots per phase.

The developers are requesting that the City bond for the street, sewer and water construction as well as the engineering and/or inspection fees associated with this project which total $3,600,790.  The developers further request that the City directly contribute toward the cost of the sewer and water trunk line and surfacing improvements to West 9^th Street and Wedgewood Drive north of the development.  The total cost of this portion of the project is estimated to be $862,500.  These costs do not include additional storm water improvements that the City may decide to do in conjunction with this project.

The City’s capital improvement plan identifies nearly $3,000,000 of infrastructure improvements for 2007.  The developers and city staff have not negotiated any payment strategies nor default clauses for this financing request.

MOTION:  Move to lay this matter over for two weeks until the City Council and City Staff have time to review this request.

Motion was made by Councilor Brooks, seconded by Councilor Severtson.  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.)      PUBLIC HEARING TO CONSIDER WAIVING THE SPECIAL ASSESSMENTS AND BACK TAXES AT 310 SOUTH BROADWAY

City Manager Simonsen explained that at the December 26, 2006 meeting, the City Council voted to hold a public hearing to consider waiving the assessments and delinquent taxes on property located at 310 So. Broadway.  The property is currently for sale, but has $1,154.08 amount of outstanding assessments, penalties, and interest; and interest; and $7,241.25 delinquent taxes, penalties and interest on the property of which nearly 30% is the city’s portion.  The proposed buyer is requesting that both the delinquent city taxes and outstanding city assessments be waived in order to purchase the property and open a new business.

Public Hearing was opened by Mayor Erdman.

Mr. Roger Bok, 1012 Cato Drive, stated that the City of Albert Lea should not be assisting any requests such as this.  The seller must pay the taxes and assessments.

Mayor Erdman closed the Public Hearing.

MOTION:  Move to waive the assessments in the amount of $1,154.08 and the city portion of delinquent taxes, penalties and interest.

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

4.         UNFINISHED BUSINESS – NO ITEMS.

5.         NEW BUSINESS

(a.)       ORDINANCE 110, 3d - STORM WATER POLLUTION CONTROL (1^st Reading)

City Manager Simonsen explained that the City of Albert Lea is mandated by Minnesota Pollution Control Agency to submit a storm water pollution prevention program (SWPPP) by February 15, 2007.  As part of the Best Management Practices, an ordinance regarding construction site erosion and sediment control is required to be adopted by the municipality.

The ordinance outlines the responsibilities for erosion and sediment control within construction sites.  Differing standards are required for sites less than one acre and greater than one acre.  The ordinance further outlines the permitting process as well as the enforcement of the ordinance by the City’s inspection department.  The fine for violating the ordinance would be considered a misdemeanor with a $1,000 maximum fine for each offense as well as assessment to the property for the City to correct the violation.

Proposed Ordinance 110, 3d was introduced by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said Ordinance: Councilor Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

A second reading of the ordinance will be conducted on January 22, 2007.

(See Secretary's Original Ordinance 110, 3d included with these minutes.)

(b.)      ORDINANCE 111, 3d – NOISE ORDINANCE (1^st Reading)

City Manager Simonsen explained that this would be the 1^st reading of an ordinance amending Chapter 38 of the City Code.  This ordinance would add Sec. 38-97 instituting a noise ordinance from a motor vehicle with a violation resulting in a petty misdemeanor.  In summary, the ordinance identifies that a period of at least 15 seconds of interrupted or continual sounding of any device on a motor vehicle (except as a danger warning) is prohibited.  The ordinance further identifies that amplified sound from a motor vehicle that is audible from a distance of 50 feet or five motor vehicle lengths is in violation of the noise ordinance.  The driver of the vehicle, the owner, or another person assisting can be held responsible for violation of the ordinance.

Proposed Ordinance 111,3d was introduced by Councilor Marin, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said Ordinance: Councilor Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

A second reading of the ordinance will be conducted at the January 22, 2007 City Council meeting.

(See Secretary's Original Ordinance 111, 3d included with these minutes.)

(c.)       RESOLUTION 07-02 - SETTING THE VALUE OF ONE ACRE OF UNDEVELOPED LAND

City Manager Simonsen explained that this resolution would establish the value of one acre of vacant land at $7,500.  The City has an ordinance which requires either parkland dedication or a parkland dedication fee for new development.  It is therefore necessary to identify the value of an acre of undeveloped land on the perimeter of the City each year.  Based on recent land sales, city staff is recommending that the cost per acre of undeveloped land be raised from $5,000 per acre to $7,500 per acre.  The previous rate of $5,000 has been in place for nearly 20 years.

Resolution 07-02 was introduced by Councilor Brooks, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-02 included with these minutes.)

(d.)      RESOLUTION 07-03 - AMENDING RESOLUTION 06-244 APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD

City Manager Simonsen explained that on October 9, 2006, the City Council authorized an Administrative Survey of Lot 2 Webber’s Subdivision.  The City has been notified by Albert Lea Abstract Company that the surveyor has corrected the legal description since that time.  This resolution would amend Resolution 06-244 to include a corrected legal description of the property owned by Mr. Larry Runden.

Resolution 07-03 was introduced by Councilor Rasmussen, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-03 included with these minutes.)

(e.)      RESOLUTION 07-04 – NAMING THE OFFICIAL NEWSPAPER FOR 2007

City Manager Simonsen explained that the City Charter, Sec. 12.01, identifies that the City Council must annually designate a legal newspaper of general circulation in the City as the official newspaper.  This resolution would identify the Albert Lea Tribune as the City’s designated legal newspaper for matters required by law to be published.

Resolution 07-04 was introduced by Councilor Severtson, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-04 included with these minutes.)

(f.)       RESOLUTION 07-05 – AUTHORIZING BOND PAYMENTS FOR 2007

City Manager Simonsen explained that this resolution would authorize bond payments for 2007.  By approving the payment of bonds at the beginning of the year, staff is able to make payments as they become due.  This resolution authorizes the City’s Finance Director to make principal and interest payments based on outstanding bond obligations as listed within the resolution.

Resolution 07-05 was introduced by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-05 included with these minutes.)

(g.)      RESOLUTION 07-06 - APPROVING DEPOSITORIES AND SIGNATORIES FOR WITHDRAWAL OF FUNDS AND AUTHORIZE INVESTMENTS

City Manager Simonsen explained that pursuant to Minnesota Statute, the City Council must designate at the beginning of each calendar year, the depositories in which the Finance Director shall deposit and maintain the monies of the City.  The resolution also identifies the signatories which are required for the transfer or withdrawal of funds.  Further, guidelines for investments are identified which by law requires a fairly conservative approach to investment policy to protect the City’s assets.

Resolution 07-06 was introduced by Councilor Marin, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-06 included with these minutes.)

(h.)      RESOLUTION 07-07 – AUTHORIZING CREDIT CARD USE AND WIRE/ELECTRONIC TRANSFERS

City Manager Simonsen explained that this resolution would authorize the City’s Finance Director to use electronic or wire transfers in accordance with state statute to make payments for federal and state payroll taxes, PERA contributions and the purchase of investments.  It further authorizes City department heads to use city credit cards in accordance with Minnesota state statute.  Use of credit cards is subject to the city’s standard purchasing policies.

Resolution 07-07 was introduced by Councilor Rasmussen, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

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

(i.)        RESOLUTION 07-08 – ACKNOWLEDGING INTENT TO PURCHASE FROM BROOKS SAFETY EQUIPMENT

City Manager Simonsen explained that this resolution would declare the city’s intent to continue to purchase fire safety related equipment and services from Brooks Safety Equipment owned by Councilor Al Brooks.  Currently, the city purchases fire extinguishers and has them serviced by the company.  Purchases typically average approximately $2,500 per year.  This resolution is offered to eliminate any appearance of a conflict of interest on the part of Councilor Brooks or the City.

City Attorney, Steve Schwab gave an explanation as requested by Mayor Erdman to this resolution.

Resolution 07-08 was introduced by Councilor Severtson, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman. Councilor Brooks abstained. Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-08 included with these minutes.)

(j.)        RESOLUTION 07-09 - AUTHORIZING PURCHASE OF REPLACEMENT TRUCK

The Utility Department is requesting the replacement of truck #64 (a 1993 ¾-ton truck) with a 1‑ton truck with a crane and box.  Truck #64 is budgeted for replacement in 2007.  The crane and box is necessary to maintain the lift stations with submersible pumps.  The crane can also be used for replacing hydrants.  The bid is from the state bid list and would be supplied by Elk River Ford.  The box and crane would be from Crysteel Truck Equipment of Lake Crystal, MN.  The F-450 truck is quoted at $24,292.99.  The crane and box is bid at $41,561.08.  This quote falls within the budgeted amount for the replacement.

Resolution 07-09 was introduced by Councilor Brooks, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-09 included with these minutes.)

(k.)       RESOLUTION 07-10 – ACCEPTING FEASIBILITY STUDY – 2007 NEIGHBORHOOD IMPROVEMENT PROJECT – JOB 0631

City Manager Simonsen explained that this resolution would accept the feasibility study conducted for Job 0631 involving the mill overlay and curb replacement project for the north section of the City.  The project involves the bituminous overlay of residential streets in the general area bounded on the north by Airport Road, on the south by Glenview Road, on the east by Bridge Avenue, and on the west by Highland Avenue.

The Engineering Department conducted a feasibility study involving the milling of the existing bituminous street surface to match the existing concrete gutter line.  The total project cost is estimated to be $536,794.13 with 72% being assessable to property owners in the area and 28% of the cost being allocated to the city’s capital improvement fund.  The overlay is anticipated to maintain the structural capacity of the road for at least ten years.  If the road is not reconstructed in the near future, a total reconstruction will be necessary at triple the cost.

A neighborhood meeting is scheduled for January 16, 2007 to inform the neighborhood property owners of the project.  Construction of the project would start on approximately May 1, 2007 and be completed by August 31^st.

Resolution 07-10 was introduced by Councilor Rasmussen, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-10 included with these minutes.)

(l.)        RESOLUTION 07-11 - ORDERING REMOVAL OF MOBILE HOME –

            722 LARIMORE CIRCLE

City Manager Simonsen explained that this resolution would authorize the Order for Removal of the dilapidated structure at 722 Larimore Circle.  The structure is owned by Magdaleno Rodolfo Valdez and Timothy and Lauri Johnston, individually and doing business as Windstone Properties.  The City’s Inspection Department declares the building hazardous for the following reasons:

• Electrical system does not comply with building code; doors and windows are not weather tight; leaking roof; floors in need of repair; no smoke detectors; no fire extinguishers; no way to secure back door; unsanitary living conditions; improper storage of garbage; improper working conditions of heating unit; excessive amount of debris on floor; and the structure is not rodent proof due to excessive number of accesses in doors and floors.

This order would authorize that all personal property or fixtures shall be removed and the hazardous building razed and removed within 45 days of the service of this order.

Resolution 07-11 was introduced by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution:  Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary's Original Resolution 07-11 included with these minutes.)

6.         MAYOR AND COUNCIL ITEMS

(a.)       APPOINTMENT OF MAYOR PRO TEMPORE

MOTION:  Move to appoint Council Al Brooks to serve as the Mayor Pro Tempore in the absence of Mayor Erdman.

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

(b.)      APPOINTMENTS TO BOARDS AND COMMISSIONS

Mayor Erdman recommended the following appointments to Boards and Commissions:

           LIBRARY BOARD:                                                         term expiring

            Grace Haukoos                                                      12/31/09 - Reappointed

            Gail Batt                                                                  12/31/09 - Reappointed

            Vern Rasmussen, Jr. – Ex-Officio

            BOARD OF APPEALS:

            Wallace Winegar                                                   12/31/11 - Reappointed

            Larry Baker, Ex-Officio

            PLANNING ADVISORY BOARD:

            John Abrego                                                  12/31/07 – New Appointment

            Tony Trow                                                       12/31/08 – New Appointment

            Grace Haukoos                                             12/31/09 – New Appointment

            John Sorlie                                                             12/31/09 – Reappointed

            Larry Baker, Ex-Officio

            AIRPORT ADVISORY BOARD:

            Jerry Morstad                                                         12/31/09 – Reappointed

            Mike Nevins                                                           12/31/09 – Reappointed

            Jon Lamphier                                                 12/31/09 – New Appointment

            ALBERT LEA PORT AUTHORITY:

            Vern Rasmussen, Jr.                                                      New Appointment

            Al Brooks                                                                                 Reappointed

            HERITAGE PRESERVATION COMMISSION:

            Pamela R. Schmidt, 616 W. Fountain St.                       New Appointment

MOTION:  Move to approve the Mayor’s appointments to Boards and Commissions as presented.

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

(d.)      APPOINT FAMILY COLLABORATIVE MEMBER – REMOVED FROM AGENDA

(e.)      MAYOR/WARD AND COMMITTEE ITEMS:

First Ward, Councilor Rasmussen:  Nothing.

Second Ward, Councilor Baker:

• Received telephone calls concerning garbage, broken glass around 133 West William, Downtown Homes Apartment Building.

• Diagonal parking on West Avenue, next to the old high school, currently where the parking lot is located.  Concern about the width of the street, wonders if the parking could become parallel parking.

Third Ward, Councilor Marin:  Nothing

Fourth Ward, Councilor Olson:

• Thanked the Street Department for taking care of the debris on Garfield.

• Thanked the citizens in the 4^th Ward for electing him.

Fifth Ward, Councilor Severtson:

• Trailer is being parked on 4^th Street.

Sixth Ward, Councilor Brooks: 

• Requested City Engineer to check on the repair in New Hills Condo area.

• Thanked Thelma Foss for all of her years of service on the Park & Recreation Board.

• Thanked Davis Gilbertson for serving 33 years on the Park & Recreation Board.

• Port Authority Meeting – election of officers – updates from the director and assistant director- other updates on development projects within the city.

Mayor Erdman:

• Planning Commission has voted to change their meeting times to be the first and third Thursday at 5:30 p.m., also reviewed the proposed plat for Wedgewood Cove.

• Thanked the community for all of their support and will do his best in serving as Mayor of Albert Lea.

(f.)       CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:

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

• Ward 1 – Geese on Fountain Lake- Staff has contacted the DNR and the Freeborn County to see if they had any solutions for the city.  It is a common problem in southern Minnesota because of the open lakes and warm weather.  They offered no solution, other than no feeding and encourage them to leave.

• Ward 6 – Lot between 906 and 910 East Ninth Street – size of this lot is large enough to build a house - the lots total 45.4 feet wide by 132.38 feet deep.  The City only requires a 36 foot wide lot for a single family home.

7.         PUBLIC ITEMS:

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

• Section 2.06 – “Elected official of the city cannot be appointed City Manager, hold another office or be employed by the city in any capacity for pay.  This charter has been this way since 1929 – council should read it.”  City Attorney Steve Schwab responded to this as Mr. Bok is quoting the wrong section.  Mr. Brooks is not an employee of the city.  The correct section of the charter is 12.03.

• Oath of Office – Mayor, Councilmen and City Manager, etc., are to take an “Oath of Office and the City Manager has never taken the Oath of Office.

• Stated that anything with an (*) is to be read and recorded, this is not being done.

• Stated that when we are doing the minutes from the last meeting, why don’t you vote on it like you should, if not you have to read the entire thing.

• Stated that when you move public items around, must be placed on the agenda, you cannot just move things around.

• Boat Landing:  I would bet that none of the council went down there and looked at it.  That is why he gave the manager the tape measure.  He stated that 35 feet has been closed off.  Stated in the minutes that only one foot was closed off by Pelican Breeze.  This was put in by the DNR and we are covering it up.

• Speed limit sign should be put on Front Street right by the bridge.  Stated that the last time it snowed there were three places, right at the end of Garfield, where cars had hit the curb.

Mrs. Elaine Garr, 808 Lake Chapeau Drive stated the following regarding downtown parking:

·         Commented about the article in the newspaper regarding “No More Free Parking” in Albert Lea, where can you go to pay to park?

·         Owner of Beauty Salon at 212 South Broadway and many of the customers need more than two hours for their appointments.

·         Stated that she thought that the City of Albert Lea was trying to promote

downtown business.

·         Customers are stating that they can only be there two hours, and they were going to do more shopping, but they cannot drive around the block and park somewhere else and most of the customers cannot afford a $14.00 parking ticket.

      Mr. Jeff Bennett, 714 St. Peter Street, member and employee of the Moose Lodge:

·         Requested that the city council consider giving a section of land of the Farmland Site, or provide connection to sewer, water, electrical, curbing so that a building could be built with the money that they may receive from the State.

·         Requested that a council member or members attend a meeting on January 9, 2007 at 7:00 p.m. at the Lodge to discuss this item and other issues with the lodge members.

8.         ADJOURNMENT – 8:15 p.m.

Councilor Marin moved and Councilor Brooks seconded, that there being no further business, the council meeting be adjourned at 8:15 p.m., until the next regular meeting of the Albert Lea City Council on Monday, January 22, 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 January 9, 2007

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